Bill Text: IL HB1617 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Unified Code of Corrections. Except as otherwise provided in the Blind Vendors Act, provides that all income from the sale of goods from vending machines located at Department of Corrections and Department of Juvenile Justice facilities shall be used solely for payments to the vendors of those machines and shall not be diverted by the respective Department for any other purpose. Provides that the price of any goods sold from vending machines at Department of Corrections and Department of Juvenile Justice facilities shall be the same for correctional officers, family members of committed persons, and other visitors to the facilities. Amends the Blind Vendors Act to make conforming changes.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2019-10-04 - Added Co-Sponsor Rep. Lindsey LaPointe [HB1617 Detail]

Download: Illinois-2019-HB1617-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB1617

Introduced , by Rep. Justin Slaughter

SYNOPSIS AS INTRODUCED:
20 ILCS 2421/30
730 ILCS 5/3-4-3 from Ch. 38, par. 1003-4-3

Amends the Unified Code of Corrections. Except as otherwise provided in the Blind Vendors Act, provides that all income from the sale of goods from vending machines located at Department of Corrections and Department of Juvenile Justice facilities shall be used solely for payments to the vendors of those machines and shall not be diverted by the respective Department for any other purpose. Provides that the price of any goods sold from vending machines at Department of Corrections and Department of Juvenile Justice facilities shall be the same for correctional officers, family members of committed persons, and other visitors to the facilities. Amends the Blind Vendors Act to make conforming changes.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Blind Vendors Act is amended by changing
5Section 30 as follows:
6 (20 ILCS 2421/30)
7 Sec. 30. Vending machine income and compliance.
8 (a) Except as provided in subsections (b), (c), (d), (e),
9and (i) of this Section, after July 1, 2010, all vending
10machine income, as defined by this Act, from vending machines
11on State property shall accrue to (1) the blind vendor
12operating the vending facilities on the property or (2) in the
13event there is no blind vendor operating a facility on the
14property, the Blind Vendors Trust Fund for use exclusively as
15set forth in subsection (a) of Section 25 of this Act.
16 (b) Notwithstanding the provisions of subsection (a) of
17this Section, all State university cafeterias and vending
18machines are exempt from this Act.
19 (c) Notwithstanding the provisions of subsection (a) of
20this Section, all vending facilities at the Governor Samuel H.
21Shapiro Developmental Center in Kankakee are exempt from this
22Act.
23 (d) Notwithstanding the provisions of subsection (a) of

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1this Section, in the event there is no blind vendor operating a
2vending facility on the State property, all vending machine
3income, as defined in this Act, from vending machines on the
4State property of the Department of Corrections and the
5Department of Juvenile Justice shall accrue to the State agency
6solely for the purposes described in subsection (c) of Section
73-4-3 of and be allocated in accordance with the commissary
8provisions in the Unified Code of Corrections.
9 (e) (Blank). Notwithstanding the provisions of subsection
10(a) of this Section, in the event a blind vendor is operating a
11vending facility on the State property of the Department of
12Corrections or the Department of Juvenile Justice, a commission
13shall be paid to the State agency equal to 10% of the net
14proceeds from vending machines servicing State employees and
1525% of the net proceeds from vending machines servicing
16visitors on the State property.
17 (f) The Secretary, directly or by delegation of authority,
18shall ensure compliance with this Section and Section 15 of
19this Act with respect to buildings, installations, facilities,
20roadside rest stops, and any other State property, and shall be
21responsible for the collection of, and accounting for, all
22vending machine income on this property. The Secretary shall
23enforce these provisions through litigation, arbitration, or
24any other legal means available to the State, and each State
25agency in control of this property shall be subject to the
26enforcement. State agencies or departments failing to comply

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1with an order of the Department may be held in contempt in any
2court of general jurisdiction.
3 (g) Any limitation on the placement or operation of a
4vending machine by a State agency based on a determination that
5such placement or operation would adversely affect the
6interests of the State must be explained in writing to the
7Secretary. The Secretary shall promptly determine whether the
8limitation is justified. If the Secretary determines that the
9limitation is not justified, the State agency seeking the
10limitation shall immediately remove the limitation.
11 (h) The amount of vending machine income accruing from
12vending machines on State property that may be used for the
13functions of the Committee shall be determined annually by a
14two-thirds vote of the Committee, except that no more than 25%
15of the annual vending machine income may be used by the
16Committee for this purpose, based upon the income accruing to
17the Blind Vendors Trust Fund in the preceding year. The
18Committee may establish its budget and expend funds through
19contract or otherwise without the approval of the Department.
20 (i) Notwithstanding the provisions of subsection (a) of
21this Section, with respect to vending machines located on any
22facility or property controlled or operated by the Division of
23Mental Health or the Division of Developmental Disabilities
24within the Department of Human Services:
25 (1) Any written contract in place as of the effective
26 date of this Act between the Division and the Business

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1 Enterprise Program for the Blind shall be maintained and
2 fully adhered to including any moneys paid to the
3 individual facilities.
4 (2) With respect to existing vending machines with no
5 written contract or agreement in place as of the effective
6 date of this Act between the Division and a private vendor,
7 bottler, or vending machine supplier, the Business
8 Enterprise Program for the Blind has the right to provide
9 the vending services as provided in this Act, provided that
10 the blind vendor must provide 10% of gross sales from those
11 machines to the individual facilities.
12(Source: P.A. 99-78, eff. 7-20-15.)
13 Section 10. The Unified Code of Corrections is amended by
14changing Section 3-4-3 as follows:
15 (730 ILCS 5/3-4-3) (from Ch. 38, par. 1003-4-3)
16 Sec. 3-4-3. Funds and Property of Persons Committed.
17 (a) The Department of Corrections and the Department of
18Juvenile Justice shall establish accounting records with
19accounts for each person who has or receives money while in an
20institution or facility of that Department and it shall allow
21the withdrawal and disbursement of money by the person under
22rules and regulations of that Department. Any interest or other
23income from moneys deposited with the Department by a resident
24of the Department of Juvenile Justice in excess of $200 shall

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1accrue to the individual's account, or in balances up to $200
2shall accrue to the Residents' Benefit Fund. For an individual
3in an institution or facility of the Department of Corrections
4the interest shall accrue to the Residents' Benefit Fund. The
5Department shall disburse all moneys so held no later than the
6person's final discharge from the Department. Moneys in the
7account of a committed person who files a lawsuit determined
8frivolous under Article XXII of the Code of Civil Procedure
9shall be deducted to pay for the filing fees and cost of the
10suit as provided in that Article. The Department shall under
11rules and regulations record and receipt all personal property
12not allowed to committed persons. The Department shall return
13such property to the individual no later than the person's
14release on parole or aftercare.
15 (b) Any money held in accounts of committed persons
16separated from the Department by death, discharge, or
17unauthorized absence and unclaimed for a period of 1 year
18thereafter by the person or his legal representative shall be
19transmitted to the State Treasurer who shall deposit it into
20the General Revenue Fund. Articles of personal property of
21persons so separated may be sold or used by the Department if
22unclaimed for a period of 1 year for the same purpose.
23Clothing, if unclaimed within 30 days, may be used or disposed
24of as determined by the Department.
25 (c) Forty percent of the profits on sales from commissary
26stores shall be expended by the Department for the special

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1benefit of committed persons which shall include but not be
2limited to the advancement of inmate payrolls, for the special
3benefit of employees, and for the advancement or reimbursement
4of employee travel, provided that amounts expended for
5employees shall not exceed the amount of profits derived from
6sales made to employees by such commissaries, as determined by
7the Department. The remainder of the profits from sales from
8commissary stores must be used first to pay for wages and
9benefits of employees covered under a collective bargaining
10agreement who are employed at commissary facilities of the
11Department and then to pay the costs of dietary staff. Except
12as otherwise provided in Section 30 of the Blind Vendors Act,
13all income from the sale of goods from vending machines located
14at Department of Corrections and Department of Juvenile Justice
15facilities shall be used solely for payments to the vendors of
16those machines and shall not be diverted by the respective
17Department for any other purpose. The price of any goods sold
18from vending machines at Department of Corrections and
19Department of Juvenile Justice facilities shall be the same for
20correctional officers, family members of committed persons,
21and other visitors to the facilities.
22 (d) The Department shall confiscate any unauthorized
23currency found in the possession of a committed person. The
24Department shall transmit the confiscated currency to the State
25Treasurer who shall deposit it into the General Revenue Fund.
26(Source: P.A. 97-1083, eff. 8-24-12; 98-558, eff. 1-1-14.)
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