You asked for information on the Connecticut Board of Education and Services for the Blind's (BESB) new proposal regarding vending machines. You were given to understand that BESB personnel have informed state colleges and other state facilities that their vending machines will be replaced shortly by state-approved vendors. You want to know who these state-approved vendors are, how they qualify to become vendors, and whether the colleges and other state facilities were consulted before this change was made.

This BESB policy is not new. It derives from long-standing state law, enacted in1945, that gives BESB the right of first refusal when a state institution of higher education (or other state or municipal entity) decides to install a food service or vending operation (CGS § 10-303). (Federal law gives BESB similar authority in federal buildings. )

The income from vending machines must be used to pay for fringe benefits, training, and support of blind food service operators, and to provide entrepreneurial and independent-living training and equipment to blind adults and children who are blind or visually impaired. In colleges and other educational facilities, part of the vending machine revenues goes to student activities.

In 1999, BESB contracted with Coca Cola Bottling of New England, located in East Hartford, for a 10-year exclusive contract to provide vending services in these locations. BESB awarded the contract to Coca-Cola after a request for proposal and bid process. The contract gives BESB a 35% commission on the revenues. BESB honors existing contracts and does not make the change until they expire. Recently, BESB has contacted colleges to remind them about their obligations to offer BESB the opportunity to provide these services when the facility's current contract expires.

In some situations, BESB may waive its rights, for instance if a food service operation is too large for BESB clients to handle, according to Brian Sigman, BESB executive director. BESB must either accept all of the food service and vending functions at a facility or refuse all of them; it cannot accept, for instance, only vending.

RESOURCES

Additional information on BESB and its programs is available at:

http: //www. besb. state. ct. us/

A 2005 Connecticut Attorney General's opinion on the statute's lack of clarity on BESB's right to subcontract its vending operations is available at: http: //www. ct. gov/ag/cwp/view. asp?A=1770&Q=296490

December 2006 Vendtalk article on recent concerns

http: //www. nfbnet. org/pipermail/vendtalk/2006-December/001802. html

The following OLR reports also provide background on BESB and its vending machine contracts:

OLR Report 2002-R-0277 1975 Changes to the Board of Education and Services for the Blind's Vending Rights

OLR Report 2002-R-0114 Board of Education and Services for the Blind Vending Services

OLR Report 2006-R-0310 Other States' Vending Programs for Blind Entrepreneurs

HN: ts