From suncat0 at gmail.com Thu Nov 1 22:03:18 2012 From: suncat0 at gmail.com (Joe Sontag) Date: Thu, 1 Nov 2012 18:03:18 -0400 Subject: [Vendorsmi] unemployment fraud case Message-ID: <07FAD8328D794C4DAFF684DBDB0B7E82@Reputercat> I'm not saying that the BEP faces this problem exactly, but I'm presenting this story in order to show that even the slickest among us may get nailed; and we have more than our share of slicksters in the area of employer responsibilities. ----- Original Message ----- Sent: Wednesday, October 31, 2012 21:29 Subject: Unemployment Fraud case Could BEP operator fraud be next case? Tuesday, October 30, 2012 Lansing mother, son convicted on federal charges in alleged unemployment fraud 8:44 PM, Oct 30, 2012 | . GRAND RAPIDS - The owners of a Lansing landscaping company face prison time after being convicted on federal charges in an alleged scheme to defraud the unemployment insurance system. Kevin Romando Johnson, 39, and his mother, Sara Johnson, 69, both of Lansing , were found guilty of mail fraud Tuesday after a six-day trial in U.S. District Court in Grand Rapids , the U.S. Attorneys Office said. Kevin Johnson also was convicted of making a false statement to a federal agent. The government alleged the Johnsons, who owned Lansing Total Lawn Care, coerced laid-off employees to apply for unemployment benefits and forced them to work during the winter months with no pay. Some workers also testified they were forced to give the defendants money from their unemployment checks, the attorneys office said. Mail fraud is punishable by up to 20 years in prison and a fine of $250,000 or up to twice the amount of loss caused by the scheme. Lying to a federal agent is punishable by up to 5 years in prison and a $250,000 fine. -------------- next part -------------- An HTML attachment was scrubbed... URL: From suncat0 at gmail.com Mon Nov 5 18:02:57 2012 From: suncat0 at gmail.com (Joe Sontag) Date: Mon, 5 Nov 2012 13:02:57 -0500 Subject: [Vendorsmi] Help us Protect the Business Enterprise Program Message-ID: We, the National Federation of the Blind of Michigan and Michigan Association of Blind Merchants, believe in Governor Snyder's ideas of creating open, transparent and data-driven administration of government to build and expand Michigan's employment opportunities. Members of the Michigan Association of Blind Merchants will be present when the Michigan Legislature goes back into session this Thursday. If you can be in Lansing on Thursday, November 8 or the following Friday and have some time to help us get an important and positive message to our Reps. and Senators concerning the Business Enterprise Program, I'd very much like to hear from you. You may reach me off-list at Suncat0 at gmail.com or by phone at: (517) 256-2514 Joe Sontag, Vice President, Michigan Association of Blind Merchants -------------- next part -------------- An HTML attachment was scrubbed... URL: From suncat0 at gmail.com Thu Nov 8 00:14:51 2012 From: suncat0 at gmail.com (Joe Sontag) Date: Wed, 7 Nov 2012 19:14:51 -0500 Subject: [Vendorsmi] Tomorrow's Legislative Activity Message-ID: Hi. Attached is the text of a flyer that has been prepared concerning the Business Enterprise Program and how the Legislature can help protect and enhance it. I will be at the Anderson building and in the State Plate Cafeteria at 9:00 AM. The plan is to visit some key house and senate offices, then visit the House and Senate chambers, assuming they don't go out of session quickly. If session is too short, we'll concentrate on the House of Representatives building for as long as people have time. Any of this may be adjusted on the fly, depending on how many show up, how much time they have, new information that may reach us etc., but it will be fun. Let me know of any questions you may have, your schedule for the next two days or anything else on your mind Joe Sontag -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: NFB - Help Us Maintain and Create Jobs.docx Type: application/octet-stream Size: 12528 bytes Desc: not available URL: From suncat0 at gmail.com Fri Nov 9 18:43:04 2012 From: suncat0 at gmail.com (Joe Sontag) Date: Fri, 9 Nov 2012 13:43:04 -0500 Subject: [Vendorsmi] Yesterday at the Capitol Message-ID: <4E1501A476614CB48C7773F2B8FEDB8B@Reputercat> You guessed it, the National Federation of the Blind of Michigan was there - meeting people, distributing information and enjoying the positive reactions we received. And there is still more work to be done. If you can be in Lansing next week and would like to help us strengthen employment opportunities for blind people and to get out our message relating to the Business Enterprise Program, I'd still like to hear from you. You can reply to me at suncat0 at gmail.com or call me at (517) 256-2514. Joe Sontag -------------- next part -------------- An HTML attachment was scrubbed... URL: From suncat0 at gmail.com Thu Nov 15 02:15:55 2012 From: suncat0 at gmail.com (Joe Sontag) Date: Wed, 14 Nov 2012 21:15:55 -0500 Subject: [Vendorsmi] Fw: Michigan Opportunity Message-ID: <4883594316684947938DD04FABF34C30@Reputercat> ----- Original Message ----- From: David Robinson To: terrydeagle at yahoo.com Cc: 'Joe Sontag' Sent: Wednesday, November 14, 2012 17:02 Subject: FW: Michigan Opportunity -------------------------------------------------------------------------------- From: Kevan Worley [mailto:kevanworley at worleyenterprises.com] Sent: Wednesday, November 14, 2012 2:48 PM To: David Robinson Subject: Michigan Opportunity Greetings Dave, Thanks for the overview this morning. The background was very helpful. I think we reached five good action points. I just spoke with Nicky. Nicky and Terry did meet with Rogers this morning. They felt the meeting went very, very well! There are certainly outstanding issues with which we must deal. However, he will be attending some NCSAB and NABM training. He mentioned upcoming discussion with Larry. My personal opinion is to take the man at his word and cultivate a partnership if we can. I did not get into the specifics. I will do so when Nicky and Terry return, but I wanted to give you that quick brief. At Your Service, Office: 1-866-543-6808 Cell: (303)929-2369 Fax: (719)527-0129 www.worleyenterprises.com -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: image003.gif Type: image/gif Size: 4028 bytes Desc: not available URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: image002.jpg Type: image/jpeg Size: 6695 bytes Desc: not available URL: From suncat0 at gmail.com Thu Nov 15 02:32:08 2012 From: suncat0 at gmail.com (Joe Sontag) Date: Wed, 14 Nov 2012 21:32:08 -0500 Subject: [Vendorsmi] Fw: sound familiar? Message-ID: Here's some evidence that the Open Meetings Act is taken seriously in some quarters. In BSBP, it remains a huge question mark. PA260 of 1978 and the BEP promulgated rules tie the Agency and the EOC to the OMA precisely because of the actions of BEP officials in the 1970s who treated EOC meetings as closed and even blocked interested operators outside of the Committee from attending its meetings. Don't let the worst of the old days come back to bite us. ----- Original Message ----- From: joe harcz Comcast Sent: Tuesday, November 13, 2012 7:26 Subject: sound familiar? Judge: Charter violated rules H. Park school operator in breach of Meetings Act By Shawn D. Lewis The Detroit News Comments . Highland Park - A judge has ruled that the Highland Park charter schools system is in violation of the state's Open Meetings Act for failing to notify a district board member about meetings and not releasing other information. Wayne County Circuit Judge Robert J. Colombo Jr. ruled Friday in favor of Highland Park school board secretary Robert Davis, who filed the lawsuit against the charter system managed by the Leona Group LLC. The judge said the defendants violated the law by failing to make available minutes of meetings held by the three-member board installed when Leona took over the district's new charter system this past summer. Colombo said the charter system is to make the meeting minutes available for public inspection at Highland Park Renaissance High School, where the board meets. The judge also ruled the defendants violated the act by not informing Davis of future public meetings. Davis said his requests for information regarding public board meetings were consistently ignored. You have certain administrators within the organization who are purposely withholding information," he said. A spokeswoman for the Leona Group said Monday the charter operator needed to consult its attorney before responding. But she did provide information about board meeting agendas. The board meeting schedule for the 2012-13 school year, past agendas and minutes through August are now posted to the board page," said Mary Marshall. Agendas and minutes for September and October will be posted when they are provided to Leona's webmaster, Marshall said. slewis at detroitnews.com (313) 222-2296 -------------- next part -------------- An HTML attachment was scrubbed... URL: From suncat0 at gmail.com Fri Nov 16 12:36:14 2012 From: suncat0 at gmail.com (Joe Sontag) Date: Fri, 16 Nov 2012 07:36:14 -0500 Subject: [Vendorsmi] Fw: Recording of BSBP Meetings Message-ID: I'm sending this as a companion to my last message so that everyone who cares can know just what the BEP and the entire Agency is heading for. There has been no response to my original message other than that shown here. Joe Sontag ----- Original Message ----- From: Rodgers, Edward (LARA) To: 'Joe Sontag' Sent: Monday, October 29, 2012 8:30 Subject: RE: Recording of BSBP Meetings Good Morning Joe, Thank you for your email which I was just able to read. I've been out of the office visiting regional offices since Wednesday, October 24. I will review your concerns as well as the Open Meetings Act and then respond more fully. Thank you for your patience. Ed -------------------------------------------------------------------------------- From: Joe Sontag [mailto:suncat0 at gmail.com] Sent: Monday, October 29, 2012 9:08 AM To: Rodgers, Edward (LARA) Subject: Recording of BSBP Meetings Ed, I faxed this to you on the morning of 10-24-2012 and send it as e-mail in the event that there was a problem with the fax machine at your end. Ed, I am writing you in response to your claim that recording of BSBP meetings is not permissible because of a concern about the official record of any meeting. While I did in fact stop recording per your request, I stated that I would study the issue. I have done this and now say that the October 22, 2012 meeting of the Elected Operators' Committee was conducted in clear violation of Michigan's open meetings Act and that BSBP remains bound by the provisions of the OMA for the following reasons: Meetings of the Elected operators' Committee are to be conducted in conformity with PA267 of 1976 as set forth in BEP promulgated rule R393.52 (2) (a). You stated to me that the EOC meeting was a public meeting, yet you denied me the right to make my own recording of the meeting, saying I was limited to low-tech note-taking only. It is also true that no opportunity for public comment was given during this meeting, contrary to the requirements of PA267. That your staff is fully aware of this, yet remained silent suggests strongly that you may wish to question and more closely examine critically their statements to you about BEP operations and the way they conduct business on behalf of the Bureau PA267 of 1976 has this to say about the recording of public meetings: addressing meeting of public body; tape-recording, videotaping, broadcasting, and telecasting proceedings; rules and regulations; exclusion from meeting; exemptions. Sec. 3. (1) All meetings of a public body shall be open to the public and shall be held in a place available to the general public. All persons shall be permitted to attend any meeting except as otherwise provided in this act. The right of a person to attend a meeting of a public body includes the right to tape-record, to videotape, to broadcast live on radio, and to telecast live on television the proceedings of a public body at a public meeting. The exercise of this right shall not be dependent upon the prior approval of the public body. However, a public body may establish reasonable rules and regulations in order to minimize the possibility of disrupting the meeting. The OMA exempts meetings in certain departments in which the merits of a case are being deliberated, but there appears to be no application to the former Commission for the Blind or the current BSBP, except as it relates to closed sessions of public meetings. >From EO2012-10: B. All authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds of the Commission for the Blind are transferred from the Commission for the Blind to the Bureau of Services for Blind Persons, including but not limited to the following: 1. The Blind and Visually Disabled Persons Act, 1978 PA 260, MCL 393.351 to 393.369, Finally, from PA260 of 1978: BLIND AND VISUALLY DISABLED PERSONS (EXCERPT) Act 260 of 1978 393.365 Conducting business at public meeting; notice; availability of writings to public. Sec. 15. (1) The business which the commission or any committee appointed under this act may perform shall be conducted at a public meeting of the commission or committee held in compliance with Act No. 267 of the Public Acts of 1976, being sections 15.261 to 15.275 of the Michigan Compiled Laws. Public notice of the time, date, and place of the meeting shall be given in the manner required by Act No. 267 of the Public Acts of 1976. (2) A writing prepared, owned, used, in the possession of, or retained by the commission in the performance of an official function shall be made available to the public in compliance with Act No. 442 of the Public Acts of 1976, being sections 15.231 to 15.246 of the Michigan Compiled Laws. The emphasis on the OMA in PA260 and in the BEP promulgated rules is a direct result of attempts in the past to deny the public generally and blind people specifically knowledge of how our Agency was being run, even going so far as to deny the right of BEP operators who were not EOC members to attend EOC meetings. Events of October 22 and the discovery that there is a plan to introduce legislation that would exempt the Executive and Legislative branches of State government from the food service priority established in PA260 of 1978 have changed my attitude about BSBP from cautious optimism to one of caution at best. Ed, here's hoping that you are genuinely interested in repairing and building a better Agency for the blind of Michigan and not merely a more educated and aggressive version of your predecessor. I've contacted you via fax as my internet service is not available. I should have working internet service again by 10-29; and the e-mail address that you have on record should remain effective. Joe Sontag -------------- next part -------------- An HTML attachment was scrubbed... URL: From suncat0 at gmail.com Sat Nov 17 00:06:12 2012 From: suncat0 at gmail.com (Joe Sontag) Date: Fri, 16 Nov 2012 19:06:12 -0500 Subject: [Vendorsmi] End of the line for Hostess Message-ID: <950B95F2A4CB49A0ABF99FEC5329451D@Reputercat> Their distribution center in Livonia stopped just short of telling me where to go when I tried to establish a business relationship back in 1996. I'm not sad; and a small part of me almost likes this. http://apnews.myway.com//article/20121116/DA2JB04O1.html -------------- next part -------------- An HTML attachment was scrubbed... URL: From suncat0 at gmail.com Sun Nov 18 03:55:10 2012 From: suncat0 at gmail.com (Joe Sontag) Date: Sat, 17 Nov 2012 22:55:10 -0500 Subject: [Vendorsmi] PA260 of 1978, more important than ever Message-ID: <7BEAF304C43F4AD581A085D33408109D@Reputercat> Below is the text of the Blind And Visually Disabled Persons Act of 1978. Those of us who truly care about the BEP may wish to pay special attention to sections 9 and beyond. Your thoughts are welcome. Joe Sontag BLIND AND VISUALLY DISABLED PERSONS Act 260 of 1978 AN ACT to revise and codify the laws relating to blind persons and persons with a visual disability; to create a commission; to prescribe its powers and duties and those of other state agencies relative to blind persons; to provide services, education, training, and assistance to blind persons; to regulate concessions operated by blind persons; to transfer powers, duties, functions, and appropriations; and to repeal acts and parts of acts. History: 1978, Act 260, Eff. Oct. 1, 1978 ;-- Am. 1998, Act 44, Imd. Eff. Mar. 18, 1998 ? 2009 Legislative Council, State of Michigan The People of the State of Michigan enact: 393.351 Definitions. Sec. 1. As used in this act: (a) "Blind person" means an individual who has a visual acuity of 20/200 or less in the better eye with correction, or has a limitation of his or her field of vision such that the widest diameter of the visual field subtends an angular distance not greater than 20 degrees, as determined by the commission. (b) "Commission" means the commission for the blind. (c) "Concession" means equipment or location which is being used, or may be used to sell retail confections, tobaccos, papers, periodicals, and other like merchandise, coffee, milk, soft drinks, wrapped ice cream, wrapped sandwiches, wrapped baked goods, packaged salads and other similar food items. Concession includes the operation of "quickie lunch counters" for the dispensing of prepared foods in state buildings and vending facilities. (d) "Department" means the department of labor. (e) "Director" means the director of the commission. (f) "Vending facility" means an automatic vending machine, cafeteria, snack bar, cart service, shelter, counter, or any other appropriate auxiliary equipment as the commission may prescribe by rule as being necessary for the sale of articles or services described in this act and which may be operated by a blind licensee. History: 1978, Act 260, Eff. Oct. 1, 1978 ;-- Am. 1982, Act 224, Imd. Eff. Sept. 14, 1982 Compiler's Notes: For transfer of powers and duties of the commission for the blind from the department of labor to the family independence agency, see E.R.O. No. 1996-2, compiled at MCL 445.2001 of the Michigan Compiled Laws.For transfer of powers and duties of the commission for the blind from the family independence agency, or its director, to the department of labor and economic growth, or its director, by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011. Admin Rule: R 393.101 et seq. of the Michigan Administrative Code. ? 2009 Legislative Council, State of Michigan 393.352 Commission for blind; creation; appointment of members; chairperson; appointment and evaluation of director of commission; terms, compensation, and expenses of members; officers; quorum. Sec. 2. (1) The commission for the blind is created in the department of labor. The commission consists of 5 members appointed by the governor by and with the advice and consent of the senate. Three of the members shall be blind persons. One of the members shall be designated by the governor to serve as the chairperson. The commission shall recommend to the director of the department a person to serve as director of the commission from a list of eligible persons certified and submitted by the department of civil service who shall be classified as a civil service employee, and the director of the department may appoint or reject that person. Should that person be rejected, the procedure shall be repeated until a director is appointed. The commission shall evaluate the performance of the director annually and submit its evaluation and recommendations to the director of the department. (2) The members shall serve for terms of 3 years except of those members first appointed, 2 shall serve for terms of 3 years, 2 for 2 years, and 1 shall serve for 1 year. A vacancy shall be filled in the same manner as the original appointment for the balance of the unexpired term. (3) The compensation and the schedule of reimbursement of expenses shall be established annually by the legislature. (4) The members shall elect their own officers as necessary. (5) A majority of the members appointed constitutes a quorum. History: 1978, Act 260, Eff. Oct. 1, 1978 Compiler's Notes: For transfer of powers and duties of the commission for the blind from the family independence agency, or its director, to the department of labor and economic growth, or its director, by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011. ? 2009 Legislative Council, State of Michigan 393.353 Services for determining cause and prevention of blindness; examination to certify statutory blindness; treatment; cost; contract to provide eye examinations. Sec. 3. (1) The commission shall establish and maintain services as needed for determining the cause and prevention of blindness. The examination to certify statutory blindness may be performed by either an ophthalmologist or physician skilled in the diseases of the eye; or a licensed optometrist, whichever the person shall select. When a blind or partially blind person can be benefited by treatment, the commission shall arrange for the necessary treatment, with the consent of the person, by an ophthalmologist or physician skilled in the diseases of the eye, a licensed optometrist, or both. An examination shall be provided without charge to the applicant for services to the blind. Unless other funds are available, the examination, and treatment if provided, shall be paid for by the commission. (2) The commission may contract with the department of social services or the department of public health to provide eye examinations for applicants for aid to the blind. History: 1978, Act 260, Eff. Oct. 1, 1978 Compiler's Notes: For transfer of powers and duties of the commission for the blind from the family independence agency, or its director, to the department of labor and economic growth, or its director, by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011. ? 2009 Legislative Council, State of Michigan 393.354 Services to assist persons with visual disability; fee; duties of commission generally. Sec. 4. (1) The commission shall maintain a program of services to assist persons with a visual disability to overcome vocational disabilities and to obtain the maximum degree of self-support and self-care. Services provided for under this section may be furnished to clients from other agencies of this or other states for a fee which shall not be less than the actual costs of the services. (2) The commission shall: (a) Furnish diagnostic evaluation to determine the nature and scope of services to be provided. (b) Provide physical restoration to eliminate or minimize the effects of the disability. (c) Provide for special education or training in the professions, businesses, or trades under a vocational rehabilitation plan. The commission may furnish living maintenance during the period of the education or training within or without the state. (d) Provide services to blind persons in accordance with the rehabilitation act of 1973, Public Law 93-112, 29 U.S.C. 701 to 707, 709 to 718b, 720 to 750, 753 to 753a, 760 to 762, 765, 770, 771a to 777b, 777d to 777f, 780, 781 to 785, 791 to 794e, 795 to 795r, 796 to 796f-6, 796j to 796l, and 797 to 797b. (e) Establish, construct, or maintain rehabilitation centers, training centers, or workshops to teach persons with visual disabilities to prepare for and maintain trades or occupations when the training is feasible and will contribute to the efficiency or support of the persons with visual disabilities. (f) Provide teacher-counselor services and teaching of subjects which will assist persons with visual disabilities in the ease and enjoyment of daily living. (g) Place persons with visual disabilities in jobs or business enterprises in accordance with the abilities and interests of the applicant. (h) Teach persons with visual disabilities trades or occupations which may be followed in their homes and to assist them in whatever manner may seem advisable in disposing of the products of their home industries. (i) Aid individual persons with visual disabilities or groups of persons with visual disabilities to engage in gainful occupations by furnishing materials, equipment, goods, or services to them, by providing financial assistance as necessary to encourage and equip them to reach an objective established with them by the commission. (j) Provide rehabilitation services for blind persons who are senior citizens so that they may reside within a community. (k) Provide other rehabilitative goods and services as appropriate to each individual circumstance. History: 1978, Act 260, Eff. Oct. 1, 1978 ;-- Am. 1998, Act 44, Imd. Eff. Mar. 18, 1998 Compiler's Notes: For transfer of powers and duties of the commission for the blind from the family independence agency, or its director, to the department of labor and economic growth, or its director, by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011. ? 2009 Legislative Council, State of Michigan 393.355 Additional duties of commission. Sec. 5. The commission shall do all of the following: (a) Cooperate with other departments, agencies, and institutions, both public and private, in providing for the rehabilitation of blind persons, in studying problems relative to blind persons, and in establishing, developing, and providing necessary programs, facilities, and services. (b) Enter into reciprocal arrangements with other states to provide for the rehabilitation of residents of the states concerned. (c) Conduct research and compile statistics relating to the rehabilitation of blind persons. (d) Provide social adjustment, guidance, counsel, mobility training, and employment adjustment of blind persons in their home communities. (e) Provide surveys of employment opportunities for blind persons and the placement of blind persons in employment not otherwise provided for. (f) Regulate concessions reserved for operation by blind persons pursuant to this act. (g) Promulgate rules pursuant to Act No. 306 of the Public Acts of 1969, as amended, being sections 24.201 to 24.315 of the Michigan Compiled Laws, for the implementation and administration of this act. History: 1978, Act 260, Eff. Oct. 1, 1978 ;-- Am. 1982, Act 224, Imd. Eff. Sept. 14, 1982 Compiler's Notes: For transfer of powers and duties of the commission for the blind from the family independence agency, or its director, to the department of labor and economic growth, or its director, by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011. Admin Rule: R 393.101 et seq. and R 393.201 et seq. of the Michigan Administrative Code. ? 2009 Legislative Council, State of Michigan 393.356 Employment and duties of educational consultants; assistance to students with visual disabilities; liaison and program coordination. Sec. 6. (1) The commission may employ qualified educational consultants to assist public or private school teachers responsible for teaching students with visual disabilities. Educational consultants shall assist public and private school teachers by providing methods and materials for teaching students with visual disabilities. The superintendent of public instruction shall inform the commission of the schools in which students with visual disabilities are enrolled. (2) The director or a person designated by the director shall be the liaison between the commission, the schools for the blind, and the superintendent of public instruction, and shall coordinate all programs affecting blind students. History: 1978, Act 260, Eff. Oct. 1, 1978 ;-- Am. 1998, Act 44, Imd. Eff. Mar. 18, 1998 Compiler's Notes: For transfer of powers and duties of the commission for the blind from the family independence agency, or its director, to the department of labor and economic growth, or its director, by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011. ? 2009 Legislative Council, State of Michigan 393.357 Contributions or gifts; acceptance; expenditure; stipulation of donor. Sec. 7. The commission may accept contributions or gifts in cash or otherwise from persons, associations, or corporations. Contributions and gifts shall be expended as provided by law, in the same manner as moneys appropriated for implementing the purposes of this act. The donor of the gift may stipulate the manner in which the gift shall be expended within the guidelines of this act. History: 1978, Act 260, Eff. Oct. 1, 1978 Compiler's Notes: For transfer of powers and duties of the commission for the blind from the family independence agency, or its director, to the department of labor and economic growth, or its director, by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011. ? 2009 Legislative Council, State of Michigan 393.358 Powers of commission pursuant to state-federal agreements. Sec. 8. The commission, pursuant to state-federal agreements: may cooperate with the federal government in carrying out the purposes of a federal statute or regulation, not in conflict with state law, which pertains to rehabilitation of blind persons; may adopt methods of administration, not in conflict with state law, which are necessary for the proper and efficient operation of the agreements or plans for rehabilitation of blind persons; and may comply with conditions, not in conflict with state law, which are necessary to secure the full benefits of federal statute. History: 1978, Act 260, Eff. Oct. 1, 1978 Compiler's Notes: For transfer of powers and duties of the commission for the blind from the family independence agency, or its director, to the department of labor and economic growth, or its director, by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011. ? 2009 Legislative Council, State of Michigan 393.359 Concessions in state buildings or on state property; operation by blind persons; plans; location of concessions. Sec. 9. A concession in a building or on property owned or occupied by this state shall be operated by a blind person, regardless of race, creed, color, sex, marital status, or religious preference, except in cases provided for in section 10. The building division of the department of management and budget shall submit plans relative to concessions in state buildings or on state property to the commission, which shall have the final authority relative to the location of concessions. History: 1978, Act 260, Eff. Oct. 1, 1978 Compiler's Notes: For transfer of powers and duties of the commission for the blind from the family independence agency, or its director, to the department of labor and economic growth, or its director, by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011. ? 2009 Legislative Council, State of Michigan 393.360 Act inapplicable to certain concessions; sighted person operating concession under contract or lease, or operating concession not applied for by blind person. Sec. 10. (1) This act shall not apply to a concession operated in connection with the state fair, with the use of state fairgrounds, with a state educational institution, state penal institution, military establishment, armory, or state park. (2) A sighted person operating a concession under contract or lease at the time this act becomes effective shall not be required to surrender the rights before the contract or lease expires. (3) A sighted person operating a concession which has not been applied for by a blind person may be permitted to continue in charge until the concession is applied for and a qualified blind person is chosen to operate the concession. History: 1978, Act 260, Eff. Oct. 1, 1978 Compiler's Notes: For transfer of powers and duties of the commission for the blind from the family independence agency, or its director, to the department of labor and economic growth, or its director, by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011. ? 2009 Legislative Council, State of Michigan 393.361 Concessions; qualifications of applicant; limitation on number. Sec. 11. The qualifications of an applicant to operate a concession shall be determined according to qualifications established by the commission. A blind person shall not operate more than 1 concession. History: 1978, Act 260, Eff. Oct. 1, 1978 Compiler's Notes: For transfer of powers and duties of the commission for the blind from the family independence agency, or its director, to the department of labor and economic growth, or its director, by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011. ? 2009 Legislative Council, State of Michigan 393.362 Contract or lease of veteran with service-connected disability not affected. Sec. 12. This act shall not be construed to affect the contract or lease of world war I, world war II, Spanish-American war, Korean conflict, or Vietnam era conflict veteran having a service-connected disability recognized by the veterans' administration of the federal government, or a renewal of that contract or lease. History: 1978, Act 260, Eff. Oct. 1, 1978 Compiler's Notes: For transfer of powers and duties of the commission for the blind from the family independence agency, or its director, to the department of labor and economic growth, or its director, by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011. ? 2009 Legislative Council, State of Michigan 393.363 Implementation of Randolph-Sheppard vending stand act. Sec. 13. The commission shall be the state agency for implementing the Randolph-Sheppard vending stand act, 20 U.S.C. 107 to 107f. History: 1978, Act 260, Eff. Oct. 1, 1978 Compiler's Notes: For transfer of powers and duties of the commission for the blind from the family independence agency, or its director, to the department of labor and economic growth, or its director, by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011. ? 2009 Legislative Council, State of Michigan 393.364 Repealed. 1984, Act 335, Eff. Oct. 1, 1985. Compiler's Notes: The repealed section pertained to identification cards for legally blind persons. ? 2009 Legislative Council, State of Michigan 393.365 Conducting business at public meeting; notice; availability of writings to public. Sec. 15. (1) The business which the commission or any committee appointed under this act may perform shall be conducted at a public meeting of the commission or committee held in compliance with Act No. 267 of the Public Acts of 1976, being sections 15.261 to 15.275 of the Michigan Compiled Laws. Public notice of the time, date, and place of the meeting shall be given in the manner required by Act No. 267 of the Public Acts of 1976. (2) A writing prepared, owned, used, in the possession of, or retained by the commission in the performance of an official function shall be made available to the public in compliance with Act No. 442 of the Public Acts of 1976, being sections 15.231 to 15.246 of the Michigan Compiled Laws. History: 1978, Act 260, Eff. Oct. 1, 1978 Compiler's Notes: For transfer of powers and duties of the commission for the blind from the family independence agency, or its director, to the department of labor and economic growth, or its director, by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011. ? 2009 Legislative Council, State of Michigan 393.366 Transfer of personnel, equipment, and unexpended appropriations; transfer of powers, duties, and functions. Sec. 16. (1) The personnel serving in and the equipment and unexpended appropriations of the office of services to the blind in the department of social services is transferred to the commission. (2) All powers, duties, and functions vested by law in the department of social services relative to the office of services to the blind are transferred to the commission. History: 1978, Act 260, Eff. Oct. 1, 1978 Compiler's Notes: For transfer of powers and duties of the commission for the blind from the family independence agency, or its director, to the department of labor and economic growth, or its director, by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011. Admin Rule: R 393.101 et seq. of the Michigan Administrative Code. ? 2009 Legislative Council, State of Michigan 393.367 Repeal of MCL 393.251 to 393.258, 393.271 to 393.276, and 393.301 to 393.303. Sec. 17. Act No. 140 of the Public Acts of 1911, being sections 393.251 to 393.258 of the Compiled Laws of 1970, Act No. 14 of the Public Acts of 1939, being sections 393.271 to 393.276 of the Compiled Laws of 1970 and Act No. 95 of the Public Acts of 1967, being sections 393.301 to 393.303 of the Compiled Laws of 1970, are repealed. History: 1978, Act 260, Eff. Oct. 1, 1978 Compiler's Notes: For transfer of powers and duties of the commission for the blind from the family independence agency, or its director, to the department of labor and economic growth, or its director, by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011. ? 2009 Legislative Council, State of Michigan 393.368 Effective date. Sec. 18. This act shall take effect October 1, 1978. History: 1978, Act 260, Eff. Oct. 1, 1978 Compiler's Notes: For transfer of powers and duties of the commission for the blind from the family independence agency, or its director, to the department of labor and economic growth, or its director, by Type II transfer, see E.R.O. No. 2003-1, compiled at MCL 445.2011. ? 2009 Legislative Council, State of Michigan 393.369 Repealed. 1983, Act 141, Imd. Eff. July 18, 1983. Compiler's Notes: The repealed section pertained to the expiration of the act. ? 2009 Legislative Council, State of Michigan Rendered 11/17/2012 22:37:48 Michigan Compiled Laws Complete Through PA 346 of 2012 ? 2012 Legislative Council, State of Michigan Courtesy of www.legislature.mi.gov -------------- next part -------------- An HTML attachment was scrubbed... URL: From suncat0 at gmail.com Tue Nov 27 01:03:32 2012 From: suncat0 at gmail.com (Joe Sontag) Date: Mon, 26 Nov 2012 20:03:32 -0500 Subject: [Vendorsmi] HB 6006, What Will You Do? Message-ID: <3FD20323EFEF45BDB59D39A95C8FA82C@Reputercat> Sorry to say it's not speculation any longer. Note the wording at the end of the first section 1 of the proposed House bill and tell me to my face that I was wrong when I said that there would be an effort to exempt the Legislature from the BEP. The Legislature is in session tomorrow, with the senate starting at 10:00 AM and the House beginning at 1:30 PM. Joe Sontag HOUSE BILL No. 6006 November 8, 2012, Introduced by Reps. Denby and Rogers and referred to the Committee on Government Operations. A bill to amend 1978 PA 260, entitled "An act to revise and codify the laws relating to blind persons and persons with a visual disability; to create a commission; to prescribe its powers and duties and those of other state agencies relative to blind persons; to provide services, education, training, and assistance to blind persons; to regulate concessions operated by blind persons; to transfer powers, duties, functions, and appropriations; and to repeal acts and parts of acts," by amending section 10 (MCL 393.360). THE PEOPLE OF THE STATE OF MICHIGAN ENACT: Sec. 10. (1) This act shall does not apply to a concession operated in connection with the state fair, with the use of state fairgrounds, with a state educational institution, state penal institution, military establishment, armory, or state park, or in a building that is operated by a house of the legislature. (2) A sighted person operating a concession under contract or lease at the time this act becomes effective shall not be on October 1, 1978 is not required to surrender the rights before the contract or lease expires. (3) A sighted person operating a concession which that has not been applied for by a blind person may be permitted to continue in charge until the concession is applied for and a qualified blind person is chosen to operate the concession. -------------- next part -------------- An HTML attachment was scrubbed... URL: From suncat0 at gmail.com Tue Nov 27 02:15:18 2012 From: suncat0 at gmail.com (Joe Sontag) Date: Mon, 26 Nov 2012 21:15:18 -0500 Subject: [Vendorsmi] Some Useful Information Relating To HB6006 Message-ID: When you contact your State Representative to express your opposition to HB6006, you may want to have these phone numbers and e-mails handy. Rep. Cynthia Denby, HB6006 Sponsor: (517) 373-8835 cindydenby at house.mi.gov Rep. William Rogers, HB6006 Co-Sponsor:(517) 373-1834 billrogers at house.mi.gov Rep. Jim Stamas, Chair, House Committee on Government Operations: (517) 373-1791 jimstamas at house.mi.gov This Bill has been refered to his Committee at the time of this writing. Let us know what kind of feedback you're getting, please! Joe Sontag -------------- next part -------------- An HTML attachment was scrubbed... URL: From markaeagle at yahoo.com Tue Nov 27 03:15:22 2012 From: markaeagle at yahoo.com (Mark Eagle) Date: Mon, 26 Nov 2012 19:15:22 -0800 (PST) Subject: [Vendorsmi] Some Useful Information Relating To HB6006 In-Reply-To: Message-ID: <1353986122.87045.YahooMailClassic@web181401.mail.ne1.yahoo.com> Joe, ? is the following, in which you refer to. ? ? HOUSE BILL No. 6006 November 8, 2012, Introduced by Reps. Denby and Rogers and referred to the Committee on Government Operations. A bill to amend 1978 PA 260, entitled "An act to revise and codify the laws relating to blind persons and persons with a visual disability; to create a commission; to prescribe its powers and duties and those of other state agencies relative to blind persons; to provide services, education, training, and assistance to blind persons; to regulate concessions operated by blind persons; to transfer powers, duties, functions, and appropriations; and to repeal acts and parts of acts," by amending section 10 (MCL 393.360). THE PEOPLE OF THE STATE OF MICHIGAN ENACT: Sec. 10. (1) This act shall does not apply to a concession operated in connection with the state fair, with the use of state fairgrounds, with a state educational institution, state penal institution, military establishment, armory, or state park, or in a building that is operated by a house of the legislature. (2) A sighted person operating a concession under contract or lease at the time this act becomes effective shall not be on ? October 1, 1978 is not required to surrender the rights before the contract or lease expires. (3) A sighted person operating a concession which that has not been applied for by a blind person may be permitted to continue in charge until the concession is applied for and a qualified blind person is chosen to operate the concession. ? --- On Mon, 11/26/12, Joe Sontag wrote: From: Joe Sontag Subject: [Vendorsmi] Some Useful Information Relating To HB6006 To: "VENDORSMI List" Date: Monday, November 26, 2012, 9:15 PM When you contact your State Representative to express your opposition to HB6006, you may want to have these phone numbers and e-mails?handy. ? Rep. Cynthia Denby, HB6006 Sponsor: (517) 373-8835 ? cindydenby at house.mi.gov ? Rep. William Rogers, HB6006 Co-Sponsor:(517) 373-1834 ? billrogers at house.mi.gov ? Rep. Jim Stamas, Chair, House Committee on Government Operations: (517) 373-1791 ? jimstamas at house.mi.gov ? ?This Bill has been refered to his Committee at the time of this writing. ? Let us know what kind of feedback you're getting, please! ? Joe Sontag -----Inline Attachment Follows----- _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/markaeagle%40yahoo.com -------------- next part -------------- An HTML attachment was scrubbed... URL: From suncat0 at gmail.com Tue Nov 27 11:51:34 2012 From: suncat0 at gmail.com (Joe Sontag) Date: Tue, 27 Nov 2012 06:51:34 -0500 Subject: [Vendorsmi] More Useful Info On HB6006 Message-ID: <53FFCBB8854E462A937FF5AD03EFA14C@Reputercat> HB6006, a Michigan House Bill that would exempt the State Legislature from the Business Enterprise Program, is currently in the House Committee on Government Operations. Attached is a list of the Committee members, with details of each member's political, professional and personal backgrounds. I suggest strongly that you read the attached file and contact each of the representatives on this committee and explain why this Bill is a bad idea. At this point, they probably have no clue what the truth is regarding BSBP/MCB and why a capable, motivated, qualified blind person has not been found for the State Plate. Call me at (517) 256-2514 or e-mail me at: suncat0 at gmail.com with any questions you may have or with information you wish to pass along. Joe Sontag -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: HB 6006 - House Government Operations Committee.doc Type: application/msword Size: 46080 bytes Desc: not available URL: From suncat0 at gmail.com Tue Nov 27 12:56:36 2012 From: suncat0 at gmail.com (Joe Sontag) Date: Tue, 27 Nov 2012 07:56:36 -0500 Subject: [Vendorsmi] Fw: [nfbmi-talk] House Bill 6006 Message-ID: ----- Original Message ----- From: "Larry Posont" To: Sent: Tuesday, November 27, 2012 0:34 Subject: [nfbmi-talk] House Bill 6006 > National Federation of the Blind of Michigan > 20812 Ann Arbor Trail > Dearborn Heights, MI 48127 > > November 26, 2012 > > Dear Michigan Federationists: > House Bill 6006 allows for the modification of Public Act 260, in > order to exempt Legislative Buildings from the Randolph Sheppard > Program. I have previously predicted the deterioration of this > program. We have to try and stop this bill. The slippery slope of > deterioration of the Business Enterprise Program is exacerbated by the > deterioration of the Business Enterprise Program Administration. If > Legislative Buildings are exempted, then other buildings will soon > follow. A good livelihood for blind citizens will be in serious > jeopardy if this bill is not eliminated! The former and current > administrations do not seem to be willing to keep the primary goal of > employment for the blind as their utmost priority. The National > Federation of the Blind of Michigan will combat the passage of this > bill with all of our ability in the Legislature! > Sincerely, > > Larry Posont, President > National Federation of the Blind of Michigan > (313) 271-3058 > Email: president.nfb.mi at gmail.com > Web page > www.nfbmi.org > > _______________________________________________ > nfbmi-talk mailing list > nfbmi-talk at nfbnet.org > http://nfbnet.org/mailman/listinfo/nfbmi-talk_nfbnet.org > To unsubscribe, change your list options or get your account info for > nfbmi-talk: > http://nfbnet.org/mailman/options/nfbmi-talk_nfbnet.org/suncat0%40gmail.com From suncat0 at gmail.com Tue Nov 27 12:57:42 2012 From: suncat0 at gmail.com (Joe Sontag) Date: Tue, 27 Nov 2012 07:57:42 -0500 Subject: [Vendorsmi] Fw: [nfbmi-talk] House Bill 6006 Message-ID: I agree with this message. ----- Original Message ----- From: "joe harcz Comcast" To: "NFB of Michigan Internet Mailing List" Sent: Tuesday, November 27, 2012 7:13 Subject: Re: [nfbmi-talk] House Bill 6006 > Another point here. The mere fact that this change is proposed means that > Ed Rodgers and indeed Mike Zimmer know darned well that these facilities > are indeed mandated facilities under PA 260. The fact that the State Plate > has not been even put on the bidline shows that they both continue to > violate existing law. > > > Moreover, there are literally hundreds of thousands of federal Vocational > Rehabilitation dollars involved in these facilities. > > What are they going to do about that? > > Where is the accountability for these expenditures over the years? > > Joe > ----- Original Message ----- > From: "Larry Posont" > To: > Sent: Tuesday, November 27, 2012 12:34 AM > Subject: [nfbmi-talk] House Bill 6006 > > >> National Federation of the Blind of Michigan >> 20812 Ann Arbor Trail >> Dearborn Heights, MI 48127 >> >> November 26, 2012 >> >> Dear Michigan Federationists: >> House Bill 6006 allows for the modification of Public Act 260, in >> order to exempt Legislative Buildings from the Randolph Sheppard >> Program. I have previously predicted the deterioration of this >> program. We have to try and stop this bill. The slippery slope of >> deterioration of the Business Enterprise Program is exacerbated by the >> deterioration of the Business Enterprise Program Administration. If >> Legislative Buildings are exempted, then other buildings will soon >> follow. A good livelihood for blind citizens will be in serious >> jeopardy if this bill is not eliminated! The former and current >> administrations do not seem to be willing to keep the primary goal of >> employment for the blind as their utmost priority. The National >> Federation of the Blind of Michigan will combat the passage of this >> bill with all of our ability in the Legislature! >> Sincerely, >> >> Larry Posont, President >> National Federation of the Blind of Michigan >> (313) 271-3058 >> Email: president.nfb.mi at gmail.com >> Web page >> www.nfbmi.org >> >> _______________________________________________ >> nfbmi-talk mailing list >> nfbmi-talk at nfbnet.org >> http://nfbnet.org/mailman/listinfo/nfbmi-talk_nfbnet.org >> To unsubscribe, change your list options or get your account info for >> nfbmi-talk: >> http://nfbnet.org/mailman/options/nfbmi-talk_nfbnet.org/joeharcz%40comcast.net > > > _______________________________________________ > nfbmi-talk mailing list > nfbmi-talk at nfbnet.org > http://nfbnet.org/mailman/listinfo/nfbmi-talk_nfbnet.org > To unsubscribe, change your list options or get your account info for > nfbmi-talk: > http://nfbnet.org/mailman/options/nfbmi-talk_nfbnet.org/suncat0%40gmail.com From terrydeagle at yahoo.com Tue Nov 27 16:41:37 2012 From: terrydeagle at yahoo.com (Terry Eagle) Date: Tue, 27 Nov 2012 11:41:37 -0500 Subject: [Vendorsmi] Fw: [nfbmi-talk] House Bill 6006 In-Reply-To: References: Message-ID: <4AEA3A63C4EA4FEF9BECDEB447DB9D49@TerryPC> It is clear this legislation attempt is from Mike Zimmer and Ed Rodgers, as the co-sponsor is Vice-Chair of the House Appropriations Subcommittee for LARA, as well as Ed Rodgers previous comments about the legislature and the status of the Anderson Building Cafeteria. Zimmer and Rodgers' fingerprints are all over this legislation! All they want is WELFARE for the BLIND, instead of WORK for the BLIND! They have and are still proving this point, with sighted persons running BEP facilities, including the significant other of the alleged Chair of the Elected Operators' Committee. The actions speak louder than words. You decide. Does anyone in leadership for the blind care about WORK, not welfare for the BLIND, and the continuance of the Business Enterprise Program? If the program is to survive and thrive, it is and will be up to the National Federation of the Blind to save it and grow the BEP. This attempt is classic BS4BP. -----Original Message----- From: Vendorsmi [mailto:vendorsmi-bounces at nfbnet.org] On Behalf Of Joe Sontag Sent: Tuesday, November 27, 2012 7:58 AM To: VENDORSMI List Subject: [Vendorsmi] Fw: [nfbmi-talk] House Bill 6006 I agree with this message. ----- Original Message ----- From: "joe harcz Comcast" To: "NFB of Michigan Internet Mailing List" Sent: Tuesday, November 27, 2012 7:13 Subject: Re: [nfbmi-talk] House Bill 6006 > Another point here. The mere fact that this change is proposed means that > Ed Rodgers and indeed Mike Zimmer know darned well that these facilities > are indeed mandated facilities under PA 260. The fact that the State Plate > has not been even put on the bidline shows that they both continue to > violate existing law. > > > Moreover, there are literally hundreds of thousands of federal Vocational > Rehabilitation dollars involved in these facilities. > > What are they going to do about that? > > Where is the accountability for these expenditures over the years? > > Joe > ----- Original Message ----- > From: "Larry Posont" > To: > Sent: Tuesday, November 27, 2012 12:34 AM > Subject: [nfbmi-talk] House Bill 6006 > > >> National Federation of the Blind of Michigan >> 20812 Ann Arbor Trail >> Dearborn Heights, MI 48127 >> >> November 26, 2012 >> >> Dear Michigan Federationists: >> House Bill 6006 allows for the modification of Public Act 260, in >> order to exempt Legislative Buildings from the Randolph Sheppard >> Program. I have previously predicted the deterioration of this >> program. We have to try and stop this bill. The slippery slope of >> deterioration of the Business Enterprise Program is exacerbated by the >> deterioration of the Business Enterprise Program Administration. If >> Legislative Buildings are exempted, then other buildings will soon >> follow. A good livelihood for blind citizens will be in serious >> jeopardy if this bill is not eliminated! The former and current >> administrations do not seem to be willing to keep the primary goal of >> employment for the blind as their utmost priority. The National >> Federation of the Blind of Michigan will combat the passage of this >> bill with all of our ability in the Legislature! >> Sincerely, >> >> Larry Posont, President >> National Federation of the Blind of Michigan >> (313) 271-3058 >> Email: president.nfb.mi at gmail.com >> Web page >> www.nfbmi.org >> >> _______________________________________________ >> nfbmi-talk mailing list >> nfbmi-talk at nfbnet.org >> http://nfbnet.org/mailman/listinfo/nfbmi-talk_nfbnet.org >> To unsubscribe, change your list options or get your account info for >> nfbmi-talk: >> http://nfbnet.org/mailman/options/nfbmi-talk_nfbnet.org/joeharcz%40comcast.n et > > > _______________________________________________ > nfbmi-talk mailing list > nfbmi-talk at nfbnet.org > http://nfbnet.org/mailman/listinfo/nfbmi-talk_nfbnet.org > To unsubscribe, change your list options or get your account info for > nfbmi-talk: > http://nfbnet.org/mailman/options/nfbmi-talk_nfbnet.org/suncat0%40gmail.com _______________________________________________ Vendorsmi mailing list Vendorsmi at nfbnet.org http://nfbnet.org/mailman/listinfo/vendorsmi_nfbnet.org To unsubscribe, change your list options or get your account info for Vendorsmi: http://nfbnet.org/mailman/options/vendorsmi_nfbnet.org/terrydeagle%40yahoo.c om From suncat0 at gmail.com Wed Nov 28 01:47:26 2012 From: suncat0 at gmail.com (Joe Sontag) Date: Tue, 27 Nov 2012 20:47:26 -0500 Subject: [Vendorsmi] BEP Audit and Article Message-ID: <9C73CF85E8AE488EAC46EC64B5216474@Reputercat> Here is the long-awaited report from the Office of the Auditor General on the Business Enterprise Program, in PDF and TXT formats. You may find the article shown below from mlive.com of interest as well. Joe Sontag >From mlive.com. Mark Rothenhauser, 55, operates the snack bar at the state Capitol. He's been participating in the state's Business Enterprise Program for people who are blind and visually impaired for six years. Melissa Anders | MLive LANSING, MI - The state did not properly manage a program that helps blind people run vending facilities in government buildings, according to an audit report that estimates the program improperly spent about a quarter million dollars. A report released Tuesday by Michigan's Auditor General found that the Michigan Commission for the Blind did not effectively monitor the finances, contracting and inventory for its Business Enterprise Program. The program offers licenses to blind and visually impaired people to operate vending machines, cafeterias, snack bars, carts and other food services in state and federal buildings, highway rest stops and visitor centers. The audit generally covered Oct. 2008 through July 2011, when the program was still managed by the Michigan Commission for the Blind. The Department of Licensing and Regulatory Affairs (LARA) realized there were several issues with the vending program and requested the audit. Gov. Rick Snyder responded to broader issues surrounding the Commission for the Blind with an executive order that replaced the commission with the Bureau of Services for Blind Persons in October. Ed Rodgers took over as director of the bureau last month with the mandate to make improvements. "While there's issues and problems we need to correct, the public needs to be reassured that this administration is not wasting taxpayers' dollars and that we are running an effective and efficient program," Rodgers said. "We're doing what we're supposed to be doing." The Business Enterprise Program had eight staff members and more than 80 licensees who operated about 400 sites throughout the state as of July 2011. Operators give 10 percent of their profits to the commission to pay for expenses such as new equipment and retirement funds. "The public needs to be reassured that this administration is not wasting taxpayers' dollars." - Ed Rodgers The audit estimates that the commission improperly spent $254,000 in operator fees from Oct. 2008 through July 2011 on miscellaneous program expenses that were not in accordance with state code. The commission also did not effectively confirm operators' monthly sales reports, meaning the state couldn't make sure that it properly calculated and paid retirement contributions, pension payments and operator fees, the audit found. Even though the vendors are independent contractors, the program pays out such benefits. That finding didn't surprise Mark Rothenhauser, who operates the snack bar at the state Capitol. He sells pizza slices, popcorn, soda and other snacks from a small shop located on the ground level of the building. "An operator can basically pull a number out of the air and report that as sales," he said. "There's not a mechanism in place to authenticate what the operator reports as sales is actually their sales. So if you go with that, you don't know if they're paying the correct set-aside fee." Rodgers said he set aside $150,000 to create a new data program for the entire bureau that will keep better track of vending sales and net income. It should be in place early next year. Other audit findings dealt with deficiencies in monitoring equipment inventory, contracts and operator assistance. The bureau is completing an inventory of its equipment, such as coolers and microwaves, and is setting up performance measures for staff members who assist operators. -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- An embedded and charset-unspecified text was scrubbed... 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