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HB 2788

Establishing the business enterprise program oversight task force to review state administration of priority placement for blind vendors on state property, allowing audits on the administration of such program, abolishing the vending facilities account outside the state treasury, establishing the business enterprise program fund in the Kansas department for children and families in the state treasury and transferring moneys from the vending facilities account to the business enterprise program fund.

2025-2026 Regular Session

Creates a dedicated oversight and reform framework for Kansas’ BEP for blind vendors, including a Task Force, audits, renamed committees, and fund transfers to increase transparenc

Died in Senate Committee
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Bill Summary · HB 2788

Purpose and intent

  • HB 2788 establishes a dedicated oversight mechanism for Kansas’s Business Enterprise Program (BEP) for blind individuals, operated by the Department for Children and Families (DCF) under federal Randolph-Sheppard provisions.
  • The bill creates a Task Force to study, discuss, and make recommendations on the BEP’s administration, accountability, and integrity; renames the BEP and the existing vending facilities advisory framework; and restructures funding and oversight to improve transparency and compliance with state and federal law.
  • It also renames the existing Vending Facilities Advisory Committee to the Committee of Blind Vendors and sets new governance and election procedures for that body.

Key provisions and changes

  • Establishment of the Business Enterprise Program Oversight Task Force (the Task Force):

    • Purpose: study and recommend improvements to BEP administration, accountability, and integrity.
    • Topics for study include statutes, rules, policies, vendor recruitment, training, set-aside funds, financial reporting, complaints and misconduct, accounting, compliance with law, and governance structure.
    • Membership (nine members total):
    • 1 appointed by the Speaker of the House
    • 2 members who are current/former licensed blind vendors (appointed by House Majority Leader and House Minority Leader, respectively)
    • 2 members appointed by the Senate (President and Senate Minority Leader; with one of these being a current/former licensed blind vendor chosen by the Senate Majority Leader)
    • 1 member appointed by the Governor
    • 2 ex officio nonvoting members: the Secretary for Children and Families (or designee) and an appointee of the American Council of the Blind
    • Chairperson: appointed by the Speaker
    • Term: through June 30, 2028 (subject to extension)
    • Meetings and quorum: meetings can be held statewide; quorum is four members
    • Compensation: members may receive per diem, mileage, and subsistence as allowed by statute, paid from the state operations account; remote participation allowed but without compensation
    • Support: assistance from DCF staff, LRA, LRC, and LPA as requested
    • Reporting: requires a report to the Legislature by July 1, 2027
    • Audits: subject to Legislative Post Audit (LPA) involvement; the Task Force may request LPAs to conduct audits
    • Sunset: provisions expire June 30, 2028 unless extended by Legislative Coordinating Council (LCC)

  • Audits (subject to LPA):

    • Fiscal audit: BEP revenues, earnings, expenditures, and set-aside funds; accuracy, reporting, and use compliance with state/federal law; may include site sampling and vendor benefits evaluation
    • Performance audit: BEP services, compliance with law; may include training, support services, equipment assistance, fair distribution, vendor access, placement, and grievance processes
    • Timing: audits requested by July 1, 2027; if approved, reported to LPA and then to Task Force by June 30, 2028

  • Renaming and governance changes:

    • The BEP is explicitly named as the “Business Enterprise Program” for blind individuals of the DCF
    • The vending facilities account outside the state treasury is to be abolished; funds will be moved to a new BEP fund in the state treasury
    • The vending facilities advisory committee is renamed to the Committee of Blind Vendors
    • The Committee must establish a formal method for electing its members; elections must use a secret ballot, with a neutral observer provided by the Secretary to ensure fair elections; changes to the method require a majority vote of the Committee

  • Financial and treasury changes:

    • Creation of the Business Enterprise Program Fund in the state treasury
    • Abolition of the vending facilities account outside the state treasury
    • On July 1, 2027, the Secretary must certify the amount in the outside-treasury account; by July 30, 2027, funds are transferred to the BEP Fund in the state treasury; certification and transfer are to be documented to the budget director and LRD

Who is affected

  • Blind or visually impaired individuals licensed to operate BEP vending facilities in Kansas
  • Licensed blind vendors and the organizations representing them (e.g., the Committee of Blind Vendors)
  • Kansas Department for Children and Families (DCF) and its Division of Services for the Blind
  • State agencies overseeing state property where BEP vending facilities operate
  • Legislative Post Audit (LPA) and related oversight bodies
  • The American Council of the Blind (nonvoting ex officio member)
  • General public and BEP stakeholders due to increased transparency and potential changes in fund management

Procedural and timeline aspects

  • Effective date: act takes effect after publication
  • Key deadlines:
    • July 1, 2027: Task Force must submit findings/recommendations; LPA audits may be initiated upon task force request
    • July 30, 2027: transfer of funds from the outside-treasury vending facilities account to the BEP Fund in the state treasury
    • June 30, 2028: Task Force sunset, unless extended by LCC
  • Extensions: Task Force can be extended for one-year increments by majority vote of the LCC
  • Reporting: Task Force to report to Legislature by July 1, 2027
  • Elections: Committee of Blind Vendors must adopt a secret-ballot election method and have a neutral observer appointed by the Secretary to oversee biennial elections

Note: The bill includes technical conforming changes, renaming, and related amendments to sections governing BEP and related committees.

Compiled from official sources — confirm details with the bill’s official record.

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