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Public Act 91-0691
SB1359 Enrolled LRB9111040WHmb
AN ACT to re-enact the amendatory changes to the WIC
Vendor Management Act made by Public Act 88-680.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Purpose.
(1) The General Assembly finds and declares that:
(i) Article 50 of Public Act 88-680, effective
January 1, 1995, amended the WIC Vendor Management Act.
Article 50 also contained other provisions.
(ii) In addition, Public Act 88-680 was entitled
"AN ACT to create a Safe Neighborhoods Law". (A) Article
5 was entitled JUVENILE JUSTICE and amended the Juvenile
Court Act of 1987. (B) Article 15 was entitled GANGS and
amended various provisions of the Criminal Code of 1961
and the Unified Code of Corrections. (C) Article 20 was
entitled ALCOHOL ABUSE and amended various provisions of
the Illinois Vehicle Code. (D) Article 25 was entitled
DRUG ABUSE and amended the Cannabis Control Act and the
Illinois Controlled Substances Act. (E) Article 30 was
entitled FIREARMS and amended the Criminal Code of 1961
and the Code of Criminal Procedure of 1963. (F) Article
35 amended the Criminal Code of 1961, the Rights of Crime
Victims and Witnesses Act, and the Unified Code of
Corrections. (G) Article 40 amended the Criminal Code of
1961 to increase the penalty for compelling organization
membership of persons. (H) Article 45 created the Secure
Residential Youth Care Facility Licensing Act and amended
the State Finance Act, the Juvenile Court Act of 1987,
the Unified Code of Corrections, and the Private
Correctional Facility Moratorium Act. (I) Article 50
amended the WIC Vendor Management Act, the Firearm Owners
Identification Card Act, the Juvenile Court Act of 1987,
the Criminal Code of 1961, the Wrongs to Children Act,
and the Unified Code of Corrections.
(iii) On December 2, 1999, the Illinois Supreme
Court, in People v. Cervantes, Docket No. 87229, ruled
that Public Act 88-680 violates the single subject clause
of the Illinois Constitution (Article IV, Section 8 (d))
and was unconstitutional in its entirety.
(iv) The issues addressed by the amendatory changes
to the WIC Vendor Management Act made by Public Act
88-680 are of vital concern to the people of this State.
(2) It is the purpose of this Act to re-enact the
amendatory changes to the WIC Vendor Management Act made by
Public Act 88-680. This re-enactment is intended to remove
any question as to the validity or content of those
provisions.
(3) This Act re-enacts the amendatory changes to the WIC
Vendor Management Act made by Public Act 88-680; it is not
intended to supersede any other Public Act that amends the
text of the Sections as set forth in this Act. The material
is shown as existing text (i.e., without underscoring).
(4) Section 8.1 has been added to the WIC Vendor
Management Act in order to validate actions taken and
expenditures made in reliance on provisions included in
Public Act 88-680.
Section 5. The WIC Vendor Management Act is amended by
re-enacting Sections 6, 7, and 8 and adding Section 8.1 as
follows:
(410 ILCS 255/6) (from Ch. 111 1/2, par. 7556)
Sec. 6. Vendor compliance with law.
(a) The Department shall develop a system for monitoring
the operations of all WIC retail food vendors to ensure
compliance with federal and State laws and rules governing
the WIC program.
(b) The Department shall review the alleged violations
of the federal and State laws and the rules promulgated
thereunder.
(c) The Department shall develop, by rule, a system of
monetary penalties and other sanctions for any vendor, former
vendor, individual, firm, corporation, partnership, sole
proprietorship, association, commercial enterprise, business
entity, or legal entity determined to be in violation of this
Act or program regulations. The level and severity of the
sanctions shall be consistent with the type and frequency of
violations, and may include, but shall not be limited to,
suspension or termination from the program as well as
monetary penalties.
(Source: P.A. 88-680, eff. 1-1-95.)
(410 ILCS 255/7) (from Ch. 111 1/2, par. 7557)
Sec. 7. USDA Women, Infants and Children Fund.
(a) The moneys received by the Department as training
fees or monetary penalties under this Act shall be deposited
into the USDA Women, Infants and Children Fund.
(b) (Blank)
(c) Upon the completion of any audit of the Department
as prescribed by the Illinois State Auditing Act, which audit
includes an audit of the USDA Women, Infants and Children
Fund, the Department shall make a copy of the audit open to
inspection by any interested person, which copy shall be
submitted to the Department by the Auditor General, in
addition to the copies of audit reports required to be
submitted to other State officers and agencies by Section
3-14 of the Illinois State Auditing Act.
(Source: P.A. 88-680, eff. 1-1-95.)
(410 ILCS 255/8) (from Ch. 111 1/2, par. 7558)
Sec. 8. Rules.
(a) The Department shall promulgate such rules as it
deems necessary to carry out its responsibilities under this
Act and under relevant federal laws and regulations. Such
rules shall include provisions governing the administrative
appeal process for any vendor, former vendor, individual,
firm, corporation, partnership, sole proprietorship,
association, commercial enterprise, business entity, or legal
entity that accepts Food Instruments or receives credit or
payment for Food Instruments and that is subject to sanctions
for violations of this Act or the rules promulgated
thereunder. If there is a conflict between the provisions
relating to penalties and the conduct of administrative
hearings under this Act and federal law, the provisions of
federal law shall prevail.
(b) The provisions of the Illinois Administrative
Procedure Act are hereby expressly adopted and shall apply to
all administrative rules and procedures of the Department
under this Act, except that in case of conflict between the
Illinois Administrative Procedure Act and this Act the
provisions of this Act shall control, and except that Section
5-35 of the Illinois Administrative Procedure Act relating to
procedures for rule-making does not apply to the adoption of
any rule required by federal law in connection with which the
Department is precluded by law from exercising any
discretion.
(Source: P.A. 88-45; 88-680, eff. 1-1-95.)
(410 ILCS 255/8.1 new)
Sec. 8.1. Validation. All otherwise lawful actions
taken and expenditures made before the effective date of this
amendatory Act of the 91st General Assembly in reliance on
the provisions of this Act included in Public Act 88-680 are
hereby validated.
Section 95. Severability. The provisions of this Act
are severable under Section 1.31 of the Statute on Statutes.
Section 99. Effective date. This Act takes effect upon
becoming law.
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