State of Illinois
91st General Assembly
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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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