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91_SB1359
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1 AN ACT to re-enact the amendatory changes to the WIC
2 Vendor Management Act made by Public Act 88-680.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. Purpose.
6 (1) The General Assembly finds and declares that:
7 (i) Article 50 of Public Act 88-680, effective
8 January 1, 1995, amended the WIC Vendor Management Act.
9 Article 50 also contained other provisions.
10 (ii) In addition, Public Act 88-680 was entitled
11 "AN ACT to create a Safe Neighborhoods Law". (A) Article
12 5 was entitled JUVENILE JUSTICE and amended the Juvenile
13 Court Act of 1987. (B) Article 15 was entitled GANGS and
14 amended various provisions of the Criminal Code of 1961
15 and the Unified Code of Corrections. (C) Article 20 was
16 entitled ALCOHOL ABUSE and amended various provisions of
17 the Illinois Vehicle Code. (D) Article 25 was entitled
18 DRUG ABUSE and amended the Cannabis Control Act and the
19 Illinois Controlled Substances Act. (E) Article 30 was
20 entitled FIREARMS and amended the Criminal Code of 1961
21 and the Code of Criminal Procedure of 1963. (F) Article
22 35 amended the Criminal Code of 1961, the Rights of Crime
23 Victims and Witnesses Act, and the Unified Code of
24 Corrections. (G) Article 40 amended the Criminal Code of
25 1961 to increase the penalty for compelling organization
26 membership of persons. (H) Article 45 created the Secure
27 Residential Youth Care Facility Licensing Act and amended
28 the State Finance Act, the Juvenile Court Act of 1987,
29 the Unified Code of Corrections, and the Private
30 Correctional Facility Moratorium Act. (I) Article 50
31 amended the WIC Vendor Management Act, the Firearm Owners
32 Identification Card Act, the Juvenile Court Act of 1987,
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1 the Criminal Code of 1961, the Wrongs to Children Act,
2 and the Unified Code of Corrections.
3 (iii) On December 2, 1999, the Illinois Supreme
4 Court, in People v. Cervantes, Docket No. 87229, ruled
5 that Public Act 88-680 violates the single subject clause
6 of the Illinois Constitution (Article IV, Section 8 (d))
7 and was unconstitutional in its entirety.
8 (iv) The issues addressed by the amendatory changes
9 to the WIC Vendor Management Act made by Public Act
10 88-680 are of vital concern to the people of this State.
11 (2) It is the purpose of this Act to re-enact the
12 amendatory changes to the WIC Vendor Management Act made by
13 Public Act 88-680. This re-enactment is intended to remove
14 any question as to the validity or content of those
15 provisions.
16 (3) This Act re-enacts the amendatory changes to the WIC
17 Vendor Management Act made by Public Act 88-680; it is not
18 intended to supersede any other Public Act that amends the
19 text of the Sections as set forth in this Act. The material
20 is shown as existing text (i.e., without underscoring).
21 (4) Section 8.1 has been added to the WIC Vendor
22 Management Act in order to validate actions taken and
23 expenditures made in reliance on provisions included in
24 Public Act 88-680.
25 Section 5. The WIC Vendor Management Act is amended by
26 re-enacting Sections 6, 7, and 8 and adding Section 8.1 as
27 follows:
28 (410 ILCS 255/6) (from Ch. 111 1/2, par. 7556)
29 Sec. 6. Vendor compliance with law.
30 (a) The Department shall develop a system for monitoring
31 the operations of all WIC retail food vendors to ensure
32 compliance with federal and State laws and rules governing
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1 the WIC program.
2 (b) The Department shall review the alleged violations
3 of the federal and State laws and the rules promulgated
4 thereunder.
5 (c) The Department shall develop, by rule, a system of
6 monetary penalties and other sanctions for any vendor, former
7 vendor, individual, firm, corporation, partnership, sole
8 proprietorship, association, commercial enterprise, business
9 entity, or legal entity determined to be in violation of this
10 Act or program regulations. The level and severity of the
11 sanctions shall be consistent with the type and frequency of
12 violations, and may include, but shall not be limited to,
13 suspension or termination from the program as well as
14 monetary penalties.
15 (Source: P.A. 88-680, eff. 1-1-95.)
16 (410 ILCS 255/7) (from Ch. 111 1/2, par. 7557)
17 Sec. 7. USDA Women, Infants and Children Fund.
18 (a) The moneys received by the Department as training
19 fees or monetary penalties under this Act shall be deposited
20 into the USDA Women, Infants and Children Fund.
21 (b) (Blank)
22 (c) Upon the completion of any audit of the Department
23 as prescribed by the Illinois State Auditing Act, which audit
24 includes an audit of the USDA Women, Infants and Children
25 Fund, the Department shall make a copy of the audit open to
26 inspection by any interested person, which copy shall be
27 submitted to the Department by the Auditor General, in
28 addition to the copies of audit reports required to be
29 submitted to other State officers and agencies by Section
30 3-14 of the Illinois State Auditing Act.
31 (Source: P.A. 88-680, eff. 1-1-95.)
32 (410 ILCS 255/8) (from Ch. 111 1/2, par. 7558)
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1 Sec. 8. Rules.
2 (a) The Department shall promulgate such rules as it
3 deems necessary to carry out its responsibilities under this
4 Act and under relevant federal laws and regulations. Such
5 rules shall include provisions governing the administrative
6 appeal process for any vendor, former vendor, individual,
7 firm, corporation, partnership, sole proprietorship,
8 association, commercial enterprise, business entity, or legal
9 entity that accepts Food Instruments or receives credit or
10 payment for Food Instruments and that is subject to sanctions
11 for violations of this Act or the rules promulgated
12 thereunder. If there is a conflict between the provisions
13 relating to penalties and the conduct of administrative
14 hearings under this Act and federal law, the provisions of
15 federal law shall prevail.
16 (b) The provisions of the Illinois Administrative
17 Procedure Act are hereby expressly adopted and shall apply to
18 all administrative rules and procedures of the Department
19 under this Act, except that in case of conflict between the
20 Illinois Administrative Procedure Act and this Act the
21 provisions of this Act shall control, and except that Section
22 5-35 of the Illinois Administrative Procedure Act relating to
23 procedures for rule-making does not apply to the adoption of
24 any rule required by federal law in connection with which the
25 Department is precluded by law from exercising any
26 discretion.
27 (Source: P.A. 88-45; 88-680, eff. 1-1-95.)
28 (410 ILCS 255/8.1 new)
29 Sec. 8.1. Validation. All otherwise lawful actions
30 taken and expenditures made before the effective date of this
31 amendatory Act of the 91st General Assembly in reliance on
32 the provisions of this Act included in Public Act 88-680 are
33 hereby validated.
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1 Section 95. Severability. The provisions of this Act
2 are severable under Section 1.31 of the Statute on Statutes.
3 Section 99. Effective date. This Act takes effect upon
4 becoming law.