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91_SB1359enr SB1359 Enrolled LRB9111040WHmb 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, SB1359 Enrolled -2- LRB9111040WHmb 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 SB1359 Enrolled -3- LRB9111040WHmb 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) SB1359 Enrolled -4- LRB9111040WHmb 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. SB1359 Enrolled -5- LRB9111040WHmb 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.