Rep. Sara Feigenholtz

Filed: 3/27/2008

 

 


 

 


 
09500HB4571ham002 LRB095 14727 RLC 48404 a

1
AMENDMENT TO HOUSE BILL 4571

2     AMENDMENT NO. ______. Amend House Bill 4571, AS AMENDED,
3 with reference to page and line numbers of House Amendment No.
4 1, on page 2, by inserting immediately below line 5 the
5 following:
6     "Notwithstanding any other rulemaking authority that may
7 exist, neither the Governor nor any agency or agency head under
8 the jurisdiction of the Governor has any authority to make or
9 promulgate rules to implement or enforce the provisions of this
10 amendatory Act of the 95th General Assembly. If, however, the
11 Governor believes that rules are necessary to implement or
12 enforce the provisions of this amendatory Act of the 95th
13 General Assembly, the Governor may suggest rules to the General
14 Assembly by filing them with the Clerk of the House and the
15 Secretary of the Senate and by requesting that the General
16 Assembly authorize such rulemaking by law, enact those
17 suggested rules into law, or take any other appropriate action
18 in the General Assembly's discretion. Nothing contained in this

 

 

09500HB4571ham002 - 2 - LRB095 14727 RLC 48404 a

1 amendatory Act of the 95th General Assembly shall be
2 interpreted to grant rulemaking authority under any other
3 Illinois statute where such authority is not otherwise
4 explicitly given. For the purposes of this Section, "rules" is
5 given the meaning contained in Section 1-70 of the Illinois
6 Administrative Procedure Act, and "agency" and "agency head"
7 are given the meanings contained in Sections 1-20 and 1-25 of
8 the Illinois Administrative Procedure Act to the extent that
9 such definitions apply to agencies or agency heads under the
10 jurisdiction of the Governor."; and
 
11 on page 3, by inserting immediately below line 7 the following:
12     "Notwithstanding any other rulemaking authority that may
13 exist, neither the Governor nor any agency or agency head under
14 the jurisdiction of the Governor has any authority to make or
15 promulgate rules to implement or enforce the provisions of this
16 amendatory Act of the 95th General Assembly. If, however, the
17 Governor believes that rules are necessary to implement or
18 enforce the provisions of this amendatory Act of the 95th
19 General Assembly, the Governor may suggest rules to the General
20 Assembly by filing them with the Clerk of the House and the
21 Secretary of the Senate and by requesting that the General
22 Assembly authorize such rulemaking by law, enact those
23 suggested rules into law, or take any other appropriate action
24 in the General Assembly's discretion. Nothing contained in this
25 amendatory Act of the 95th General Assembly shall be

 

 

09500HB4571ham002 - 3 - LRB095 14727 RLC 48404 a

1 interpreted to grant rulemaking authority under any other
2 Illinois statute where such authority is not otherwise
3 explicitly given. For the purposes of this Section, "rules" is
4 given the meaning contained in Section 1-70 of the Illinois
5 Administrative Procedure Act, and "agency" and "agency head"
6 are given the meanings contained in Sections 1-20 and 1-25 of
7 the Illinois Administrative Procedure Act to the extent that
8 such definitions apply to agencies or agency heads under the
9 jurisdiction of the Governor."; and
 
10 on page 8, by inserting immediately below line 1 the following:
11     "(j) Notwithstanding any other rulemaking authority that
12 may exist, neither the Governor nor any agency or agency head
13 under the jurisdiction of the Governor has any authority to
14 make or promulgate rules to implement or enforce the provisions
15 of this amendatory Act of the 95th General Assembly. If,
16 however, the Governor believes that rules are necessary to
17 implement or enforce the provisions of this amendatory Act of
18 the 95th General Assembly, the Governor may suggest rules to
19 the General Assembly by filing them with the Clerk of the House
20 and the Secretary of the Senate and by requesting that the
21 General Assembly authorize such rulemaking by law, enact those
22 suggested rules into law, or take any other appropriate action
23 in the General Assembly's discretion. Nothing contained in this
24 amendatory Act of the 95th General Assembly shall be
25 interpreted to grant rulemaking authority under any other

 

 

09500HB4571ham002 - 4 - LRB095 14727 RLC 48404 a

1 Illinois statute where such authority is not otherwise
2 explicitly given. For the purposes of this Section, "rules" is
3 given the meaning contained in Section 1-70 of the Illinois
4 Administrative Procedure Act, and "agency" and "agency head"
5 are given the meanings contained in Sections 1-20 and 1-25 of
6 the Illinois Administrative Procedure Act to the extent that
7 such definitions apply to agencies or agency heads under the
8 jurisdiction of the Governor."; and
 
9 on page 21, by inserting immediately below line 3 the
10 following:
11     "(r) Notwithstanding any other rulemaking authority that
12 may exist, neither the Governor nor any agency or agency head
13 under the jurisdiction of the Governor has any authority to
14 make or promulgate rules to implement or enforce the provisions
15 of this amendatory Act of the 95th General Assembly. If,
16 however, the Governor believes that rules are necessary to
17 implement or enforce the provisions of this amendatory Act of
18 the 95th General Assembly, the Governor may suggest rules to
19 the General Assembly by filing them with the Clerk of the House
20 and the Secretary of the Senate and by requesting that the
21 General Assembly authorize such rulemaking by law, enact those
22 suggested rules into law, or take any other appropriate action
23 in the General Assembly's discretion. Nothing contained in this
24 amendatory Act of the 95th General Assembly shall be
25 interpreted to grant rulemaking authority under any other

 

 

09500HB4571ham002 - 5 - LRB095 14727 RLC 48404 a

1 Illinois statute where such authority is not otherwise
2 explicitly given. For the purposes of this Section, "rules" is
3 given the meaning contained in Section 1-70 of the Illinois
4 Administrative Procedure Act, and "agency" and "agency head"
5 are given the meanings contained in Sections 1-20 and 1-25 of
6 the Illinois Administrative Procedure Act to the extent that
7 such definitions apply to agencies or agency heads under the
8 jurisdiction of the Governor.".