State Government Administration Committee

Filed: 3/5/2008

 

 


 

 


 
09500HB5115ham001 LRB095 17221 NHT 47434 a

1
AMENDMENT TO HOUSE BILL 5115

2     AMENDMENT NO. ______. Amend House Bill 5115 on page 4, by
3 replacing lines 10 through 22 with the following:
 
4     "(105 ILCS 60/500)
5     Sec. 500. Rules. The State Board of Education may adopt any
6 rules that are necessary to implement and administer this Act
7 as it exists before the effective date of this amendatory Act
8 of the 95th General Assembly. Notwithstanding any other
9 rulemaking authority that may exist, neither the Governor or
10 Lieutenant Governor nor any agency or agency head under the
11 jurisdiction of the Governor or Lieutenant Governor has any
12 authority to make or promulgate rules to implement or enforce
13 the provisions of this amendatory Act of the 95th General
14 Assembly. If, however, the Governor or Lieutenant Governor
15 believes that rules are necessary to implement or enforce the
16 provisions of this amendatory Act of the 95th General Assembly,
17 the Governor or Lieutenant Governor may suggest rules to the

 

 

09500HB5115ham001 - 2 - LRB095 17221 NHT 47434 a

1 General Assembly by filing them with the Clerk of the House and
2 the Secretary of the Senate and by requesting that the General
3 Assembly authorize such rulemaking by law, enact those
4 suggested rules into law, or take any other appropriate action
5 in the General Assembly's discretion. Nothing contained in this
6 amendatory Act of the 95th General Assembly shall be
7 interpreted to grant rulemaking authority under any other
8 Illinois statute where such authority is not otherwise
9 explicitly given. For the purposes of this amendatory Act of
10 the 95th General Assembly, "rules" is given the meaning
11 contained in Section 1-70 of the Illinois Administrative
12 Procedure Act, and "agency" and "agency head" are given the
13 meanings contained in Sections 1-20 and 1-25 of the Illinois
14 Administrative Procedure Act to the extent that such
15 definitions apply to agencies or agency heads under the
16 jurisdiction of the Governor or Lieutenant Governor.
17 (Source: P.A. 94-904, eff. 6-22-06.)".