HB5115ham001 95TH GENERAL ASSEMBLY

State Government Administration Committee

Filed: 3/5/2008

09500HB5115ham001 LRB095 17221 NHT 47434 a

AMENDMENT TO HOUSE BILL 5115

AMENDMENT NO. ______. Amend House Bill 5115 on page 4, by replacing lines 10 through 22 with the following:

"(105 ILCS 60/500)

Sec. 500. Rules. The State Board of Education may adopt any rules that are necessary to implement and administer this Act as it exists before the effective date of this amendatory Act of the 95th General Assembly. Notwithstanding any other rulemaking authority that may exist, neither the Governor or Lieutenant Governor nor any agency or agency head under the jurisdiction of the Governor or Lieutenant Governor has any authority to make or promulgate rules to implement or enforce the provisions of this amendatory Act of the 95th General Assembly. If, however, the Governor or Lieutenant Governor believes that rules are necessary to implement or enforce the provisions of this amendatory Act of the 95th General Assembly, the Governor or Lieutenant Governor may suggest rules to the General Assembly by filing them with the Clerk of the House and the Secretary of the Senate and by requesting that the General Assembly authorize such rulemaking by law, enact those suggested rules into law, or take any other appropriate action in the General Assembly's discretion. Nothing contained in this amendatory Act of the 95th General Assembly shall be interpreted to grant rulemaking authority under any other Illinois statute where such authority is not otherwise explicitly given. For the purposes of this amendatory Act of the 95th General Assembly, "rules" is given the meaning contained in Section 1-70 of the Illinois Administrative Procedure Act, and "agency" and "agency head" are given the meanings contained in Sections 1-20 and 1-25 of the Illinois Administrative Procedure Act to the extent that such definitions apply to agencies or agency heads under the jurisdiction of the Governor or Lieutenant Governor.

(Source: P.A. 94-904, eff. 6-22-06.)".