Rep. Deborah L. Graham
Filed: 4/1/2008
 
 

 




 

 		












09500HB0796ham001

LRB095 04540 RAS 47851 a






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AMENDMENT TO HOUSE BILL 796 




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    AMENDMENT NO. ______. Amend House Bill 796 as follows:


 
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on page 4, lines 12 and 13, by deleting "in accordance with 
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rules adopted by the Department"; and
 
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on page 4, line 15, by deleting "by rule"; and
 
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on page 9, line 5, by replacing "rulemaking" with "no authority 
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to make or promulgate rules"; and
 
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on page 9, by replacing lines 11 and 12 with the following:
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    "(b) Notwithstanding any other rulemaking authority that 
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may exist, neither the Governor nor any agency or agency head 
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under the jurisdiction of the Governor has any authority to 
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make or promulgate rules to implement or enforce the provisions 
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of this Act.  If, however, the Governor believes that rules are 
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necessary to implement or enforce the provisions of this Act, 
 


 






09500HB0796ham001
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LRB095 04540 RAS 47851 a




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the Governor may suggest rules to the General Assembly by 
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filing them with the Clerk of the House and Secretary of the 
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Senate and by requesting that the General Assembly authorize 
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such rulemaking by law, enact those suggested rules into law, 
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or take any other appropriate action in the General Assembly's 
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discretion.   Nothing contained in this Act shall be interpreted 
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to grant rulemaking authority under any other Illinois statute 
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where such authority is not otherwise explicitly given.  For the 
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purposes of this Act, "rules" is given the meaning contained in 
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Section 1-70 of the Illinois Administrative Procedure Act, and 
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"agency" and "agency head" are given the meanings contained in 
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Sections 1-20 and 1-25 of the Illinois Administrative Procedure 
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Act to the extent that such definitions apply to agencies or 
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agency heads under the jurisdiction of the Governor.".