Rep. Eddie Washington
Filed: 3/4/2008
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 2088




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    AMENDMENT NO. ______. Amend House Bill 2088 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Department of Natural Resources Act is 
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amended  by adding Section 5-20 as follows:
 
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    (20 ILCS 801/5-20  new)
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    Sec. 5-20. Waukegan Harbor; rules. 
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    (a) The Department may not enter into any contract or incur 
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any obligation or expend any moneys for the purpose of dredging 
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or cleanup of the Waukegan Harbor unless the associated harbor 
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or waterway is maintained as a commercially navigable harbor 
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that has a minimum depth of 23 feet and that is accessible to 
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commercial vessels and to those seeking a harbor of refuge for 
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safety purposes.
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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 amendatory Act of the 95th General Assembly.  If, 
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however, the Governor believes that rules are necessary to 
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implement or enforce the provisions of this amendatory Act of 
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the 95th General Assembly, the Governor may suggest rules to 
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the General Assembly by filing them with the Clerk of the House 
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and the Secretary of the Senate and by requesting that the 
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General Assembly authorize such rulemaking by law, enact those 
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suggested rules into law, or take any other appropriate action 
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in the General Assembly's discretion.   Nothing contained in this 
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amendatory Act of the 95th General Assembly shall be 
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interpreted to grant rulemaking authority under any other 
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Illinois statute where such authority is not otherwise 
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explicitly given.  For the purposes of this subsection, "rules" 
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is given the meaning contained in Section 1-70 of the Illinois 
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Administrative Procedure Act, and "agency" and "agency head" 
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are given the meanings contained in Sections 1-20 and 1-25 of 
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the Illinois Administrative Procedure Act to the extent that 
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such definitions apply to agencies or agency heads under the 
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jurisdiction of the Governor.".