Rep. Karen May
Filed: 2/22/2008
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 3424




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    AMENDMENT NO. ______. Amend House Bill 3424 on page 1, line 
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13, by deleting "by rule"; and


 
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on page 1, line 22, by replacing "adopt by rule" with 
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"establish"; and
 
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on page 2, line 7, by replacing "adopt by reference" with 
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"examine"; and
 
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on page 2, line 21, by deleting "or any rule adopted under this 
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Act"; and
 
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on page 2, line 23, by deleting ", in consultation with the 
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Agency,"; and
 
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on page 3, lines 13 and 14, by deleting ", in consultation with 
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the Agency,"; and
 
 


 






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on page 3, line 16, by deleting "those rules are"; and
 
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on page 3, immediately below line 18, by inserting the 
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following:
 
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    "Section 25. No rulemaking authority. Notwithstanding any 
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other rulemaking authority that may exist, neither the Governor 
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nor any agency or agency head under the jurisdiction of the 
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Governor has any authority to make or promulgate rules to 
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implement or enforce the provisions of this Act.  If, however, 
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the Governor believes that rules are necessary to implement or 
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enforce the provisions of this Act, the Governor may suggest 
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rules to the General Assembly by filing them with the Clerk of 
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the House and Secretary of the Senate and by requesting that 
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the General Assembly authorize such rulemaking by law, enact 
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those suggested rules into law, or take any other appropriate 
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action in the General Assembly's discretion.   Nothing contained 
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in this Act shall be interpreted to grant rulemaking authority 
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under any other Illinois statute where such authority is not 
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otherwise explicitly given.  For the purposes of this Act, 
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"rules" is given the meaning contained in Section 1-70 of the 
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Illinois Administrative Procedure Act, and "agency" and 
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"agency head" are given the meanings contained in Sections 1-20 
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and 1-25 of the Illinois Administrative Procedure Act to the 
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extent that such definitions apply to agencies or agency heads 
 


 






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under the jurisdiction of the Governor.".