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Insurance Committee
Filed: 3/11/2008
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09500HB4941ham002 |
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LRB095 18852 AMC 47617 a |
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| AMENDMENT TO HOUSE BILL 4941
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| AMENDMENT NO. ______. Amend House Bill 4941, AS AMENDED, |
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| with reference to page and line numbers of House Amendment No. |
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| 1, on page 75, immediately below line 20, by inserting the |
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| following:
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| "Section 80. No authority to make or promulgate rules. |
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| Notwithstanding any other rulemaking authority that may exist, |
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| neither the Governor nor any agency or agency head under the |
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| jurisdiction of the Governor has any authority to make or |
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| promulgate rules to implement or enforce the provisions of this |
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| Act. If, however, the Governor believes that rules are |
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| necessary to implement or enforce the provisions of this Act, |
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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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09500HB4941ham002 |
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LRB095 18852 AMC 47617 a |
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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."; and
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| on page 95, immediately below line 10, by inserting the |
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| following: |
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| "Notwithstanding any other rulemaking authority that may |
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| exist, neither the Governor nor any agency or agency head under |
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| the jurisdiction of the Governor has any authority to make or |
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| promulgate rules to implement or enforce the provisions of this |
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| amendatory Act of the 95th General Assembly. If, however, the |
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| Governor believes that rules are necessary to implement or |
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| enforce the provisions of this amendatory Act of the 95th |
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| General Assembly, the Governor may suggest rules to the General |
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| Assembly by filing them with the Clerk of the House and the |
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| Secretary of the Senate and by requesting that the General |
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| 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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09500HB4941ham002 |
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LRB095 18852 AMC 47617 a |
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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 amendatory Act of |
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| the 95th General Assembly, "rules" is given the meaning |
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| contained in Section 1-70 of the Illinois Administrative |
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| Procedure Act, and "agency" and "agency head" are given the |
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| meanings contained in Sections 1-20 and 1-25 of the Illinois |
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| Administrative Procedure Act to the extent that such |
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| definitions apply to agencies or agency heads under the |
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| jurisdiction of the Governor.".
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