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Human Services Committee
Filed: 3/12/2008
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09500HB5059ham001 |
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LRB095 18105 NHT 47995 a |
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| AMENDMENT TO HOUSE BILL 5059
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| AMENDMENT NO. ______. Amend House Bill 5059 as follows: |
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| on page 1, lines 5 and 6, by replacing "Sections 6.5 and 6.10" |
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| with "Section 6.5"; and
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| on page 6, immediately below line 14, 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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09500HB5059ham001 |
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LRB095 18105 NHT 47995 a |
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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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| 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. "; and
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| on page 6, by replacing lines 19 and 20 with the following:
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| " year, the Department shall "; and
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| on page 7, line 4, after " institution; ", by inserting " and "; |
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| and |
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| on page 7, by deleting lines 5 and 6; and |
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| on page 7, line 7, by replacing " (4) " with " (3) "; and |
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| on page 8, by deleting lines 3 and 4; and |
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09500HB5059ham001 |
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LRB095 18105 NHT 47995 a |
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| on page 9, immediately below line 24, by inserting the |
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| following: |
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| " (f) 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 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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09500HB5059ham001 |
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LRB095 18105 NHT 47995 a |
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| jurisdiction of the Governor. "; and
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| by replacing line 25 on page 9 through line 12 on page 10 with
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| the following:
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| "Section 10. The Nurse Practice Act is amended by changing |
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| Section 70-50 as follows:
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| (225 ILCS 65/70-50)
(was 225 ILCS 65/20-40)
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| (Section scheduled to be repealed on January 1, 2018)
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| Sec. 70-50. Fund. |
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| (a) There is hereby created within the State Treasury the
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| Nursing Dedicated and Professional Fund. The monies in the Fund |
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| may be
used by and at the direction of the Department for the |
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| administration and
enforcement of this Act, including but not |
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| limited to:
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| (1) Distribution and publication of this Act and rules.
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| (2) Employment of secretarial, nursing, |
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| administrative, enforcement, and
other staff for the |
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| administration of this Act.
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| (b) Disposition of fees:
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| (1) $5 of every licensure fee shall be placed in a fund |
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| for assistance to nurses enrolled in a diversionary program |
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| as approved by the Department.
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| (2) All of the fees, fines, and penalties
collected |
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| pursuant to
this Act shall be deposited in the Nursing |
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09500HB5059ham001 |
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LRB095 18105 NHT 47995 a |
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| Dedicated and Professional Fund.
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| (3) Each fiscal year, the moneys deposited
in the |
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| Nursing Dedicated and Professional Fund shall be |
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| appropriated to the
Department for expenses of the |
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| Department and the Board in the
administration of this Act. |
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| All earnings received from investment of
moneys in the |
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| Nursing Dedicated and Professional Fund shall be
deposited |
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| in the Nursing Dedicated and Professional Fund and shall be |
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| used
for the same purposes as fees deposited in the Fund.
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| (4) For the fiscal year beginning July 1, 2008 2004 and |
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| for
each fiscal
year thereafter, $2,000,000 $1,200,000 of |
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| the moneys deposited in the
Nursing Dedicated
and |
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| Professional Fund each year shall be set aside and |
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| appropriated to the
Department of Public Health for nursing |
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| scholarships awarded pursuant to
the Nursing Education |
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| Scholarship Law.
Representatives
of the Department and the |
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| Nursing Education Scholarship Program Advisory
Council |
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| shall review this requirement and
the scholarship awards |
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| every 2 years.
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| (5) Moneys in the Fund may be transferred to the |
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| Professions
Indirect Cost Fund as authorized under Section |
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| 2105-300 of the
Department of Professional Regulation Law |
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| (20 ILCS 2105/2105-300).
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| (f) Moneys set aside for nursing scholarships awarded |
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| pursuant to
the Nursing Education Scholarship Law as provided |
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| in item (iv) of subsection (e) of this Section may not be |