Human Services Committee
Filed: 3/12/2008
 
 

 




 

 		












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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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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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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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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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    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 
 


 






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transferred under Section 8h of the State Finance Act.
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(Source: P.A. 95-331, eff. 8-21-07; 95-639, eff. 10-5-07.)".