Judiciary II - Criminal Law Committee
Filed: 3/13/2008
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 5093 




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    AMENDMENT NO. ______. Amend House Bill 5093 on page 1, line 
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20, after "prosecution.", by inserting "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 amendatory Act of 
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the 95th General Assembly.  If, however, the Governor believes 
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that rules are necessary to implement or enforce the provisions 
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of this amendatory Act of the 95th General Assembly, the 
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Governor may suggest rules to the General Assembly by filing 
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them with the Clerk of the House and the 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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discretion.   Nothing contained in this amendatory Act of the 
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95th General Assembly shall be interpreted to grant rulemaking 
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authority under any other Illinois statute where such authority 
 


 






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is not otherwise explicitly given.  For the purposes of this 
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paragraph, "rules" is given the meaning contained in Section 
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1-70 of the Illinois Administrative Procedure Act, and "agency" 
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and "agency head" are given the meanings contained in Sections 
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1-20 and 1-25 of the Illinois Administrative Procedure Act to 
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the extent that such definitions apply to agencies or agency 
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heads under the jurisdiction of the Governor.".