State Government Administration Committee
Filed: 3/5/2008
 
 

 




 

 		












09500HB5115ham001

LRB095 17221 NHT 47434 a






1

AMENDMENT TO HOUSE BILL 5115




2
    AMENDMENT NO. ______. Amend House Bill 5115 on page 4, by 
3
replacing lines 10 through 22 with the following:

 
4
    "(105 ILCS 60/500)

5
    Sec. 500. Rules. The State Board of Education may adopt any 
6
rules that are necessary to implement and administer this Act 
7
as it exists before the effective date of this amendatory Act 
8
of the 95th General Assembly. Notwithstanding any other 
9
rulemaking authority that may exist, neither the Governor or 
10
Lieutenant Governor nor any agency or agency head under the 
11
jurisdiction of the Governor or Lieutenant Governor has any 
12
authority to make or promulgate rules to implement or enforce 
13
the provisions of this amendatory Act of the 95th General 
14
Assembly.  If, however, the Governor or Lieutenant Governor 
15
believes that rules are necessary to implement or enforce the 
16
provisions of this amendatory Act of the 95th General Assembly, 
17
the Governor or Lieutenant Governor may suggest rules to the 
 


 






09500HB5115ham001
- 2 -
LRB095 17221 NHT 47434 a




1
General Assembly by filing them with the Clerk of the House and 
2
the Secretary of the Senate and by requesting that the General 
3
Assembly authorize such rulemaking by law, enact those 
4
suggested rules into law, or take any other appropriate action 
5
in the General Assembly's discretion.   Nothing contained in this 
6
amendatory Act of the 95th General Assembly shall be 
7
interpreted to grant rulemaking authority under any other 
8
Illinois statute where such authority is not otherwise 
9
explicitly given.  For the purposes of this amendatory Act of 
10
the 95th General Assembly, "rules" is given the meaning 
11
contained in Section 1-70 of the Illinois Administrative 
12
Procedure Act, and "agency" and "agency head" are given the 
13
meanings contained in Sections 1-20 and 1-25 of the Illinois 
14
Administrative Procedure Act to the extent that such 
15
definitions apply to agencies or agency heads under the 
16
jurisdiction of the Governor or Lieutenant Governor. 

17
(Source: P.A. 94-904, eff. 6-22-06.)".