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Insurance Committee
Filed: 3/11/2008
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09500HB5286ham001 |
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LRB095 19061 AMC 47080 a |
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| AMENDMENT TO HOUSE BILL 5286
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| AMENDMENT NO. ______. Amend House Bill 5286, on page 1, |
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| immediately below line 22, by inserting the 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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09500HB5286ham001 |
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LRB095 19061 AMC 47080 a |
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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 3, line 17, by deleting "(a)"; and
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| on page 4, by deleting lines 11 through 15; and
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| on page 5, immediately below line 8, by inserting the |
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| following:
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| "(215 ILCS 5/1520 new) |
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| Sec. 1520. 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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| Article. If, however, the Governor believes that rules are |
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| necessary to implement or enforce the provisions of this |
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| Article, the Governor may suggest rules to the General Assembly |
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09500HB5286ham001 |
- 3 - |
LRB095 19061 AMC 47080 a |
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|
| 1 |
| by filing them with the Clerk of the House and Secretary of the |
| 2 |
| 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 Article 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 Article, "rules" is |
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| given the meaning contained in Section 1-70 of the Illinois |
| 10 |
| Administrative Procedure Act, and "agency" and "agency head" |
| 11 |
| are given the meanings contained in Sections 1-20 and 1-25 of |
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| the Illinois Administrative Procedure Act to the extent that |
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| such definitions apply to agencies or agency heads under the |
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| jurisdiction of the Governor.".
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