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Environmental Health Committee
Adopted in House Comm. on Mar 04, 2008
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09500HB5348ham001 |
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LRB095 18468 BDD 47158 a |
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| AMENDMENT TO HOUSE BILL 5348
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| AMENDMENT NO. ______. Amend House Bill 5348 as follows: |
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| on page 11, immediately below line 7, by inserting the |
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| following:
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| "Section 50. No rulemaking authority. 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 Act. If, however, |
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| the Governor believes that rules are necessary to implement or |
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| enforce the provisions of this Act, the Governor may suggest |
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| rules to the General Assembly by filing them with the Clerk of |
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| the House and the Secretary of the Senate and by requesting |
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| that the General Assembly authorize such rulemaking by law, |
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| enact those suggested rules into law, or take any other |
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| appropriate action in the General Assembly's discretion. |
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09500HB5348ham001 |
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LRB095 18468 BDD 47158 a |
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| Nothing contained in this Act shall be interpreted to grant |
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| rulemaking authority under any other Illinois statute where |
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| such authority is not otherwise explicitly given. For the |
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| purposes of this Section, "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 18, by replacing lines 17 through 21 with the |
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| following: |
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| " prescribed by the Agency. The Governor, in coordination with |
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| the Agency, must propose rules for processing petitions |
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| submitted pursuant to this subsection
(h). The proposed rules |
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| may, but are not required to, include provisions
allowing for |
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| the submission of written public comments on the
petitions. |
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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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| 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 propose rules to the General |
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09500HB5348ham001 |
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LRB095 18468 BDD 47158 a |
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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 proposed |
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| rules into law, or take any other appropriate action in the |
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| 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 subsection, "rules" |
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| is given the meaning contained in Section 1-70 of the Illinois |
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| Administrative Procedure Act, and "agency" and "agency head" |
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| 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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