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Agriculture & Conservation Committee
Filed: 3/4/2008
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09500HB5776ham001 |
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LRB095 19048 RCE 47485 a |
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| AMENDMENT TO HOUSE BILL 5776
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| AMENDMENT NO. ______. Amend House Bill 5776 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Department of Agriculture Law of the Civil |
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| Administrative
Code of Illinois is amended by adding Section |
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| 205-26 as follows:
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| (20 ILCS 205/205-26 new) |
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| Sec. 205-26. Fairs; premises ID numbers. The Department |
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| shall not require a premises identification number or |
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| electronic identification under the National Animal |
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| Identification System to exhibit or enter livestock, poultry, |
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| rabbits, horses, or any other animal at any fair or exhibition |
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| in Illinois, unless required by federal law or regulation. The |
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| Department shall develop a process for persons to withdraw from |
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| the National Animal Identification System registration, and |
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| that process shall provide for the removal of a person's |
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09500HB5776ham001 |
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LRB095 19048 RCE 47485 a |
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| information from the Department's database. The Department |
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| shall also cooperate with the United States Department of |
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| Agriculture to provide for people to withdraw from the federal |
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| database. 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 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 Section, "rules" is |
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| 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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