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Human Services Committee
Filed: 3/12/2008
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09500HB5866ham001 |
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LRB095 17978 JAM 47561 a |
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| AMENDMENT TO HOUSE BILL 5866
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| AMENDMENT NO. ______. Amend House Bill 5866 on page 22, in |
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| line 2 by deleting " by rule "; and
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| on page 28, by inserting below line 17 the following:
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| " (x) 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 the Secretary of the Senate and by requesting that the |
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| General 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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09500HB5866ham001 |
- 2 - |
LRB095 17978 JAM 47561 a |
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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. "; and |
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| on page 49, in line 19 by deleting " by rule "; and
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| on page 56, by inserting below line 8 the following: |
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| " (x) 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 the Secretary of the Senate and by requesting that the |
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| General 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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09500HB5866ham001 |
- 3 - |
LRB095 17978 JAM 47561 a |
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|
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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 subsection, "rules" |
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| is given the meaning contained in Section 1-70 of the Illinois |
7 |
| 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. "; and |
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| on page 59, by inserting below line 3 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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|
09500HB5866ham001 |
- 4 - |
LRB095 17978 JAM 47561 a |
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|
1 |
| amendatory Act of the 95th General Assembly shall be |
2 |
| interpreted to grant rulemaking authority under any other |
3 |
| Illinois statute where such authority is not otherwise |
4 |
| explicitly given. For the purposes of this paragraph, "rules" |
5 |
| is given the meaning contained in Section 1-70 of the Illinois |
6 |
| Administrative Procedure Act, and "agency" and "agency head" |
7 |
| 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. "; and |
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| on page 64, in line 6, by inserting after the period the |
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| 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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|
09500HB5866ham001 |
- 5 - |
LRB095 17978 JAM 47561 a |
|
|
1 |
| amendatory Act of the 95th General Assembly shall be |
2 |
| interpreted to grant rulemaking authority under any other |
3 |
| Illinois statute where such authority is not otherwise |
4 |
| explicitly given. For the purposes of this paragraph, "rules" |
5 |
| is given the meaning contained in Section 1-70 of the Illinois |
6 |
| Administrative Procedure Act, and "agency" and "agency head" |
7 |
| 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. "; and |
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| on page 73, by inserting below line 23 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 |
23 |
| suggested rules into law, or take any other appropriate action |
24 |
| 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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09500HB5866ham001 |
- 6 - |
LRB095 17978 JAM 47561 a |
|
|
1 |
| interpreted to grant rulemaking authority under any other |
2 |
| Illinois statute where such authority is not otherwise |
3 |
| explicitly given. For the purposes of this paragraph, "rules" |
4 |
| is given the meaning contained in Section 1-70 of the Illinois |
5 |
| Administrative Procedure Act, and "agency" and "agency head" |
6 |
| are given the meanings contained in Sections 1-20 and 1-25 of |
7 |
| 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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