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Judiciary I - Civil Law Committee
Filed: 3/12/2008
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09500HB5980ham001 |
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LRB095 20046 DRJ 47550 a |
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| AMENDMENT TO HOUSE BILL 5980
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| AMENDMENT NO. ______. Amend House Bill 5980 on page 4, line |
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| 15, by replacing "Rules." with "No authority to make or |
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| promulgate rules."; and
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| on page 8, after line 3, 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 |
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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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09500HB5980ham001 |
- 2 - |
LRB095 20046 DRJ 47550 a |
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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 |
| 5 |
| 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 |
| 8 |
| Procedure Act, and "agency" and "agency head" are given the |
| 9 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois |
| 10 |
| 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 16, after line 17, 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 |
| 16 |
| the jurisdiction of the Governor has any authority to make or |
| 17 |
| promulgate rules to implement or enforce the provisions of this |
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| amendatory Act of the 95th General Assembly. If, however, the |
| 19 |
| Governor believes that rules are necessary to implement or |
| 20 |
| enforce the provisions of this amendatory Act of the 95th |
| 21 |
| General Assembly, the Governor may suggest rules to the General |
| 22 |
| Assembly by filing them with the Clerk of the House and |
| 23 |
| Secretary of the Senate and by requesting that the General |
| 24 |
| Assembly authorize such rulemaking by law, enact those |
| 25 |
| suggested rules into law, or take any other appropriate action |
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|
09500HB5980ham001 |
- 3 - |
LRB095 20046 DRJ 47550 a |
|
|
| 1 |
| in the General Assembly's discretion. Nothing contained in this |
| 2 |
| amendatory Act of the 95th General Assembly shall be |
| 3 |
| interpreted to grant rulemaking authority under any other |
| 4 |
| Illinois statute where such authority is not otherwise |
| 5 |
| explicitly given. For the purposes of this amendatory Act of |
| 6 |
| the 95th General Assembly, "rules" is given the meaning |
| 7 |
| contained in Section 1-70 of the Illinois Administrative |
| 8 |
| Procedure Act, and "agency" and "agency head" are given the |
| 9 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois |
| 10 |
| Administrative Procedure Act to the extent that such |
| 11 |
| definitions apply to agencies or agency heads under the |
| 12 |
| jurisdiction of the Governor."; and |
| 13 |
| on page 17, after line 24, by inserting the following: |
| 14 |
| "Notwithstanding any other rulemaking authority that may |
| 15 |
| exist, neither the Governor nor any agency or agency head under |
| 16 |
| the jurisdiction of the Governor has any authority to make or |
| 17 |
| promulgate rules to implement or enforce the provisions of this |
| 18 |
| amendatory Act of the 95th General Assembly. If, however, the |
| 19 |
| Governor believes that rules are necessary to implement or |
| 20 |
| enforce the provisions of this amendatory Act of the 95th |
| 21 |
| General Assembly, the Governor may suggest rules to the General |
| 22 |
| Assembly by filing them with the Clerk of the House and |
| 23 |
| Secretary of the Senate and by requesting that the General |
| 24 |
| Assembly authorize such rulemaking by law, enact those |
| 25 |
| suggested rules into law, or take any other appropriate action |
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|
09500HB5980ham001 |
- 4 - |
LRB095 20046 DRJ 47550 a |
|
|
| 1 |
| in the General Assembly's discretion. Nothing contained in this |
| 2 |
| amendatory Act of the 95th General Assembly shall be |
| 3 |
| interpreted to grant rulemaking authority under any other |
| 4 |
| Illinois statute where such authority is not otherwise |
| 5 |
| explicitly given. For the purposes of this amendatory Act of |
| 6 |
| the 95th General Assembly, "rules" is given the meaning |
| 7 |
| contained in Section 1-70 of the Illinois Administrative |
| 8 |
| Procedure Act, and "agency" and "agency head" are given the |
| 9 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois |
| 10 |
| Administrative Procedure Act to the extent that such |
| 11 |
| definitions apply to agencies or agency heads under the |
| 12 |
| jurisdiction of the Governor."; and |
| 13 |
| on page 20, after line 22, by inserting the following: |
| 14 |
| "(h) Notwithstanding any other rulemaking authority that |
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| may exist, neither the Governor nor any agency or agency head |
| 16 |
| under the jurisdiction of the Governor has any authority to |
| 17 |
| make or promulgate rules to implement or enforce the provisions |
| 18 |
| of this amendatory Act of the 95th General Assembly. If, |
| 19 |
| however, the Governor believes that rules are necessary to |
| 20 |
| implement or enforce the provisions of this amendatory Act of |
| 21 |
| the 95th General Assembly, the Governor may suggest rules to |
| 22 |
| the General Assembly by filing them with the Clerk of the House |
| 23 |
| and Secretary of the Senate and by requesting that the General |
| 24 |
| Assembly authorize such rulemaking by law, enact those |
| 25 |
| suggested rules into law, or take any other appropriate action |
|
|
|
09500HB5980ham001 |
- 5 - |
LRB095 20046 DRJ 47550 a |
|
|
| 1 |
| in the General Assembly's discretion. Nothing contained in this |
| 2 |
| amendatory Act of the 95th General Assembly shall be |
| 3 |
| interpreted to grant rulemaking authority under any other |
| 4 |
| Illinois statute where such authority is not otherwise |
| 5 |
| explicitly given. For the purposes of this amendatory Act of |
| 6 |
| the 95th General Assembly, "rules" is given the meaning |
| 7 |
| contained in Section 1-70 of the Illinois Administrative |
| 8 |
| Procedure Act, and "agency" and "agency head" are given the |
| 9 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois |
| 10 |
| Administrative Procedure Act to the extent that such |
| 11 |
| definitions apply to agencies or agency heads under the |
| 12 |
| jurisdiction of the Governor."; and |
| 13 |
| on page 35, after line 10, by inserting the following: |
| 14 |
| "Notwithstanding any other rulemaking authority that may |
| 15 |
| exist, neither the Governor nor any agency or agency head under |
| 16 |
| the jurisdiction of the Governor has any authority to make or |
| 17 |
| promulgate rules to implement or enforce the provisions of this |
| 18 |
| amendatory Act of the 95th General Assembly. If, however, the |
| 19 |
| Governor believes that rules are necessary to implement or |
| 20 |
| enforce the provisions of this amendatory Act of the 95th |
| 21 |
| General Assembly, the Governor may suggest rules to the General |
| 22 |
| Assembly by filing them with the Clerk of the House and |
| 23 |
| Secretary of the Senate and by requesting that the General |
| 24 |
| Assembly authorize such rulemaking by law, enact those |
| 25 |
| suggested rules into law, or take any other appropriate action |
|
|
|
09500HB5980ham001 |
- 6 - |
LRB095 20046 DRJ 47550 a |
|
|
| 1 |
| in the General Assembly's discretion. Nothing contained in this |
| 2 |
| amendatory Act of the 95th General Assembly shall be |
| 3 |
| interpreted to grant rulemaking authority under any other |
| 4 |
| Illinois statute where such authority is not otherwise |
| 5 |
| explicitly given. For the purposes of this amendatory Act of |
| 6 |
| the 95th General Assembly, "rules" is given the meaning |
| 7 |
| contained in Section 1-70 of the Illinois Administrative |
| 8 |
| Procedure Act, and "agency" and "agency head" are given the |
| 9 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois |
| 10 |
| Administrative Procedure Act to the extent that such |
| 11 |
| definitions apply to agencies or agency heads under the |
| 12 |
| jurisdiction of the Governor."; and |
| 13 |
| on page 38, after line 12, by inserting the following: |
| 14 |
| "Notwithstanding any other rulemaking authority that may |
| 15 |
| exist, neither the Governor nor any agency or agency head under |
| 16 |
| the jurisdiction of the Governor has any authority to make or |
| 17 |
| promulgate rules to implement or enforce the provisions of this |
| 18 |
| amendatory Act of the 95th General Assembly. If, however, the |
| 19 |
| Governor believes that rules are necessary to implement or |
| 20 |
| enforce the provisions of this amendatory Act of the 95th |
| 21 |
| General Assembly, the Governor may suggest rules to the General |
| 22 |
| Assembly by filing them with the Clerk of the House and |
| 23 |
| Secretary of the Senate and by requesting that the General |
| 24 |
| Assembly authorize such rulemaking by law, enact those |
| 25 |
| suggested rules into law, or take any other appropriate action |
|
|
|
09500HB5980ham001 |
- 7 - |
LRB095 20046 DRJ 47550 a |
|
|
| 1 |
| in the General Assembly's discretion. Nothing contained in this |
| 2 |
| amendatory Act of the 95th General Assembly shall be |
| 3 |
| interpreted to grant rulemaking authority under any other |
| 4 |
| Illinois statute where such authority is not otherwise |
| 5 |
| explicitly given. For the purposes of this amendatory Act of |
| 6 |
| the 95th General Assembly, "rules" is given the meaning |
| 7 |
| contained in Section 1-70 of the Illinois Administrative |
| 8 |
| Procedure Act, and "agency" and "agency head" are given the |
| 9 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois |
| 10 |
| Administrative Procedure Act to the extent that such |
| 11 |
| definitions apply to agencies or agency heads under the |
| 12 |
| jurisdiction of the Governor.".
|