SB0062ham005 95TH GENERAL ASSEMBLY

Rep. Karen A. Yarbrough

Filed: 5/20/2008

09500SB0062ham005 LRB095 06267 RLC 51164 a

AMENDMENT TO SENATE BILL 62

AMENDMENT NO. ______. Amend Senate Bill 62, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The Unified Code of Corrections is amended by adding Section 3-4-3.1 as follows:

(730 ILCS 5/3-4-3.1 new)

Sec. 3-4-3.1. Identification documents of committed persons.

(a) Driver's licenses, State issued identification cards, social security account cards, and other government issued identification documents of a committed person that are in possession of a county sheriff at the time a person is committed to the Illinois Department of Corrections shall be forwarded to the Department.

(b) The Department shall retain the government issued identification documents of a committed person at the institution in which the person is incarcerated and shall ensure that the documents are forwarded to any institution to which the person is transferred.

(c) The government issued identification documents of a committed person shall be made available to the person upon discharge from the Department.

(d) Notwithstanding any other rulemaking authority that may exist, neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any authority to make or promulgate rules to implement or enforce the provisions of this amendatory Act of the 95th General Assembly. If, however, the Governor believes that rules are necessary to implement or enforce the provisions of this amendatory Act of the 95th General Assembly, the Governor may suggest rules to the General Assembly by filing them with the Clerk of the House and the Secretary of the Senate and by requesting that the General Assembly authorize such rulemaking by law, enact those suggested rules into law, or take any other appropriate action in the General Assembly's discretion. Nothing contained in this amendatory Act of the 95th General Assembly shall be interpreted to grant rulemaking authority under any other Illinois statute where such authority is not otherwise explicitly given. For the purposes of this Section, "rules" is given the meaning contained in Section 1-70 of the Illinois Administrative Procedure Act, and "agency" and "agency head" are given the meanings contained in Sections 1-20 and 1-25 of the Illinois Administrative Procedure Act to the extent that such definitions apply to agencies or agency heads under the jurisdiction of the Governor.".