Human Services Committee

Filed: 3/5/2008





09500HB4745ham001 LRB095 18419 RLC 47564 a


2     AMENDMENT NO. ______. Amend House Bill 4745 on page 1, line
3 5, by replacing "Sections 309 and" with "Section"; and
4 by deleting lines 6 through 23 on page 1 and lines 1 through 24
5 on page 2; and
6 on page 4, by replacing lines 5 and 6 with the following:
7 "be filled more than 90 7 days after the date of issuance. A";
8 and
9 on page 10, by inserting immediately below line 22 the
10 following:
11     "(k) Notwithstanding any other rulemaking authority that
12 may exist, neither the Governor nor any agency or agency head
13 under the jurisdiction of the Governor has any authority to
14 make or promulgate rules to implement or enforce the provisions
15 of this amendatory Act of the 95th General Assembly. If,



09500HB4745ham001 - 2 - LRB095 18419 RLC 47564 a

1 however, the Governor believes that rules are necessary to
2 implement or enforce the provisions of this amendatory Act of
3 the 95th General Assembly, the Governor may suggest rules to
4 the General Assembly by filing them with the Clerk of the House
5 and the Secretary of the Senate and by requesting that the
6 General Assembly authorize such rulemaking by law, enact those
7 suggested rules into law, or take any other appropriate action
8 in the General Assembly's discretion. Nothing contained in this
9 amendatory Act of the 95th General Assembly shall be
10 interpreted to grant rulemaking authority under any other
11 Illinois statute where such authority is not otherwise
12 explicitly given. For the purposes of this Section, "rules" is
13 given the meaning contained in Section 1-70 of the Illinois
14 Administrative Procedure Act, and "agency" and "agency head"
15 are given the meanings contained in Sections 1-20 and 1-25 of
16 the Illinois Administrative Procedure Act to the extent that
17 such definitions apply to agencies or agency heads under the
18 jurisdiction of the Governor.".