Judiciary II - Criminal Law Committee

Filed: 3/13/2008

 

 


 

 


 
09500HB5093ham001 LRB095 16892 BDD 47598 a

1
AMENDMENT TO HOUSE BILL 5093

2     AMENDMENT NO. ______. Amend House Bill 5093 on page 1, line
3 20, after "prosecution.", by inserting "Notwithstanding any
4 other rulemaking authority that may exist, neither the Governor
5 nor any agency or agency head under the jurisdiction of the
6 Governor has any authority to make or promulgate rules to
7 implement or enforce the provisions of this amendatory Act of
8 the 95th General Assembly. If, however, the Governor believes
9 that rules are necessary to implement or enforce the provisions
10 of this amendatory Act of the 95th General Assembly, the
11 Governor may suggest rules to the General Assembly by filing
12 them with the Clerk of the House and the Secretary of the
13 Senate and by requesting that the General Assembly authorize
14 such rulemaking by law, enact those suggested rules into law,
15 or take any other appropriate action in the General Assembly's
16 discretion. Nothing contained in this amendatory Act of the
17 95th General Assembly shall be interpreted to grant rulemaking
18 authority under any other Illinois statute where such authority

 

 

09500HB5093ham001 - 2 - LRB095 16892 BDD 47598 a

1 is not otherwise explicitly given. For the purposes of this
2 paragraph, "rules" is given the meaning contained in Section
3 1-70 of the Illinois Administrative Procedure Act, and "agency"
4 and "agency head" are given the meanings contained in Sections
5 1-20 and 1-25 of the Illinois Administrative Procedure Act to
6 the extent that such definitions apply to agencies or agency
7 heads under the jurisdiction of the Governor.".