HB5776ham001 95TH GENERAL ASSEMBLY

Agriculture & Conservation Committee

Filed: 3/4/2008

09500HB5776ham001 LRB095 19048 RCE 47485 a

AMENDMENT TO HOUSE BILL 5776

AMENDMENT NO. ______. Amend House Bill 5776 by replacing everything after the enacting clause with the following:

"Section 5. The Department of Agriculture Law of the Civil Administrative Code of Illinois is amended by adding Section 205-26 as follows:

(20 ILCS 205/205-26 new)

Sec. 205-26. Fairs; premises ID numbers. The Department shall not require a premises identification number or electronic identification under the National Animal Identification System to exhibit or enter livestock, poultry, rabbits, horses, or any other animal at any fair or exhibition in Illinois, unless required by federal law or regulation. The Department shall develop a process for persons to withdraw from the National Animal Identification System registration, and that process shall provide for the removal of a person's information from the Department's database. The Department shall also cooperate with the United States Department of Agriculture to provide for people to withdraw from the federal database. 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 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.

Section 99. Effective date. This Act takes effect January 1, 2009.".