HB3424ham003 95TH GENERAL ASSEMBLY

Rep. Karen May

Filed: 2/22/2008

09500HB3424ham003 LRB095 11364 BDD 46943 a

AMENDMENT TO HOUSE BILL 3424

AMENDMENT NO. ______. Amend House Bill 3424 on page 1, line 13, by deleting "by rule"; and

on page 1, line 22, by replacing "adopt by rule" with "establish"; and

on page 2, line 7, by replacing "adopt by reference" with "examine"; and

on page 2, line 21, by deleting "or any rule adopted under this Act"; and

on page 2, line 23, by deleting ", in consultation with the Agency,"; and

on page 3, lines 13 and 14, by deleting ", in consultation with the Agency,"; and

on page 3, line 16, by deleting "those rules are"; and

on page 3, immediately below line 18, by inserting the following:

"Section 25. No rulemaking authority. 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 Act. If, however, the Governor believes that rules are necessary to implement or enforce the provisions of this Act, 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 Act 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 Act, "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.".