HB5067ham001 95TH GENERAL ASSEMBLY

Registration and Regulation Committee

Filed: 3/5/2008

 

 


 

 


 
09500HB5067ham001 LRB095 17131 RAS 47499 a

1
AMENDMENT TO HOUSE BILL 5067

2     AMENDMENT NO. ______. Amend House Bill 5067 as follows:
 
3 on page 12, by replacing lines 6 and 7 with the following:
4     "estate."; and
 
5 on page 12, immediately below line 12, by inserting the
6 following:
7     "(d) Notwithstanding any other rulemaking authority that
8 may exist, neither the Governor nor any agency or agency head
9 under the jurisdiction of the Governor has any authority to
10 make or promulgate rules to implement or enforce the provisions
11 of this amendatory Act of the 95th General Assembly. If,
12 however, the Governor believes that rules are necessary to
13 implement or enforce the provisions of this amendatory Act of
14 the 95th General Assembly, the Governor may suggest rules to
15 the General Assembly by filing them with the Clerk of the House
16 and the Secretary of the Senate and by requesting that the

 

 

09500HB5067ham001 - 2 - LRB095 17131 RAS 47499 a

1 General Assembly authorize such rulemaking by law, enact those
2 suggested rules into law, or take any other appropriate action
3 in the General Assembly's discretion. Nothing contained in this
4 amendatory Act of the 95th General Assembly shall be
5 interpreted to grant rulemaking authority under any other
6 Illinois statute where such authority is not otherwise
7 explicitly given. For the purposes of this amendatory Act of
8 the 95th General Assembly, "rules" is given the meaning
9 contained in Section 1-70 of the Illinois Administrative
10 Procedure Act, and "agency" and "agency head" are given the
11 meanings contained in Sections 1-20 and 1-25 of the Illinois
12 Administrative Procedure Act to the extent that such
13 definitions apply to agencies or agency heads under the
14 jurisdiction of the Governor."; and
 
15 on page 14, by replacing lines 6 through 9 with the following:
16     "spreadsheets; and
17         (7) business or real estate law."; and
 
18 on page 14, immediately below linge 14, by inserting the
19 following:
20     "(d) Notwithstanding any other rulemaking authority that
21 may exist, neither the Governor nor any agency or agency head
22 under the jurisdiction of the Governor has any authority to
23 make or promulgate rules to implement or enforce the provisions
24 of this amendatory Act of the 95th General Assembly. If,

 

 

09500HB5067ham001 - 3 - LRB095 17131 RAS 47499 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 amendatory Act of
13 the 95th General Assembly, "rules" is given the meaning
14 contained in Section 1-70 of the Illinois Administrative
15 Procedure Act, and "agency" and "agency head" are given the
16 meanings contained in Sections 1-20 and 1-25 of the Illinois
17 Administrative Procedure Act to the extent that such
18 definitions apply to agencies or agency heads under the
19 jurisdiction of the Governor."; and
 
20 on page 19, line 16, by deleting "as established by rule"; and
 
21 on page 48, line 14, after "college," by inserting "or"; and
 
22 on page 48, by replacing lines 16 and 17 with the following:
23 "the Appraisal Foundation."; and
 

 

 

09500HB5067ham001 - 4 - LRB095 17131 RAS 47499 a

1 on page 53, line 13, by deleting "as determined by rule of the
2 Department,"; and
 
3 by replacing line 25 on page 53 through line 7 on page 54 with
4 the following:
5 "enforcement of all the rules adopted pursuant to this Act. The
6 Department OBRE shall give due consideration to such the
7 recommendations of the Board prior to adopting rules."; and
 
8 on page 54, lines 16 and 17, by deleting "as determined by rule
9 of the Department,".