Full Text of HB5915 95th General Assembly
HB5915ham001 95TH GENERAL ASSEMBLY
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Judiciary I - Civil Law Committee
Filed: 3/12/2008
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09500HB5915ham001 |
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LRB095 19948 JAM 47935 a |
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| AMENDMENT TO HOUSE BILL 5915
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| AMENDMENT NO. ______. Amend House Bill 5915 on page 1, by | 3 |
| inserting below line 11 the following:
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| "Section 1-10. Rulemaking. Notwithstanding any other | 5 |
| rulemaking authority that may exist, neither the Governor nor | 6 |
| any agency or agency head under the jurisdiction of the | 7 |
| Governor has any authority to make or promulgate rules to | 8 |
| implement or enforce the provisions of this Article. If, | 9 |
| however, the Governor believes that rules are necessary to | 10 |
| implement or enforce the provisions of this Article, 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 Article shall be | 17 |
| interpreted to grant rulemaking authority under any other |
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09500HB5915ham001 |
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LRB095 19948 JAM 47935 a |
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| Illinois statute where such authority is not otherwise | 2 |
| explicitly given. For the purposes of this Section, "rules" is | 3 |
| given the meaning contained in Section 1-70 of the Illinois | 4 |
| Administrative Procedure Act, and "agency" and "agency head" | 5 |
| are given the meanings contained in Sections 1-20 and 1-25 of | 6 |
| the Illinois Administrative Procedure Act to the extent that | 7 |
| such definitions apply to agencies or agency heads under the | 8 |
| jurisdiction of the Governor."; and | 9 |
| on page 4, by replacing lines 11 through 13 with the following: | 10 |
| "Section 5-40. Rulemaking. Notwithstanding any other | 11 |
| rulemaking authority that may exist, neither the Governor nor | 12 |
| any agency or agency head under the jurisdiction of the | 13 |
| Governor has any authority to make or promulgate rules to | 14 |
| implement or enforce the provisions of this Article. If, | 15 |
| however, the Governor believes that rules are necessary to | 16 |
| implement or enforce the provisions of this Article, the | 17 |
| Governor may suggest rules to the General Assembly by filing | 18 |
| them with the Clerk of the House and the Secretary of the | 19 |
| Senate and by requesting that the General Assembly authorize | 20 |
| such rulemaking by law, enact those suggested rules into law, | 21 |
| or take any other appropriate action in the General Assembly's | 22 |
| discretion. Nothing contained in this Article shall be | 23 |
| interpreted to grant rulemaking authority under any other | 24 |
| Illinois statute where such authority is not otherwise |
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09500HB5915ham001 |
- 3 - |
LRB095 19948 JAM 47935 a |
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| 1 |
| explicitly given. For the purposes of this Section, "rules" is | 2 |
| given the meaning contained in Section 1-70 of the Illinois | 3 |
| Administrative Procedure Act, and "agency" and "agency head" | 4 |
| are given the meanings contained in Sections 1-20 and 1-25 of | 5 |
| the Illinois Administrative Procedure Act to the extent that | 6 |
| such definitions apply to agencies or agency heads under the | 7 |
| jurisdiction of the Governor."; and | 8 |
| on page 5, by inserting below line 6 the following: | 9 |
| " (d) Notwithstanding any other rulemaking authority that | 10 |
| may exist, neither the Governor nor any agency or agency head | 11 |
| under the jurisdiction of the Governor has any authority to | 12 |
| make or promulgate rules to implement or enforce the provisions | 13 |
| of this amendatory Act of the 95th General Assembly. If, | 14 |
| however, the Governor believes that rules are necessary to | 15 |
| implement or enforce the provisions of this amendatory Act of | 16 |
| the 95th General Assembly, the Governor may suggest rules to | 17 |
| the General Assembly by filing them with the Clerk of the House | 18 |
| and the Secretary of the Senate and by requesting that the | 19 |
| General Assembly authorize such rulemaking by law, enact those | 20 |
| suggested rules into law, or take any other appropriate action | 21 |
| in the General Assembly's discretion. Nothing contained in this | 22 |
| amendatory Act of the 95th General Assembly shall be | 23 |
| interpreted to grant rulemaking authority under any other | 24 |
| Illinois statute where such authority is not otherwise | 25 |
| explicitly given. For the purposes of this paragraph, "rules" |
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09500HB5915ham001 |
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LRB095 19948 JAM 47935 a |
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| 1 |
| is given the meaning contained in Section 1-70 of the Illinois | 2 |
| Administrative Procedure Act, and "agency" and "agency head" | 3 |
| are given the meanings contained in Sections 1-20 and 1-25 of | 4 |
| the Illinois Administrative Procedure Act to the extent that | 5 |
| such definitions apply to agencies or agency heads under the | 6 |
| jurisdiction of the Governor. ".
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