Full Text of HB5938 95th General Assembly
HB5938ham001 95TH GENERAL ASSEMBLY
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Health Care Availability and Access Committee
Filed: 3/11/2008
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09500HB5938ham001 |
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LRB095 20022 RLC 48061 a |
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| AMENDMENT TO HOUSE BILL 5938
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| AMENDMENT NO. ______. Amend House Bill 5938 by deleting | 3 |
| lines 8 through 25 on page 11 and lines 1 through 7 on page 12; | 4 |
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| on page 12, by replacing lines 10 and 11 with the following: | 6 |
| "cards to qualifying patients who submit the following:"; and | 7 |
| on page 21, by deleting lines 21 through 25; and | 8 |
| on page 22, line 1, by replacing "(b)" with "(a)"; and | 9 |
| on page 22, line 8, by replacing "(c)" with "(b)"; and | 10 |
| on page 22, by replacing lines 10 and 11 with the following: | 11 |
| "applications, a notarized"; and | 12 |
| on page 24, by replacing lines 6 and 7 with the following: |
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09500HB5938ham001 |
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LRB095 20022 RLC 48061 a |
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| "medical marijuana organization. The"; and | 2 |
| by replacing lines 17 through 26 on page 25 and lines 1 through | 3 |
| 8 on page 26 with the following: | 4 |
| "(c) No rule making authority. 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 Act. If, however, | 9 |
| the Governor believes that rules are necessary to implement or | 10 |
| enforce the provisions of this Act, the Governor may suggest | 11 |
| rules to the General Assembly by filing them with the Clerk of | 12 |
| the House and the Secretary of the Senate and by requesting | 13 |
| that the General Assembly authorize such rulemaking by law, | 14 |
| enact those suggested rules into law, or take any other | 15 |
| appropriate action in the General Assembly's discretion. | 16 |
| Nothing contained in this Act shall be interpreted to grant | 17 |
| rulemaking authority under any other Illinois statute where | 18 |
| such authority is not otherwise explicitly given. For the | 19 |
| purposes of this Act, "rules" is given the meaning contained in | 20 |
| Section 1-70 of the Illinois Administrative Procedure Act, and | 21 |
| "agency" and "agency head" are given the meanings contained in | 22 |
| Sections 1-20 and 1-25 of the Illinois Administrative Procedure | 23 |
| Act to the extent that such definitions apply to agencies or | 24 |
| agency heads under the jurisdiction of the Governor."; and |
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09500HB5938ham001 |
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LRB095 20022 RLC 48061 a |
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| on page 32, by inserting immediately below line 20 the | 2 |
| following: | 3 |
| " (3) Notwithstanding any other rulemaking authority that | 4 |
| may exist, neither the Governor nor any agency or agency head | 5 |
| under the jurisdiction of the Governor has any authority to | 6 |
| make or promulgate rules to implement or enforce the provisions | 7 |
| of this amendatory Act of the 95th General Assembly. If, | 8 |
| however, the Governor believes that rules are necessary to | 9 |
| implement or enforce the provisions of this amendatory Act of | 10 |
| the 95th General Assembly, the Governor may suggest rules to | 11 |
| the General Assembly by filing them with the Clerk of the House | 12 |
| and the Secretary of the Senate and by requesting that the | 13 |
| General Assembly authorize such rulemaking by law, enact those | 14 |
| suggested rules into law, or take any other appropriate action | 15 |
| in the General Assembly's discretion. Nothing contained in this | 16 |
| amendatory Act of the 95th General Assembly shall be | 17 |
| interpreted to grant rulemaking authority under any other | 18 |
| Illinois statute where such authority is not otherwise | 19 |
| explicitly given. For the purposes of this Section, "rules" is | 20 |
| given the meaning contained in Section 1-70 of the Illinois | 21 |
| Administrative Procedure Act, and "agency" and "agency head" | 22 |
| are given the meanings contained in Sections 1-20 and 1-25 of | 23 |
| the Illinois Administrative Procedure Act to the extent that | 24 |
| such definitions apply to agencies or agency heads under the | 25 |
| jurisdiction of the Governor. ".
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