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Rep. Constance A. Howard
Filed: 2/21/2008
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09500HB1831ham002 |
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LRB095 09795 RLC 46646 a |
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| AMENDMENT TO HOUSE BILL 1831
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| AMENDMENT NO. ______. Amend House Bill 1831, AS AMENDED, by |
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| replacing all of subsection (f) of Sec. 6 of Section 5 with the |
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| following: |
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| "(f) Subject to available funding, the Illinois Department
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| of Corrections shall conduct a study of the impact of sealing,
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| especially on employment and recidivism rates, utilizing a
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| random sample of those who apply for the sealing of their
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| criminal records under Public Act 93-211. At the request of the |
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| Illinois
Department of Corrections, records of the Illinois |
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| Department
of Employment Security shall be utilized as |
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| appropriate to
assist in the study. The study shall not |
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| disclose any data in a
manner that would allow the |
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| identification of any particular
individual or employing unit. |
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| The study shall be made available
to the General Assembly no |
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| later than September 1, 2008. |
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| (g) Notwithstanding any other rulemaking authority that |
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| may exist, neither the Governor nor any agency or agency head |
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09500HB1831ham002 |
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LRB095 09795 RLC 46646 a |
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| under the jurisdiction of the Governor has any authority to |
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| make or promulgate rules to implement or enforce the provisions |
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| of this amendatory Act of the 95th General Assembly. If, |
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| however, the Governor believes that rules are necessary to |
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| implement or enforce the provisions of this amendatory Act of |
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| the 95th General Assembly, the Governor may suggest rules to |
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| the General Assembly by filing them with the Clerk of the House |
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| and the Secretary of the Senate and by requesting that the |
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| General Assembly authorize such rulemaking by law, enact those |
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| suggested rules into law, or take any other appropriate action |
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| in the General Assembly's discretion. Nothing contained in this |
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| amendatory Act of the 95th General Assembly shall be |
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| interpreted to grant rulemaking authority under any other |
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| Illinois statute where such authority is not otherwise |
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| explicitly given. For the purposes of this subsection (g), |
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| "rules" is given the meaning contained in Section 1-70 of the |
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| Illinois Administrative Procedure Act, and "agency" and |
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| "agency head" are given the meanings contained in Sections 1-20 |
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| and 1-25 of the Illinois Administrative Procedure Act to the |
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| extent that such definitions apply to agencies or agency heads |
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| under the jurisdiction of the Governor.".
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