Rep. Eddie Washington
Filed: 3/4/2008
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1 | AMENDMENT TO HOUSE BILL 2088
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2 | AMENDMENT NO. ______. Amend House Bill 2088 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Department of Natural Resources Act is | ||||||
5 | amended by adding Section 5-20 as follows: | ||||||
6 | (20 ILCS 801/5-20 new) | ||||||
7 | Sec. 5-20. Waukegan Harbor; rules. | ||||||
8 | (a) The Department may not enter into any contract or incur | ||||||
9 | any obligation or expend any moneys for the purpose of dredging | ||||||
10 | or cleanup of the Waukegan Harbor unless the associated harbor | ||||||
11 | or waterway is maintained as a commercially navigable harbor | ||||||
12 | that has a minimum depth of 23 feet and that is accessible to | ||||||
13 | commercial vessels and to those seeking a harbor of refuge for | ||||||
14 | safety purposes. | ||||||
15 | (b) Notwithstanding any other rulemaking authority that | ||||||
16 | may exist, neither the Governor nor any agency or agency head |
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1 | under the jurisdiction of the Governor has any authority to | ||||||
2 | make or promulgate rules to implement or enforce the provisions | ||||||
3 | of this amendatory Act of the 95th General Assembly. If, | ||||||
4 | however, the Governor believes that rules are necessary to | ||||||
5 | implement or enforce the provisions of this amendatory Act of | ||||||
6 | the 95th General Assembly, the Governor may suggest rules to | ||||||
7 | the General Assembly by filing them with the Clerk of the House | ||||||
8 | and the Secretary of the Senate and by requesting that the | ||||||
9 | General Assembly authorize such rulemaking by law, enact those | ||||||
10 | suggested rules into law, or take any other appropriate action | ||||||
11 | in the General Assembly's discretion. Nothing contained in this | ||||||
12 | amendatory Act of the 95th General Assembly shall be | ||||||
13 | interpreted to grant rulemaking authority under any other | ||||||
14 | Illinois statute where such authority is not otherwise | ||||||
15 | explicitly given. For the purposes of this subsection, "rules" | ||||||
16 | is given the meaning contained in Section 1-70 of the Illinois | ||||||
17 | Administrative Procedure Act, and "agency" and "agency head" | ||||||
18 | are given the meanings contained in Sections 1-20 and 1-25 of | ||||||
19 | the Illinois Administrative Procedure Act to the extent that | ||||||
20 | such definitions apply to agencies or agency heads under the | ||||||
21 | jurisdiction of the Governor. ".
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