Gaming Committee
Filed: 3/12/2008
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1 | AMENDMENT TO HOUSE BILL 4128
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2 | AMENDMENT NO. ______. Amend House Bill 4128 as follows:
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3 | on page 1, line 5, by changing "and 7.15" to "7.15, and 27.5"; | ||||||
4 | and | ||||||
5 | on page 1, line 11, by changing " adopt rules " to " propose rules | ||||||
6 | to the General Assembly "; and | ||||||
7 | on page 1, line 13, by changing " rules " to " proposed rules "; | ||||||
8 | and | ||||||
9 | on page 1, by replacing lines 21 through 23 with the following: | ||||||
10 | " Department shall be offered to Internet players, and | ||||||
11 | additional lottery games may be offered through the electronic | ||||||
12 | distribution "; and | ||||||
13 | on page 2, line 7, by changing " The Department shall determine " |
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1 | to " The Department's proposed rules must include a | ||||||
2 | determination of "; and | ||||||
3 | on page 2, line 12, by deleting " by rule and "; and | ||||||
4 | on page 2, line 17, by changing " By rule, the Department shall " | ||||||
5 | to " The Department's proposed rules must "; and | ||||||
6 | on page 2, line 19, by changing " The Department may, by rule, " | ||||||
7 | to " The Department's proposed rules may "; and | ||||||
8 | on page 4, by deleting lines 10 and 11; and | ||||||
9 | on page 6, immediately below line 3, by inserting the | ||||||
10 | following: | ||||||
11 | "(20 ILCS 1605/27.5 new) | ||||||
12 | Sec. 27.5. No rulemaking authority. Notwithstanding any | ||||||
13 | other provision of this Act or any other rulemaking authority | ||||||
14 | that may exist, on and after the effective date of this | ||||||
15 | amendatory Act of the 95th General Assembly, neither the | ||||||
16 | Governor nor any agency or agency head under the jurisdiction | ||||||
17 | of the Governor has any authority to make or promulgate rules | ||||||
18 | to implement or enforce the provisions of this Act. If, | ||||||
19 | however, the Department believes that rules are necessary to | ||||||
20 | implement or enforce the provisions of this Act, the Department |
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1 | may suggest rules to the General Assembly by filing them with | ||||||
2 | the Clerk of the House and Secretary of the Senate and by | ||||||
3 | requesting that the General Assembly authorize such rulemaking | ||||||
4 | by law, enact those suggested rules into law, or take any other | ||||||
5 | appropriate action in the General Assembly's discretion. | ||||||
6 | Nothing contained in this Act shall be interpreted to grant | ||||||
7 | rulemaking authority under any other Illinois statute where | ||||||
8 | such authority is not otherwise explicitly given. For the | ||||||
9 | purposes of this Act, "rules" is given the meaning contained in | ||||||
10 | Section 1-70 of the Illinois Administrative Procedure Act, and | ||||||
11 | "agency" and "agency head" are given the meanings contained in | ||||||
12 | Sections 1-20 and 1-25 of the Illinois Administrative Procedure | ||||||
13 | Act to the extent that such definitions apply to agencies or | ||||||
14 | agency heads under the jurisdiction of the Governor. ".
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