Gaming Committee
Filed: 3/12/2008
 
 

 




 

 		












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AMENDMENT TO HOUSE BILL 4128




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    AMENDMENT NO. ______. Amend House Bill 4128 as follows:


 
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on page 1, line 5, by changing "and 7.15" to "7.15, and 27.5"; 
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and
 
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on page 1, line 11, by changing "adopt rules" to "propose rules 
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to the General Assembly"; and
 
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on page 1, line 13, by changing "rules" to "proposed rules"; 
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and
 
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on page 1, by replacing lines 21 through 23 with the following:
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"Department shall be offered to Internet players, and 
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additional lottery games may be offered through the electronic 
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distribution"; and
 
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on page 2, line 7, by changing "The Department shall determine" 
 


 






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to "The Department's proposed rules must include a 
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determination of"; and
 
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on page 2, line 12, by deleting "by rule and"; and
 
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on page 2, line 17, by changing "By rule, the Department shall" 
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to "The Department's proposed rules must"; and
 
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on page 2, line 19, by changing "The Department may, by rule," 
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to "The Department's proposed rules may"; and
 
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on page 4, by deleting lines 10 and 11; and
 
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on page 6, immediately below line 3, by inserting the 
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following:
 
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    "(20 ILCS 1605/27.5  new)
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    Sec. 27.5. No rulemaking authority. Notwithstanding any 
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other provision of this Act or any other rulemaking authority 
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that may exist, on and after the effective date of this 
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amendatory Act of the 95th General Assembly, neither the 
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Governor nor any agency or agency head under the jurisdiction 
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of the Governor has any authority to make or promulgate rules 
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to implement or enforce the provisions of this Act.  If, 
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however, the Department believes that rules are necessary to 
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implement or enforce the provisions of this Act, the Department 
 


 






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may suggest rules to the General Assembly by filing them with 
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the Clerk of the House and Secretary of the Senate and by 
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requesting that the General Assembly authorize such rulemaking 
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by law, enact those suggested rules into law, or take any other 
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appropriate action in the General Assembly's discretion.   
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Nothing contained in this Act shall be interpreted to grant 
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rulemaking authority under any other Illinois statute where 
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such authority is not otherwise explicitly given.  For the 
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purposes of this Act, "rules" is given the meaning contained in 
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Section 1-70 of the Illinois Administrative Procedure Act, and 
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"agency" and "agency head" are given the meanings contained in 
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Sections 1-20 and 1-25 of the Illinois Administrative Procedure 
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Act to the extent that such definitions apply to agencies or 
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agency heads under the jurisdiction of the Governor.".