Insurance Committee
Filed: 3/11/2008
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1 | AMENDMENT TO HOUSE BILL 5286
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2 | AMENDMENT NO. ______. Amend House Bill 5286, on page 1, | ||||||
3 | immediately below line 22, by inserting the following: | ||||||
4 | " Notwithstanding any other rulemaking authority that may | ||||||
5 | exist, neither the Governor nor any agency or agency head under | ||||||
6 | the jurisdiction of the Governor has any authority to make or | ||||||
7 | promulgate rules to implement or enforce the provisions of this | ||||||
8 | amendatory Act of the 95th General Assembly. If, however, the | ||||||
9 | Governor believes that rules are necessary to implement or | ||||||
10 | enforce the provisions of this amendatory Act of the 95th | ||||||
11 | General Assembly, the Governor may suggest rules to the General | ||||||
12 | Assembly by filing them with the Clerk of the House and the | ||||||
13 | Secretary of the Senate and by requesting that the General | ||||||
14 | Assembly authorize such rulemaking by law, enact those | ||||||
15 | suggested rules into law, or take any other appropriate action | ||||||
16 | in the General Assembly's discretion. Nothing contained in this | ||||||
17 | amendatory Act of the 95th General Assembly shall be | ||||||
18 | interpreted to grant rulemaking authority under any other |
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1 | Illinois statute where such authority is not otherwise | ||||||
2 | explicitly given. For the purposes of this amendatory Act of | ||||||
3 | the 95th General Assembly, "rules" is given the meaning | ||||||
4 | contained in Section 1-70 of the Illinois Administrative | ||||||
5 | Procedure Act, and "agency" and "agency head" are given the | ||||||
6 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
7 | Administrative Procedure Act to the extent that such | ||||||
8 | definitions apply to agencies or agency heads under the | ||||||
9 | jurisdiction of the Governor. "; and
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10 | on page 3, line 17, by deleting " (a) "; and | ||||||
11 | on page 4, by deleting lines 11 through 15; and | ||||||
12 | on page 5, immediately below line 8, by inserting the | ||||||
13 | following: | ||||||
14 | "(215 ILCS 5/1520 new) | ||||||
15 | Sec. 1520. No authority to make or promulgate rules. | ||||||
16 | Notwithstanding any other rulemaking authority that may exist, | ||||||
17 | neither the Governor nor any agency or agency head under the | ||||||
18 | jurisdiction of the Governor has any authority to make or | ||||||
19 | promulgate rules to implement or enforce the provisions of this | ||||||
20 | Article. If, however, the Governor believes that rules are | ||||||
21 | necessary to implement or enforce the provisions of this | ||||||
22 | Article, the Governor may suggest rules to the General Assembly |
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1 | by filing them with the Clerk of the House and Secretary of the | ||||||
2 | Senate and by requesting that the General Assembly authorize | ||||||
3 | such rulemaking by law, enact those suggested rules into law, | ||||||
4 | or take any other appropriate action in the General Assembly's | ||||||
5 | discretion. Nothing contained in this Article shall be | ||||||
6 | interpreted to grant rulemaking authority under any other | ||||||
7 | Illinois statute where such authority is not otherwise | ||||||
8 | explicitly given. For the purposes of this Article, "rules" is | ||||||
9 | given the meaning contained in Section 1-70 of the Illinois | ||||||
10 | Administrative Procedure Act, and "agency" and "agency head" | ||||||
11 | are given the meanings contained in Sections 1-20 and 1-25 of | ||||||
12 | the Illinois Administrative Procedure Act to the extent that | ||||||
13 | such definitions apply to agencies or agency heads under the | ||||||
14 | jurisdiction of the Governor. ".
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