Environmental Health Committee
Adopted in House Comm. on Mar 04, 2008
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1 | AMENDMENT TO HOUSE BILL 5348
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2 | AMENDMENT NO. ______. Amend House Bill 5348 as follows: | ||||||
3 | on page 11, immediately below line 7, by inserting the | ||||||
4 | following:
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5 | "Section 50. No rulemaking authority. Notwithstanding any | ||||||
6 | other rulemaking authority that may exist, neither the Governor | ||||||
7 | nor any agency or agency head under the jurisdiction of the | ||||||
8 | Governor has any authority to make or promulgate rules to | ||||||
9 | implement or enforce the provisions of this Act. If, however, | ||||||
10 | the Governor believes that rules are necessary to implement or | ||||||
11 | enforce the provisions of this Act, the Governor may suggest | ||||||
12 | rules to the General Assembly by filing them with the Clerk of | ||||||
13 | the House and the Secretary of the Senate and by requesting | ||||||
14 | that the General Assembly authorize such rulemaking by law, | ||||||
15 | enact those suggested rules into law, or take any other | ||||||
16 | appropriate action in the General Assembly's discretion. |
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1 | Nothing contained in this Act shall be interpreted to grant | ||||||
2 | rulemaking authority under any other Illinois statute where | ||||||
3 | such authority is not otherwise explicitly given. For the | ||||||
4 | purposes of this Section, "rules" is given the meaning | ||||||
5 | contained in Section 1-70 of the Illinois Administrative | ||||||
6 | Procedure Act, and "agency" and "agency head" are given the | ||||||
7 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
8 | Administrative Procedure Act to the extent that such | ||||||
9 | definitions apply to agencies or agency heads under the | ||||||
10 | jurisdiction of the Governor."; and | ||||||
11 | on page 18, by replacing lines 17 through 21 with the | ||||||
12 | following: | ||||||
13 | " prescribed by the Agency. The Governor, in coordination with | ||||||
14 | the Agency, must propose rules for processing petitions | ||||||
15 | submitted pursuant to this subsection
(h). The proposed rules | ||||||
16 | may, but are not required to, include provisions
allowing for | ||||||
17 | the submission of written public comments on the
petitions. | ||||||
18 | Notwithstanding any other rulemaking authority that may exist, | ||||||
19 | neither the Governor nor any agency or agency head under the | ||||||
20 | jurisdiction of the Governor has any authority to make or | ||||||
21 | promulgate rules to implement or enforce the provisions of this | ||||||
22 | amendatory Act of the 95th General Assembly. If, however, the | ||||||
23 | Governor believes that rules are necessary to implement or | ||||||
24 | enforce the provisions of this amendatory Act of the 95th | ||||||
25 | General Assembly, the Governor may propose rules to the General |
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1 | Assembly by filing them with the Clerk of the House and the | ||||||
2 | Secretary of the Senate and by requesting that the General | ||||||
3 | Assembly authorize such rulemaking by law, enact those proposed | ||||||
4 | rules into law, or take any other appropriate action in the | ||||||
5 | General Assembly's discretion. Nothing contained in this | ||||||
6 | amendatory Act of the 95th General Assembly shall be | ||||||
7 | interpreted to grant rulemaking authority under any other | ||||||
8 | Illinois statute where such authority is not otherwise | ||||||
9 | explicitly given. For the purposes of this subsection, "rules" | ||||||
10 | is given the meaning contained in Section 1-70 of the Illinois | ||||||
11 | Administrative Procedure Act, and "agency" and "agency head" | ||||||
12 | are given the meanings contained in Sections 1-20 and 1-25 of | ||||||
13 | the Illinois Administrative Procedure Act to the extent that | ||||||
14 | such definitions apply to agencies or agency heads under the | ||||||
15 | jurisdiction of the Governor. ".
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