Environmental Health Committee

Adopted in House Comm. on Mar 04, 2008

 

 


 

 


 
09500HB5369ham001 LRB095 19259 HLH 47156 a

1
AMENDMENT TO HOUSE BILL 5369

2     AMENDMENT NO. ______. Amend House Bill 5369 on page 4,
3 immediately below line 19, by inserting the following:
 
4     "Section 20. Rulemaking. Notwithstanding any other
5 rulemaking authority that may exist, neither the Governor nor
6 any agency or agency head under the jurisdiction of the
7 Governor has any authority to make or promulgate rules to
8 implement or enforce the provisions of this Act. If, however,
9 the Governor believes that rules are necessary to implement or
10 enforce the provisions of this Act, the Governor may suggest
11 rules to the General Assembly by filing them with the Clerk of
12 the House and the Secretary of the Senate and by requesting
13 that the General Assembly authorize such rulemaking by law,
14 enact those suggested rules into law, or take any other
15 appropriate action in the General Assembly's discretion.
16 Nothing contained in this Act shall be interpreted to grant
17 rulemaking authority under any other Illinois statute where

 

 

09500HB5369ham001 - 2 - LRB095 19259 HLH 47156 a

1 such authority is not otherwise explicitly given. For the
2 purposes of this paragraph, "rules" is given the meaning
3 contained in Section 1-70 of the Illinois Administrative
4 Procedure Act, and "agency" and "agency head" are given the
5 meanings contained in Sections 1-20 and 1-25 of the Illinois
6 Administrative Procedure Act to the extent that such
7 definitions apply to agencies or agency heads under the
8 jurisdiction of the Governor.".