Health Care Availability and Access Committee
Filed: 3/11/2008
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1 | AMENDMENT TO HOUSE BILL 5938
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2 | AMENDMENT NO. ______. Amend House Bill 5938 by deleting | ||||||
3 | lines 8 through 25 on page 11 and lines 1 through 7 on page 12; | ||||||
4 | and
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5 | on page 12, by replacing lines 10 and 11 with the following: | ||||||
6 | "cards to qualifying patients who submit the following:"; and | ||||||
7 | on page 21, by deleting lines 21 through 25; and | ||||||
8 | on page 22, line 1, by replacing "(b)" with "(a)"; and | ||||||
9 | on page 22, line 8, by replacing "(c)" with "(b)"; and | ||||||
10 | on page 22, by replacing lines 10 and 11 with the following: | ||||||
11 | "applications, a notarized"; and | ||||||
12 | on page 24, by replacing lines 6 and 7 with the following: |
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1 | "medical marijuana organization. The"; and | ||||||
2 | by replacing lines 17 through 26 on page 25 and lines 1 through | ||||||
3 | 8 on page 26 with the following: | ||||||
4 | "(c) No rule making authority. 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 | ||||||
18 | such authority is not otherwise explicitly given. For the | ||||||
19 | purposes of this Act, "rules" is given the meaning contained in | ||||||
20 | Section 1-70 of the Illinois Administrative Procedure Act, and | ||||||
21 | "agency" and "agency head" are given the meanings contained in | ||||||
22 | Sections 1-20 and 1-25 of the Illinois Administrative Procedure | ||||||
23 | Act to the extent that such definitions apply to agencies or | ||||||
24 | agency heads under the jurisdiction of the Governor."; and |
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1 | on page 32, by inserting immediately below line 20 the | ||||||
2 | following: | ||||||
3 | " (3) Notwithstanding any other rulemaking authority that | ||||||
4 | may exist, neither the Governor nor any agency or agency head | ||||||
5 | under the jurisdiction of the Governor has any authority to | ||||||
6 | make or promulgate rules to implement or enforce the provisions | ||||||
7 | of this amendatory Act of the 95th General Assembly. If, | ||||||
8 | however, the Governor believes that rules are necessary to | ||||||
9 | implement or enforce the provisions of this amendatory Act of | ||||||
10 | the 95th General Assembly, the Governor may suggest rules to | ||||||
11 | the General Assembly by filing them with the Clerk of the House | ||||||
12 | and the Secretary of the Senate and by requesting that the | ||||||
13 | General Assembly authorize such rulemaking by law, enact those | ||||||
14 | suggested rules into law, or take any other appropriate action | ||||||
15 | in the General Assembly's discretion. Nothing contained in this | ||||||
16 | amendatory Act of the 95th General Assembly shall be | ||||||
17 | interpreted to grant rulemaking authority under any other | ||||||
18 | Illinois statute where such authority is not otherwise | ||||||
19 | explicitly given. For the purposes of this Section, "rules" is | ||||||
20 | given the meaning contained in Section 1-70 of the Illinois | ||||||
21 | Administrative Procedure Act, and "agency" and "agency head" | ||||||
22 | are given the meanings contained in Sections 1-20 and 1-25 of | ||||||
23 | the Illinois Administrative Procedure Act to the extent that | ||||||
24 | such definitions apply to agencies or agency heads under the | ||||||
25 | jurisdiction of the Governor. ".
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