Elementary & Secondary Education Committee

Adopted in House Comm. on May 14, 2008

 

 


 

 


 
09500SB2858ham001 LRB095 19212 NHT 50765 a

1
AMENDMENT TO SENATE BILL 2858

2     AMENDMENT NO. ______. Amend Senate Bill 2858 as follows:
 
3 on page 1, lines 18 and 19, by replacing "adopt rules for the
4 elimination of" with "ban"; and
 
5 on page 1, line 21, by replacing "for the elimination of" with
6 "ban"; and
 
7 on page 2, immediately below line 3, by inserting the
8 following:
9     "(c) Notwithstanding any other rulemaking authority that
10 may exist, neither the Governor nor any agency or agency head
11 under the jurisdiction of the Governor has any authority to
12 make or promulgate rules to implement or enforce the provisions
13 of this amendatory Act of the 95th General Assembly. If,
14 however, the Governor believes that rules are necessary to
15 implement or enforce the provisions of this amendatory Act of

 

 

09500SB2858ham001 - 2 - LRB095 19212 NHT 50765 a

1 the 95th General Assembly, the Governor may suggest rules to
2 the General Assembly by filing them with the Clerk of the House
3 and the Secretary of the Senate and by requesting that the
4 General Assembly authorize such rulemaking by law, enact those
5 suggested rules into law, or take any other appropriate action
6 in the General Assembly's discretion. Nothing contained in this
7 amendatory Act of the 95th General Assembly shall be
8 interpreted to grant rulemaking authority under any other
9 Illinois statute where such authority is not otherwise
10 explicitly given. For the purposes of this amendatory Act of
11 the 95th General Assembly, "rules" is given the meaning
12 contained in Section 1-70 of the Illinois Administrative
13 Procedure Act, and "agency" and "agency head" are given the
14 meanings contained in Sections 1-20 and 1-25 of the Illinois
15 Administrative Procedure Act to the extent that such
16 definitions apply to agencies or agency heads under the
17 jurisdiction of the Governor.".