Revenue Committee

Filed: 5/15/2008

 

 


 

 


 
09500SB2875ham001 LRB095 18332 HLH 50817 a

1
AMENDMENT TO SENATE BILL 2875

2     AMENDMENT NO. ______. Amend Senate Bill 2875 on page 1,
3 line 12, by deleting "adopt rules to"; and
 
4 on page 1, immediately below line 22, by inserting the
5 following:
6     "Notwithstanding any other rulemaking authority that may
7 exist, neither the Governor nor any agency or agency head under
8 the jurisdiction of the Governor has any authority to make or
9 promulgate rules to implement or enforce the provisions of this
10 amendatory Act of the 95th General Assembly. If, however, the
11 Governor believes that rules are necessary to implement or
12 enforce the provisions of this amendatory Act of the 95th
13 General Assembly, the Governor may suggest rules to the General
14 Assembly by filing them with the Clerk of the House and the
15 Secretary of the Senate and by requesting that the General
16 Assembly authorize such rulemaking by law, enact those
17 suggested rules into law, or take any other appropriate action

 

 

09500SB2875ham001 - 2 - LRB095 18332 HLH 50817 a

1 in the General Assembly's discretion. Nothing contained in this
2 amendatory Act of the 95th General Assembly shall be
3 interpreted to grant rulemaking authority under any other
4 Illinois statute where such authority is not otherwise
5 explicitly given. For the purposes of this paragraph, "rules"
6 is given the meaning contained in Section 1-70 of the Illinois
7 Administrative Procedure Act, and "agency" and "agency head"
8 are given the meanings contained in Sections 1-20 and 1-25 of
9 the Illinois Administrative Procedure Act to the extent that
10 such definitions apply to agencies or agency heads under the
11 jurisdiction of the Governor."; and
 
12 on page 13, immediately below line 10, by inserting the
13 following:
14     "(h) Notwithstanding any other rulemaking authority that
15 may exist, neither the Governor nor any agency or agency head
16 under the jurisdiction of the Governor has any authority to
17 make or promulgate rules to implement or enforce the provisions
18 of this amendatory Act of the 95th General Assembly. If,
19 however, the Governor believes that rules are necessary to
20 implement or enforce the provisions of this amendatory Act of
21 the 95th General Assembly, the Governor may suggest rules to
22 the General Assembly by filing them with the Clerk of the House
23 and the Secretary of the Senate and by requesting that the
24 General Assembly authorize such rulemaking by law, enact those
25 suggested rules into law, or take any other appropriate action

 

 

09500SB2875ham001 - 3 - LRB095 18332 HLH 50817 a

1 in the General Assembly's discretion. Nothing contained in this
2 amendatory Act of the 95th General Assembly shall be
3 interpreted to grant rulemaking authority under any other
4 Illinois statute where such authority is not otherwise
5 explicitly given. For the purposes of this paragraph, "rules"
6 is given the meaning contained in Section 1-70 of the Illinois
7 Administrative Procedure Act, and "agency" and "agency head"
8 are given the meanings contained in Sections 1-20 and 1-25 of
9 the Illinois Administrative Procedure Act to the extent that
10 such definitions apply to agencies or agency heads under the
11 jurisdiction of the Governor."; and
 
12 on page 13, immediately below line 19, by inserting the
13 following:
14     "Notwithstanding any other rulemaking authority that may
15 exist, neither the Governor nor any agency or agency head under
16 the jurisdiction of the Governor has any authority to make or
17 promulgate rules to implement or enforce the provisions of this
18 amendatory Act of the 95th General Assembly. If, however, the
19 Governor believes that rules are necessary to implement or
20 enforce the provisions of this amendatory Act of the 95th
21 General Assembly, the Governor may suggest rules to the General
22 Assembly by filing them with the Clerk of the House and the
23 Secretary of the Senate and by requesting that the General
24 Assembly authorize such rulemaking by law, enact those
25 suggested rules into law, or take any other appropriate action

 

 

09500SB2875ham001 - 4 - LRB095 18332 HLH 50817 a

1 in the General Assembly's discretion. Nothing contained in this
2 amendatory Act of the 95th General Assembly shall be
3 interpreted to grant rulemaking authority under any other
4 Illinois statute where such authority is not otherwise
5 explicitly given. For the purposes of this paragraph, "rules"
6 is given the meaning contained in Section 1-70 of the Illinois
7 Administrative Procedure Act, and "agency" and "agency head"
8 are given the meanings contained in Sections 1-20 and 1-25 of
9 the Illinois Administrative Procedure Act to the extent that
10 such definitions apply to agencies or agency heads under the
11 jurisdiction of the Governor."; and
 
12 on page 18, immediately below line 19, by inserting the
13 following:
14     "(m) Notwithstanding any other rulemaking authority that
15 may exist, neither the Governor nor any agency or agency head
16 under the jurisdiction of the Governor has any authority to
17 make or promulgate rules to implement or enforce the provisions
18 of this amendatory Act of the 95th General Assembly. If,
19 however, the Governor believes that rules are necessary to
20 implement or enforce the provisions of this amendatory Act of
21 the 95th General Assembly, the Governor may suggest rules to
22 the General Assembly by filing them with the Clerk of the House
23 and the Secretary of the Senate and by requesting that the
24 General Assembly authorize such rulemaking by law, enact those
25 suggested rules into law, or take any other appropriate action

 

 

09500SB2875ham001 - 5 - LRB095 18332 HLH 50817 a

1 in the General Assembly's discretion. Nothing contained in this
2 amendatory Act of the 95th General Assembly shall be
3 interpreted to grant rulemaking authority under any other
4 Illinois statute where such authority is not otherwise
5 explicitly given. For the purposes of this paragraph, "rules"
6 is given the meaning contained in Section 1-70 of the Illinois
7 Administrative Procedure Act, and "agency" and "agency head"
8 are given the meanings contained in Sections 1-20 and 1-25 of
9 the Illinois Administrative Procedure Act to the extent that
10 such definitions apply to agencies or agency heads under the
11 jurisdiction of the Governor."; and
 
12 on page 24, immediately below line 2, by inserting the
13 following:
14     "Notwithstanding any other rulemaking authority that may
15 exist, neither the Governor nor any agency or agency head under
16 the jurisdiction of the Governor has any authority to make or
17 promulgate rules to implement or enforce the provisions of this
18 amendatory Act of the 95th General Assembly. If, however, the
19 Governor believes that rules are necessary to implement or
20 enforce the provisions of this amendatory Act of the 95th
21 General Assembly, the Governor may suggest rules to the General
22 Assembly by filing them with the Clerk of the House and the
23 Secretary of the Senate and by requesting that the General
24 Assembly authorize such rulemaking by law, enact those
25 suggested rules into law, or take any other appropriate action

 

 

09500SB2875ham001 - 6 - LRB095 18332 HLH 50817 a

1 in the General Assembly's discretion. Nothing contained in this
2 amendatory Act of the 95th General Assembly shall be
3 interpreted to grant rulemaking authority under any other
4 Illinois statute where such authority is not otherwise
5 explicitly given. For the purposes of this paragraph, "rules"
6 is given the meaning contained in Section 1-70 of the Illinois
7 Administrative Procedure Act, and "agency" and "agency head"
8 are given the meanings contained in Sections 1-20 and 1-25 of
9 the Illinois Administrative Procedure Act to the extent that
10 such definitions apply to agencies or agency heads under the
11 jurisdiction of the Governor.".