Environment & Energy Committee

Filed: 3/5/2008





09500HB4762ham001 LRB095 17722 RAS 47435 a


2     AMENDMENT NO. ______. Amend House Bill 4762 on page 11, by
3 replacing lines 25 and 26 as follows:
4     "(o) A majority of Board members constitutes a quorum. A
5 quorum is required for all Board"; and
6 on page 17, lines 2 and 3, by deleting "as established by
7 rule,"; and
8 on page 18, immediately below line 5, by inserting the
9 following:
10     "(d) Notwithstanding any other rulemaking authority that
11 may exist, neither the Governor nor any agency or agency head
12 under the jurisdiction of the Governor has any authority to
13 make or promulgate rules to implement or enforce the provisions
14 of this amendatory Act of the 95th General Assembly. If,
15 however, the Governor believes that rules are necessary to
16 implement or enforce the provisions of this amendatory Act of



09500HB4762ham001 - 2 - LRB095 17722 RAS 47435 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."; and
18 on page 20, by replacing lines 11 through 14 with "application
19 and by paying the required fee.".