Rep. Linda Chapa LaVia

Filed: 3/18/2008

 

 


 

 


 
09500HB4927ham003 LRB095 17165 RLC 48478 a

1
AMENDMENT TO HOUSE BILL 4927

2     AMENDMENT NO. ______. Amend House Bill 4927, AS AMENDED,
3 with reference to page and line numbers of House Amendment No.
4 2, on page 2, by inserting immediately below line 13 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
18 in the General Assembly's discretion. Nothing contained in this

 

 

09500HB4927ham003 - 2 - LRB095 17165 RLC 48478 a

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

 

 

09500HB4927ham003 - 3 - LRB095 17165 RLC 48478 a

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

 

 

09500HB4927ham003 - 4 - LRB095 17165 RLC 48478 a

1 amendatory Act of the 95th General Assembly shall be
2 interpreted to grant rulemaking authority under any other
3 Illinois statute where such authority is not otherwise
4 explicitly given. For the purposes of this Section, "rules" is
5 given the meaning contained in Section 1-70 of the Illinois
6 Administrative Procedure Act, and "agency" and "agency head"
7 are given the meanings contained in Sections 1-20 and 1-25 of
8 the Illinois Administrative Procedure Act to the extent that
9 such definitions apply to agencies or agency heads under the
10 jurisdiction of the Governor.".