HB5164eng 95TH GENERAL ASSEMBLY

HB5164 Engrossed LRB095 16911 NHT 42955 b

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Public Community College Act is amended by changing Section 3-35 as follows:

(110 ILCS 805/3-35) (from Ch. 122, par. 103-35)

Sec. 3-35. Building availability; emergency purposes; cooperation with agencies. To make the buildings of the college available for emergency purposes, upon the request of the Illinois Emergency Management Agency or the State-accredited emergency management agency with jurisdiction use as civil defense shelters for all persons, and to cooperate in all matters with the Illinois Emergency Management Agency, local emergency management agencies, State-certified, local public health departments, the American Red Cross organizations for civil defense, and federal agencies concerned with emergency preparedness and response civil defense in all matters. Notwithstanding any other rulemaking authority that may exist, neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any authority to make or promulgate rules to implement or enforce the provisions of this amendatory Act of the 95th General Assembly. If, however, the Governor believes that rules are necessary to implement or enforce the provisions of this amendatory Act of the 95th General Assembly, the Governor may suggest rules to the General Assembly by filing them with the Clerk of the House and the Secretary of the Senate and by requesting that the General Assembly authorize such rulemaking by law, enact those suggested rules into law, or take any other appropriate action in the General Assembly's discretion. Nothing contained in this amendatory Act of the 95th General Assembly shall be interpreted to grant rulemaking authority under any other Illinois statute where such authority is not otherwise explicitly given. For the purposes of this amendatory Act of the 95th General Assembly, "rules" is given the meaning contained in Section 1-70 of the Illinois Administrative Procedure Act, and "agency" and "agency head" are given the meanings contained in Sections 1-20 and 1-25 of the Illinois Administrative Procedure Act to the extent that such definitions apply to agencies or agency heads under the jurisdiction of the Governor.

(Source: P.A. 87-168.)

Section 99. Effective date. This Act takes effect upon becoming law.