Illinois General Assembly - Full Text of HB2088
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Full Text of HB2088  95th General Assembly

HB2088ham002 95TH GENERAL ASSEMBLY

Rep. Eddie Washington

Filed: 3/4/2008

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2088

2     AMENDMENT NO. ______. Amend House Bill 2088 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Department of Natural Resources Act is
5 amended by adding Section 5-20 as follows:
 
6     (20 ILCS 801/5-20 new)
7     Sec. 5-20. Waukegan Harbor; rules.
8     (a) The Department may not enter into any contract or incur
9 any obligation or expend any moneys for the purpose of dredging
10 or cleanup of the Waukegan Harbor unless the associated harbor
11 or waterway is maintained as a commercially navigable harbor
12 that has a minimum depth of 23 feet and that is accessible to
13 commercial vessels and to those seeking a harbor of refuge for
14 safety purposes.
15     (b) Notwithstanding any other rulemaking authority that
16 may exist, neither the Governor nor any agency or agency head

 

 

09500HB2088ham002 - 2 - LRB095 01063 BDD 46730 a

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