HB4128ham001 95TH GENERAL ASSEMBLY

Gaming Committee

Filed: 3/12/2008

09500HB4128ham001 LRB095 12878 BDD 48258 a

AMENDMENT TO HOUSE BILL 4128

AMENDMENT NO. ______. Amend House Bill 4128 as follows:

on page 1, line 5, by changing "and 7.15" to "7.15, and 27.5"; and

on page 1, line 11, by changing "adopt rules" to "propose rules to the General Assembly"; and

on page 1, line 13, by changing "rules" to "proposed rules"; and

on page 1, by replacing lines 21 through 23 with the following: "Department shall be offered to Internet players, and additional lottery games may be offered through the electronic distribution"; and

on page 2, line 7, by changing "The Department shall determine" to "The Department's proposed rules must include a determination of"; and

on page 2, line 12, by deleting "by rule and"; and

on page 2, line 17, by changing "By rule, the Department shall" to "The Department's proposed rules must"; and

on page 2, line 19, by changing "The Department may, by rule," to "The Department's proposed rules may"; and

on page 4, by deleting lines 10 and 11; and

on page 6, immediately below line 3, by inserting the following:

"(20 ILCS 1605/27.5 new)

Sec. 27.5. No rulemaking authority. Notwithstanding any other provision of this Act or any other rulemaking authority that may exist, on and after the effective date of this amendatory Act of the 95th General Assembly, 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 Act. If, however, the Department believes that rules are necessary to implement or enforce the provisions of this Act, the Department may suggest rules to the General Assembly by filing them with the Clerk of the House and 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 Act 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 Act, "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.".