HB4437ham001 95TH GENERAL ASSEMBLY

Elementary & Secondary Education Committee

Filed: 2/27/2008

 

 


 

 


 
09500HB4437ham001 LRB095 14163 NHT 46490 a

1
AMENDMENT TO HOUSE BILL 4437

2     AMENDMENT NO. ______. Amend House Bill 4437 on page 1, line
3 11, after the period, by inserting the following:
4 "Notwithstanding any other rulemaking authority that may
5 exist, neither the Governor nor any agency or agency head under
6 the jurisdiction of the Governor has any authority to make or
7 promulgate rules to implement or enforce the provisions of this
8 amendatory Act of the 95th General Assembly. If, however, the
9 Governor believes that rules are necessary to implement or
10 enforce the provisions of this amendatory Act of the 95th
11 General Assembly, the Governor may suggest rules to the General
12 Assembly by filing them with the Clerk of the House and the
13 Secretary of the Senate and by requesting that the General
14 Assembly authorize such rulemaking by law, enact those
15 suggested rules into law, or take any other appropriate action
16 in the General Assembly's discretion. Nothing contained in this
17 amendatory Act of the 95th General Assembly shall be
18 interpreted to grant rulemaking authority under any other

 

 

09500HB4437ham001 - 2 - LRB095 14163 NHT 46490 a

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

 

 

09500HB4437ham001 - 3 - LRB095 14163 NHT 46490 a

1 Illinois statute where such authority is not otherwise
2 explicitly given. For the purposes of this paragraph, "rules"
3 is given the meaning contained in Section 1-70 of the Illinois
4 Administrative Procedure Act, and "agency" and "agency head"
5 are given the meanings contained in Sections 1-20 and 1-25 of
6 the Illinois Administrative Procedure Act to the extent that
7 such definitions apply to agencies or agency heads under the
8 jurisdiction of the Governor.".