Elementary & Secondary Education Committee
Filed: 3/5/2008
 
 

 




 

 		












09500HB5367ham001

LRB095 16274 NHT 47077 a






1

AMENDMENT TO HOUSE BILL 5367 




2
    AMENDMENT NO. ______. Amend House Bill 5367 on page 1, line 
3
23, before the period, by inserting "as it exists before the 
4
effective date of this amendatory Act of the 95th General 
5
Assembly"; and


 
6
on page 1, immediately below line 23, by inserting the 
7
following:
8
    "Notwithstanding any other rulemaking authority that may 
9
exist, neither the Governor nor any agency or agency head under 
10
the jurisdiction of the Governor has any authority to make or 
11
promulgate rules to implement or enforce the provisions of this 
12
amendatory Act of the 95th General Assembly.  If, however, the 
13
Governor believes that rules are necessary to implement or 
14
enforce the provisions of this amendatory Act of the 95th 
15
General Assembly, the Governor may suggest rules to the General 
16
Assembly by filing them with the Clerk of the House and the 
17
Secretary of the Senate and by requesting that the General 
 


 






09500HB5367ham001
- 2 -
LRB095 16274 NHT 47077 a




1
Assembly authorize such rulemaking by law, enact those 
2
suggested rules into law, or take any other appropriate action 
3
in the General Assembly's discretion.   Nothing contained in this 
4
amendatory Act of the 95th General Assembly shall be 
5
interpreted to grant rulemaking authority under any other 
6
Illinois statute where such authority is not otherwise 
7
explicitly given.  For the purposes of this amendatory Act of 
8
the 95th General Assembly, "rules" is given the meaning 
9
contained in Section 1-70 of the Illinois Administrative 
10
Procedure Act, and "agency" and "agency head" are given the 
11
meanings contained in Sections 1-20 and 1-25 of the Illinois 
12
Administrative Procedure Act to the extent that such 
13
definitions apply to agencies or agency heads under the 
14
jurisdiction of the Governor.".