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Judiciary I - Civil Law Committee
Adopted in House Comm. on May 14, 2008
 
 
 
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|  |  | 09500SB2827ham001 |  | LRB095 19282 DRJ 50162 a |  | 
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| 1 |  | AMENDMENT TO SENATE BILL 2827
 
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| 2 |  |     AMENDMENT NO. ______. Amend Senate Bill 2827 on page 3,  | 
| 3 |  | after line 14, by inserting the following:
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| 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  | 
| 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  | 
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|  |  | 09500SB2827ham001 | - 2 - | LRB095 19282 DRJ 50162 a |  | 
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| 1 |  | Illinois statute where such authority is not otherwise  | 
| 2 |  | explicitly given.  For the purposes of this amendatory Act of  | 
| 3 |  | the 95th General Assembly, "rules" is given the meaning  | 
| 4 |  | contained in Section 1-70 of the Illinois Administrative  | 
| 5 |  | Procedure Act, and "agency" and "agency head" are given the  | 
| 6 |  | meanings contained in Sections 1-20 and 1-25 of the Illinois  | 
| 7 |  | Administrative Procedure Act to the extent that such  | 
| 8 |  | definitions apply to agencies or agency heads under the  | 
| 9 |  | jurisdiction of the Governor."; and
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| 10 |  | on page 9, after line 18, by inserting the following: | 
| 11 |  |     "(10) Notwithstanding any other rulemaking authority that  | 
| 12 |  | may exist, neither the Governor nor any agency or agency head  | 
| 13 |  | under the jurisdiction of the Governor has any authority to  | 
| 14 |  | make or promulgate rules to implement or enforce the provisions  | 
| 15 |  | of this amendatory Act of the 95th General Assembly.  If,  | 
| 16 |  | however, the Governor believes that rules are necessary to  | 
| 17 |  | implement or enforce the provisions of this amendatory Act of  | 
| 18 |  | the 95th General Assembly, the Governor may suggest rules to  | 
| 19 |  | the General Assembly by filing them with the Clerk of the House  | 
| 20 |  | and 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  | 
|     | 
| 
|  |  | 09500SB2827ham001 | - 3 - | LRB095 19282 DRJ 50162 a |  | 
| 
 | 
| 1 |  | Illinois statute where such authority is not otherwise  | 
| 2 |  | explicitly given.  For the purposes of this amendatory Act of  | 
| 3 |  | the 95th General Assembly, "rules" is given the meaning  | 
| 4 |  | contained in Section 1-70 of the Illinois Administrative  | 
| 5 |  | Procedure Act, and "agency" and "agency head" are given the  | 
| 6 |  | meanings contained in Sections 1-20 and 1-25 of the Illinois  | 
| 7 |  | Administrative Procedure Act to the extent that such  | 
| 8 |  | definitions apply to agencies or agency heads under the  | 
| 9 |  | jurisdiction of the Governor."; and
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| 10 |  | on page 14, after line 17, by inserting the following: | 
| 11 |  |     "(k) Notwithstanding any other rulemaking authority that  | 
| 12 |  | may exist, neither the Governor nor any agency or agency head  | 
| 13 |  | under the jurisdiction of the Governor has any authority to  | 
| 14 |  | make or promulgate rules to implement or enforce the provisions  | 
| 15 |  | of this amendatory Act of the 95th General Assembly.  If,  | 
| 16 |  | however, the Governor believes that rules are necessary to  | 
| 17 |  | implement or enforce the provisions of this amendatory Act of  | 
| 18 |  | the 95th General Assembly, the Governor may suggest rules to  | 
| 19 |  | the General Assembly by filing them with the Clerk of the House  | 
| 20 |  | and 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  | 
|     | 
| 
|  |  | 09500SB2827ham001 | - 4 - | LRB095 19282 DRJ 50162 a |  | 
| 
 | 
| 1 |  | Illinois statute where such authority is not otherwise  | 
| 2 |  | explicitly given.  For the purposes of this amendatory Act of  | 
| 3 |  | the 95th General Assembly, "rules" is given the meaning  | 
| 4 |  | contained in Section 1-70 of the Illinois Administrative  | 
| 5 |  | Procedure Act, and "agency" and "agency head" are given the  | 
| 6 |  | meanings contained in Sections 1-20 and 1-25 of the Illinois  | 
| 7 |  | Administrative Procedure Act to the extent that such  | 
| 8 |  | definitions apply to agencies or agency heads under the  | 
| 9 |  | jurisdiction of the Governor."; and
 | 
| 10 |  | on page 16, after line 19, by inserting the following: | 
| 11 |  |     "(i) Notwithstanding any other rulemaking authority that  | 
| 12 |  | may exist, neither the Governor nor any agency or agency head  | 
| 13 |  | under the jurisdiction of the Governor has any authority to  | 
| 14 |  | make or promulgate rules to implement or enforce the provisions  | 
| 15 |  | of this amendatory Act of the 95th General Assembly.  If,  | 
| 16 |  | however, the Governor believes that rules are necessary to  | 
| 17 |  | implement or enforce the provisions of this amendatory Act of  | 
| 18 |  | the 95th General Assembly, the Governor may suggest rules to  | 
| 19 |  | the General Assembly by filing them with the Clerk of the House  | 
| 20 |  | and 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  | 
|     | 
| 
|  |  | 09500SB2827ham001 | - 5 - | LRB095 19282 DRJ 50162 a |  | 
| 
 | 
| 1 |  | Illinois statute where such authority is not otherwise  | 
| 2 |  | explicitly given.  For the purposes of this amendatory Act of  | 
| 3 |  | the 95th General Assembly, "rules" is given the meaning  | 
| 4 |  | contained in Section 1-70 of the Illinois Administrative  | 
| 5 |  | Procedure Act, and "agency" and "agency head" are given the  | 
| 6 |  | meanings contained in Sections 1-20 and 1-25 of the Illinois  | 
| 7 |  | Administrative Procedure Act to the extent that such  | 
| 8 |  | definitions apply to agencies or agency heads under the  | 
| 9 |  | jurisdiction of the Governor.".
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