|   
 | 
Revenue Committee
Filed: 5/15/2008
 
 
 
| 
|  |  | 09500SB2875ham001 |  | LRB095 18332 HLH 50817 a |  | 
| 
 
 | 
| 1 |  | AMENDMENT TO SENATE BILL 2875 
 
 | 
| 2 |  |     AMENDMENT NO. ______. Amend Senate Bill 2875 on page 1,  | 
| 3 |  | line 12, by deleting "adopt rules to"; and
 | 
| 4 |  | on page 1, immediately below line 22, by inserting the  | 
| 5 |  | following: | 
| 6 |  |     "Notwithstanding any other rulemaking authority that may  | 
| 7 |  | exist, neither the Governor nor any agency or agency head under  | 
| 8 |  | the jurisdiction of the Governor has any authority to make or  | 
| 9 |  | promulgate rules to implement or enforce the provisions of this  | 
| 10 |  | amendatory Act of the 95th General Assembly.  If, however, the  | 
| 11 |  | Governor believes that rules are necessary to implement or  | 
| 12 |  | enforce the provisions of this amendatory Act of the 95th  | 
| 13 |  | General Assembly, the Governor may suggest rules to the General  | 
| 14 |  | Assembly by filing them with the Clerk of the House and the  | 
| 15 |  | Secretary of the Senate and by requesting that the General  | 
| 16 |  | Assembly authorize such rulemaking by law, enact those  | 
| 17 |  | suggested rules into law, or take any other appropriate action  | 
|     | 
| 
|  |  | 09500SB2875ham001 | - 2 - | LRB095 18332 HLH 50817 a |  | 
| 
 | 
| 1 |  | in the General Assembly's discretion.   Nothing contained in this  | 
| 2 |  | amendatory Act of the 95th General Assembly shall be  | 
| 3 |  | interpreted to grant rulemaking authority under any other  | 
| 4 |  | Illinois statute where such authority is not otherwise  | 
| 5 |  | explicitly given.  For the purposes of this paragraph, "rules"  | 
| 6 |  | is given the meaning contained in Section 1-70 of the Illinois  | 
| 7 |  | Administrative Procedure Act, and "agency" and "agency head"  | 
| 8 |  | are given the meanings contained in Sections 1-20 and 1-25 of  | 
| 9 |  | the Illinois Administrative Procedure Act to the extent that  | 
| 10 |  | such definitions apply to agencies or agency heads under the  | 
| 11 |  | jurisdiction of the Governor."; and
 | 
| 12 |  | on page 13, immediately below line 10, by inserting the  | 
| 13 |  | following: | 
| 14 |  |     "(h) Notwithstanding any other rulemaking authority that  | 
| 15 |  | may exist, neither the Governor nor any agency or agency head  | 
| 16 |  | under the jurisdiction of the Governor has any authority to  | 
| 17 |  | make or promulgate rules to implement or enforce the provisions  | 
| 18 |  | of this amendatory Act of the 95th General Assembly.  If,  | 
| 19 |  | however, the Governor believes that rules are necessary to  | 
| 20 |  | implement or enforce the provisions of this amendatory Act of  | 
| 21 |  | the 95th General Assembly, the Governor may suggest rules to  | 
| 22 |  | the General Assembly by filing them with the Clerk of the House  | 
| 23 |  | and the Secretary of the Senate and by requesting that the  | 
| 24 |  | General Assembly authorize such rulemaking by law, enact those  | 
| 25 |  | suggested rules into law, or take any other appropriate action  | 
|     | 
| 
|  |  | 09500SB2875ham001 | - 3 - | LRB095 18332 HLH 50817 a |  | 
| 
 | 
| 1 |  | in the General Assembly's discretion.   Nothing contained in this  | 
| 2 |  | amendatory Act of the 95th General Assembly shall be  | 
| 3 |  | interpreted to grant rulemaking authority under any other  | 
| 4 |  | Illinois statute where such authority is not otherwise  | 
| 5 |  | explicitly given.  For the purposes of this paragraph, "rules"  | 
| 6 |  | is given the meaning contained in Section 1-70 of the Illinois  | 
| 7 |  | Administrative Procedure Act, and "agency" and "agency head"  | 
| 8 |  | are given the meanings contained in Sections 1-20 and 1-25 of  | 
| 9 |  | the Illinois Administrative Procedure Act to the extent that  | 
| 10 |  | such definitions apply to agencies or agency heads under the  | 
| 11 |  | jurisdiction of the Governor."; and
 | 
| 12 |  | on page 13, immediately below line 19, by inserting the  | 
| 13 |  | following: | 
| 14 |  |     "Notwithstanding any other rulemaking authority that may  | 
| 15 |  | exist, neither the Governor nor any agency or agency head under  | 
| 16 |  | the jurisdiction of the Governor has any authority to make or  | 
| 17 |  | promulgate rules to implement or enforce the provisions of this  | 
| 18 |  | amendatory Act of the 95th General Assembly.  If, however, the  | 
| 19 |  | Governor believes that rules are necessary to implement or  | 
| 20 |  | enforce the provisions of this amendatory Act of the 95th  | 
| 21 |  | General Assembly, the Governor may suggest rules to the General  | 
| 22 |  | Assembly by filing them with the Clerk of the House and the  | 
| 23 |  | Secretary of the Senate and by requesting that the General  | 
| 24 |  | Assembly authorize such rulemaking by law, enact those  | 
| 25 |  | suggested rules into law, or take any other appropriate action  | 
|     | 
| 
|  |  | 09500SB2875ham001 | - 4 - | LRB095 18332 HLH 50817 a |  | 
| 
 | 
| 1 |  | in the General Assembly's discretion.   Nothing contained in this  | 
| 2 |  | amendatory Act of the 95th General Assembly shall be  | 
| 3 |  | interpreted to grant rulemaking authority under any other  | 
| 4 |  | Illinois statute where such authority is not otherwise  | 
| 5 |  | explicitly given.  For the purposes of this paragraph, "rules"  | 
| 6 |  | is given the meaning contained in Section 1-70 of the Illinois  | 
| 7 |  | Administrative Procedure Act, and "agency" and "agency head"  | 
| 8 |  | are given the meanings contained in Sections 1-20 and 1-25 of  | 
| 9 |  | the Illinois Administrative Procedure Act to the extent that  | 
| 10 |  | such definitions apply to agencies or agency heads under the  | 
| 11 |  | jurisdiction of the Governor."; and
 | 
| 12 |  | on page 18, immediately below line 19, by inserting the  | 
| 13 |  | following: | 
| 14 |  |     "(m)  Notwithstanding any other rulemaking authority that  | 
| 15 |  | may exist, neither the Governor nor any agency or agency head  | 
| 16 |  | under the jurisdiction of the Governor has any authority to  | 
| 17 |  | make or promulgate rules to implement or enforce the provisions  | 
| 18 |  | of this amendatory Act of the 95th General Assembly.  If,  | 
| 19 |  | however, the Governor believes that rules are necessary to  | 
| 20 |  | implement or enforce the provisions of this amendatory Act of  | 
| 21 |  | the 95th General Assembly, the Governor may suggest rules to  | 
| 22 |  | the General Assembly by filing them with the Clerk of the House  | 
| 23 |  | and the Secretary of the Senate and by requesting that the  | 
| 24 |  | General Assembly authorize such rulemaking by law, enact those  | 
| 25 |  | suggested rules into law, or take any other appropriate action  | 
|     | 
| 
|  |  | 09500SB2875ham001 | - 5 - | LRB095 18332 HLH 50817 a |  | 
| 
 | 
| 1 |  | in the General Assembly's discretion.   Nothing contained in this  | 
| 2 |  | amendatory Act of the 95th General Assembly shall be  | 
| 3 |  | interpreted to grant rulemaking authority under any other  | 
| 4 |  | Illinois statute where such authority is not otherwise  | 
| 5 |  | explicitly given.  For the purposes of this paragraph, "rules"  | 
| 6 |  | is given the meaning contained in Section 1-70 of the Illinois  | 
| 7 |  | Administrative Procedure Act, and "agency" and "agency head"  | 
| 8 |  | are given the meanings contained in Sections 1-20 and 1-25 of  | 
| 9 |  | the Illinois Administrative Procedure Act to the extent that  | 
| 10 |  | such definitions apply to agencies or agency heads under the  | 
| 11 |  | jurisdiction of the Governor."; and
 | 
| 12 |  | on page 24, immediately below line 2, by inserting the  | 
| 13 |  | following: | 
| 14 |  |     "Notwithstanding any other rulemaking authority that may  | 
| 15 |  | exist, neither the Governor nor any agency or agency head under  | 
| 16 |  | the jurisdiction of the Governor has any authority to make or  | 
| 17 |  | promulgate rules to implement or enforce the provisions of this  | 
| 18 |  | amendatory Act of the 95th General Assembly.  If, however, the  | 
| 19 |  | Governor believes that rules are necessary to implement or  | 
| 20 |  | enforce the provisions of this amendatory Act of the 95th  | 
| 21 |  | General Assembly, the Governor may suggest rules to the General  | 
| 22 |  | Assembly by filing them with the Clerk of the House and the  | 
| 23 |  | Secretary of the Senate and by requesting that the General  | 
| 24 |  | Assembly authorize such rulemaking by law, enact those  | 
| 25 |  | suggested rules into law, or take any other appropriate action  | 
|     | 
| 
|  |  | 09500SB2875ham001 | - 6 - | LRB095 18332 HLH 50817 a |  | 
| 
 | 
| 1 |  | in the General Assembly's discretion.   Nothing contained in this  | 
| 2 |  | amendatory Act of the 95th General Assembly shall be  | 
| 3 |  | interpreted to grant rulemaking authority under any other  | 
| 4 |  | Illinois statute where such authority is not otherwise  | 
| 5 |  | explicitly given.  For the purposes of this paragraph, "rules"  | 
| 6 |  | is given the meaning contained in Section 1-70 of the Illinois  | 
| 7 |  | Administrative Procedure Act, and "agency" and "agency head"  | 
| 8 |  | are given the meanings contained in Sections 1-20 and 1-25 of  | 
| 9 |  | the Illinois Administrative Procedure Act to the extent that  | 
| 10 |  | such definitions apply to agencies or agency heads under the  | 
| 11 |  | jurisdiction of the Governor.".
 |