HB0966sam001 93RD GENERAL ASSEMBLY

Sen. Miguel del Valle

Filed: 5/20/2004

09300HB0966sam001 SDS093 00119 SLH 40070 a

AMENDMENT TO HOUSE BILL 966

AMENDMENT NO. ______. Amend House Bill 966 by replacing everything after the enacting clause with the following:

"Section 5. If and only if Executive Order No. 2004-6 becomes effective in accordance with Section 11 of Article V of the Illinois Constitution, then the Civil Administrative Code of Illinois is amended by adding Section 5-710 as follows:

(20 ILCS 5/5-710 new)

Sec. 5-710. Executive Order provision superseded.

(a) Executive Order No. 2004-6 creates the Department of Financial and Professional Regulation and, in subdivision I(B), provides in part: "The New Agency shall have an officer as its head known as the Secretary who shall be responsible for all agency Functions. Appointment to this office shall be made by the Governor, by and with the advice and consent of the Senate.".

(b) Executive Order No. 2004-6, in subdivision I(C), provides in part: "None of the four Directors, nor any such assistants or deputies, shall be state officers subject to Senate confirmation.".

(c) The sentence of subdivision I(C) of Executive Order 2004-6 that is quoted in subsection (b), to the extent that it exempts the appointments of the 4 Directors of the Department of Financial and Professional Regulation from Senate confirmation, is superseded by subsection (d) of this Section and is of no force or effect as to the appointment of the 4 Directors of the Department of Financial and Professional Regulation.

(d) In addition to appointments to the office of Secretary of Financial and Professional Regulation, appointments to the 4 offices of Director of Financial and Professional Regulation must each be made by the Governor, by and with the advice and consent of the Senate.

Section 99. Effective date. This Act takes effect upon becoming law.".