HB5938ham001 95TH GENERAL ASSEMBLY

Health Care Availability and Access Committee

Filed: 3/11/2008

09500HB5938ham001 LRB095 20022 RLC 48061 a

AMENDMENT TO HOUSE BILL 5938

AMENDMENT NO. ______. Amend House Bill 5938 by deleting lines 8 through 25 on page 11 and lines 1 through 7 on page 12; and

on page 12, by replacing lines 10 and 11 with the following: "cards to qualifying patients who submit the following:"; and

on page 21, by deleting lines 21 through 25; and

on page 22, line 1, by replacing "(b)" with "(a)"; and

on page 22, line 8, by replacing "(c)" with "(b)"; and

on page 22, by replacing lines 10 and 11 with the following: "applications, a notarized"; and

on page 24, by replacing lines 6 and 7 with the following: "medical marijuana organization. The"; and

by replacing lines 17 through 26 on page 25 and lines 1 through 8 on page 26 with the following:

"(c) No rule making authority. Notwithstanding any other rulemaking authority that may exist, neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any authority to make or promulgate rules to implement or enforce the provisions of this Act. If, however, the Governor believes that rules are necessary to implement or enforce the provisions of this Act, the Governor may suggest rules to the General Assembly by filing them with the Clerk of the House and the Secretary of the Senate and by requesting that the General Assembly authorize such rulemaking by law, enact those suggested rules into law, or take any other appropriate action in the General Assembly's discretion. Nothing contained in this Act shall be interpreted to grant rulemaking authority under any other Illinois statute where such authority is not otherwise explicitly given. For the purposes of this Act, "rules" is given the meaning contained in Section 1-70 of the Illinois Administrative Procedure Act, and "agency" and "agency head" are given the meanings contained in Sections 1-20 and 1-25 of the Illinois Administrative Procedure Act to the extent that such definitions apply to agencies or agency heads under the jurisdiction of the Governor."; and

on page 32, by inserting immediately below line 20 the following:

"(3) Notwithstanding any other rulemaking authority that may exist, neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any authority to make or promulgate rules to implement or enforce the provisions of this amendatory Act of the 95th General Assembly. If, however, the Governor believes that rules are necessary to implement or enforce the provisions of this amendatory Act of the 95th General Assembly, the Governor may suggest rules to the General Assembly by filing them with the Clerk of the House and the Secretary of the Senate and by requesting that the General Assembly authorize such rulemaking by law, enact those suggested rules into law, or take any other appropriate action in the General Assembly's discretion. Nothing contained in this amendatory Act of the 95th General Assembly shall be interpreted to grant rulemaking authority under any other Illinois statute where such authority is not otherwise explicitly given. For the purposes of this Section, "rules" is given the meaning contained in Section 1-70 of the Illinois Administrative Procedure Act, and "agency" and "agency head" are given the meanings contained in Sections 1-20 and 1-25 of the Illinois Administrative Procedure Act to the extent that such definitions apply to agencies or agency heads under the jurisdiction of the Governor.".