Full Text of HB5059 95th General Assembly
HB5059ham001 95TH GENERAL ASSEMBLY
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Human Services Committee
Filed: 3/12/2008
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09500HB5059ham001 |
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LRB095 18105 NHT 47995 a |
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| AMENDMENT TO HOUSE BILL 5059
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| AMENDMENT NO. ______. Amend House Bill 5059 as follows: | 3 |
| on page 1, lines 5 and 6, by replacing "Sections 6.5 and 6.10" | 4 |
| with "Section 6.5"; and
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| on page 6, immediately below line 14, by inserting the | 6 |
| following: | 7 |
| " Notwithstanding any other rulemaking authority that may | 8 |
| exist, neither the Governor nor any agency or agency head under | 9 |
| the jurisdiction of the Governor has any authority to make or | 10 |
| promulgate rules to implement or enforce the provisions of this | 11 |
| amendatory Act of the 95th General Assembly. If, however, the | 12 |
| Governor believes that rules are necessary to implement or | 13 |
| enforce the provisions of this amendatory Act of the 95th | 14 |
| General Assembly, the Governor may suggest rules to the General | 15 |
| Assembly by filing them with the Clerk of the House and the | 16 |
| Secretary of the Senate and by requesting that the General |
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LRB095 18105 NHT 47995 a |
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| 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. "; and
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| on page 6, by replacing lines 19 and 20 with the following:
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| " year, the Department shall "; and
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| on page 7, line 4, after " institution; ", by inserting " and "; | 18 |
| and | 19 |
| on page 7, by deleting lines 5 and 6; and | 20 |
| on page 7, line 7, by replacing " (4) " with " (3) "; and | 21 |
| on page 8, by deleting lines 3 and 4; and |
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| on page 9, immediately below line 24, by inserting the | 2 |
| following: | 3 |
| " (f) Notwithstanding any other rulemaking authority that | 4 |
| may exist, neither the Governor nor any agency or agency head | 5 |
| under the jurisdiction of the Governor has any authority to | 6 |
| make or promulgate rules to implement or enforce the provisions | 7 |
| of this amendatory Act of the 95th General Assembly. If, | 8 |
| however, the Governor believes that rules are necessary to | 9 |
| implement or enforce the provisions of this amendatory Act of | 10 |
| the 95th General Assembly, the Governor may suggest rules to | 11 |
| the General Assembly by filing them with the Clerk of the House | 12 |
| and the Secretary of the Senate and by requesting that the | 13 |
| General Assembly authorize such rulemaking by law, enact those | 14 |
| suggested rules into law, or take any other appropriate action | 15 |
| in the General Assembly's discretion. Nothing contained in this | 16 |
| amendatory Act of the 95th General Assembly shall be | 17 |
| interpreted to grant rulemaking authority under any other | 18 |
| Illinois statute where such authority is not otherwise | 19 |
| explicitly given. For the purposes of this amendatory Act of | 20 |
| the 95th General Assembly, "rules" is given the meaning | 21 |
| contained in Section 1-70 of the Illinois Administrative | 22 |
| Procedure Act, and "agency" and "agency head" are given the | 23 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 24 |
| Administrative Procedure Act to the extent that such | 25 |
| definitions apply to agencies or agency heads under the |
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| jurisdiction of the Governor. "; and
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| by replacing line 25 on page 9 through line 12 on page 10 with
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| the following:
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| "Section 10. The Nurse Practice Act is amended by changing | 5 |
| Section 70-50 as follows:
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| (225 ILCS 65/70-50)
(was 225 ILCS 65/20-40)
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| (Section scheduled to be repealed on January 1, 2018)
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| Sec. 70-50. Fund. | 9 |
| (a) There is hereby created within the State Treasury the
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| Nursing Dedicated and Professional Fund. The monies in the Fund | 11 |
| may be
used by and at the direction of the Department for the | 12 |
| administration and
enforcement of this Act, including but not | 13 |
| limited to:
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| (1) Distribution and publication of this Act and rules.
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| (2) Employment of secretarial, nursing, | 16 |
| administrative, enforcement, and
other staff for the | 17 |
| administration of this Act.
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| (b) Disposition of fees:
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| (1) $5 of every licensure fee shall be placed in a fund | 20 |
| for assistance to nurses enrolled in a diversionary program | 21 |
| as approved by the Department.
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| (2) All of the fees, fines, and penalties
collected | 23 |
| pursuant to
this Act shall be deposited in the Nursing |
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| Dedicated and Professional Fund.
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| (3) Each fiscal year, the moneys deposited
in the | 3 |
| Nursing Dedicated and Professional Fund shall be | 4 |
| appropriated to the
Department for expenses of the | 5 |
| Department and the Board in the
administration of this Act. | 6 |
| All earnings received from investment of
moneys in the | 7 |
| Nursing Dedicated and Professional Fund shall be
deposited | 8 |
| in the Nursing Dedicated and Professional Fund and shall be | 9 |
| used
for the same purposes as fees deposited in the Fund.
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| (4) For the fiscal year beginning July 1, 2008 2004 and | 11 |
| for
each fiscal
year thereafter, $2,000,000 $1,200,000 of | 12 |
| the moneys deposited in the
Nursing Dedicated
and | 13 |
| Professional Fund each year shall be set aside and | 14 |
| appropriated to the
Department of Public Health for nursing | 15 |
| scholarships awarded pursuant to
the Nursing Education | 16 |
| Scholarship Law.
Representatives
of the Department and the | 17 |
| Nursing Education Scholarship Program Advisory
Council | 18 |
| shall review this requirement and
the scholarship awards | 19 |
| every 2 years.
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| (5) Moneys in the Fund may be transferred to the | 21 |
| Professions
Indirect Cost Fund as authorized under Section | 22 |
| 2105-300 of the
Department of Professional Regulation Law | 23 |
| (20 ILCS 2105/2105-300).
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| (f) Moneys set aside for nursing scholarships awarded | 25 |
| pursuant to
the Nursing Education Scholarship Law as provided | 26 |
| in item (iv) of subsection (e) of this Section may not be |
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| transferred under Section 8h of the State Finance Act. | 2 |
| (Source: P.A. 95-331, eff. 8-21-07; 95-639, eff. 10-5-07.)".
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