Eye On Illinois: JCAR still a core component of governmental power balance

The Joint Committee on Administrative Rules, it turns out, is an important arm of state government even aside from pandemic mitigation.

My first Eye On Illinois draft in May 2020 explained the JCAR’s role under the Illinois Administrative Procedure Act. Republicans were accusing Gov. JB Pritzker of “ruling by fiat” because he filed emergency rules concerning provisions of public health laws regarding restaurants, retail businesses, exercise facilities, salons and tattoo parlors.

Pritzker withdrew the rules before the JCAR’s meeting, but that still presented a chance to explain how the General Assembly wrote the APA to delegate powers to executive branch state agencies – theoretically experts compared to lawmakers – while retaining oversight and thus preserving the power balance.

There’s considerably less partisan outcry over Pritzker’s latest rules, authorizing a temporary pause in enrollment for the Health Benefits for Immigrant Adults program. (For a full explainer from Capitol News Illinois, visit tinyurl.com/JCARupdate.) In fact, the opposition is coming from decidedly left-leaning organizations like the Healthy Illinois Campaign, a group that advocates for making health care available regardless of citizenship status.

“By slashing life-saving health coverage for Illinois immigrants, Gov. Pritzker is turning his back on the communities he claims Illinois welcomes and aligning himself with anti-immigrant Republicans around the country,” the organization said in a statement.

Take note: that criticism focuses on outcome, not process. There’s plenty of room to get in a political debate over who deserves access to which services and why plus how to pay for it all, but from a government perspective the sequence of operations is functioning as intended.

Pritzker announced the rules in question immediately after signing the law authorizing them, House Bill 1298. Emergency rules take effect no more than 10 days after filing with the Secretary of State (in this case July 1) and typically can be in effect no more than 150 days. HB 1298 specifically allows the governor to refile the same rule after the first one expires.

The JCAR can take three actions. The first is essentially powerless, as it merely indicates the committee has concerns. The others are comparative sledgehammers.

An objection indicates the committee finds rules inconsistent with state law, has bad economic effects on small businesses, municipalities or nonprofit organizations or calls into question the rule-making process or the validity of the emergency. The agency has 90 days to respond, and any modification lasts for the rest of the 150-day window.

The committee also can add a suspension to its objection, stopping enforcement unless the committee withdraws its decision. This outcome indicates members find the rule contrary to the public interest, safety or welfare.

Government mechanics may appear dull, but understanding procedure is an essential component of informed citizenry.

• Scott T. Holland writes about state government issues for Shaw Media. Follow him on Twitter @sth749. He can be reached at sholland@shawmedia.com.