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Illinois Cultural News
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Illinois Police Reform that Undermines Law Enforcement
By Joyce Geiler
On February 22, 2021, Governor Pritzker signed into law HB 3553 Police Reform. News headlines run the gamut from accusations of anti-law enforcement to praise by reform advocates. Most news headlines focus on one or two parts of the new law. It may be a challenge to determine the details contained in the 764 pages of the new law, some of which do not go into effect until 2023. This article reports some of the more commonly headlined aspects of the law and then lists more specific details.
State Senator Kimberly Lightford pointed to the death of George Floyd last summer as a key reason the American culture "awakened" to inequalities in the state's justice system. However, retired Judge Pat O'Brien warns about dangers within the bill and calls the new law “a measure that will expose citizens to criminal behavior and defend the rights of the accused over the rights of victims.” Some of his specific concerns are inserted later in this article. The Illinois Review labels the law “the nations most anti-law enforcement policy.” (1)
The Fraternal Order of Police writes that the law “eliminates all protections from law enforcement officers. It eliminates officer’s ability to pursue their job without civil liability, it eliminates the ability of officers to pursue collective bargaining agreements, it invalidates the constitutionally protected due process of officers and it substantially increases the costs for employers of law enforcement officers.” (2) Executive Director for the Illinois Sheriff's Association Jim Kaitschuk believes the law will have a significant impact on law enforcement and will create a threat to the community. (3)
The website reason.com, a libertarian news site, has a very extensive coverage of the bill. It is worth reviewing the detail to see more of what is actually in the bill. (4) The lengthy bill touches many areas of policing some of which are listed below and contains explanatory comments from other sources will be included in parentheses:
The police reform bill:
1) Creates a process for the state's attorney general to take a law enforcement officer to civil court if that officer has violated a person's civil rights and to seek financial damages, with a cap of $50,000. An earlier version of the bill would have stripped police officers of qualified immunity when they had been found to violate a person's rights, thus allowing individuals to sue officers in civil court; but that was removed from the final version of the bill.
2) Mandates body cameras for all police officers in the state, with compliance deadlines staggered across the next four years. (Note that no funding is provided.)
3) Establishes that after January 2023, monetary bail will be abolished within the state. Instead, people arrested for crimes will be evaluated with a goal of releasing them with only enough pretrial conditions to ensure they make it to subsequent court appearances and don't commit crimes while on release. Full detention will be ordered only "when it is determined that the defendant poses a specific, real and present threat to a person and has a high likelihood of willful flight." The court may use a risk assessment tool to evaluate the defendant, but the score cannot be the only reason why a defendant is denied pretrial release—and the defendant must be provided the information, so that he or she may challenge it. There are many exceptions to the orders for pretrial release, including defendants accused of stalking and domestic violence, many firearm-related crimes, human trafficking crimes, or any forcible felony that comes with a mandatory minimum prison sentence. Even in these cases, however, a court must determine that the defendant is too dangerous to be released. (This is the same as the law in New Jersey which establishes a presumption of release and forces the court to document why somebody is too risky to be released. America has about half a million people stuck in pretrial detention, many of whom are not dangerous to the public but simply cannot afford the cost of bail. People who are unable to earn pretrial freedom typically end up accepting worse plea deals and get harsher sentences than somebody able to address the charges outside of jail.) (5)
4) Establishes a new class 3 felony of law enforcement misconduct, with a possible sentence of two to five years in jail. This will cover officers who misrepresent facts during an investigation, withhold knowledge of misrepresentation by other officers, or fail to comply with state laws or department policies on body-worn cameras.
5) Allows cities with populations greater than 100,000 to require that police live within city limits. Current law only permits this for cities with population greater than 1 million.
6) Allows other first responders besides police to direct people they encounter with substance abuse problems toward treatment programs, without requiring an arrest.
7) Allows funds for police and first responders to carry naloxone and similar supplies that can reverse opioid overdoses.
8) Prohibits law enforcement agencies from requesting or receiving excess military equipment, such as armored vehicles, large-caliber guns, or grenade launchers. (Retired Judge Pat O’Brien feels this prevents departments from taking advantage of cost saving federal surplus programs.)
9) Prohibits retaliation against whistleblowers, a problem that has come up repeatedly when people try to expose misconduct in the Chicago Police Department.
10) Demands that all records connected to complaints against police officers and investigations of police officers be retained permanently. (Retired Judge O’Brien Mandates speaks against those unsubstantiated and unverified complaints being kept, to be used against officers, forever, with no destruction and no limits on how they can be utilized to inflict harm on officers.)
11) Adds crisis intervention and de-escalation training to the curriculum for new police officers and to mandatory training every three years. (Retired Judge O’Brien notes this substantially increases both initial and ongoing education requirements with no money to pay for the increased costs and no assurances that the courses will even be offered.)
12) Requires the state police to participate in and provide data to the FBI's National Use of Force database.
13) Amends the police disciplinary process system so that officers under investigation are not provided the names of those filing the complaint, and so that it is no longer a requirement for people to provide their names in order to file a complaint about police misconduct. The Illinois Law Enforcement Training Standards Board is authorized to perform the preliminary review to see if there is evidence that supports the anonymous complaint. (Retired Judge O’Brien says this allows officers to be punished or fired based on anonymous and unsubstantiated or unverifiable complaints and it allows for unrestricted and ungoverned disciplinary policies of law enforcement officers.)
14) Halts the practice of suspending driver's licenses for failure to pay traffic citations or abandoned vehicle fees.
15) Amends the definition of resisting or obstructing a police officer. People cannot be charged simply with resisting arrest; there must first be an underlying offense for which the person was already subject to arrest.
16) Forbids the use of deadly force against people who are a danger only to themselves, and it forbids the use of deadly force against those suspected of committing only property offenses (except in cases of terrorism). The new rules require that deadly force be used only "when reasonably necessary in defense of human life." It also explains that "merely a fear of future harm" is not enough to reach this threshold. That's an important distinction, because many defenses of police shootings of unarmed suspects revolve around the officers claiming that they feared the suspect was armed.
16) Forbids chokeholds and neck restraints and forbids the use of force as punishment or retaliation. It forbids the use of non-lethal weapons in a manner that targets the head, pelvis, or back, and it forbids firing non-lethal weapons indiscriminately into crowds. It also forbids using irritants like tear gas against crowds unless police have both ordered the crowd to disperse and given it enough time to do so.
17) Establishes a duty to render aid to anybody police encounter who is injured (or anybody they injure) and an affirmative duty to intervene when they witness another police officer using unauthorized force. Retaliation against an officer who intervenes in this fashion is forbidden.
18) Calls for the citation and release rather than the arrest of anybody accused of traffic offenses, petty offenses, or low-level misdemeanors, unless they pose an obvious threat to others or themselves.
19) Establishes that all police officers must be certified to perform as law enforcement by the state's Illinois Law Enforcement Training Standards Board. It gives the board the authority to suspend an officer's certification immediately if the officer has been arrested or indicted on felony charges. A panel will hear the officer's case and can decide whether to maintain or reverse the officer's suspension of certification.
20) Orders the creation of a searchable database of law enforcement officers, available to the public, showing each officer's certification status and any sustained complaints of misconduct.
As the nation has seen, especially since last summer, emotions and opinions are strong regarding these issues creating opportunities for misinformation and disinformation and for fear and mistrust. It remains to be seen how Illinois’ new police reforms are implemented and what the results will be. Although reforms are most certainly needed, it is disconcerting to see restrictions that could hamper law enforcement in an era of lawlessness and lack of self-governance.
End Notes:
https://www.illinoisreview.com/illinoisreview/2021/02/pritzker-signs-into-law-nations-most-anti-law-enforcement-policy.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+typepad%2FbYHz+%28Illinois+Review%29
http://www.chicagofop.org/news/urgent-and-important-police-reform-update-hb-163
https://www.msn.com/en-us/news/us/police-reform-bill-introduced-to-illinois-general-assembly/ar-BB1cz6fK
https://reason.com/2021/01/14/massive-illinois-police-reform-bill-ends-cash-bail-limits-deadly-force-mandates-body-cameras-and-makes-it-easier-to-dump-crooked-cops/
https://reason.com/2021/01/14/massive-illinois-police-reform-bill-ends-cash-bail-limits-deadly-force-mandates-body-cameras-and-makes-it-easier-to-dump-crooked-cops/
By Joyce Geiler
On February 22, 2021, Governor Pritzker signed into law HB 3553 Police Reform. News headlines run the gamut from accusations of anti-law enforcement to praise by reform advocates. Most news headlines focus on one or two parts of the new law. It may be a challenge to determine the details contained in the 764 pages of the new law, some of which do not go into effect until 2023. This article reports some of the more commonly headlined aspects of the law and then lists more specific details.
State Senator Kimberly Lightford pointed to the death of George Floyd last summer as a key reason the American culture "awakened" to inequalities in the state's justice system. However, retired Judge Pat O'Brien warns about dangers within the bill and calls the new law “a measure that will expose citizens to criminal behavior and defend the rights of the accused over the rights of victims.” Some of his specific concerns are inserted later in this article. The Illinois Review labels the law “the nations most anti-law enforcement policy.” (1)
The Fraternal Order of Police writes that the law “eliminates all protections from law enforcement officers. It eliminates officer’s ability to pursue their job without civil liability, it eliminates the ability of officers to pursue collective bargaining agreements, it invalidates the constitutionally protected due process of officers and it substantially increases the costs for employers of law enforcement officers.” (2) Executive Director for the Illinois Sheriff's Association Jim Kaitschuk believes the law will have a significant impact on law enforcement and will create a threat to the community. (3)
The website reason.com, a libertarian news site, has a very extensive coverage of the bill. It is worth reviewing the detail to see more of what is actually in the bill. (4) The lengthy bill touches many areas of policing some of which are listed below and contains explanatory comments from other sources will be included in parentheses:
The police reform bill:
1) Creates a process for the state's attorney general to take a law enforcement officer to civil court if that officer has violated a person's civil rights and to seek financial damages, with a cap of $50,000. An earlier version of the bill would have stripped police officers of qualified immunity when they had been found to violate a person's rights, thus allowing individuals to sue officers in civil court; but that was removed from the final version of the bill.
2) Mandates body cameras for all police officers in the state, with compliance deadlines staggered across the next four years. (Note that no funding is provided.)
3) Establishes that after January 2023, monetary bail will be abolished within the state. Instead, people arrested for crimes will be evaluated with a goal of releasing them with only enough pretrial conditions to ensure they make it to subsequent court appearances and don't commit crimes while on release. Full detention will be ordered only "when it is determined that the defendant poses a specific, real and present threat to a person and has a high likelihood of willful flight." The court may use a risk assessment tool to evaluate the defendant, but the score cannot be the only reason why a defendant is denied pretrial release—and the defendant must be provided the information, so that he or she may challenge it. There are many exceptions to the orders for pretrial release, including defendants accused of stalking and domestic violence, many firearm-related crimes, human trafficking crimes, or any forcible felony that comes with a mandatory minimum prison sentence. Even in these cases, however, a court must determine that the defendant is too dangerous to be released. (This is the same as the law in New Jersey which establishes a presumption of release and forces the court to document why somebody is too risky to be released. America has about half a million people stuck in pretrial detention, many of whom are not dangerous to the public but simply cannot afford the cost of bail. People who are unable to earn pretrial freedom typically end up accepting worse plea deals and get harsher sentences than somebody able to address the charges outside of jail.) (5)
4) Establishes a new class 3 felony of law enforcement misconduct, with a possible sentence of two to five years in jail. This will cover officers who misrepresent facts during an investigation, withhold knowledge of misrepresentation by other officers, or fail to comply with state laws or department policies on body-worn cameras.
5) Allows cities with populations greater than 100,000 to require that police live within city limits. Current law only permits this for cities with population greater than 1 million.
6) Allows other first responders besides police to direct people they encounter with substance abuse problems toward treatment programs, without requiring an arrest.
7) Allows funds for police and first responders to carry naloxone and similar supplies that can reverse opioid overdoses.
8) Prohibits law enforcement agencies from requesting or receiving excess military equipment, such as armored vehicles, large-caliber guns, or grenade launchers. (Retired Judge Pat O’Brien feels this prevents departments from taking advantage of cost saving federal surplus programs.)
9) Prohibits retaliation against whistleblowers, a problem that has come up repeatedly when people try to expose misconduct in the Chicago Police Department.
10) Demands that all records connected to complaints against police officers and investigations of police officers be retained permanently. (Retired Judge O’Brien Mandates speaks against those unsubstantiated and unverified complaints being kept, to be used against officers, forever, with no destruction and no limits on how they can be utilized to inflict harm on officers.)
11) Adds crisis intervention and de-escalation training to the curriculum for new police officers and to mandatory training every three years. (Retired Judge O’Brien notes this substantially increases both initial and ongoing education requirements with no money to pay for the increased costs and no assurances that the courses will even be offered.)
12) Requires the state police to participate in and provide data to the FBI's National Use of Force database.
13) Amends the police disciplinary process system so that officers under investigation are not provided the names of those filing the complaint, and so that it is no longer a requirement for people to provide their names in order to file a complaint about police misconduct. The Illinois Law Enforcement Training Standards Board is authorized to perform the preliminary review to see if there is evidence that supports the anonymous complaint. (Retired Judge O’Brien says this allows officers to be punished or fired based on anonymous and unsubstantiated or unverifiable complaints and it allows for unrestricted and ungoverned disciplinary policies of law enforcement officers.)
14) Halts the practice of suspending driver's licenses for failure to pay traffic citations or abandoned vehicle fees.
15) Amends the definition of resisting or obstructing a police officer. People cannot be charged simply with resisting arrest; there must first be an underlying offense for which the person was already subject to arrest.
16) Forbids the use of deadly force against people who are a danger only to themselves, and it forbids the use of deadly force against those suspected of committing only property offenses (except in cases of terrorism). The new rules require that deadly force be used only "when reasonably necessary in defense of human life." It also explains that "merely a fear of future harm" is not enough to reach this threshold. That's an important distinction, because many defenses of police shootings of unarmed suspects revolve around the officers claiming that they feared the suspect was armed.
16) Forbids chokeholds and neck restraints and forbids the use of force as punishment or retaliation. It forbids the use of non-lethal weapons in a manner that targets the head, pelvis, or back, and it forbids firing non-lethal weapons indiscriminately into crowds. It also forbids using irritants like tear gas against crowds unless police have both ordered the crowd to disperse and given it enough time to do so.
17) Establishes a duty to render aid to anybody police encounter who is injured (or anybody they injure) and an affirmative duty to intervene when they witness another police officer using unauthorized force. Retaliation against an officer who intervenes in this fashion is forbidden.
18) Calls for the citation and release rather than the arrest of anybody accused of traffic offenses, petty offenses, or low-level misdemeanors, unless they pose an obvious threat to others or themselves.
19) Establishes that all police officers must be certified to perform as law enforcement by the state's Illinois Law Enforcement Training Standards Board. It gives the board the authority to suspend an officer's certification immediately if the officer has been arrested or indicted on felony charges. A panel will hear the officer's case and can decide whether to maintain or reverse the officer's suspension of certification.
20) Orders the creation of a searchable database of law enforcement officers, available to the public, showing each officer's certification status and any sustained complaints of misconduct.
As the nation has seen, especially since last summer, emotions and opinions are strong regarding these issues creating opportunities for misinformation and disinformation and for fear and mistrust. It remains to be seen how Illinois’ new police reforms are implemented and what the results will be. Although reforms are most certainly needed, it is disconcerting to see restrictions that could hamper law enforcement in an era of lawlessness and lack of self-governance.
End Notes:
https://www.illinoisreview.com/illinoisreview/2021/02/pritzker-signs-into-law-nations-most-anti-law-enforcement-policy.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+typepad%2FbYHz+%28Illinois+Review%29
http://www.chicagofop.org/news/urgent-and-important-police-reform-update-hb-163
https://www.msn.com/en-us/news/us/police-reform-bill-introduced-to-illinois-general-assembly/ar-BB1cz6fK
https://reason.com/2021/01/14/massive-illinois-police-reform-bill-ends-cash-bail-limits-deadly-force-mandates-body-cameras-and-makes-it-easier-to-dump-crooked-cops/
https://reason.com/2021/01/14/massive-illinois-police-reform-bill-ends-cash-bail-limits-deadly-force-mandates-body-cameras-and-makes-it-easier-to-dump-crooked-cops/
The Power of Illinois JCAR
By Joyce Geiler
JCAR will be making a big decision February 16 regarding education in Illinois. The committee has previously made big decisions regarding Covid restrictions in Illinois. JCAR, the Joint Committee on Administrative Rules, is possibly the most powerful committee in Illinois government and until recently very few Illinois citizens actually knew anything about it. This article will explain what JACAR is and how its members are appointed and the impact that has.
A Joint Committee is a committee constituted of members of both houses of government that has jurisdiction over matters of common interest. Most joint committees are standing committees. Joint committees usually are established with limited jurisdictions and these committees do not have legislative powers. (1) The joint committee in Illinois known as JCAR is an obscure but powerful committee that has great input into Illinois government. The bipartisan 12-person committee, formed in 1977, consists of lawmakers appointed by the Governor from both the House and Senate. This Committee basically makes the rules for carrying out the Governor’s executive orders and makes the rules for carrying out decisions made by other government agencies. (2) (3)
Currently, there are a total of 77 committees in Illinois state government: three joint standing committees, 27 standing committees in the Illinois Senate and 47 standing committees in the Illinois House. (4) JCAR, also referred to as the Administrative Rules Committee, is one of the three joint committees. It was created in 1977 pursuant to the Illinois Administrative Procedure Act during the governorship of Republican Governor James R Thompson (Republican) and the presidency of George HW Bush. Other states also have Administrative Rules Committees. Illinois government agencies must adopt their entire rules in accordance with the rule-making procedures under this Act. (5) The Administrative Procedure Act can be found at link (6).
JCAR is an “oversight committee of the Illinois State Legislature authorized to conduct systematic reviews of administrative rules promulgated by State agencies. JCAR conducts several integrated review programs, including a review program for proposed, emergency and peremptory rulemaking, a review of new Public Acts and a complaint review program.” (7)
Illinois agencies must adopt their entire rules in accordance with the rule-making procedures under Administrative Procedure Act; JCAR then oversees compliance. “The joint committee undertakes studies and investigations concerning rule-making. It will conduct a systematic and continuing study of the rules and rulemaking process of all state agencies and will review the statutory authority on which an administrative rule is based. It will also evaluate the rules of every agency at least once in every five years.” (8)
Stated more simply, when any state agency makes a policy, the rules for implementing that policy must be in accordance with and approved by JCAR. Also, every executive order of the governor has to be quickly implemented by agencies. The executive order establishes the basic policy, but then an agency has to implement that policy through rules. JCAR drafts the rules.
Recent JCAR Activity
An example of JCAR’s role relates to the flurry of executive orders signed by Governor Pritzker since the COVID-19 pandemic began. For example, JCAR helped the Department of Public Health write rules to implement the governor’s executive order requiring individuals to wear face coverings indoors at any “business, service, facility or organization.” The Illinois Department of Public Health (IDPH) re-filed a new COVID-19 Emergency Rule 690.50 on Tuesday, January 5th, extending its statewide restrictions and rules for another 150 days. At its meeting on January 12, JCAR had the authority to accept or reject/suspend the emergency rule. We are living with those accepted rules. Twelve members comprising JCAR rather than 174 members of Illinois legislative body ruled on the continuation of Covid restrictions.
A February 16th decision is to be made by JCAR that involves the “Culturally Responsive Teaching and Leading Standards.” In December, the Illinois State Board of Education, or ISBE, passed a new rule that would require “culturally responsive teaching and leading standards” to be incorporated in all Illinois teacher preparation programs. Critics of the proposed “Culturally Responsive Teaching and Leading Standards” have said they require educators to embrace left-leaning ideology and prioritize political and social activism in classrooms at a time when Illinois students are underperforming on basic skills tests. You can read the 52-page standards at link (9) These standards are even more egregious than those of California and Minnesota!
Unless JCAR votes to suspend the rule at its meeting February 16, these standards will apply to all Illinois professional educator licenses endorsed in teaching, school support personnel and administrative fields. The agency, the Illinois State Board of Education, formulated the rules; JCAR decides whether to approve or suspend the rules. As of this writing, it is believed only three of the twelve JCAR members have indicated they oppose the ISBE approved standards.
How Are Committee Members Chosen?
A review of how members of JCAR and members of the ISBE are appointed will illustrate the importance of understanding how the committee (JCAR) and agency (ISBE) function. Members of JCAR are chosen by the Governor. Current JCAR members are all from Cook County and surrounding counties except for LaSalle County, which, although it is not adjacent to Cook county, is included in the Chicago statistical area. JCAR is the only one of the three joint committees whose members are appointed by the governor. Members of the other two joint committees are chosen by the leadership of the House and Senate.
The 47 committees of the Illinois House of Representatives are assigned by the Speaker of the House and Minority Leader. The Speaker appoints the Chair, Vice-chair and remaining majority members while the Minority Leader appoints the minority members. Committees are assigned at the start of each term. (10) (Virtually no other state grants the types of powers to its legislative heads that Illinois grants to its Speaker. But that is for another article.)
The 27 committees of the Illinois State Senate are assigned by the President of the Senate and the Minority Leader. The President appoints the Chair, Vice-chair and remaining majority members, while the Minority Leader appoints the minority members. Committees are assigned at the start of each term. (11)
Illinois voters elect legislators who are to represent and to speak for their constituents. They are placed on committees where they consider the business of their assigned committee for the entire state. Either way, they are to be the voice of the citizens.
On the other hand, the Illinois State Board of Education consists of nine members who are appointed by the Governor with the consent of the Senate. Board members serve four-year terms, with membership limited to two consecutive terms. The Board appoints the State Superintendent of Education, who may be recommended by the Governor. The official site of the Board delineates their goals. (12)
Sifting through all this information reveals that the “Culturally Responsive Teaching and Leading Standards” formulated and approved by the Illinois State Board of Education and awaiting the approval of the rules for these standards by JCAR, are both in the hands of Governor Pritzker appointed agencies and committees. The Illinois legislature and the citizens of Illinois had little to no say in the matter at all. Now that it’s down to the wire, parents and citizens are making a concerted effort to convince JCAR to oppose the rules. Surely there is a better way to decide the educational standards for the children of Illinois than the process that has led to this immanent decision.
End Notes:
https://definitions.uslegal.com/j/Joint-Committee-Constitution/#:~:text=In%20the%20United%20States%2C%20a%20joint%20committee%20is,which%20are%20created%20to%20deal%20with%20specific%20issues
https://www.ilga.gov/commission/jcar/
news.wttw.com/sites/default/files/article/file (pdf download)
https://ballotpedia.org/List_of_committees_in_Illinois_state_government
https://administrativelaw.uslegal.com/administrative-procedure-acts/illinois/
https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=83
https://ballotpedia.org/Administrative_Rules_Committee,_Illinois_General_Assembly
https://administrativelaw.uslegal.com/administrative-procedure-acts/illinois/
https://thenewamerican.com/illinois-teachers-told-to-adopt-progressive-ideology-or-be-fired/
https://ballotpedia.org/Mental_Health_Committee,_Illinois_House_of_Representatives
https://ballotpedia.org/Agriculture_Committee,_Illinois_State_Senate
www.isbe.net/Documents/ISBE-Strategic -Plan.pdf
By Joyce Geiler
JCAR will be making a big decision February 16 regarding education in Illinois. The committee has previously made big decisions regarding Covid restrictions in Illinois. JCAR, the Joint Committee on Administrative Rules, is possibly the most powerful committee in Illinois government and until recently very few Illinois citizens actually knew anything about it. This article will explain what JACAR is and how its members are appointed and the impact that has.
A Joint Committee is a committee constituted of members of both houses of government that has jurisdiction over matters of common interest. Most joint committees are standing committees. Joint committees usually are established with limited jurisdictions and these committees do not have legislative powers. (1) The joint committee in Illinois known as JCAR is an obscure but powerful committee that has great input into Illinois government. The bipartisan 12-person committee, formed in 1977, consists of lawmakers appointed by the Governor from both the House and Senate. This Committee basically makes the rules for carrying out the Governor’s executive orders and makes the rules for carrying out decisions made by other government agencies. (2) (3)
Currently, there are a total of 77 committees in Illinois state government: three joint standing committees, 27 standing committees in the Illinois Senate and 47 standing committees in the Illinois House. (4) JCAR, also referred to as the Administrative Rules Committee, is one of the three joint committees. It was created in 1977 pursuant to the Illinois Administrative Procedure Act during the governorship of Republican Governor James R Thompson (Republican) and the presidency of George HW Bush. Other states also have Administrative Rules Committees. Illinois government agencies must adopt their entire rules in accordance with the rule-making procedures under this Act. (5) The Administrative Procedure Act can be found at link (6).
JCAR is an “oversight committee of the Illinois State Legislature authorized to conduct systematic reviews of administrative rules promulgated by State agencies. JCAR conducts several integrated review programs, including a review program for proposed, emergency and peremptory rulemaking, a review of new Public Acts and a complaint review program.” (7)
Illinois agencies must adopt their entire rules in accordance with the rule-making procedures under Administrative Procedure Act; JCAR then oversees compliance. “The joint committee undertakes studies and investigations concerning rule-making. It will conduct a systematic and continuing study of the rules and rulemaking process of all state agencies and will review the statutory authority on which an administrative rule is based. It will also evaluate the rules of every agency at least once in every five years.” (8)
Stated more simply, when any state agency makes a policy, the rules for implementing that policy must be in accordance with and approved by JCAR. Also, every executive order of the governor has to be quickly implemented by agencies. The executive order establishes the basic policy, but then an agency has to implement that policy through rules. JCAR drafts the rules.
Recent JCAR Activity
An example of JCAR’s role relates to the flurry of executive orders signed by Governor Pritzker since the COVID-19 pandemic began. For example, JCAR helped the Department of Public Health write rules to implement the governor’s executive order requiring individuals to wear face coverings indoors at any “business, service, facility or organization.” The Illinois Department of Public Health (IDPH) re-filed a new COVID-19 Emergency Rule 690.50 on Tuesday, January 5th, extending its statewide restrictions and rules for another 150 days. At its meeting on January 12, JCAR had the authority to accept or reject/suspend the emergency rule. We are living with those accepted rules. Twelve members comprising JCAR rather than 174 members of Illinois legislative body ruled on the continuation of Covid restrictions.
A February 16th decision is to be made by JCAR that involves the “Culturally Responsive Teaching and Leading Standards.” In December, the Illinois State Board of Education, or ISBE, passed a new rule that would require “culturally responsive teaching and leading standards” to be incorporated in all Illinois teacher preparation programs. Critics of the proposed “Culturally Responsive Teaching and Leading Standards” have said they require educators to embrace left-leaning ideology and prioritize political and social activism in classrooms at a time when Illinois students are underperforming on basic skills tests. You can read the 52-page standards at link (9) These standards are even more egregious than those of California and Minnesota!
Unless JCAR votes to suspend the rule at its meeting February 16, these standards will apply to all Illinois professional educator licenses endorsed in teaching, school support personnel and administrative fields. The agency, the Illinois State Board of Education, formulated the rules; JCAR decides whether to approve or suspend the rules. As of this writing, it is believed only three of the twelve JCAR members have indicated they oppose the ISBE approved standards.
How Are Committee Members Chosen?
A review of how members of JCAR and members of the ISBE are appointed will illustrate the importance of understanding how the committee (JCAR) and agency (ISBE) function. Members of JCAR are chosen by the Governor. Current JCAR members are all from Cook County and surrounding counties except for LaSalle County, which, although it is not adjacent to Cook county, is included in the Chicago statistical area. JCAR is the only one of the three joint committees whose members are appointed by the governor. Members of the other two joint committees are chosen by the leadership of the House and Senate.
The 47 committees of the Illinois House of Representatives are assigned by the Speaker of the House and Minority Leader. The Speaker appoints the Chair, Vice-chair and remaining majority members while the Minority Leader appoints the minority members. Committees are assigned at the start of each term. (10) (Virtually no other state grants the types of powers to its legislative heads that Illinois grants to its Speaker. But that is for another article.)
The 27 committees of the Illinois State Senate are assigned by the President of the Senate and the Minority Leader. The President appoints the Chair, Vice-chair and remaining majority members, while the Minority Leader appoints the minority members. Committees are assigned at the start of each term. (11)
Illinois voters elect legislators who are to represent and to speak for their constituents. They are placed on committees where they consider the business of their assigned committee for the entire state. Either way, they are to be the voice of the citizens.
On the other hand, the Illinois State Board of Education consists of nine members who are appointed by the Governor with the consent of the Senate. Board members serve four-year terms, with membership limited to two consecutive terms. The Board appoints the State Superintendent of Education, who may be recommended by the Governor. The official site of the Board delineates their goals. (12)
Sifting through all this information reveals that the “Culturally Responsive Teaching and Leading Standards” formulated and approved by the Illinois State Board of Education and awaiting the approval of the rules for these standards by JCAR, are both in the hands of Governor Pritzker appointed agencies and committees. The Illinois legislature and the citizens of Illinois had little to no say in the matter at all. Now that it’s down to the wire, parents and citizens are making a concerted effort to convince JCAR to oppose the rules. Surely there is a better way to decide the educational standards for the children of Illinois than the process that has led to this immanent decision.
End Notes:
https://definitions.uslegal.com/j/Joint-Committee-Constitution/#:~:text=In%20the%20United%20States%2C%20a%20joint%20committee%20is,which%20are%20created%20to%20deal%20with%20specific%20issues
https://www.ilga.gov/commission/jcar/
news.wttw.com/sites/default/files/article/file (pdf download)
https://ballotpedia.org/List_of_committees_in_Illinois_state_government
https://administrativelaw.uslegal.com/administrative-procedure-acts/illinois/
https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=83
https://ballotpedia.org/Administrative_Rules_Committee,_Illinois_General_Assembly
https://administrativelaw.uslegal.com/administrative-procedure-acts/illinois/
https://thenewamerican.com/illinois-teachers-told-to-adopt-progressive-ideology-or-be-fired/
https://ballotpedia.org/Mental_Health_Committee,_Illinois_House_of_Representatives
https://ballotpedia.org/Agriculture_Committee,_Illinois_State_Senate
www.isbe.net/Documents/ISBE-Strategic -Plan.pdf
District Map-Making in Illinois
by Joyce Geiler
The district map making in Illinois keeps changing to ensure current people stay in power. Every ten years, after the Federal census, Illinois district maps are redrawn to reflect the changing population. The process used by Illinois, however, has promoted the status quo and made it nearly impossible to change the political climate in Illinois even when the voters try.
Michael Madigan has been in the General Assembly for 44 years and has been Speaker of the House for all but two of those years since 1983. Some people propose term limits as a way to stop what almost seems like tyranny. A downstate Senator, Kyle McCarter, even limited his senatorial service to two terms in accordance with his promise. A Paul Simon Public Policy Institute survey showed respondents overwhelmingly favor term limits for members of the Illinois General Assembly. Nearly 80 percent favor some form of term limits for senators and representatives with 82 percent in favor of limiting the time lawmakers can serve in leadership positions.
However, a term limits effort backed by Bruce Rauner when he was campaigning for governor, contains a lot more than just limiting senators and representatives to eight years in office. It also would reduce the Illinois Senate from 59 to 43 members and increase House membership from 118 to 123. Also, the proposed amendment sought to raise the threshold for overriding a governor’s veto from the current three-fifths vote to two-thirds. Perhaps giving voters legislative districts that are not manipulated to the maximum benefit of the party that draws the map is a much more effective way to encourage better government.
Most people have no idea how the legislative district in which they live was created; who drew the boundaries for the Illinois House and Senate districts in which they reside? Legislative districts for the 177 members of the Illinois General Assembly are redrawn every 10 years after the U.S. census. Democrats controlled the map-drawing process in 1981, 2001, and 2011. Republicans drew the map in 1991. The only 2 years since 1983 that Rep. Michael Madigan was not Speaker of the House were January 1995 to January 1997, during the decade of the Republican-drawn map.
The creative redrawing of district maps has been called "gerrymandering". It's not a new concept. The term came into use in 1812, named after E. Gerry (Governor of Massachusetts whose party redistricted the state in 1812) + (sala)mander, from the fancied resemblance of Essex County, Massachusetts to this animal, after the redistricting.
Personality, individual ambition, and policy issues have often affected reapportionment (redistricting) debates. The final redistricting outcome in Illinois has usually been the result of three conflicting historic themes: territory vs. population, geography vs. party, and incumbent vs. challenger.
Territory vs. Population
The dramatic surge in Chicago and Cook County's population, which tripled its growth from 1870 to 1910, resulted in downstaters blocking any redistricting from 1901 to 1955 in spite of the fact that the 1870 constitution provided for it. Downstate legislators had successfully been in control even with their rural population. During that time an attempt to use population to determine House districts and territory to determine Senate districts was declared unconstitutional by the U.S. Supreme Court. These days Chicago faces a similar conundrum as its population moves to the suburbs. In 1955, all sides worked toward successful reapportionment, successful in that it brought about no profound political changes in the state.
Geography vs. Party
From 1870 to 1980, cumulative voting was used to elect members of the state House of Representatives. In 1980, political activist, later Governor, Pat Quinn, advocated a campaign to reduce the number of representatives in the state house through the "Cutback Amendment" which reduced the size of the house by one-third and proposed the single member district system - previously districts could have more than one Representative. One result of the cutback in House members from 177 to 118 members was that it allowed political party leaders to consolidate power and influence who may run for the state assembly. The complicated, detailed history of the redistricting issue in Illinois can be found in the pdf Legislative Redistricting in Illinois: A Historical Analysis.
http://www.ilga.gov/commission/lru/Green.pdf
Incumbent vs. Challenger
Self-preservation is a strong human characteristic, especially among Illinois legislators. Creative cartography has no doubt preserved many an incumbent. The incumbent can chop up the opposing party’s geographic strongholds and stick them onto districts where voter affiliation favors his party. Even better, one can use his map-drawing power to exact vengeance on a troublesome lawmaker, whose home can be conveniently placed outside the district he or she represents.
How is Map-making Currently Determined?
Section 3 of the Illinois Constitutional Amendment adopted at general election Nov. 4, 1980, provides that Legislative Districts shall be compact, contiguous, and substantially equal in population. In the year following the Federal census, the General Assembly by law shall redistrict the Legislative Districts and the Representative Districts. If no redistricting plan becomes effective by June 30 of that year, a Legislative Redistricting Commission shall be constituted consisting of eight members, no more than four of whom can be of the same political party. Specifics are given for how the members are chosen. (No longer is the governor the one to choose members.) If the Commission fails to file a redistricting plan by August 10, the Supreme Court shall submit two names, not of the same party and by September 5, the Secretary of State shall publicly conduct a random draw from those two names for the name of the ninth person on the Commission, who effectively becomes the tie-breaker so that a redistricting plan can be submitted.
Of the five legislative maps drawn since the 1970 constitution went into effect, only two have not ended in a random name being drawn from a hat. The draw has been used in every opportunity except 1971- the first year the new state constitution was in effect - and in 2011, the only post-census year since 1970 that Democrats controlled the governorship, the Illinois House, and the Illinois Senate. In 1981, Republicans controlled the governor's office, the Illinois House, and were just one vote shy of controlling the Illinois Senate, they lost the map-drawing privilege by the luck of the draw. In 1991, the draw went to the Republicans.
The 1971 map was a true compromise between a Republican governor, a Republican House and a Democratic Senate. The 2011 map was drawn and approved by Democrats, who controlled both chambers and the governor’s office. In the three remaps in between, the parties went all-or-nothing, choosing luck of the draw over compromise. Lost in the process is the interest of the voters who live in the districts that result from this game.
"Yes for Independent Maps" has a proposal: an Illinois constitutional amendment that will change the way redistricting is done. The movement says it will make the process transparent, independent and nonpartisan. It will be a citizen-led commission, with no politicians, no bureaucrats and no people that get state contracts.
A few years ago, when California voted on a similar independent redistricting amendment, some voiced concerns that the commission would not reflect the diversity of the state. Those worries turned out to be unfounded. Eleven of the fourteen members of the California commission belonged to minority groups (four Asian Americans, three Latinos, two African Americans, one Pacific Islander, one American Indian). Yes for Independent Maps has included diversity provisions. To find out more about the Independent Map Amendment or to download a petition, go to
http://www.mapamendment.org/index.html Notarized petitions must be mailed by April 21, 2016.
Unless otherwise noted all material in this article can be located at rebootillinois.com
by Joyce Geiler
The district map making in Illinois keeps changing to ensure current people stay in power. Every ten years, after the Federal census, Illinois district maps are redrawn to reflect the changing population. The process used by Illinois, however, has promoted the status quo and made it nearly impossible to change the political climate in Illinois even when the voters try.
Michael Madigan has been in the General Assembly for 44 years and has been Speaker of the House for all but two of those years since 1983. Some people propose term limits as a way to stop what almost seems like tyranny. A downstate Senator, Kyle McCarter, even limited his senatorial service to two terms in accordance with his promise. A Paul Simon Public Policy Institute survey showed respondents overwhelmingly favor term limits for members of the Illinois General Assembly. Nearly 80 percent favor some form of term limits for senators and representatives with 82 percent in favor of limiting the time lawmakers can serve in leadership positions.
However, a term limits effort backed by Bruce Rauner when he was campaigning for governor, contains a lot more than just limiting senators and representatives to eight years in office. It also would reduce the Illinois Senate from 59 to 43 members and increase House membership from 118 to 123. Also, the proposed amendment sought to raise the threshold for overriding a governor’s veto from the current three-fifths vote to two-thirds. Perhaps giving voters legislative districts that are not manipulated to the maximum benefit of the party that draws the map is a much more effective way to encourage better government.
Most people have no idea how the legislative district in which they live was created; who drew the boundaries for the Illinois House and Senate districts in which they reside? Legislative districts for the 177 members of the Illinois General Assembly are redrawn every 10 years after the U.S. census. Democrats controlled the map-drawing process in 1981, 2001, and 2011. Republicans drew the map in 1991. The only 2 years since 1983 that Rep. Michael Madigan was not Speaker of the House were January 1995 to January 1997, during the decade of the Republican-drawn map.
The creative redrawing of district maps has been called "gerrymandering". It's not a new concept. The term came into use in 1812, named after E. Gerry (Governor of Massachusetts whose party redistricted the state in 1812) + (sala)mander, from the fancied resemblance of Essex County, Massachusetts to this animal, after the redistricting.
Personality, individual ambition, and policy issues have often affected reapportionment (redistricting) debates. The final redistricting outcome in Illinois has usually been the result of three conflicting historic themes: territory vs. population, geography vs. party, and incumbent vs. challenger.
Territory vs. Population
The dramatic surge in Chicago and Cook County's population, which tripled its growth from 1870 to 1910, resulted in downstaters blocking any redistricting from 1901 to 1955 in spite of the fact that the 1870 constitution provided for it. Downstate legislators had successfully been in control even with their rural population. During that time an attempt to use population to determine House districts and territory to determine Senate districts was declared unconstitutional by the U.S. Supreme Court. These days Chicago faces a similar conundrum as its population moves to the suburbs. In 1955, all sides worked toward successful reapportionment, successful in that it brought about no profound political changes in the state.
Geography vs. Party
From 1870 to 1980, cumulative voting was used to elect members of the state House of Representatives. In 1980, political activist, later Governor, Pat Quinn, advocated a campaign to reduce the number of representatives in the state house through the "Cutback Amendment" which reduced the size of the house by one-third and proposed the single member district system - previously districts could have more than one Representative. One result of the cutback in House members from 177 to 118 members was that it allowed political party leaders to consolidate power and influence who may run for the state assembly. The complicated, detailed history of the redistricting issue in Illinois can be found in the pdf Legislative Redistricting in Illinois: A Historical Analysis.
http://www.ilga.gov/commission/lru/Green.pdf
Incumbent vs. Challenger
Self-preservation is a strong human characteristic, especially among Illinois legislators. Creative cartography has no doubt preserved many an incumbent. The incumbent can chop up the opposing party’s geographic strongholds and stick them onto districts where voter affiliation favors his party. Even better, one can use his map-drawing power to exact vengeance on a troublesome lawmaker, whose home can be conveniently placed outside the district he or she represents.
How is Map-making Currently Determined?
Section 3 of the Illinois Constitutional Amendment adopted at general election Nov. 4, 1980, provides that Legislative Districts shall be compact, contiguous, and substantially equal in population. In the year following the Federal census, the General Assembly by law shall redistrict the Legislative Districts and the Representative Districts. If no redistricting plan becomes effective by June 30 of that year, a Legislative Redistricting Commission shall be constituted consisting of eight members, no more than four of whom can be of the same political party. Specifics are given for how the members are chosen. (No longer is the governor the one to choose members.) If the Commission fails to file a redistricting plan by August 10, the Supreme Court shall submit two names, not of the same party and by September 5, the Secretary of State shall publicly conduct a random draw from those two names for the name of the ninth person on the Commission, who effectively becomes the tie-breaker so that a redistricting plan can be submitted.
Of the five legislative maps drawn since the 1970 constitution went into effect, only two have not ended in a random name being drawn from a hat. The draw has been used in every opportunity except 1971- the first year the new state constitution was in effect - and in 2011, the only post-census year since 1970 that Democrats controlled the governorship, the Illinois House, and the Illinois Senate. In 1981, Republicans controlled the governor's office, the Illinois House, and were just one vote shy of controlling the Illinois Senate, they lost the map-drawing privilege by the luck of the draw. In 1991, the draw went to the Republicans.
The 1971 map was a true compromise between a Republican governor, a Republican House and a Democratic Senate. The 2011 map was drawn and approved by Democrats, who controlled both chambers and the governor’s office. In the three remaps in between, the parties went all-or-nothing, choosing luck of the draw over compromise. Lost in the process is the interest of the voters who live in the districts that result from this game.
"Yes for Independent Maps" has a proposal: an Illinois constitutional amendment that will change the way redistricting is done. The movement says it will make the process transparent, independent and nonpartisan. It will be a citizen-led commission, with no politicians, no bureaucrats and no people that get state contracts.
A few years ago, when California voted on a similar independent redistricting amendment, some voiced concerns that the commission would not reflect the diversity of the state. Those worries turned out to be unfounded. Eleven of the fourteen members of the California commission belonged to minority groups (four Asian Americans, three Latinos, two African Americans, one Pacific Islander, one American Indian). Yes for Independent Maps has included diversity provisions. To find out more about the Independent Map Amendment or to download a petition, go to
http://www.mapamendment.org/index.html Notarized petitions must be mailed by April 21, 2016.
Unless otherwise noted all material in this article can be located at rebootillinois.com
