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Archived Articles
Illinois Cultural News
(Articles appear from the newest to the oldest.  To read the articles in the time line in which they were posted, scroll down to find the oldest in the tread and read upwards from oldest to newest.) 
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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
 
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


 
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