It’s not the most provocative topic at the Statehouse, but the process for determining how new laws will be implemented by state agencies briefly took center stage in the Senate Thursday afternoon.
Legislation sponsored by Senator Don Harmon (D-Oak Park) seeks to correct a few problems that have arisen in the General Assembly’s bipartisan rule-making review process, which is carried out by a 12-lawmaker panel known as the Joint Commission on Administration Rules – or JCAR.
Harmon is a co-chairman of the commission. He said the legislation is a response to actual problems the commission has encountered, not a backdoor attempt to hamstring a governor – an accusation levied by at least one Republican senator.
But Harmon added that the commission wants to demand accountability of state agencies and increase efficiency and transparency in the rule-making review process.
“There is nothing saucy here. These are ministerial and mundane things. This is simply an attempt to help us maintain balance between the executive and legislative branches,” Harmon said. “The executive branch has only the rule-making authority that the General Assembly delegates to it. This is not about Democrat or Republican, or about this governor or that governor. This is about the Legislature protecting its domain from executive overreach.”
JCAR seldom gets much public attention, but its work is vitally important because it oversees how rules are promulgated by state agencies and it facilitates public comment about rules and regulations.
The problems Harmon’s measure seeks to address include agencies asking for rules to be pushed through on an “emergency” basis when there is no emergency, just poor planning on their part; clarifying that JCAR may review standardized forms for policy content; and updating a guideline about how frequently JCAR may evaluate existing agency rules.
The measure, House Bill 3222, passed 36-21 in the Senate Thursday.