Dispute over Production and Re-codification
CALL Public Affairs Committee
June 2, 2003
The Public Affairs Committee
has made inquiries into the status of publication of the Illinois Administrative
Code. The initial cause of concern was the delay in its publication at
the start of this year. Our inquiries have revealed larger issues of considerable
concern that affect the accurate and timely publication of this critical
There is a standoff between
two State of Illinois bodies, each of which has a role in the production
of the Illinois Administrative Code. These are: the Joint Committee on
Administrative Rules (JCAR), a joint committee of the Illinois General
Assembly; and the Index Department of the Secretary of State.
compilations of the Illinois Administrative Code and the Illinois Register
are by statute those prepared by the Secretary of State, 5 Ill.Comp.Stat.Ann.
100/5-80(h) (West Supp. 2003). However, JCAR produced the Ill.Ad.Code
and the Illinois Register for over ten years, using the General Assembly’s
LIS database. The Index Department of the Secretary of State’s office
is now re-asserting its role in production of the Illinois Register and
the Illinois Administrative Code. Production of the Illinois Register
was transferred to the Index Department of this year. There remains an
impasse over the Illinois Administrative Code.
In 1998 the Secretary of State
published in the Illinois Register a notice of its intent to re-codify
the Administrative Code in a new organizational scheme that would place
the regulations in titles reflecting the title of the ILCS containing
the statutory authority under which they were promulgated, 22 Ill.Reg.11532
(1998). This new codification scheme is termed ILAC. A schedule for this
re-codification has been published in the Illinois Register, 27 Ill.Reg.233
(2003). The Index Department claims that it is now staffed and ready to
begin the re-codification to ILAC, but that it has been blocked by JCAR’s
refusal to cooperate, on grounds of electronic incompatibility. There
is a statutory requirement that any codification of administrative rules
be approved by JCAR, which approval “shall be conditioned solely
upon establishing that the proposed codification system and schedule are
compatible with existing electronic data processing equipment and programs
maintained by and for the General Assembly.”, 5 Ill.Comp.Stat.Ann.
100/5-80(a)(West 1993). The Index Department and JCAR disagree on whether
the Secretary of State’s codification system and schedule are compatible
with the General Assembly’s database.
The Illinois Administrative
Code continues to be maintained by JCAR and is now being placed on its
website as titles are converted and reviewed for web presentation. http://www.legis.state.il.us/commission/jcar/admincode/titles.html
The Illinois Administrative Code database maintained by JCAR is the sole
source of available paper and electronic presentations of the Ill.Ad.Code,
including the CD-ROM issued until now by the Secretary of State and the
products available from West, Lexis, and other vendors. JCAR recognizes
that their Ill.Ad.Code is not an official version. The Secretary of State’s
Index Department claims that this Ill.Ad.Code is rife with errors, while
JCAR expresses doubt about the readiness of the Index Department to produce
ILAC. Both the Index Department and JCAR admit, in their own way, the
necessity of a political solution to this impasse.
The CALL Public Affairs Committee
will explore how CALL can help further the resolution of this serious
impairment of provision of authoritative published administrative regulations
to the public.