Governor takes action on legislation on human rights, immigration; takes additional bill action

SPRINGFIELD — By signing SB 20 today, Gov. Bruce Rauner advanced his administration's effort to professionalize the Illinois Human Rights Commission and the Illinois Department of Human Rights. 

The signing was a show of good faith to the aggrieved parties, business respondents, pro se parties, attorneys of record and others harmed by years-long delay in resolving discrimination complaints. The governor called for a collaborative effort to ensure that the legislation is fully implemented in conjunction with the mandates of his Executive Order 2018-08.
 
Rauner also signed two immigration bills into law.
 
SB 3109 will principally benefit DACA immigrants. It provides that neither the Department of Financial and Professional Regulation nor the Illinois State Board of Education shall deny a license, certificate, permit, or registration based solely on an applicant's citizenship or immigration status.
 
In signing the legislation, Rauner noted that citizenship and immigration status are not relevant in considering professional qualifications. Rauner signed similar legislation in 2015 for law licenses.
 
The governor also signed SB 3488 barring state and local agencies from creating or participating in the creation of unconstitutional or illegal registries, i.e. those that are based solely on classifications protected by our human rights law, including religion or national origin.
 
The laws he signed align with the Governor's belief that the nation and the state of Illinois should be immigrant-friendly within the bounds of federal immigration law. No state law should require, authorize, or encourage resistance to or evasion of federal agencies' lawful efforts to enforce federal statutes.
 
The governor also acted on the following legislation:
 
Bill No.: HB 4100
An Act Concerning Regulation
Action: Sign
Effective Date: Jan. 1, 2019
 
Bill No.: HB 4146
An Act Concerning Regulation
Action: Sign
Effective Date: Immediately
 
Bill No.: HB 4165
An Act Concerning Health Care
Action: Veto
Note: Veto Message Below
 
Bill No.: HB 4554
An Act Concerning Criminal Law
Action: Sign
Effective Date: Jan. 1, 2019
 
Bill No.: HB 4687
An Act Concerning Civil Law
Action: Sign
Effective Date: Jan. 1, 2019 
 
Bill No.: HB 4768
An Act Concerning Education
Action: Sign
Effective Date: Jan. 1, 2019
 
Bill No.: HB 4799
An Act Concerning Education
Action: Sign
Effective Date: Immediately
 
Bill No.: HB 4821
An Act Concerning Regulation
Action: Sign
Effective Date: Jan. 1, 2019 
 
Bill No.: HB 4882
An Act Concerning Education
Action: Veto
Note: Veto Message Below
 
Bill No.: HB 4949
An Act Concerning Business
Action: Sign
Effective Date: Jan. 1, 2019
 
Bill No.: HB 5047
An Act Concerning Civil Law
Action: Sign
Effective Date: Immediately
 
Bill No.: HB 5155
An Act Concerning Civil Law
Action: Sign
Effective Date: Jan. 1, 2019
 
Bill No.: HB 5175
An Act Concerning Education
Action: Veto
Note: Veto Message Below
 
Bill No.: HB 5201
An Act Concerning Local Government
Action: Sign
Effective Date: Jan. 1, 2019 
 
Bill No.: HB 5288
An Act Concerning State Government
Action: Sign
Effective Date: Jan. 1, 2019
 
Bill No.: HB 5696
An Act Concerning Education
Action: Sign
Effective Date: Immediately
 
Bill No.: HB 5750
An Act Concerning Appropriations
Action: Veto
Note: Veto Message Below
 
Bill No.: HB 5814
An Act Concerning State Government
Action: Sign
Effective Date: Immediately
 
Bill No.: HB 5868
An Act Concerning Health
Action: Sign
Effective Date: Jan. 1, 2019
 
Bill No.: SB 20
An Act Concerning State Government
Action: Sign
Effective Date: Immediately
Note: Signing Message Below
 
Bill No.: SB 34
An Act Concerning Government
Action: Veto
Note: Veto Message Below
 
Bill No.: SB 35
An Act Concerning Government
Action: Veto
Note: Veto Message Below
 
Bill No.: SB 200
An Act Concerning Employment
Action: Sign
Effective Date: Immediately
 
Bill No.: SB 211
An Act Concerning Gaming
Action: Sign
Effective Date: Immediately
 
Bill No.: SB 457
An Act Concerning Health
Action: Sign
Effective Date: Immediately
 
Bill No.: SB 585
An Act Concerning Revenue
Action: Sign
Effective Date: Jan. 1, 2019
 
Bill No.: SB 2332
An Act Concerning Criminal Law
Action: Veto
Note: Veto Message Below
 
Bill No.: SB 2376
An Act Concerning Local Government
Action: Veto
Note: Veto Message Below
 
Bill No.: SB 2481
An Act Concerning Courts
Action: Amendatory Veto
Note: Veto Message Below
 
Bill No.: SB 2516
An Act Concerning Children
Action: Sign
Effective Date: Jan. 1, 2019
 
Bill No.: SB 2546
An Act Concerning Education
Action: Veto
Note: Veto Message Below
 
Bill No.: SB 2598
An Act Concerning Local Government
Action: Sign
Effective Date: Jan. 1, 2019
 
Bill No.: SB 2707
An Act Concerning State Government
Action: Sign
Effective Date: Jan. 1, 2019
 
Bill No.: SB 2808
An Act Concerning Regulation
Action: Sign
Effective Date: Jan. 1, 2019
 
Bill No.: SB 2830
An Act Concerning Local Government
Action: Veto
Note: Veto Message Below
 
Bill No.: SB 3052
An Act Concerning Business
Action: Veto
Note: Veto Message Below
 
Bill No.: SB 3075
An Act Concerning State Government
Action: Sign
Effective Date: Jan. 1, 2019
 
Bill No.: SB 3086
An Act Concerning Government
Action: Sign
Effective Date: Immediately
 
Bill No.: SB 3093
An Act Concerning State Revenue
Action: Sign
Effective Date: Jan. 1, 2019
 
Bill No.: SB 3103
An Act Concerning Civil Law
Action: Veto
Note: Veto Message Below
 
Bill No.: SB 3109
An Act Concerning State Government
Action: Sign
Effective Date: Jan. 1, 2019
 
Bill No.: SB 3120
An Act Concerning Civil Law
Action: Sign
Effective Date: Immediately
 
Bill No.: SB 3136
An Act Concerning State Government
Action: Amendatory Veto
Note: Veto Message Below
 
Bill No.: SB 3156
An Act Concerning Safety
Action: Sign
Effective Date: Immediately
 
Bill No.: SB 3205
An Act Concerning Finance
Action: Sign
Effective Date: Immediately
 
Bill No.: SB 3255
An Act Concerning Regulation
Action: Sign
Effective Date: One year after becoming law
 
Bill No.: SB 3261
An Act Concerning Regulation
Action: Sign
Effective Date: Jan. 1, 2019
 
Bill No.: SB 3285
An Act Concerning State Government
Action: Sign
Effective Date: Jan. 1, 2019
 
Bill No.: SB 3290
An Act Concerning Public Aid
Action: Sign
Effective Date: Jan. 1, 2019
 
Bill No.: SB 3295
An Act Concerning Civil Law
Action: Sign
Effective Date: Jan. 1, 2019
 
Bill No.: SB 3404
An Act Concerning Criminal Law
Action: Sign
Effective Date: Jan. 1, 2019
 
Bill No.: SB 3488
An Act Concerning Government
Action: Sign
Effective Date: Jan. 1, 2019
 
Bill No.: SB 3560
An Act Concerning Finance
Action: Sign
Effective Date: Immediately
 
 
Veto Message for HB 4165  is below:
 
To the Honorable Members of
The Illinois House of Representatives,
100th General Assembly:
 
Today I veto House Bill 4165 from the 100th General Assembly, which explicitly prohibits the State of Illinois from applying for any federal waiver that would allow individual or group health insurance plans to reduce any protection or coverage that was in effect on January 1, 2017 under one particular federal law, the Patient Protection and Affordable Care Act (PPACA), or from applying for any federal Medicaid waiver that would result in more restrictive requirements than those that were in effect in Illinois as of January 1, 2017.  The State of Illinois would be unduly restricted from exercising its flexibility in pursuing insurance coverage options under existing federal law, the State Employees Group Insurance Act of 1971, Illinois Insurance Code, and Illinois Public Aid Code.

This legislation calls for the State to obtain a joint resolution of the General Assembly before pursuing a federal waiver and would ultimately lessen the executive authority granted to me for my administration to adjust insurance coverage under the federal waiver process provided for in applicable federal statutes such as the PPACA, Social Security Act, and Children's Health Insurance Program Act.  It would constrain the State as it continues to seek out innovative ways to make health insurance more affordable, even when current or future federal law would allow for those changes.  Instead, it tips the scales toward the status quo for healthcare in Illinois.  This legislation purports to protect persons with pre-existing conditions and coverage for services labeled essential health benefits under the PPACA, but instead, runs afoul of separation of powers and permits governmental overreach and heavy-handedness in picking clear winners and losers in the insurance marketplace in Illinois. The insurance marketplace should determine what coverages should or should not be offered to consumers, not our legislators.

It is my responsibility to ensure that the most competitive group health insurance plans are made available to all Illinois citizens.  I cannot, in good faith, allow for any erosion of my gubernatorial charge in this regard.

Therefore, pursuant to Section 9(b) of Article IV of the Illinois Constitution of 1970, I hereby return House Bill 4165, entitled "AN ACT concerning healthcare," with the forgoing objections, vetoed in its entirety.
 
Sincerely,
 
Bruce Rauner
GOVERNOR
 
Veto Message for HB 4882  is below:
 
To the Honorable Members of
The Illinois House of Representatives,
100th General Assembly:
 
Today I veto House Bill 4882, which would expand the Grow Your Own Teacher preparation program.

Illinois is facing an acute teacher shortage. Our administration has undertaken numerous steps to address the shortage, including signing HB5627 which changes teacher licensure requirements to make it easier for out-of-state, retired, and substitute teachers to become certified to teach in Illinois. The administration has also signed HB4742, HB5196, HB5754 and SB2658, all of which aim to address the teacher shortage by removing existing licensure barriers.

We must be rigorous in ensuring all teacher preparation programs are grounded in evidence, so that our taxpayers' dollars fund programs only of the highest quality. This administration is unwilling to experiment with the future of Illinois' children by sacrificing teacher excellence.

Therefore, pursuant to Section 9(b) of Article IV of the Illinois Constitution of 1970, I hereby return House Bill 4882, entitled "AN ACT concerning education", with the forgoing objections, vetoed in its entirety.
 
Sincerely,
 
Bruce Rauner
GOVERNOR
 
Veto Message for HB 5175  is below:
 
To the Honorable Members of
The Illinois House of Representatives,
100th General Assembly:
 
Today I veto House Bill 5175 from the 100th General Assembly, which, per my veto message earlier this year, would eliminate an appeals process for certain denial or closure decisions affecting charter school applicants and operators.
 
This legislation was vetoed in February, 2018, and still represents bad public policy. The Charter School Commission remains a proper venue to appeal these decisions of local school boards before sending parties to court, and the Commission has a history of thoughtfully evaluating appeals to ensure that all Illinois children have access to a high-quality education.
 
Therefore, pursuant to Section 9(b) of Article IV of the Illinois Constitution of 1970, I hereby return House Bill 5175, entitled "AN ACT concerning education," with the foregoing objections, vetoed in its entirety.
 
Sincerely,

Bruce Rauner
GOVERNOR
 
Veto Message for HB 5750 is below:
 
To the Honorable Members of
The Illinois House of Representatives,
100th General Assembly:
 
Today I veto House Bill 5750 from the 100th General Assembly, which appropriates funds to the State Board of Education for school district broadband expansion.
 
This appropriation was incorporated into the negotiated budget, Public Act 100-586, and is this standalone bill is therefore moot.
 
Therefore, pursuant to Section 9(b) of Article IV of the Illinois Constitution of 1970, I hereby return House Bill 5750, entitled "AN ACT concerning appropriations," with the foregoing objections, vetoed in its entirety.
 
Sincerely,

Bruce Rauner
GOVERNOR
 
Signing Message for SB 20 is below:
 
Today I sign Senate Bill 20 to further advance my administration's ongoing efforts to professionalize the Illinois Human Rights Commission ("Commission") and the Illinois Department of Human Rights ("Department") through fundamental structural, process, and procedural changes. 

As presented to me, this legislation offers revisions to the governing and personnel structure of the Commission, procedural and notice updates to both the Commission and Department, and statutory changes to allow complainants to opt-out of the State administrative process and expand the statute of limitations period for charges of discrimination from 180 days to 300 days.

This bill is an outgrowth of executive action that I undertook last year when I realized that Illinois most vulnerable citizens were waiting years to attain justice.  Thousands of civil rights complaints were sitting unadjudicated at the Commission without any prospects of resolution.  I stated unequivocally then as I do now that this egregious backlog of discrimination matters could not stand.

That is precisely why I issued Executive Order 17-02 on March 31, 2017, seeking consolidation of the Commission and Department to effectively eliminate the egregious backlog of civil rights charges that had grown over multiple years and to improve operational efficiencies.  Without explanation, the General Assembly rejected my proposal.  Undeterred, I sought a different approach to address these delays head on and better services.  Executive Order 18-08 was issued on June 20, 2018 and the executive action directs the Illinois Department of Central Management Services ("CMS") Bureau of Administrative Hearings, the Commission, and the Department to collaborate and share resources for specific purposes of the pending backlog of civil rights complaints before the Commission current and institute lasting process and procedural changes that will prevent these delays from recurring.

My directives in Executive Order 2018-08 were clear.  I compelled the CMS Bureau of Administrative Hearings, the Commission, and the Department to coordinate by: (1) developing a benchmark system and (within 60 days) a plan for complete elimination of backlog within 18 months; (2) identifying where legislation, rules, and internal policies may be amended to streamline process; (3) executing intergovernmental agreements to share resources; (4) developing (with DoIT) technological solutions and shared case management systems; (5) tracking and reporting (at least quarterly) total number of pending cases, average and median length of time for case resolution, and other information necessary to capture backlog or delay; (6) soliciting feedback and surveying parties appearing before the Commission and the Department and incorporating suggestions for better service; and (7) developing and participating in training programs, including Rapid Results training program.

Sixty days have since passed from my issuance of Executive Order 2018-08 and the CMS Bureau of Administrative Hearings has issued its 60-Day Plan which concluded the following: (1) To address current caseload and ensure future sustainability, the Commission should hire a Deputy General Counsel, two Assistant General Counsel, and seven Contract Attorneys.  (2) Commissioners have expressed a desire and willingness to do as much work as the Commission's attorneys can prepare for a Commission panel each month.  (3) Town Hall Forum meetings will allow those interested in voicing concerns an opportunity to engage and address both the Department and Commission in a single forum.  (4) Sharing of a case management system and creating a bridge between systems will facilitate the electronic transfer of case information, allowing both agencies access to real-time data throughout the life cycle of a case.

In the past sixty days, the CMS Bureau of Hearings, the Commission, and the Department have worked tirelessly with one another in a cooperative and collaborative manner.  Much has been achieved in this short amount of time.  In fact, the Commission has reviewed and issued 306 Draft Orders, served 100 Notices of No Exceptions, and disseminated 84 Dismissals for Failure to File.  Executive Order 2018-08 has already served to fundamentally alter antiquated processes and outdated procedures at the Commission and the Department, largely due to the leadership and expertise by the CMS Bureau of Administrative Hearings and State agency personnel.  As such, I think it an opportune time to codify the additional structural, process, and procedural reforms enumerated in SB 20.

I sign SB 20 as a show of good faith to the aggrieved parties, business respondents, pro se parties, attorneys of record, etc. harmed by delays in resolving discrimination complaints.  I thank the Illinois General Assembly, business community, advocacy groups, and stakeholders who brought this compromise language to me.   From my vantage point, we are at a crossroads and I call upon all interested parties to join me in ensuring that SB 20 is fully implemented in conjunction with the mandates of Executive Order 2018-08. 

To that end, today, I direct the Commission and Department to make the 60-Day Plan made publicly available on each of their respective websites.
 
Veto Message for SB 34 is below:
 
To the Honorable Members of
The Illinois Senate,
100th General Assembly:
 
Today I veto Senate Bill 34 from the 100th General Assembly, which imposes problematic mandates and timelines on agencies that receive certain types of protective visa applications.
 
U and T visas are non-immigrant visas issued for law enforcement purposes to otherwise deportable persons who are victims of criminal exploitation or abuse, including human trafficking, and are willing to assist law enforcement and government officials in the investigation or prosecution of the perpetrators. The purpose of such visas is to encourage cooperation with law enforcement by alleviating fear of deportation, encourage strong relations between law enforcement and these especially vulnerable classes of immigrants, and prevent deportation of witnesses before investigations and trials can be completed.
 
SB 34 provides that upon receiving a request for completion of a U or T visa certification form, a certifying official in the receiving law enforcement agency or prosecution office must complete the certification form and provide it to the requesting person under an aggressive timeline, unless the certifying official, after a good faith inquiry, cannot determine that the applicant is a victim of qualifying criminal activity. This is a significant change of law concerning the obligations of law enforcement agencies. Both the mandatory response requirements and timelines will subject agencies and certifying officials to significant liability, even for good faith efforts to certify. Requiring certification within a tight timeline but also subjecting law enforcement to perjury if a mistake is made is an unacceptably risky position to put law enforcement in. Further, the agencies that may be required to certify go far beyond who should be making the legal determination necessary to certify the applicant's eligibility for the visa. This responsibility should lie with the states attorney in the jurisdiction where the implicated crime occurred.
 
 
Finally, the bill provides no funding for the additional personnel State and local law enforcement agencies would inevitably be required to hire to process a likely large increase in applications for U and T visas. The Illinois State Police, for example, anticipate that if enacted this legislation would require hiring additional attorneys and support staff, costing hundreds of thousands of dollars annually.
 
SB 34 constitutes an unfunded mandate upon already strained State, local, and federal law enforcement agencies beyond justifiable law enforcement need, allows for the legal determinations these applications require to be assigned to inappropriate agencies without the ability to accommodate the timelines in a responsible manner.
 
Therefore, pursuant to Section 9(b) of Article IV of the Illinois Constitution of 1970, I hereby return Senate Bill 34, entitled "AN ACT concerning government", with the foregoing objections, vetoed in its entirety.
 
Sincerely,
Bruce Rauner
GOVERNOR

Veto Message for SB 35 is below:
 
To the Honorable Members of
The Illinois Senate,
100th General Assembly:
 
Today I veto Senate Bill 35 from the 100th General Assembly, which would require the Illinois Attorney General to publish model policies for limiting assistance to federal immigration officers by quasi-government entities such as public schools and libraries.
 
The bill directs the Attorney General to give guidance with the purpose of limiting cooperation with authorities "to the fullest extent possible consistent with federal and State law." The bill would also require removal of immigration status as a factor in granting public school or college assistance, and removal of any questions about immigration status in applications for state benefits, opportunities, or services, except as required by law.
 
Federal law (8 U.S. Code § 1373) prohibits any person or government entity from restricting in any way any government entity or official from sending to the Immigration and Naturalization Service information regarding the citizenship or immigration status of any individual, requesting or receiving such information, or exchanging such information with any other government entity.
 
It is the policy of this administration to comply with both the letter and spirit of that law, and this legislation demonstrates an intent to undermine the spirit of federal immigration law by guiding and encouraging government entities to restrict assistance to federal authorities.
 
Therefore, pursuant to Section 9(b) of Article IV of the Illinois Constitution of 1970, I hereby return Senate Bill 35, entitled "AN ACT concerning government," with the foregoing objections, vetoed in its entirety.
 
Sincerely,

Bruce Rauner
GOVERNOR
 
Veto Message for SB 2332 is below:
 
To the Honorable Members of
The Illinois Senate,
100th General Assembly:
 
Today I veto Senate Bill 2332 from the 100th General Assembly, which would raise the age for purchasing tobacco products to 21 and eliminate the penalty for minors possessing tobacco.
 
Smoking is detrimental to the health of Illinoisans of all ages. It is important that we address the issues caused by tobacco use, especially since many people begin using tobacco at a young age. Unfortunately, this legislation will inhibit the choice of consumers while also not helping keep tobacco products out of the hands of youth.
 
Raising the age people can purchase tobacco products will push residents to buy tobacco products from non-licensed vendors or in neighboring states. Since no neighboring state has raised the age for purchasing tobacco products, local businesses and the State will see decreased revenue while public health impacts continue.
 
Furthermore, the existing penalty that this legislation removes for minors possessing tobacco is reasonable, provides the opportunity for education on the harmful effects of tobacco products, and is a disincentive for tobacco use. Eliminating this penalty will make it harder for communities to effectively address the public health issues connected to tobacco products.
 
Therefore, pursuant to Section 9(b) of Article IV of the Illinois Constitution of 1970, I hereby return Senate Bill 2332, entitled "AN ACT concerning criminal law," with the foregoing objections, vetoed in its entirety.
 
Sincerely,

Bruce Rauner
GOVERNOR
 
Veto Message for SB 2376 is below:
 
To the Honorable Members of
The Illinois Senate,
100th General Assembly:
 
Today I veto Senate Bill 2376 from the 100th General Assembly, which creates a new Cook County Water Infrastructure Grant Program to be administered by Illinois EPA to assist municipalities with accessing Lake Michigan water. While this grant program is currently unfunded, it is created with the expectation that in future years it will be.
 
The Illinois EPA already provides low-interest loans for Wastewater/Stormwater and Drinking Water infrastructure, for which communities from any part of the state can apply.
 
Local water infrastructure should be primarily paid by user fees from the customers who benefit from a specific project. It is inappropriate for the state of Illinois to take taxpayer dollars from the entire state for the explicit purpose of only funding water infrastructure for one county in the state.
 
Therefore, pursuant to Section 9(b) of Article IV of the Illinois Constitution of 1970, I hereby return Senate Bill 2376, entitled "AN ACT concerning local government," with the foregoing objections, vetoed in its entirety.
 
Sincerely,

Bruce Rauner
GOVERNOR
 
Veto Message for SB 2481 is below:
 
To the Honorable Members of
The Illinois Senate,
100th General Assembly:
 
Today, I return Senate Bill 2481 with specific recommendations for change. We need to balance the need for relieving citizens inadvertently harmed by the state with the burden to which the state and its taxpayers are subjected through litigation awards it cannot afford.

When citizens are inadvertently harmed by the State of Illinois or State employees performing their duties, they are granted statutory recourse to address those harms through the Illinois Court of Claims. There are approximately eight thousand cases filed against the State of Illinois each year, two hundred of which are for torts. Currently, these tort claims are subject to a cap of $100,000.

I recognize that the current law is outdated and in need of adjustment. However, this adjustment should reflect regional and national averages in order to properly compensate those who, once properly adjudicated, were found harmed by the State of Illinois.

This legislation raises the cap on awards from $100,000 to $2,000,000, effectively ignoring the impact of vastly expanded future litigation on the fiscal position of the State and its taxpayers.

The increase stands out when compared to other large states across America.  Among the largest states in the nation, the cap averages about $350,000 for individual claims. As proposed, SB 2481 would make Illinois an extreme outlier when compared to our surrounding states. Wisconsin and Michigan are almost entirely immune from tort liability. Kentucky caps claims at $250,000; Indiana at $700,000 and Missouri at $300,000. Iowa has essentially no cap on tort claims. Further, the increase proposed far outpaces what would be a reasonable increase based on growth statistics available from the United States Department of Labor's Bureau of Labor Statistics. Finally, as proposed, this legislation could invite frivolous lawsuits and expose taxpayers to hundreds of millions of dollars of potential damages each year without adequate study or justification. 
Understanding that, I am adjusting the cap to a more reasonable and justifiable $300,000.

Therefore, pursuant to Section 9(e) of Article IV of the Illinois Constitution of 1970, I hereby return Senate Bill 2481, entitled "AN ACT concerning courts," with the following recommendation for change:
 
On page 3, line 16, by replacing "$2,000,000" with "$300,000"; and
 
On page 3, line 17, by replacing "$2,000,000" with "$300,000".
 
With these changes, Senate Bill 2481 will have my approval. I respectfully request your concurrence.
 
Sincerely,
 
Bruce Rauner
GOVERNOR
 
Veto Message for SB 2546 is below:
 
To the Honorable Members of
The Illinois Senate,
100th General Assembly:
 
Today I veto Senate Bill 2546 from the 100th General Assembly, which amends the Illinois Educational Labor Relations Act (the "Act") by declaring that the term "student" excludes essentially all graduate students and instead includes graduate assistants within the definition of "educational employee" or "employee" as used in this Act.

Under this legislation, graduate students who are research assistants that primarily perform duties that involve research or who are primarily performing pre-professional duties would no longer be deemed students under the Act.  By treating these graduate students as educational employees or employees, instead of as students, they would be permitted to unionize as a bargaining unit at State educational institutions.  

Classifying them as employees would change the relationship between graduate students and professors, which is at the core of graduate education, from cooperative and mentoring to transactional.  This change overlooks the pre-professional, career-building nature of the training that graduate research assistant and other graduate assistant positions provide.  Treating graduate assistants as employees and not students ignores the personal nature of the graduate educational process, where individual students make choices in their best educational and career interests. 

Therefore, pursuant to Section 9(b) of Article IV of the Illinois Constitution of 1970, I hereby return Senate Bill 2546, entitled "AN ACT concerning education," with the forgoing objections, vetoed in its entirety.
 
Sincerely,
 
Bruce Rauner
GOVERNOR
 
 
Veto Message for SB 2830 is below:
 
To the Honorable Members of
The Illinois Senate,
100th General Assembly:
 
Today I veto Senate Bill 2830 from the 100th General Assembly, which amends the Election Code to provide that trustees for the Fox Metro Water Reclamation District will be elected, rather than appointed.
 
Currently, the three water reclamation districts created under the Sanitary District Act of 1917 (70 ILCS 2405) - the Fox River Water Reclamation District, the Sanitary District of Decatur, and the Northern Moraine Wastewater Reclamation District - select their officials via appointments.
 
Passing a state law impacting only a single unit of local government is questionable practice subject to possible political motivations and should be avoided. The state should not be codifying in law carve-outs and special solutions that only apply to an individual unit of local government. If the governance model introduced by this legislation represents good practice, then it should be applied to all reclamation districts uniformly.
 
Therefore, pursuant to Section 9(b) of Article IV of the Illinois Constitution of 1970, I hereby return Senate Bill 2376, entitled "AN ACT concerning local government," with the foregoing objections, vetoed in its entirety.
 
Sincerely,
Bruce Rauner
GOVERNOR
 
Veto Message for SB 3052 is below:
 
To the Honorable Members of
The Illinois Senate,
100th General Assembly:
 
Today I veto Senate Bill 3052 from the 100th General Assembly, which would regulate private construction contracts by imposing rigid limits on retainage, a tool used by owners or contractors on construction projects to better guarantee on-time and high-quality project completion.
 
"Retainage" refers to an agreed-upon percentage of a contract amount that an owner or contractor withholds until the work is substantially complete or meets project milestones defined by the owner to ensure contractors or subcontractors satisfy obligations according to contract. The contracting entities negotiate and include the retainage percentage in their contracts.
 
This legislation severely restricts private entities' ability to negotiate retainage amounts by codifying a 10-percent retainage cap prior to 50-percent project completion, and a 5-percent cap thereafter on private construction contracts except those pertaining to single or multi-family homes with 12 or fewer units. The retainage restrictions aim to alleviate cash-flow issues for contractors and subcontractors, but they consequently deprive owners of the ability to negotiate and withhold appropriate retainage due to poor and non-performance. Furthermore, retainage amounts often differ by project and these caps may be too low for retainage to adequately "insure" investments on certain projects, which may ultimately end in fewer approved construction loans or higher financing costs - especially when partnering with firms with less established track records, such as startups.
 
Owners and contractors should withhold as retainage only reasonable amounts and release that retainage as promptly as possible to prevent abuses that can leave contractors or subcontractors waiting too long for payment and cause them undue financial strain. While I acknowledge that some unscrupulous owners and contractors sometimes engage in improper retainage practices, the State should not regulate with legislation what should instead be negotiated between private parties and may differ from project to project, particularly considering this approach could potentially discourage economic growth, harm existing businesses, increase financing costs, and leave owners with no recourse to address performance issues on construction projects.  My position in no way precludes the private sector from doing everything that it can to root out unfair contracting practices that harm the state's most vulnerable small businesses and startups.
 
Our state could not prosper without our contractors and subcontractors, and we should encourage fair contracting practices in the public and private sectors. This governmental overreach, however, intrudes upon private entities' right to negotiate their own contracts, and it may constrain economic development.
 
Therefore, pursuant to Section 9(b) of Article IV of the Illinois Constitution of 1970, I hereby return Senate Bill 3052, entitled "AN ACT concerning business," with the foregoing objections, vetoed in its entirety.
 
Sincerely,
 
Bruce Rauner
GOVERNOR
 
Veto Message for SB 3103 is below:
 
To the Honorable Members of
The Illinois Senate,
100th General Assembly:
 
Today I veto Senate Bill 3103 from the 100th General Assembly, which would restrict landlord reporting of undocumented immigrants to any immigration law enforcement agency.
                    
Federal law (8 U.S. Code § 1373) prohibits any person or government entity from restricting in any way any government entity or official from sending to the Immigration and Naturalization Service information regarding the citizenship or immigration status of any individual, requesting or receiving such information, or exchanging such information with any other government entity.
 
Illinois continues to be a welcoming state for all and continuously strives to protect the rights of all residents. However, we must comply federal law.
 
Therefore, pursuant to Section 9(b) of Article IV of the Illinois Constitution of 1970, I hereby return Senate Bill 3103, entitled "AN ACT concerning civil law," with the foregoing objections, vetoed in its entirety.
 
Sincerely,
Bruce Rauner
GOVERNOR
 
Veto Message for SB 3136 is below:
 
To the Honorable Members of
The Illinois Senate,
100th General Assembly:
 
Today, I return Senate Bill 3136 with specific recommendations for change.

This legislation would give the State Police Merit Board and Department of Corrections more discretion in determining what circumstances merit termination when a state police or corrections officer tests positive for cannabis use. Current law mandates that an officer must be discharged from employment if they test positive for marijuana in a drug test. However, in the changing legal landscape surrounding marijuana use, legal use of marijuana for medical purposes pursuant to a prescription may justify an officer keeping their job despite a positive drug test.

These new circumstances form a compelling reason to give more discretion to the Merit Board in determining when the termination of an officer for marijuana use is warranted. However, any use of marijuana for other than legally authorized medical use is illegal in the State of Illinois and our law enforcement and corrections officers should be held to the highest standards of behavior outside of the narrow situations where use was legal and medically justifiable.

Therefore, pursuant to Section 9(e) of Article IV of the Illinois Constitution of 1970, I hereby return Senate Bill 3136, entitled "AN ACT concerning State government," with the following specific recommendations for change:

On page 1, replace lines 10-17 with the following:

"procedures for any substance prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act shall be discharged from employment unless the positive test result was due solely to use or consumption of a substance controlled by the Cannabis Control Act but authorized for use by the person for medical purposes pursuant to applicable Illinois law. Refusal to submit to a drug test,"; and

On page 2, by replacing lines 8 through 15 with the following:

"drug testing procedures for any substance prohibited by the Cannabis Control Act, the Illinois Controlled Substances Act, or the Methamphetamine Control and Community Protection Act shall be discharged from employment unless the positive test result was due solely to use or consumption of a substance controlled by the Cannabis Control Act but authorized for use by the person for medical purposes pursuant to applicable Illinois law. Refusal to submit to a drug test,".

 
With these changes, Senate Bill 3136 will have my approval. I respectfully request your concurrence.

Sincerely,

Bruce Rauner
GOVERNOR