Governor Takes Bill Action

SPRINGFIELD - Governor Bruce Rauner took action today on the following bills:

Bill No.: HB 165
An Act Concerning Education
Action: Signed
Effective: Immediate

Bill No.: HB 217
An Act Concerning Regulation
Action: Signed
Effective: January 1, 2016

Bill No.: HB 1119
An Act Concerning Criminal Law
Action: Signed
Effective: January 1, 2016

Bill No.: HB 1121
An Act Concerning Criminal Law
Action: Signed
Effective: Immediate

Bill No.: HB 2503
An Act Concerning Transportation
Action: Signed
Effective: Immediate

Bill No.: HB 3270
An Act Concerning Public Aid
Action: Signed
Effective: Immediate

Bill No.: HB 3284
An Act Concerning State Government
Action: Signed
Effective: January 1, 2016

Bill No.: HB 3398
An Act Concerning Regulation
Action: Amendatory Veto
Note: Veto message below

Bill No.: HB 3552
An Act Concerning Civil Law
Action: Signed
Effective: January 1, 2016

Bill No.: HB 3619
An Act Concerning Employment
Action: Signed
Effective: January 1, 2016

Bill No.: SB 23
An Act Concerning Courts
Action: Signed
Effective: January 1, 2016

Bill No.: SB 1645
An Act Concerning Regulation
Action: Signed
Effective: January 1, 2016

Bill No.: SB 1702
An Act Concerning Transportation
Action: Amendatory Veto
Note: Veto message below

Bill No.: SB 1764
An Act Concerning Insurance
Action: Signed
Effective: January 1, 2016

Bill No.: SB 1834
An Act Concerning Transportation
Action: Amendatory Veto
Note: Veto message below

Bill No.: SB 1859
An Act Concerning Regulation
Action: Signed
Effective: January 1, 2016

Bill No.: SB 1906
An Act Concerning Revenue
Action: Signed
Effective: Immediate

Veto Message for HB 3398

To the Honorable Members of
The Illinois House of Representatives,
99th General Assembly:

Today I return House Bill 3398 with a specific recommendation for change.

House Bill 3398 would allow the Department of Public Health to grant nursing homes a waiver to certain nurse staffing ratio requirements if the facility demonstrates that it is unable, despite diligent efforts, to employ the required number of registered nurses.

For nursing facilities in certain regions of our State, it is difficult to find enough qualified nurses to meet mandated staffing ratios. This results in these nursing homes facing fines and loss of funding, forcing them to cut services to their residents. House Bill 3398 is an important tool in allowing flexibility in the face of an across the board, "one size fits all" government mandate, while still ensuring that elderly Illinoisans receive safe and high quality care.

As drafted, however, the waiver provisions of House Bill 3398 do not comply with federal law. While federal law allows states to grant registered nurse staffing waivers to Medicaid-certified facilities, only the federal Centers for Medicare and Medicaid Services has the authority to grant waivers to Medicare-certified facilities. As drafted, House Bill 3398 runs afoul of federal law by allowing the Department of Public Health to grant waivers to both Medicaid- and Medicare-certified facilities.

Therefore, pursuant to Section 9(e) of Article IV of the Illinois Constitution of 1970, I hereby return House Bill 3398, entitled "AN ACT concerning regulation", with the following specific recommendation for change:

On page 2, by replacing line 15 with "(c) Upon application by a facility that is not certified to participate in the Medicare program under Title XVIII of the Social Security Act, the Director may grant".

With this change, House Bill 3398 will have my approval. I respectfully request your concurrence.

Sincerely,

Bruce Rauner
GOVERNOR

Veto Message SB 1702

To the Honorable Members of
The Illinois Senate,
99th General Assembly:

Today I return Senate Bill 1702, which imposes new burdens on ex-offender re-entry into the job market, with a specific recommendation for change.

Senate Bill 1702 establishes licensing requirements for manufactured home dealers, which are currently licensed under other existing laws. I thank the sponsors, the Secretary of State, and interested parties for their cooperative work on this legislation.

As part of the new statutory requirements, Senate Bill 1702 would prohibit a person from obtaining a manufactured home dealer's license or from serving as an officer, director, or significant owner of a manufactured home dealer if he or she has been convicted of a "forcible felony," which is defined to include specific serious crimes as well as "any other felony which involves the use or threat of physical force or violence against any individual."

We must be careful whenever we disqualify ex-offenders from employment. While persons convicted of serious crimes may not be suitable for certain positions, disqualification is inconsistent with our goal of facilitating successful reentry of ex-offenders into society. In this case, the definition of forcible felony is potentially too broad: while it includes serious offenses like murder and rape, it also includes "any other felony which involves the use or threat of physical force or violence against any individual." Courts have examined and attempted to narrow the definition, but it remains open-ended and subject to frequent litigation, particularly over more common offenses like assault and battery. In addition, courts have instructed us that a disqualifying offense must have a clear nexus to the position. The connection between forcible felony and manufactured home sales is not apparent.

The bill's proposed disqualification would be permanent. Proponents of the bill have advised, however, that they intended the disqualification be for a shorter duration, such as 10 years. These ongoing discussions are further reason to remove the disqualification provision from the bill.

On page 8, by replacing lines 5 through 15 with "(8) blank.".

With this change, Senate Bill 1702 will have my approval. I respectfully request your concurrence.

Sincerely, Bruce Rauner
GOVERNOR

Veto Message 1834

To the Honorable Members of
The Illinois Senate,
99th General Assembly:

Today I return Senate Bill 1834 with specific recommendations for change. I thank the sponsors for their work on this bill, but believe these changes are needed to ensure the bill is clear in its intent.

Certain contract carrier companies use recording devices in their vehicles to monitor drivers and record information about crashes and other vehicle incidents. Senate Bill 1834 would define "video event recorder" - a device that continuously records audio, video, and G-force levels of a vehicle - and requires that the contract carrier post a notice in the vehicle that a passenger's conversations may be recorded. The changes recommended below are intended to correct ambiguities in the bill.

First, the definition proposed by Senate Bill 1834 is too narrow for its intended purpose. The bill could be read to require notice only if the recorder saves video in certain limited circumstances (when triggered by unusual shaking or when operated by the driver to monitor driver performance), but does not address if and when notice is required with the use of other types of recorder, such as those that might save audio data. The changes recommended below would provide a more standard definition of "video event recorder," to ensure notice is provided no matter what type of recorder is used.

Second, the notice requirement is added to an existing section (Section 12-604.1), which prohibits a person from operating a vehicle that displays television or video in front of the driver. Section 12-604.1 is intended to protect the public from distracted drivers and includes appropriate enforcement provisions, while the new provisions of Senate Bill 1834 are intended to protect privacy rights of the driver and passengers. The combination of these provisions is confusing. The changes recommended below would move the new notice requirements to a separate section to avoid confusion.

Therefore, pursuant to Section 9(e) of Article IV of the Illinois Constitution of 1970, I hereby return Senate Bill 1834, entitled "AN ACT concerning transportation", with the following specific recommendations for change:

On page 1, by replacing line 5 with: "Section 12-604.1 and by adding Sections 1-218.10 and 12-604.2 as follows:"; and

"(625 ILCS 5/1-218.10 new) Sec. 1-218.10. Video event recorder. A video recorder placed inside a vehicle that continuously records, in a digital loop, audio, video, and G-force levels."; and

On page 3, by replacing lines 12 through 18 with the following: "installed in a contract carrier vehicle."; and

On page 4, immediately after line 6, by inserting the following:
"(625 ILCS 5/12-604.2 new) Sec. 12-604.2. Video event recorders. A contract carrier vehicle carrying passengers that is equipped with a video event recorder shall have a notice posted in a visible location stating that a passenger's conversation may be recorded. Any data recorded by a video event recorder shall be the sole property of the registered owner or lessee of the contract carrier vehicle."

With these changes, Senate Bill 1834 will have my approval. I respectfully request your concurrence.

Sincerely,

Bruce Rauner
GOVERNOR