August 18,
2009
To the
Honorable Members of the House of Representatives,
96th
General Assembly,
In accordance with Article IV, Section 9(e) of the Illinois
Constitution, I hereby return House Bill 2547 with the following specific
recommendation for change.
This legislation seeks to achieve a laudable goal. I
commend the sponsors of this legislation for their commitment to the protection
of children, and for their commitment to promoting civil and human rights
generally.
Although I wholeheartedly endorse the objectives of this
legislation, the means by which it proposes to achieve this objective are
problematic. Before I approve legislation committing this administration to
any task, I must be sure that there are sufficient resources and structures in
place to perform the task to the high standard of professionalism I expect of
all state employees.
The bill, as drafted, beginning January 1, 2010, would give
the Illinois Department of Human Rights the jurisdiction to consider charges of
severe bullying pervasive harassment against children.
It is beyond question that we have a collective
responsibility to ensure that children have access to education, a right
guaranteed by the Illinois Constitution, in a safe and nurturing environment,
free of harassment or duress of any kind.
Yet, extending the jurisdiction of the Department in this
way without providing the staff and resources necessary to properly handle
these matters would not in my judgment or the Department’s judgment reduce the
instance of harassment and bullying in schools.
Moreover, currently, the Department’s cases generally
involve adults. The proper handling of children’s issues requires
professionals trained in child-specific psychology, law, and medicine. The
Department must have these resources in place in order to handle the matters
contemplated in this statute effectively.
Therefore, pursuant to Article
IV, Section 9(e) of the Illinois Constitution of 1970, I hereby return House
Bill 2547, entitled “AN ACT concerning civil law.” with the following specific
recommendation for change:
on page 4, line 21, by replacing “harassment.”
with ““harassment. The Department need not exercise jurisdiction under
subsection (3) of this Section unless there are sufficient appropriations
available for that purpose.”.
With this change, House Bill 2547 will have my approval. I respectfully
request your concurrence.
Sincerely,
PAT QUINN
Governor
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