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92_HB0445gms
STATE OF ILLINOIS
OFFICE OF THE GOVERNOR
SPRINGFIELD, 62706
GEORGE H. RYAN
GOVERNOR
August 3, 2001
To the Honorable Members of the
Illinois House of Representatives
92nd General Assembly
Pursuant to the authority vested in the Governor by
Article IV, Section 9(e) of the Illinois Constitution of
1970, and re-affirmed by the People of the State of Illinois
by popular referendum in 1974, and conforming to the standard
articulated by the Illinois Supreme Court in People ex Rel.
Klinger v. Howlett, 50 Ill. 2d 242 (1972), Continental
Illinois National Bank and Trust Co. v. Zagel, 78 Ill. 2d 387
(1979), People ex Rel. City of Canton v. Crouch, 79 Ill. 2d
356 (1980), and County of Kane v. Carlson, 116 Ill. 2d 186
(1987), that gubernatorial action be consistent with the
fundamental purposes and the intent of the bill, I hereby
return House Bill 445, entitled "AN ACT in relation to
schools," with my specific recommendations for change.
House Bill 445 makes it a petty offense for any person to
have alcoholic liquor in his or her possession on public
school district property on school days or at events when
children are present. It exempts possession of alcoholic
liquor in the original container with the seal unbroken by a
person who is not otherwise legally prohibited from
possessing the alcoholic liquor, and possession by a person
in or for the performance of a religious service or ceremony
authorized by the school board.
I agree with the intent of House Bill 445. The bill
applies a petty offense to possession of alcohol by any
person on school property, except under limited
circumstances. The current Liquor Control Act applies a Class
A misdemeanor to possession of alcohol by a person under 21.
The current law's additional element of being under 21 years
of age may be enough to avoid the petty offense becoming the
sole penalty for possession of alcohol on school property;
however, to avoid any court from so interpreting these two
laws I am suggesting a change. Also, the provision covering
possession of alcohol at an event where children are present
was intended to cover only events on school property and I
suggest language to make that clear.
For these reasons, I return House Bill 445 with the
following recommendations for change:
On page 6, line 6, by replacing "Any" with "Except
as otherwise provided in this this Act, any"; and
On page 6, line 8, by inserting "on public school
district property" between "events" and "when".
With these specific recommendations for change, House
Bill 445 will have my approval. I respectfully request your
concurrence.
Sincerely,
s/GEORGE H. RYAN
Governor
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