State of Illinois
92^nd General Assembly
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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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