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92_SB0647gms
State of Illinois
OFFICE OF THE GOVERNOR
Springfield, Illinois 62706
George H. Ryan
GOVERNOR
August 10, 2001
To the Honorable Members of
The Illinois Senate
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 Senate Bill 647, entitled "AN ACT in relation to
aeronautics," with my specific recommendations for change.
Senate Bill 647 proposes to amend the Illinois
Aeronautics Act to increase the penalties for operating or
repairing an aircraft while under the influence of alcohol
from a Class A misdemeanor to Class 3 felony. Senate Bill
647 also establishes a new Class 4 felony offense of a
crewmember "knowingly consuming" any alcohol, narcotic drug
or other controlled substance while the aircraft is in
operation. Senate Bill 647 further makes it a Class 3 felony
to act as a crew member of an aircraft with an blood alcohol
content (BAC) of .04 or more. Because a blood alcohol
content higher than .04 is generally considered to be "under
the influence," Senate Bill 647 creates the potentially
confusing situation where a higher blood alcohol content of a
crew member on a plane may carry a lower penalty (Class 3
felony) than if the blood alcohol content was .04.
I am concerned that Senate Bill 647 contains conflicts
within its proposed penalty scheme. Penalties under the law
should be appropriate to each violation and be consistent.
It is essential that as we implement stricter regulations
regarding the responsible use of alcohol and aeronautics
operation, we clearly define a penalty scheme that is clear
and increases in severity according to the level of the
violation.
For these reasons, I hereby return Senate Bill 647 with
the following recommendations for change:
On page 1, line 28, by inserting before the period the
following:
"or when the alcohol concentration in the person's blood
or breath is 0.04 or more based on the definition of
blood and breath units contained in Section 11-501.2 of
the Illinois Vehicle Code; and
On page 1, line 29, by replacing "or act as a crew member
of" with "or act as a crew member of".
With these changes, Senate Bill 647 will have my
approval. I respectfully request your concurrence.
Sincerely,
George H. Ryan
GOVERNOR