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Sponsor: Sen. Delaine Roberts (R-S16, Etna); co-sponsors Sens. John Barrasso (R-S27, Casper), Tex Boggs (D-S13, Rock Springs), Mike Massie (D-S9, Laramie), Charles Scott (R-S30, Casper), Kathryn Sessions (D-S7, Cheyenne), and Reps. Jerry Iekel (R-H29, Sheridan), Wayne Johnson (R-H9, Cheyenne), George McMurtrey (R-H52, Rozet), Tony Ross (R-H7, Cheyenne), Jane Warren (D-H13, Laramie)
Sponsor: Rep. Jane Warren (R, H13)
In 2001, the Wyoming Legislature passed its first-ever statewide law regulating open containers of alcoholic beverages in motor vehicles. The 2001 law (HB 49) began as a ban on open alcoholic beverages in vehicles (with exceptions for passengers in buses, recreational vehicles, and limousines), but was eventually amended to apply only to drivers, not to passengers in any vehicle.
Both SF 38 and HB 243 attempted to strengthen the current law by going back to the original intent of the 2001 legislation: that is, extending the ban to passengers (with the same exceptions for passengers in buses, limousines and recreational vehicles). Alcoholic beverages could be transported either in new unopened containers or in areas of the vehicle not easily accessible to the driver and passengers (i.e., trunk, back of pickup, cargo area of sport utility vehicle, etc.).
Supporters urged passage of the bill as an important way to improve safety on our highways, citing Wyoming's high number of traffic accidents in which alcohol is a contributing factor. They maintained that if passengers in a vehicle are drinking alcoholic beverages, it greatly increases the chance that the driver also will drink while driving. Proponents pointed to the obvious enforcement problem of having the current law apply just to the driver.
Opponents argued that the existing law is sufficient and that there is no compelling reason to prohibit passengers in a vehicle from drinking if they want to.
SF 38 was assigned to the Senate Transportation and Highways Committee, where it died.
HB 243 was passed by the House Judiciary Committee unanimously, but was killed by the House Majority Floor Leader, Rep. Randall Luthi (R-H21, Freedom), when he did not schedule the bill for debate on the floor of the House.