Senate approves bill meant to toughen open-container laws

INDIANAPOLIS -- The Indiana Senate approved a bill Tuesday that would hold drivers responsible for open containers of alcohol found in their vehicles, but the bill's fate depends on how receptive the House is to change.\nHouse lawmakers have been reluctant to fine drivers for open containers. They passed a bill earlier this year that would have fined passengers, not drivers, $25 for open alcohol containers in a car.\nOpponents of that bill say it isn't tough enough, and a Senate committee amended the bill to hold drivers responsible. The full Senate approved the amended version Tuesday on a 34-15 vote.\nRep. Cleo Duncan, a Greensburg Republican who sponsored the bill in the House, said she's not sure if the House will approve the change.\n"Hopefully something can be worked out," Duncan said. "We'll see what happens in conference committee."\nBut Sen. Tom Wyss, R-Fort Wayne, said there will be no compromise; if the House doesn't approve the legislation, the bill will die.\n"The Senate has spoken," Wyss said. "It will be up to the House."\nCurrent state law prohibits open containers of alcohol only if the driver has a blood-alcohol level of 0.04 percent or more.\nThat law does not meet federal guidelines for open container restrictions. As a result, some federal money Indiana receives for roads and transportation improvements must instead go toward enforcing drunken driving laws and alcohol education programs.\nDuring the 2004 budget year, the state had to use $15.2 million in transportation money for alcohol programs and lost $1.5 million outright because it did not meet the federal guidelines, according to the Legislative Services Agency.\nWyss says the original bill lacks teeth because passengers could avoid fines by simply putting down open containers if the vehicle were pulled over.\n"It was a very weak, unenforceable bill," Wyss said.\nOpen containers of alcohol legally could be stored in trunks or locked glove compartments, according to the bill, and limousines and the living quarters of house coaches or trailers would be exempt.