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Open container bill sent to another House committee
Move unexpectedly derails proposal previously approved by the Senate.
Posted on May 23, 2003
The Associated Press
BATON ROUGE -- A proposal to toughen Louisiana's law against open containers of
alcohol in automobiles unexpectedly was derailed Thursday in a House of Representatives
that was short on members.
The Senate already has passed Sen. Joel Chaisson's bill unanimously. And the House
Judiciary Committee, usually opposed to such measures, approved it Wednesday night.
The proposal's last major hurdle was the House. After the Judiciary Committee's
approval, it ordinarily would have been scheduled for floor debate next week.
But Thursday afternoon, as the House was wrapping up the day's business and preparing
to leave for a long Memorial Day weekend, Rep. Taylor Townsend moved to recommit the
bill to the House Criminal Justice Committee. The motion was approved 64-22 with no
debate and with 19 House members having left the chamber or declining to vote.
Rep. Bobby Faucheux, D-LaPlace, objected. He later said he was unable to get Speaker
Charlie DeWitt's attention so he could speak against Townsend's motion. ``I think
everybody was asleep, but it was being lobbied,' Faucheux said, adding that some House
members were leaving or had left when the issue arose.
Faucheux said he will ask the House on Tuesday to order the bill out of committee.
Chris Young, lobbyist for the Louisiana Association of Beverage Alcohol Licensees,
acknowledged lobbying to have the bill recommitted.
Both Judiciary and Criminal Justice have been hard committees for supporters of such
legislation.
The vote to recommit gives liquor lobbyists a second chance to keep the bill from
reaching the House floor.
``We thought we had it killed in Judiciary,' said Young, who would not predict the
outcome in Criminal Justice.
``I'm not giving up on this. It is really amazing the power the alcohol lobby has
over the House of Representatives,' said Chaisson, D-Destrehan.
Townsend later said that his move to recommit the bill was not an attempt to kill it.
The subject matter dealt with criminalizing an activity. As such, he said, the bill
should have been heard by Criminal Justice.
Current Louisiana law makes it illegal for drivers, but not passengers, to possess
open containers of alcohol. Backers of the Chaisson bill say that makes it easy for a
driver to avoid prosecution by simply handing his or her drink to a friend. Opponents of
the bill say it would criminalize social drinking in automobiles, such as that which
takes place in cars and vans en route to tailgate parties for football games.
According to Jim Champagne of the Louisiana Highway Safety Commission, federal
mandates require states to apply the law to everyone in a vehicle. Those that do not
will lose federal highway construction dollars, which would be diverted to safety
programs. Champagne said about $8 million to $10 million is at stake in Louisiana.
How they voted
Following is a breakdown of the 64-22 vote by which the Louisiana House of
Representatives voted to have a second committee hear a bill toughening the state's open
container law, a bill that already had been approved for House debate by one committee.