JARED MILLER Star-Tribune capital bureau | Posted: Wednesday, January 17, 2007 12:00 am
CHEYENNE - A newcomer watching the Wyoming Senate Tuesday might have gotten the impression that a bill to outlaw open alcohol containers in vehicles was no big deal.
Not a single senator spoke against the bill, nor was a single "nay" vote recorded on first reading.
But Sen. Tony Ross, R-Cheyenne, eight-time sponsor of the legislation, knows better than anyone the battle over past efforts to remove legal booze from Wyoming highways.
"Having been through what I've been through with the bill, particularly having it die twice by one vote last year, nothing is for certain in this process," Ross said after the vote.
The legislation may have received a boost this year from a mention in Gov. Dave Freudenthal's State of the State speech and public opinion polls that show substantial support for the bill.
A new Casper Star-Tribune poll shows 75 percent in favor, 21 percent opposed and 4 percent undecided. The margin of error in the Jan. 9-11 Mason-Dixon survey was 4 percent.
Gail Johnson, an Eden resident who took part in the poll, said she's rooting for the bill.
"It seems like the innocent party always gets killed, the ones that were in the vehicle that weren't drinking, and the other party comes out fine," said Johnson, who raises two small children and works out of her home.
Peter Reno, manager of a livestock production operation near Gillette, said it's a matter of states' rights.
"So I will continue to oppose the bill because the federal government shouldn't be allowed to put pressure on the states that way," Reno said.
He added that Wyoming's mineral wealth gives it plenty of money to offset federal highway funds withheld because of Wyoming's refusal to adopted an open-container law.
The Senate supported open-container legislation last year on a 25-5 vote.
This year's bill includes changes to accommodate concerns about buses, limousines and open containers in RVs.
"I think we're ready to move on and get it in statute," Ross said.
Assuming the bill passes the Senate on final reading, it could reach the House in about three weeks, where its future is less certain.
One-quarter of the House is new this year. And the bill could face amendments making it even more stringent, and probably diminishing its chances, Ross said.
Another concern that could muddy the debate is about vehicle passengers who carry alcohol but don't tell the driver. Ross said the concern is a red herring.
"You can think of all kinds of scenarios, but the fact of the matter is that law enforcement would still have to have probable cause to stop the vehicle, and then you have to have probable cause to search," Ross said. "So the likelihood of those scenarios occurring is remote."
House Speaker Roy Cohee, R-Casper, said he expects the bill to be treated with a "comfortable reception" when it reaches the House.
"That bill has been around enough that people are saying … it's time to just pass it," Cohee said.
Reach capital bureau reporter Jared Miller at (307) 632-1244 or at jared.miller@casperstartribune.net.