Speech
Open Container Testimony (SB 39)
Remarks of Governor Judy Martz
State Capitol
3/14/2003
Vice Chairman Laszloffy, members of the House Judiciary Committee... for the record, my name is Judy Martz, Governor of the great state of Montana. Thank you for providing me the opportunity to testify before you in support of one of the key pieces of our legislative package to improve the safety and health of our Montana families and visitors to our state... Senate Bill 39.
Banning open containers is a safety issue. It is an issue whose time has come in Montana.
In the past year and a half, I have seen personally several families devastated by drinking and driving, and I'm sure that many thousands of Montanans have experienced similar tragedies.
This bill prohibiting an open container of alcoholic beverages on Montana's highways is one of three bills in our DUI package aimed at reducing alcohol impaired driving in Montana. These bills consist of tougher penalties for repeat offenders, lowering the legal blood alcohol limit to .08, and passing this bill banning open containers.
A study completed by the national highway traffic safety administration of 4 states that passed open container legislation in 1999 shows, "states without open container laws experienced a significantly greater proportions of alcohol-involved crashes than states with partially-conforming or fully-conforming laws".
As you know, last April, I created the Alcohol, Tobacco and Other Drug Control Policy Task Force in cooperation with Attorney General Mike McGrath to aid our administration and the legislature in developing a plan to address drunk driving in those three areas.
Senate Bill 39 is a major piece of a package of bills proposed by the task force.
There is a myth in Montana that drinking and driving is part of being a Montanan. I say that is nonsense. First of all, driving is a privilege and it is a privilege that can be taken away when we drive without regard to others. Secondly, driving drunk sometimes puts all people using our highways at risk. And third, open containers are a temptation to the so-called "sober driver," a risk that often ends in a serious crash.
It just doesn't make sense to me that we do not tolerate driving drunk but are willing to accept drinking while driving.
I firmly believe that those of us in elected positions have a responsibility to serve as role models. And, as role models, we should not operate our vehicles while drinking, and we should take the next step by outlawing open containers now. I urge your immediate passage of this bill - for the safety of our Montana families and visitors.
It's time that Montana's DUI laws put aside the thought that drinking and driving is socially acceptable - and put the safety of our families first.
I would also like to thank you for quickly addressing House Bill 195 - increased penalties for repeat offenders. I hope you take action quickly on Senate Bill 39, and that you also immediately pass Senate Bill 13 - the .08 legislation.
I must also touch briefly on what happens if you do not pass Senate Bill 39. Federal law requires us to transfer $5.6 million from the core construction program to the highway safety program.
If Senate Bill 39 fails, and funds are transferred from the construction program to the safety program, we will direct all of those dollars to the hazard elimination program, which will go right back into highway safety improvements. Transportation Director Dave Galt has also discussed this with the sponsor and many of you on the committee.
As you know my administration has been, and continues to be focused on good-paying jobs. Highway statistics show that 42 jobs are created for each one million of highway construction dollars. These monies, regardless of whether they are state or federal highway dollars, came from taxes on highway users and that is where these monies will be spent.
Members of the committee, I urge your support for this timely piece of highway and family safety legislation. Director Galt and staff from the Department of Transportation are here today to answer questions.
###
