HOUSE OF REPRESENTATIVES

152nd GENERAL ASSEMBLY

HOUSE AMENDMENT NO. 1

TO

HOUSE BILL NO. 119

AMEND House Bill No. 119 by inserting at the end of line 13 the following:

“ The person liable for a violation of this section shall be the operator of the motor vehicle, regardless of who is in possession of the open or unsealed receptacle. ”.

FURTHER AMEND House Bill No. 119 by striking on line 27 the phrase “ Whoever violates this section ” as it appears therein and inserting in lieu thereof the following phrase “ Any operator of a motor vehicle found in violation of this section ”.

FURTHER AMEND House Bill No. 119 by striking on line 39 the phrase “ of the person committing the violation ” as it appears therein and inserting in lieu thereof the following phrase “ of the operator found to be in violation ”.

SYNOPSIS

This amendment clarifies that only the operator of a motor vehicle may be found in violation of the open container law. Passengers are not liable for violations under this section.