[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1498 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1498

 To require States to adopt laws prohibiting open alcoholic containers 
                            in automobiles.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 9, 1997

 Mr. Dorgan (for himself, Mr. Lautenberg, Mr. Bumpers, Mr. Conrad, and 
Mr. Wellstone) introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
 To require States to adopt laws prohibiting open alcoholic containers 
                            in automobiles.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Drunk Driving Protection 
Act''.

SEC. 2. OPEN CONTAINER LAWS.

    (a) Establishment.--Chapter I of title 23, United States Code, is 
amended by inserting after section 153 the following:
``Sec. 154. Open container requirements
    ``(a) Definitions.--In this section:
            ``(1) Alcoholic beverage.--The term `alcoholic beverage' 
        has the meaning given the term in section 158(c).
            ``(2) Motor vehicle.--The term `motor vehicle' means a 
        vehicle driven or drawn by mechanical power and manufactured 
        primarily for use on public highways, but does not include a 
        vehicle operated exclusively on a rail or rails.
            ``(3) Open alcoholic beverage container.--The term `open 
        alcoholic beverage container' has the meaning given the term in 
        section 410(i).
            ``(4) Passenger area.--The term `passenger area' shall have 
        the meaning given the term by the Secretary by regulation.
    ``(b) Penalty.--
            ``(1) General rule.--
                    ``(A) Fiscal year 2000.--If, at any time in fiscal 
                year 2000, a State does not have in effect a law 
                described in subsection (c), the Secretary shall 
                transfer 1.5 percent of the funds apportioned to the 
                State for fiscal year 2001 under each of paragraphs 
                (1)(A), (1)(C), and (3) of section 104(b) to the 
                apportionment of the State under section 402.
                    ``(B) Fiscal years thereafter.--If, at any time in 
                a fiscal year beginning after September 30, 2000, a 
                State does not have in effect a law described in 
                subsection (c), the Secretary shall transfer 3 percent 
                of the funds apportioned to the State for the following 
                fiscal year under each of paragraphs (1)(A), (1)(C), 
                and (3) of section 104(b) to the apportionment of the 
                State under section 402.
    ``(c) Open Container Laws.--
            ``(1) In general.--For the purposes of this section, each 
        State shall have in effect a law that prohibits the possession 
        of any open alcoholic beverage container, or the consumption of 
        any alcholic beverage, in the passenger area of any motor 
        vehicle (including possession or consumption by the driver of 
        the vehicle) located on a public highway, or the right-of-way 
        of a public highway, in the State.
            ``(2) Motor vehicles designed to transport many 
        passengers.--For the purposes of this section, if a State has 
        in effect a law that makes unlawful the possession of any open 
        alcoholic beverage container in the passenger area by the 
        driver (but not by a passenger) of a motor vehicle designed to 
        transport more than 10 passengers (including the driver) while 
        being used to provide charter transportation of passengers, the 
        State shall be deemed to have in effect a law described in this 
        subsection with respect to such a motor vehicle for each fiscal 
        year during which the law is in effect.
    ``(d) Federal Share.--The Federal share of the cost of a project 
carried out under section 402 with funds transferred under subsection 
(b) to the apportionment of a State under section 402 shall be 100 
percent.
    ``(e) Transfer of Obligation Authority.--
            ``(1) In general.--If the Secretary transfers under 
        subsection (b) any funds to the apportionment of a State under 
        section 402 for a fiscal year, the Secretary shall allocate to 
        the State an amount, determined under paragraph (2), of 
        obligation authority distributed for the fiscal year for 
        Federal-aid highways and highway safety construction programs 
        for carrying out projects under section 402.
            ``(2) Amount.--The amount of obligation authority referred 
        to in paragraph (1) shall be determined by multiplying--
                    ``(A) the amount of funds transferred under 
                subsection (b) to the apportionment of the State under 
                section 402 for the fiscal year; by
                    ``(B) the ratio that--
                            ``(i) the amount of obligation authority 
                        distributed for the fiscal year to the State 
                        for Federal-aid highways and highway safety 
                        construction programs; bears to
                            ``(ii) the total of the sums apportioned to 
                        the State for Federal-aid highways and highway 
                        safety construction programs (excluding sums 
                        not subject to any obligation limitation) for 
                        the fiscal year.
    ``(f) Limitation on Applicability of Highway Safety Obligations.--
Notwithstanding any other provision of law, no limitation on the total 
of obligations for highway safety programs under section 402 shall 
apply to funds transferred under subsection (b) to the apportionment of 
a State under section 402.''.
    (b) Conforming Amendment.--The analysis for chapter 1 of title 23, 
United States Code, is amended by inserting after the item relating to 
section 153 the following:

``154. Open container requirements.''.
                                 <all>