[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 809 Introduced in Senate (IS)]
103d CONGRESS
1st Session
S. 809
To amend title 23, United States Code, relating to open containers of
alcoholic beverages and consumption of alcoholic beverages in the
passenger area of motor vehicles, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 22 (legislative day, April 19), 1993
Mr. Dorgan introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To amend title 23, United States Code, relating to open containers of
alcoholic beverages and consumption of alcoholic beverages in the
passenger area of motor vehicles, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. OPEN CONTAINER LAWS.
(a) Establishment.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following new section:
``Sec. 161. Open Container Limitations
``(a) Withholding of Funds for Noncompliance.--
``(1) General rule.--Beginning with fiscal year 1997, and
for each fiscal year thereafter, the Secretary shall withhold 5
percent of the amount required to be apportioned to a State
under paragraphs (1), (2), (5), and (6) of section 104(b) for
the fiscal year, if, for any period during the immediately
preceding fiscal year, the possession of any open alcoholic
beverage container, or the consumption of any alcoholic
beverage, in the passenger area of any motor vehicle located on
a public highway, or the right-of-way of a public highway, in
the State is lawful.
``(2) Limitation of application to charter buses.--If a
State has in effect a law that makes the possession of any open
alcoholic beverage container unlawful 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 in compliance with
paragraph (1) with respect to the motor vehicle for each fiscal
year during which the law is in effect.
``(b) Period of Availability; Effect of Compliance and
Noncompliance.--
``(1) Funds withheld on or before september 30, 1997.--
``(A) Period of availability.--Any funds withheld
under this section from apportionment to any State on
or before September 30, 1997, shall remain available
for apportionment to the State as follows:
``(i) If, but for this section, the funds
would otherwise have been apportioned under
section 104(b)(5)(A), the funds shall remain
available until the end of the fiscal year for
which the funds are made available.
``(ii) If, but for this section, the funds
would otherwise have been apportioned under
section 104(b)(5)(B), the funds shall remain
available until the end of the second fiscal
year following the fiscal year for which the
funds are made available.
``(iii) If, but for this section, the funds
would have been apportioned under paragraph
(1), (2), or (6) of section 104(b), the funds
shall remain available until the end of the
third fiscal year following the fiscal year for
which the funds are made available.
``(B) Funds withheld after september 30, 1997.--No
funds withheld under this section from apportionment to
a State after September 30, 1997, shall be available
for apportionment to the State.
``(2) Apportionment of withheld funds after compliance.--
If, before the last day of the period for which funds withheld
under this section from apportionment are to remain available
for apportionment to a State under paragraph (1), the State
brings into effect a law that is in compliance with subsection
(a), on the day following the effective date of the law, the
Secretary shall apportion to the State the withheld funds
remaining available for apportionment to the State pursuant to
paragraph (1).
``(3) Period of availability of subsequently apportioned
funds.--
``(A) In general.--Any funds apportioned pursuant
to paragraph (2) shall remain available for expenditure
as follows:
``(i) Funds apportioned under section
104(b)(5)(A) shall remain available until the
end of the fiscal year succeeding the fiscal
year for which the funds are apportioned.
``(ii) Funds apportioned under paragraph
(1), (2), (5)(B), or (6) of section 104(b)
shall remain available until the end of the
third fiscal year succeeding the fiscal year
for which the funds are apportioned.
``(B) Unobligated sums.--Sums that are not
obligated on the termination of the period referred to
in subparagraph (A) shall--
``(i) lapse; or
``(ii) in the case of funds apportioned
under section 104(b)(5), lapse and be made
available by the Secretary for projects in
accordance with section 118(b).
``(4) Effect of noncompliance.--If, on the termination of
the period for which funds withheld under this section from
apportionment are available for apportionment to a State under
paragraph (1), the State does not have in effect a State law
that is in compliance with subsection (a)--
``(A) the funds shall lapse; or
``(B) in the case of funds withheld from
apportionment under section 104(b)(5), the funds shall
lapse and be made available by the Secretary for
projects in accordance with section 118(b).
``(c) Definitions.--As used in this section:
``(1) Alcoholic beverage.--The term `alcoholic beverage'
has the meaning provided the term in section 158(c).
``(2) Motor vehicle.--The term `motor vehicle' has the
meaning provided the term in section 154(b).
``(3) Open alcoholic beverage container.--The term `open
alcoholic beverage container' has the meaning provided the term
in section 410.
``(4) Passenger area.--The term `passenger area' shall have
the meaning provided by the Secretary by regulation.''.
(b) Conforming Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by adding at the end the following new
item:
``161. Open container limitations.''.
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