II

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘National Drunk Driv5 ing Protection Act’’.

6 SEC. 2. OPEN CONTAINER LAWS.

7 (a) ESTABLISHMENT.—Chapter I of title 23, United

8 States Code, is amended by inserting after section 153 the

9 following:
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1 ‘‘§ 154. Open container requirements

2 ‘‘(a) DEFINITIONS.—In this section:

3 ‘‘(1) ALCOHOLIC BEVERAGE.—The term ‘alco4 holic beverage’ has the meaning given the term in

5 section 158(c).

6 ‘‘(2) MOTOR VEHICLE.—The term ‘motor vehi7 cle’ means a vehicle driven or drawn by mechanical

8 power and manufactured primarily for use on public

9 highways, but does not include a vehicle operated ex10 clusively on a rail or rails.

11 ‘‘(3) OPEN ALCOHOLIC BEVERAGE CON12 TAINER.—The term ‘open alcoholic beverage con13 tainer’ has the meaning given the term in section

14 410(i).

15 ‘‘(4) PASSENGER AREA.—The term ‘passenger

16 area’ shall have the meaning given the term by the

17 Secretary by regulation.

18 ‘‘(b) PENALTY.—

19 ‘‘(1) GENERAL RULE.—

20 ‘‘(A) FISCAL YEAR 2000.—If, at any time

21 in fiscal year 2000, a State does not have in ef22 fect a law described in subsection (c), the Sec23 retary shall transfer 1.5 percent of the funds

24 apportioned to the State for fiscal year 2001

25 under each of paragraphs (1)(A), (1)(C), and
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1 (3) of section 104(b) to the apportionment of

2 the State under section 402.

3 ‘‘(B) FISCAL YEARS THEREAFTER.—If, at

4 any time in a fiscal year beginning after Sep5 tember 30, 2000, a State does not have in ef6 fect a law described in subsection (c), the Sec7 retary shall transfer 3 percent of the funds ap8 portioned to the State for the following fiscal

9 year under each of paragraphs (1)(A), (1)(C),

10 and (3) of section 104(b) to the apportionment

11 of the State under section 402.

12 ‘‘(c) OPEN CONTAINER LAWS.—

13 ‘‘(1) IN GENERAL.—For the purposes of this

14 section, each State shall have in effect a law that

15 prohibits the possession of any open alcoholic bev16 erage container, or the consumption of any alcholic

17 beverage, in the passenger area of any motor vehicle

18 (including possession or consumption by the driver

19 of the vehicle) located on a public highway, or the

20 right-of-way of a public highway, in the State.

21 ‘‘(2) MOTOR VEHICLES DESIGNED TO TRANS22 PORT MANY PASSENGERS.—For the purposes of this

23 section, if a State has in effect a law that makes un24 lawful the possession of any open alcoholic beverage

25 container in the passenger area by the driver (but
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1 not by a passenger) of a motor vehicle designed to

2 transport more than 10 passengers (including the

3 driver) while being used to provide charter transpor4 tation of passengers, the State shall be deemed to

5 have in effect a law described in this subsection with

6 respect to such a motor vehicle for each fiscal year

7 during which the law is in effect.

8 ‘‘(d) FEDERAL SHARE.—The Federal share of the

9 cost of a project carried out under section 402 with funds

10 transferred under subsection (b) to the apportionment of

11 a State under section 402 shall be 100 percent.

12 ‘‘(e) TRANSFER OF OBLIGATION AUTHORITY.—

13 ‘‘(1) IN GENERAL.—If the Secretary transfers

14 under subsection (b) any funds to the apportionment

15 of a State under section 402 for a fiscal year, the

16 Secretary shall allocate to the State an amount, de17 termined under paragraph (2), of obligation author18 ity distributed for the fiscal year for Federal-aid

19 highways and highway safety construction programs

20 for carrying out projects under section 402.

21 ‘‘(2) AMOUNT.—The amount of obligation au22 thority referred to in paragraph (1) shall be deter23 mined by multiplying—

24 ‘‘(A) the amount of funds transferred

25 under subsection (b) to the apportionment of
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1 the State under section 402 for the fiscal year;

2 by

3 ‘‘(B) the ratio that—

4 ‘‘(i) the amount of obligation author5 ity distributed for the fiscal year to the

6 State for Federal-aid highways and high7 way safety construction programs; bears to

8 ‘‘(ii) the total of the sums apportioned

9 to the State for Federal-aid highways and

10 highway safety construction programs (ex11 cluding sums not subject to any obligation

12 limitation) for the fiscal year.

13 ‘‘(f) LIMITATION ON APPLICABILITY OF HIGHWAY

14 SAFETY OBLIGATIONS.—Notwithstanding any other pro15 vision of law, no limitation on the total of obligations for

16 highway safety programs under section 402 shall apply to

17 funds transferred under subsection (b) to the apportion18 ment of a State under section 402.’’.

19 (b) CONFORMING AMENDMENT.—The analysis for

20 chapter 1 of title 23, United States Code, is amended by

21 inserting after the item relating to section 153 the follow22 ing:

‘‘154. Open container requirements.’’.

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