To modify the penalty for nonenforcement of open container requirements.
What it does: Adds SEC. 1409. OPEN CONTAINER REQUIREMENTS wherever appropriate
Sen. Byron L. Dorgan (D-ND)Adds SEC. 1409. OPEN CONTAINER REQUIREMENTS wherever appropriate
Adds a sectionInserted: SEC. 1409. OPEN CONTAINER REQUIREMENTS.
Inserted: Section 154 of title 23, United States Code, is amended by striking subsection (c) and inserting the following:
Inserted: "(c) Transfer of Funds.--
Inserted: "(1) In general.--Notwithstanding any other provision of law, the Secretary shall withhold the applicable percentage for the fiscal year of the amount required to be apportioned for Federal-aid highways to any State under each of paragraphs (1), (3), and (4) of section 104(b), if a State has not enacted or is not enforcing a provision described in subsection (b), as follows:
Inserted: The applicable percentage is:
Inserted: Fiscal year 2008.............................................2 percent.
Inserted: Fiscal year 2009.............................................2 percent.
Inserted: Fiscal year 2010.............................................2 percent.
Inserted: Fiscal year 2011 and each subsequent fiscal year.............2 percent.
Inserted: "(2) Restoration.--If (during the 4-year period beginning on the date the apportionment for any State is reduced in accordance with this subsection) the Secretary determines that the State has enacted and is enforcing a provision described in subsection (b), the apportionment of the State shall be increased by an amount equal to the amount of the reduction made during the 4-year period.".
The amendment doesn't say where this goes; the clerk decides.
Original wording
At the appropriate place insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
At the appropriate place insert the following:
SEC. 1409. OPEN CONTAINER REQUIREMENTS.
Section 154 of title 23, United States Code, is amended by striking subsection (c) and inserting the following:
“(c) Transfer of Funds.--
“(1) In general.--Notwithstanding any other provision of law, the Secretary shall withhold the applicable percentage for the fiscal year of the amount required to be apportioned for Federal-aid highways to any State under each of paragraphs (1), (3), and (4) of section 104(b), if a State has not enacted or is not enforcing a provision described in subsection (b), as follows:
The applicable percentage is:
Fiscal year 2008.............................................2 percent.
Fiscal year 2009.............................................2 percent.
Fiscal year 2010.............................................2 percent.
Fiscal year 2011 and each subsequent fiscal year.............2 percent.
“(2) Restoration.--If (during the 4-year period beginning on the date the apportionment for any State is reduced in accordance with this subsection) the Secretary determines that the State has enacted and is enforcing a provision described in subsection (b), the apportionment of the State shall be increased by an amount equal to the amount of the reduction made during the 4-year period.”.
Legislative Activity
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Considered by Senate. (consideration: CR S769)
February 10, 2004
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Considered by Senate. (consideration: CR S769)
February 10, 2004
Proposed amendment SA 2276 withdrawn in Senate.
February 10, 2004
Senate amendment submitted
February 9, 2004
Senate amendment proposed (on the floor): Amendment SA 2276 proposed by Senator Dorgan.(consideration: CR S710-715; text: CR S710)
February 9, 2004
Amendment SA 2276 proposed by Senator Dorgan. (consideration: CR S710-715; text: CR S710) To modify the penalty for nonenforcement of open container requirements.
February 9, 2004