S.Amdt. 2279
What it does: 5 changes: inserts text, replaces text in 4 places
Sen. John Warner (R-VA)What it changes
5 changes to S. 1072
Change 1: Inserts new text on page 733, between lines 10 and 11
InsertsPrinted pageInserted: (3) Primary safety belt law.--The term 'primary safety belt law' means a law that authorizes a law enforcement officer to issue a citation for the failure of the operator of, or any passenger in, a motor vehicle to wear a safety belt as required by State law, based solely on that failure and without regard to whether there is any other violation of law.
Original wording
On page 733, between lines 10 and 11, insert the following:
Change 2: Replaces “(3)” with “(4)”
[struck: (3)][inserted: (4)]Original wording
On page 733, line 11, strike “(3)” and insert “(4)”.
Change 3: Replaces “(4)” with “(5)”
[struck: (4)][inserted: (5)]Original wording
On page 733, line 23, strike “(4)” and insert “(5)”.
Change 4: Replaces “(5)” with “(6)”
[struck: (5)][inserted: (6)]Original wording
On page 734, line 4, strike “(5)” and insert “(6)”.
Change 5: Rewrites page 741, line 7
ReplacesPrinted pageRemoves page 741, line 7 of the printed bill. See that page
Inserted: made available under this section shall be 90 percent.
Inserted: (h) Use of Funds.--
Inserted: (1) Projects under section 402.--For fiscal year 2005 and each fiscal year thereafter, 10 percent of the funds made available to a State under this section shall be obligated for projects under section 402, unless by October 1 of the fiscal year, the State--
Inserted: (A) has in effect a primary safety belt law; or
Inserted: (B) demonstrates that the safety belt use rate in the State is at least 90 percent.
Inserted: (2) Withholding.--
Inserted: (A) In general.--For fiscal year 2007, the Secretary shall withhold 2 percent, and for each fiscal year thereafter, the Secretary shall withhold 4 percent, of the funds apportioned to a State under paragraphs (1), (3), and (4) of section 104(b) and section 144 if, by October 1 of that fiscal year, the State does not--
Inserted: (i) have in effect a primary safety belt law; or
Inserted: (ii) demonstrate that the safety belt use rate in the State is at least 90 percent.
Inserted: (B) Restoration.--If, by the date that is 3 years after the date on which funds are withheld from a State under subparagraph (A), the State has in effect a primary safety belt law or has demonstrated that the safety belt use rate in the State is at least 90 percent, the apportionment of the State shall be increased by the amount withheld.
Inserted: (C) Lapse.--If, by the date that is 3 years after the date on which funds are withheld from a State under subparagraph (A), the State does not have in effect a primary safety belt law or has not demonstrated that the safety belt use rate in the State is at least 90 percent, the amount withheld shall lapse.
Original wording
On page 741, strike line 7 and insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 2279. Mr. WARNER (for himself, Mrs. Clinton, Mr. DeWine, and Mrs. Murray) submitted an amendment intended to be proposed by him to the bill S. 1072, to authorize funds for Federal-aid highways, highway safety programs, and transit programs, and for other purposes; which was ordered to lie on the table; as follows:
On page 733, between lines 10 and 11, insert the following:
“(3) Primary safety belt law.--The term ‘primary safety belt law' means a law that authorizes a law enforcement officer to issue a citation for the failure of the operator of, or any passenger in, a motor vehicle to wear a safety belt as required by State law, based solely on that failure and without regard to whether there is any other violation of law.
On page 733, line 11, strike “(3)” and insert “(4)”.
On page 733, line 23, strike “(4)” and insert “(5)”.
On page 734, line 4, strike “(5)” and insert “(6)”.
On page 741, strike line 7 and insert the following:
“made available under this section shall be 90 percent.
“(h) Use of Funds.--
“(1) Projects under section 402.--For fiscal year 2005 and each fiscal year thereafter, 10 percent of the funds made available to a State under this section shall be obligated for projects under section 402, unless by October 1 of the fiscal year, the State--
“(A) has in effect a primary safety belt law; or
“(B) demonstrates that the safety belt use rate in the State is at least 90 percent.
“(2) Withholding.--
“(A) In general.--For fiscal year 2007, the Secretary shall withhold 2 percent, and for each fiscal year thereafter, the Secretary shall withhold 4 percent, of the funds apportioned to a State under paragraphs (1), (3), and (4) of section 104(b) and section 144 if, by October 1 of that fiscal year, the State does not--
“(i) have in effect a primary safety belt law; or
“(ii) demonstrate that the safety belt use rate in the State is at least 90 percent.
“(B) Restoration.--If, by the date that is 3 years after the date on which funds are withheld from a State under subparagraph (A), the State has in effect a primary safety belt law or has demonstrated that the safety belt use rate in the State is at least 90 percent, the apportionment of the State shall be increased by the amount withheld.
“(C) Lapse.--If, by the date that is 3 years after the date on which funds are withheld from a State under subparagraph (A), the State does not have in effect a primary safety belt law or has not demonstrated that the safety belt use rate in the State is at least 90 percent, the amount withheld shall lapse.”.
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Senate amendment submitted
February 9, 2004