108th CONGRESS
1st Session
S. 179
To amend title 23, United States Code, to provide for a prohibition
on use of mobile telephones while operating a motor vehicle.
IN THE SENATE OF THE UNITED STATES
January 16, 2003
Mr. CORZINE 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, to provide for a prohibition
on use of mobile telephones while operating a motor vehicle.
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 `Mobile Telephone Driving Safety Act of 2003'.
SEC 2. MOBILE TELEPHONE USE WHILE OPERATING MOTOR VEHICLES.
(a) IN GENERAL- Subchapter I of chapter 1 of title 23, United States Code,
is amended by adding at the end the following:
`Sec. 165. Mobile telephone use while operating motor vehicles
`(a) DEFINITION OF MOTOR VEHICLE- In this section, 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 only on
a rail.
`(b) WITHHOLDING OF APPORTIONMENTS FOR NONCOMPLIANCE-
`(1) FISCAL YEAR 2005- The Secretary shall withhold 5 percent of the amount
required to be apportioned to any State under each of paragraphs (1), (3),
and (4) of section 104(b) on October 1, 2004, if the State does not meet
the requirements of paragraph (3) on that date.
`(2) SUBSEQUENT FISCAL YEARS- The Secretary shall withhold 10 percent of
the amount required to be apportioned to any State under each of paragraphs
(1), (3), and (4) of section 104(b) on October 1, 2005, and on October 1
of each fiscal year thereafter, if the State does not meet the requirements
of paragraph (3) on that date.
`(A) IN GENERAL- A State meets the requirements of this paragraph if the
State has enacted and is enforcing a law that prohibits an individual
from using a mobile telephone (other than a mobile telephone used as described
in subparagraph (B)) while operating a motor vehicle, except in the case
of an emergency or other exceptional circumstance (as determined by the
State).
`(B) HANDS-FREE DEVICES- A State law described in subparagraph (A) may
permit an individual operating a motor vehicle to use a mobile telephone
with a device that permits hands-free operation of the telephone if the
State determines that such use does not pose a threat to public safety.
`(c) PERIOD OF AVAILABILITY; EFFECT OF COMPLIANCE AND NONCOMPLIANCE-
`(1) PERIOD OF AVAILABILITY OF WITHHELD FUNDS- Any funds withheld under
subsection (b) from apportionment to any State shall remain available until
the end of the fourth fiscal year following the fiscal year for which the
funds are authorized to be appropriated.
`(2) APPORTIONMENT OF WITHHELD FUNDS AFTER COMPLIANCE- If, before the last
day of the period for which funds withheld under subsection (b) from apportionment
are to remain available for apportionment to a State under paragraph (1),
the State meets the requirements of subsection (a)(3), the Secretary shall,
on the first day on which the State meets the requirements, apportion to
the State the funds withheld under subsection (b) that remain available
for apportionment to the State.
`(3) PERIOD OF AVAILABILITY OF SUBSEQUENTLY APPORTIONED FUNDS-
`(A) IN GENERAL- Any funds apportioned under paragraph (2) shall remain
available for expenditure until the end of the third fiscal year following
the fiscal year in which the funds are so apportioned.
`(B) TREATMENT OF CERTAIN FUNDS- Any funds apportioned under paragraph
(2) that are not obligated at the end of the period referred to in subparagraph
(A) shall be allocated equally among the States that meet the requirements
of subsection (a)(3).
`(4) EFFECT OF NONCOMPLIANCE- If, at the end of the period for which funds
withheld under subsection (b) from apportionment are available for apportionment
to a State under paragraph (1), the State does not meet the requirements
of subsection (a)(3), the funds shall be allocated equally among the States
that meet the requirements of subsection (a)(3).'.
(b) CONFORMING AMENDMENT- The analysis for subchapter I of chapter 1 of title
23, United States Code, is amended by adding at the end the following:
`165. Mobile telephone use while operating motor vehicles.'.
END
