Safe and Competitive Trucking Act of 1992

Safe and Competitive Trucking Act of 1992 - Amends Federal law to prohibit States from regulating any of the following: (1) intrastate rates, routes, or services of any interstate motor carrier, interstate motor private carrier, or interstate broker which provides intrastate transportation of property, including express packages; or (2) the leasing, rental, or other sourcing of commercial drivers and motor vehicles by interstate motor carriers of property operating in intrastate commerce.

Prohibits a State, under specified conditions, from imposing a net worth tax on property used in interstate commerce.

 
HR 4335 IH
102d CONGRESS
2d Session
 H. R. 4335
To amend title 23, United States Code, relating to motor carrier
transportation, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
February 27, 1992
Mr. HASTERT introduced the following bill; which was referred jointly to
the Committees on Public Works and Transportation and the Judiciary
A BILL
To amend title 23, United States Code, relating to motor carrier
transportation, 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. SHORT TITLE.
  This Act may be cited as the `Safe and Competitive Trucking Act of 1992'.
SEC. 2. FINDINGS.
  Section 101 of title 23, United States Code, is amended by adding at the
  end the following new subsection:
  `(f) FINDINGS- Congress finds that--
  `(1) the productivity, operating efficiency, and safety of interstate
  motor carriers and brokers of property are significant national concerns
  and bear a direct relationship to the Nation's productivity and to the
  use of all highways benefiting from Federal aid under this title;
  `(2) the productivity and operating efficiency of interstate motor
  carriers and brokers of property are unnecessarily adversely affected by
  State and local economic regulations that are nonuniform, inequitable,
  and discriminatory in form and process; and
  `(3) Federal legislation is essential to improve and facilitate the
  efficiency, productivity, and safety of interstate motor carriers and
  brokers of property over Federal highways and State and local highways
  benefiting from Federal aid under this title.'.
SEC. 3. IMPROVING HIGHWAY PRODUCTIVITY.
  (a) LIMITATION ON MOTOR CARRIER ECONOMIC REGULATION- Chapter 1 of title
  23, United States Code, is amended by adding at the end the following
  new section:
`Sec. 161. Improving highway productivity
  `(a) LIMITATION ON MOTOR CARRIER ECONOMIC REGULATION- Notwithstanding any
  other provision of law, no State or political subdivision thereof shall
  have in effect or enforce any law, rule, regulation, standard, or other
  provision relating to any of the following:
  `(1) Intrastate rates, routes, or services of any interstate motor carrier,
  interstate motor private carrier, or interstate broker which provides
  intrastate transportation of property, including express packages.
  `(2) The leasing, rental, or other sourcing of commercial drivers and
  motor vehicles by interstate motor carriers of property operating in
  intrastate commerce.
  `(b) ENFORCEMENT-
  `(1) GENERAL AUTHORITY- The Interstate Commerce Commission, Secretary, or,
  at the request of the Commission or the Secretary, the Attorney General,
  and any other interested person, may institute a civil action for injunctive
  relief as may be appropriate to assure compliance with this section.
  `(2) JURISDICTION OF DISTRICT COURTS- An action under this section may be
  instituted in any district court of the United States in any State where
  such relief is required to assure compliance with this section.
  `(3) REMEDIES- Upon a proper showing in an action under this section, the
  court shall issue a temporary restraining order or preliminary or permanent
  injunction as may be appropriate and may also issue a mandatory injunction
  directing any State or person to comply with any applicable provision of
  this section or any regulation issued to carry out this section.'.
  (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. Improving highway productivity.'.
  (c) EFFECTIVE DATE- The amendments made by subsections (a) and (b) shall
  take effect on the 365th day following the date of the enactment of this Act.
SEC. 4. STATE TAXATION OF INCOME FROM INTERSTATE COMMERCE.
  (a) AMENDMENTS TO SECTION 101 OF THE ACT OF SEPTEMBER 14, 1959- Section 101
  of the Act of September 14, 1959 (73 Stat. 555; 15 U.S.C. 381), is amended--
  (1) in subsection (a) by inserting `or net worth tax on property located'
  after `a net income tax on the income derived'; and
  (2) in subsection (b) by inserting `or net worth' after `the imposition
  of a net income'.
  (b) AMENDMENTS TO SECTION 102 OF THE ACT OF SEPTEMBER 14, 1959- Section 102
  of the Act of September 14, 1959 (73 Stat. 556; 15 U.S.C. 382), is amended--
  (1) by striking subsection (a) and inserting `The income or net worth tax
  which was imposed by such State or political subdivision, as the case may be,
  for any taxable year ending on or before such date, on the income derived
  within such State by any person from interstate commerce or the value of
  property located within such State that may be used in interstate commerce,
  if the imposition of such tax for a taxable year ending after such date
  is prohibited by section 101.';
  (2) in subsection (b)(1) by inserting `or net worth' after `net income'
  each place it appears; and
  (3) in subsection (b)(2) by inserting `or net worth' after `net income'.
  (c) AMENDMENT TO SECTION 103 OF THE ACT OF SEPTEMBER 14, 1959- Section 103
  of the Act of September 14, 1959 (73 Stat. 556; 15 U.S.C. 383), is amended
  by inserting after the first sentence the following: `For purposes of this
  title, the term `net worth tax' means any tax imposed on, or measured by,
  the value of fixed or personal property.'.
SEC. 5. DEFINITIONS.
  Section 101(a) of title 23, United States Code, is amended by adding at
  the end the following new undesignated paragraph:
  `The terms `broker', `motor carrier', and `motor private carrier' having
  the meaning such terms have under section 10102 of title 49.'.