Drunk Driving Repeat Offender Prevention Act of 2013 - Directs the Secretary of Transportation (DOT) to withhold specified graduated percentages of a state's apportionment of certain federal-aid highway funds for FY2015-FY2017 if the state has not enacted and is not enforcing a law requiring the installation of an ignition interlock device for a minimum of 180 days on each motor vehicle operated by an individual convicted of driving while intoxicated or driving under the influence.
Defines "driving while intoxicated" and "driving under the influence" as driving or being in actual physical control of a motor vehicle while having a blood alcohol concentration greater than or equal to the lesser of: (1) the blood alcohol concentration limit of the state in which the individual is driving, or (2) 0.08%.
Requires an ignition interlock device to: (1) require a driver to provide a breath sample before the motor vehicle starts, and (2) prevent a motor vehicle from starting if the alcohol concentration of the driver is above the legal limit.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 979 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 979
To amend chapter 1 of title 23, United States Code, to condition the
receipt of certain highway funding by States on the enactment and
enforcement by States of certain laws to prevent repeat intoxicated
driving.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 16, 2013
Mr. Lautenberg (for himself and Mr. Udall of New Mexico) introduced the
following bill; which was read twice and referred to the Committee on
Environment and Public Works
_______________________________________________________________________
A BILL
To amend chapter 1 of title 23, United States Code, to condition the
receipt of certain highway funding by States on the enactment and
enforcement by States of certain laws to prevent repeat intoxicated
driving.
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 ``Drunk Driving Repeat Offender
Prevention Act of 2013''.
SEC. 2. USE OF IGNITION INTERLOCK DEVICES TO PREVENT REPEAT INTOXICATED
DRIVING.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 171. Use of ignition interlock devices to prevent repeat
intoxicated driving
``(a) Definitions.--In this section:
``(1) Alcohol concentration.--The term `alcohol
concentration' means grams of alcohol per 100 milliliters of
blood or grams of alcohol per 210 liters of breath.
``(2) Driving while intoxicated; driving under the
influence.--The terms `driving while intoxicated' and `driving
under the influence' mean driving or being in actual physical
control of a motor vehicle in a State while having a blood
alcohol concentration that is greater than or equal to the
lesser of--
``(A) the blood alcohol concentration limit of the
State in which the individual is driving; and
``(B) 0.08 percent.
``(3) Ignition interlock device.--The term `ignition
interlock device' means an in-vehicle device that--
``(A) requires a driver to provide a breath sample
prior to the motor vehicle starting; and
``(B) prevents a motor vehicle from starting if the
alcohol concentration of the driver is above the legal
limit.
``(4) Motor vehicle.--
``(A) In general.--The term `motor vehicle' means a
vehicle driven or drawn by mechanical power and
manufactured primarily for use on public highways.
``(B) Exclusions.--The term `motor vehicle' does
not include--
``(i) a vehicle operated solely on a rail
line; or
``(ii) a commercial vehicle.
``(b) Laws Requiring Ignition Interlock Devices.--A State meets the
requirements of this subsection if the State has enacted and is
enforcing a law that requires throughout the State the installation of
an ignition interlock device for a minimum of 180 days on each motor
vehicle operated by an individual who is convicted of driving while
intoxicated or driving under the influence.
``(c) Withholding of Funds for Noncompliance.--
``(1) Fiscal year 2015.--On October 1, 2014, the Secretary
shall withhold 1 percent of the amount required to be
apportioned to a State under each of paragraphs (1) and (2) of
section 104(b) if the State does not meet the requirements of
subsection (b).
``(2) Fiscal year 2016.--On October 1, 2015, the Secretary
shall withhold 3 percent of the amount required to be
apportioned to a State under each of paragraphs (1) and (2) of
section 104(b) if the State does not meet the requirements of
subsection (b).
``(3) Fiscal year 2017 and thereafter.--On October 1, 2016,
and on October 1 of each fiscal year thereafter, the Secretary
shall withhold 5 percent of the amount required to be
apportioned to a State under each of paragraphs (1) and (2) of
section 104(b) if the State does not meet the requirements of
subsection (b).
``(d) Period of Availability of Withheld Funds; Effect of
Compliance and Noncompliance.--
``(1) Period of availability of withheld funds.--Any funds
withheld under subsection (c) from apportionment to a State
shall remain available for apportionment to the State until the
end of the third 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 (c) from apportionment are to remain available
for apportionment to a State under paragraph (1), the State
meets the requirements of subsection (b), the Secretary shall,
on the first day on which the State meets the requirements of
subsection (b), apportion to the State the funds withheld under
subsection (c) that remain available for apportionment to the
State.
``(3) Period of availability of subsequently apportioned
funds.--Any funds apportioned pursuant to paragraph (2)--
``(A) shall remain available for expenditure until
the end of the third fiscal year following the fiscal
year in which the funds are so apportioned; and
``(B) if not apportioned at the end of that period,
shall lapse.
``(4) Effect of noncompliance.--If, at the end of the
period for which funds withheld under subsection (c) from
apportionment are available for apportionment to a State under
paragraph (1), the State does not meet the requirements of
subsection (b), the funds shall lapse.''.
(b) Conforming Amendment.--The analysis for chapter 1 of title 23,
United States Code, is amended by adding at the end the following:
``171. Use of ignition interlock devices to prevent repeat intoxicated
driving.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Environment and Public Works.
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