Energy & Transportation Update
An Information Service of the AFI Energy and Transportation Committee
November 6, 2000
Volume 1, Number 7
Congress Approves .08 BAC as Law of the Land
On October 23, 2000, President Clinton signed the transportation appropriations bill (H.R. 4475) into law. The bill mandates that all states adopt a .08 percent blood alcohol content (BAC) or face sanctions of federal highway funds. States stand to lose two percent in 2004, four percent in 2005, six percent in 2006, eight percent in 2007 and eight percent each year thereafter. If states adopt the .08 BAC law during the first four years, the lost funds will be reimbursed to the state.
The chart attached shows the estimated amount of funding each individual state stands to lose. It has been rumored that states yet to adopt a .08 BAC may protest by refusing to yield to the federal mandate. More information on the mandate may be found on our web site at www.ncsl.org/statefed/08na.htm.
High-Speed Rail Investment Act
The legislation that would authorize Amtrak to issue $10 billion in bonds for high-speed rail development was tucked into a House-Senate tax and health care compromise on October 25. While supportive of the Amtrak bond plan, the Clinton administration threatened to veto the overall package. Now, as a result of the package's uncertain future, the Amtrak legislation may be forced to use an alternative vehicle such as the Labor-HHS. Currently, bond legislation is on hold as lawmakers struggle over adjournment plans.
Time is of the essence as Senator Lautenberg (D-NJ) and Senator Moynihan (D-NY), both key proponents of the Amtrak legislation, are serving out their last sessions. Senator McCain (R-AZ) vehemently opposes the position, claiming the legislation is a "bailout" for Amtrak which under 1997 law is required to be free of federal operating support by the end of 2002. The legislation has won support by proponents who argue the entire country, not just the east coast, would benefit. Amtrak representatives also argue the bond plan is crucial for the company to raise needed capital.
States Prohibited from Selling Driver's License Information
Senator Richard Shelby (R-AL), Chairman of the Senate Transportation Appropriations Subcommittee, permanently secured a prohibition on the sale of personal driver's license information without express individual consent. The provision was attached to the Transportation Appropriations bill (H.R. 4475) which was signed into law by President Clinton on October 23rd.
This provision further amends the 1994 Driver's Privacy Protection Act (DPPA) that forbids state motor vehicle departments from selling driver's license images, Social Security numbers and medical information without an individual's consent. The DPPA was upheld earlier this year by the U.S. Supreme Court in a case brought by South Carolina, arguing against the law, saying it imposed unacceptable mandates on states.
Currently, consent for the sale of driver's license information must be given in writing or via an electronic signature, and not simply as a check-box on a Web page, which may make it more difficult for companies to obtain personal information.
Taping at NCSL Meeting
Thanks to the National Cable Television Association (NCTA), free taping of public service announcements (PSA) will be made available to all legislators during NCSL's AFI/ASI winter meeting in Washington, D.C., December 13-15. NCTA will provide production facilities, sample scripts and will send completed PSAs to the legislator's local cable company. A sign-up form is attached. For further information contact Bonnie at NCTA at 202-775-1089 or bchernikoff@ncta.com.
Make your reservations now for our Dec. 13-15 AFI/ASI Meeting.
See our web site at www.ncsl.org/public/afiasi00.org for more information.
NCSL Staff:
Eileen Doherty
Committee Director
AFI Energy and Transportation Committee
(202)624-8687
Laurie Holmes
Staff Assistant
AFI Energy and Transportation Committee
(202)624-8695
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