Erica's Law - Requires the Secretary of Transportation to withhold 15% of a state's apportionment of certain federal-aid highway program funds if the state has not enacted or is not enforcing a law that: (1) prohibits, with specified exceptions, an individual from using a wireless communication device to call or compose, read, or send an electronic message while operating a motor vehicle in a school zone; and (2) requires, upon conviction of a violation of the prohibition, the imposition of certain minimum penalties.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5097 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 5097
To amend title 23, United States Code, to reduce the amount of funding
available to States that do not enact a law prohibiting an individual
from using a wireless communication device while operating a motor
vehicle in a school zone, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 21, 2010
Ms. Markey of Colorado introduced the following bill; which was
referred to the Committee on Transportation and Infrastructure
_______________________________________________________________________
A BILL
To amend title 23, United States Code, to reduce the amount of funding
available to States that do not enact a law prohibiting an individual
from using a wireless communication device while operating a motor
vehicle in a school zone, 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 ``Erica's Law''.
SEC. 2. WIRELESS COMMUNICATION DEVICE USE WHILE OPERATING A MOTOR
VEHICLE IN A SCHOOL ZONE.
(a) In General.--Chapter 1 of title 23, United States Code, is
amended by adding at the end the following:
``Sec. 167. Wireless communication device use while operating a motor
vehicle in a school zone
``(a) Withholding Apportionments.--On October 1 of the second
fiscal year beginning after the date of the issuance of regulations
under subsection (d) and October 1 of each fiscal year thereafter, if
the Secretary determines that a State does not meet the requirement
under subsection (b), the Secretary shall withhold 15 percent of the
amount required to be apportioned to the State under each of paragraphs
(1), (3), and (4) of section 104(b) for the fiscal year.
``(b) Requirement.--
``(1) In general.--A State meets the requirement under this
subsection if the State has enacted and is enforcing a law
that--
``(A) prohibits an individual from operating a
motor vehicle in a school zone in the State while the
individual is using a wireless communication device to
engage in a call or to compose, read, or send an
electronic message; and
``(B) requires, upon conviction of a violation of
the prohibition under subparagraph (A), the imposition
of penalties in accordance with the requirements for
minimum penalties described in the regulations issued
under subsection (d).
``(2) Exceptions.--Paragraph (1)(A) does not apply if a
wireless communication device is used--
``(A) for obtaining emergency assistance to--
``(i) report a traffic accident, medical
emergency, or serious traffic hazard; or
``(ii) prevent a crime about to be
committed;
``(B) in the reasonable belief that an individual's
life or safety is in immediate danger;
``(C) in an authorized emergency vehicle while in
the performance of official duties;
``(D) when a motor vehicle is stopped and the
driver has the motor vehicle transmission in neutral or
park; and
``(E) in other circumstances, as identified by the
Secretary by regulation, in which use of a wireless
communication device does not adversely affect safety.
``(c) Recovery of Funds Withheld.--If, within 4 years from the date
that an apportionment for a State is withheld in accordance with this
section, the Secretary determines that the State meets the requirement
under subsection (b), the apportionment of the State shall be increased
by an amount equal to the amount withheld. If, at the end of such 4-
year period, a State does not meet the requirement under subsection (b)
any amounts so withheld from the State shall lapse.
``(d) Regulations.--Not later than 180 days after the date of
enactment of this section, the Secretary shall issue regulations to
carry out this section, including requirements for minimum penalties
for violations of the prohibition under subsection (b)(1)(A) that--
``(1) specify a minimum penalty for a first offense; and
``(2) stipulate that penalties shall be graduated for
repeated offenses.
``(e) Definitions.--In this section, the following definitions
apply:
``(1) Electronic message.--
``(A) In general.--The term `electronic message'
means a self-contained piece of digital communication
that is designed or intended to be transmitted between
physical devices.
``(B) Inclusions.--The term `electronic message'
includes an email, a text message, an instant message,
a command or request to access a World Wide Web page,
or other data that uses a commonly recognized
electronic communications protocol. The term does not
include data transmitted automatically by a wireless
communication device without direct initiation by an
individual.
``(2) Motor vehicle.--The term `motor vehicle' has the same
meaning given the term in section 154(a).
``(3) School zone.--
``(A) In general.--The term `school zone' means--
``(i) in or on the grounds of a public,
parochial, or private school; or
``(ii) within a distance of 1,000 feet from
the grounds of a public, parochial, or private
school.
``(B) State definitions.--With respect to a State,
the Secretary may substitute, for the definition under
subparagraph (A), a definition of the term `school
zone' established by the State if the Secretary
determines that such substitution is appropriate.
``(4) Wireless communication device.--
``(A) In general.--The term `wireless communication
device' means a mobile telephone or other portable
electronic device with which a user may engage in a
call or compose, send, or read an electronic message.
``(B) Exclusion.--The term does not include a
device that is permanently affixed to the motor
vehicle, including a global positioning system or
navigation system.''.
(b) Clerical Amendment.--The analysis for such chapter is amended
by adding at the end the following:
``167. Wireless communication device use while operating a motor
vehicle in a school zone.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Transportation and Infrastructure.
Referred to the Subcommittee on Highways and Transit.
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