Kadyn's Act

Kadyn's Act - Directs the Secretary of Transportation (DOT) to withhold 10% of a state's apportionment of certain federal-aid highway funds if the state has not enacted and is not enforcing a law that imposes specified first offense and second offense civil and criminal penalties for motorists found guilty of illegally passing a stopped school bus.

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4236 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 4236

 To withhold funds if a motorist illegally passes a stopped school bus.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 21, 2012

Mr. Braley of Iowa introduced the following bill; which was referred to 
           the Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL


 
 To withhold funds if a motorist illegally passes a stopped school bus.

    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 ``Kadyn's Act''.

SEC. 2. WITHHOLDING APPORTIONMENTS FOR NONCOMPLIANCE WITH SCHOOL BUS 
              PASSINGS.

    (a) Withholding Apportionments.--Chapter 1 of title 23 is amended 
by adding at the end the following:
``Sec. 167. Withholding apportionments for noncompliance with school 
              bus passings
    ``(a) Withholding of Apportionments for Noncompliance.--
            ``(1) Withholding.--The Secretary shall withhold 10 percent 
        of the amount required to be apportioned to any State under 
        paragraphs (1), (3), and (4) of section 104(b) on October 1, 
        2014, and on each October 1 thereafter if the State does not 
        meet the requirements of paragraph (2).
            ``(2) Requirement.--A State meets the requirements of this 
        paragraph if the State has enacted and is enforcing a law that 
        imposes the following penalties to a motorist who is found 
        guilty of illegally passing a stopped school bus:
                    ``(A) First offense.--For a first offense, a fine 
                of not less than $250 with the possibility of jail time 
                and license suspension.
                    ``(B) Second offense within a 5-year period of a 
                first offense.--For a second offense within a 5-year 
                period of a first offense, a fine of not less than $315 
                with the possibility of jail time and license 
                suspension.
    ``(b) Period of Availability; Effect of Compliance and 
Noncompliance.--
            ``(1) Period of availability of withheld funds.--
                    ``(A) Funds withheld on or before september 30, 
                2015.--Any funds withheld under subsection (a) from 
                apportionment to any State on or before September 30, 
                2015, shall remain available until the end of the third 
                fiscal year following the fiscal year for which the 
                funds are authorized to be appropriated.
                    ``(B) Funds withheld after september 30, 2015.--No 
                funds withheld under this section from apportionment to 
                any State after September 30, 2015, shall be available 
                for apportionment to the State.
            ``(2) Apportionment of withheld funds after compliance.--
        If, before the last day of the period for which funds withheld 
        under subsection (a) from apportionment are to remain available 
        for apportionment to a State under paragraph (1), the State 
        meets the requirement of subsection (a)(2), the Secretary 
        shall, on the first day on which the State meets the 
        requirement, apportion to the State the funds withheld under 
        subsection (a) that remain available for apportionment to the 
        State.
            ``(3) Period of availability of subsequently apportioned 
        funds.--Any funds apportioned pursuant to 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. Sums not obligated 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 (a) from 
        apportionment are available for apportionment to a State under 
        paragraph (1), the State does not meet the requirement of 
        subsection (a)(2), 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:

``167. Withholding apportionments for noncompliance with school bus 
                            passings''.
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