[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.''.
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