I 111th CONGRESS 2d Session H. R. 5097 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.

1.

Short title

This Act may be cited as Erica’s Law.

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:

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. .