I 112th CONGRESS 2d Session H. R. 4236 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.

1.

Short title

This Act may be cited as Kadyn’s Act.

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:

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 .