I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as ‘‘Kadyn’s Act’’. 

5 SEC. 2. WITHHOLDING APPORTIONMENTS FOR NON6 COMPLIANCE WITH SCHOOL BUS PASSINGS. 

7 (a) WITHHOLDING APPORTIONMENTS.—Chapter 1 of 

8 title 23 is amended by adding at the end the following: 


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•HR 4236 IH

1 ‘‘§ 167. Withholding apportionments for noncompli2 ance with school bus passings 

3 ‘‘(a) WITHHOLDING OF APPORTIONMENTS FOR NON4 COMPLIANCE.— 

5 ‘‘(1) WITHHOLDING.—The Secretary shall with6 hold 10 percent of the amount required to be appor7 tioned to any State under paragraphs (1), (3), and 

8 (4) of section 104(b) on October 1, 2014, and on 

9 each October 1 thereafter if the State does not meet 

10 the requirements of paragraph (2). 

11 ‘‘(2) REQUIREMENT.—A State meets the re12 quirements of this paragraph if the State has en13 acted and is enforcing a law that imposes the fol14 lowing penalties to a motorist who is found guilty of 

15 illegally passing a stopped school bus: 

16 ‘‘(A) FIRST OFFENSE.—For a first offense, 

17 a fine of not less than $250 with the possibility 

18 of jail time and license suspension. 

19 ‘‘(B) SECOND OFFENSE WITHIN A 5-YEAR

20 PERIOD OF A FIRST OFFENSE.—For a second 

21 offense within a 5-year period of a first offense, 

22 a fine of not less than $315 with the possibility 

23 of jail time and license suspension. 

24 ‘‘(b) PERIOD OF AVAILABILITY; EFFECT OF COMPLI25 ANCE AND NONCOMPLIANCE.— 


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•HR 4236 IH

1 ‘‘(1) PERIOD OF AVAILABILITY OF WITHHELD

2 FUNDS.— 

3 ‘‘(A) FUNDS WITHHELD ON OR BEFORE

4 SEPTEMBER 30, 2015.—Any funds withheld 

5 under subsection (a) from apportionment to any 

6 State on or before September 30, 2015, shall 

7 remain available until the end of the third fiscal 

8 year following the fiscal year for which the 

9 funds are authorized to be appropriated. 

10 ‘‘(B) FUNDS WITHHELD AFTER SEP11 TEMBER 30, 2015.—No funds withheld under 

12 this section from apportionment to any State 

13 after September 30, 2015, shall be available for 

14 apportionment to the State. 

15 ‘‘(2) APPORTIONMENT OF WITHHELD FUNDS

16 AFTER COMPLIANCE.—If, before the last day of the 

17 period for which funds withheld under subsection (a) 

18 from apportionment are to remain available for ap19 portionment to a State under paragraph (1), the 

20 State meets the requirement of subsection (a)(2), 

21 the Secretary shall, on the first day on which the 

22 State meets the requirement, apportion to the State 

23 the funds withheld under subsection (a) that remain 

24 available for apportionment to the State. 


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•HR 4236 IH

1 ‘‘(3) PERIOD OF AVAILABILITY OF SUBSE2 QUENTLY APPORTIONED FUNDS.—Any funds appor3 tioned pursuant to paragraph (2) shall remain avail4 able for expenditure until the end of the third fiscal 

5 year following the fiscal year in which the funds are 

6 so apportioned. Sums not obligated at the end of 

7 that period shall lapse. 

8 ‘‘(4) EFFECT OF NONCOMPLIANCE.—If, at the 

9 end of the period for which funds withheld under 

10 subsection (a) from apportionment are available for 

11 apportionment to a State under paragraph (1), the 

12 State does not meet the requirement of subsection 

13 (a)(2), the funds shall lapse.’’. 

14 (b) CONFORMING AMENDMENT.—The analysis for 

15 chapter 1 of title 23, United States Code, is amended by 

16 adding at the end the following: 

‘‘167. Withholding apportionments for noncompliance with school bus passings’’. 

Æ 


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