SENATE BILL NO. 1361

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Bill Status



S1361aa,aaH...............................................by TRANSPORTATION
SCHOOL ZONES - SPEED LIMIT - Adds to existing law to require compliance
with a school zone posted speed limit for a posted school zone; to define
"when children are present"; and to provide minimum penalty.

01/30    Senate intro - 1st rdg - to printing
01/31    Rpt prt - to Transp
02/01    Rpt out - rec d/p - to 2nd rdg
02/04    To 14th Ord
02/28    Rpt out amen - to engros
02/29    Rpt engros - 1st rdg - to 2nd rdg as amen
03/03    2nd rdg - to 3rd rdg as amen
03/04    3rd rdg as amen - PASSED - 29-5-1
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Burkett,
      Coiner, Corder, Davis, Fulcher, Gannon, Geddes, Goedde, Hammond,
      Heinrich, Jorgenson, Kelly, Langhorst, Lodge, Malepeai(Sagness),
      McGee, McKague, Pearce, Richardson, Schroeder, Siddoway, Stegner,
      Stennett, Werk
      NAYS -- Cameron, Darrington, Hill, Little, McKenzie
      Absent and excused -- Keough
    Floor Sponsors - Goedde & McGee
    Title apvd - to House
03/05    House intro - 1st rdg - to Transp
03/27    Rpt out - to Gen Ord
    Rpt out amen - to 1st rdg as amen
03/28    1st rdg - to 2nd rdg as amen
03/31    2nd rdg - to 3rd rdg as amen
    Rls susp - PASSED - 37-26-7
      AYES -- Anderson, Bilbao, Black, Block, Bock, Boe, Bolz, Bowers,
      Bradford, Chavez, Chew, Crane, Durst, Eskridge, Hagedorn, Hart,
      Henderson, Jaquet, Killen, LeFavour, Marriott, Mathews,
      Pasley-Stuart, Pence, Ringo, Ruchti, Rusche, Sayler, Shepherd(02),
      Shively, Smith(30), Smith(24), Snodgrass, Thomas, Trail, Wills,
      Wood(27)
      NAYS -- Andrus, Barrett, Bayer, Bedke, Bell, Brackett, Clark,
      Collins, Harwood, Kren, Labrador, Lake, Loertscher, Luker, McGeachin,
      Mortimer, Moyle, Nielsen, Patrick, Raybould, Roberts, Shepherd(08),
      Shirley, Stevenson, Thayn, Wood(35)
      Absent and excused -- Chadderdon, Henbest, King, Nonini, Schaefer,
      Vander Woude, Mr. Speaker
    Floor Sponsor - Ringo
    Title apvd - to Senate
04/01    Senate concurred in House amens - to engros
    Rpt engros - 1st rdg - to 2nd rdg as amen
    Rls susp - PASSED - 28-4-3
      AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Coiner, Corder,
      Davis, Fulcher, Gannon(Gannon), Geddes, Goedde, Hammond, Heinrich,
      Jorgenson, Kelly, Keough, Langhorst, Lodge, Malepeai(Sagness), McGee,
      McKague, Pearce, Richardson, Siddoway, Stegner, Stennett, Werk
      NAYS -- Cameron, Hill, Little, Schroeder
      Absent and excused -- Burkett, Darrington, McKenzie
    Floor Sponsor - Goedde
    Title apvd - to enrol
04/02    Rpt enrol - Pres signed - Sp signed
04/03    To Governor
04/09    Governor signed
         Session Law Chapter 372
         Effective: 07/01/08

Bill Text




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                       IN THE SENATE

                                    SENATE BILL NO. 1361

                                BY TRANSPORTATION COMMITTEE

  1                                        AN ACT
  2    RELATING TO RULES OF THE ROAD; AMENDING CHAPTER 6, TITLE 49,  IDAHO  CODE,  BY
  3        THE  ADDITION  OF A NEW SECTION 49-658, IDAHO CODE, TO PROVIDE FOR REDUCED
  4        SPEED LIMITS IN SCHOOL ZONES, TO REQUIRE  CERTAIN  INFORMATION  ON  SCHOOL
  5        ZONE  SIGNS  AND TO SPECIFY A FIXED PENALTY FOR EXCEEDING THE POSTED SPEED
  6        LIMIT IN A SCHOOL ZONE.

  7    Be It Enacted by the Legislature of the State of Idaho:

  8        SECTION 1.  That Chapter 6, Title 49, Idaho Code,  be,  and  the  same  is
  9    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 10    ignated as Section 49-658, Idaho Code, and to read as follows:

 11        49-658.  SCHOOL ZONE SPEED LIMITS --  SIGNS  --  PENALTY.  (1)  No  person
 12    shall  operate  a  vehicle  in excess of the posted maximum speed limit estab-
 13    lished for a school zone when the school zone is designated  by  appropriately
 14    placed  signs.  Unless  otherwise  posted, a school zone speed limit shall not
 15    apply on nonschool days.
 16        (2)  School zone speed limit signs shall indicate:
 17        (a)  The school zone; and
 18        (b)  The reduced speed limit; and
 19        (c)  One (1) of the following:
 20             (i)   Hours of the day when the speed limit is in effect;
 21             (ii)  That the speed limit is in effect when an electrical or mechan-
 22             ical signal indicates that it is in effect; or
 23             (iii) That the speed limit is in effect at all times on school days.
 24        (3)  Violation of the provisions of this section shall  be  an  infraction
 25    punishable by a fixed penalty of seventy-five dollars ($75.00).

Amendment




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                                     Moved by    Ringo

                                                     Seconded by Ruchti


                              IN THE HOUSE OF REPRESENTATIVES
                        HOUSE AMENDMENT TO S.B. NO. 1361, As Amended


  1                               AMENDMENTS TO SECTION 1
  2        On page 1 of the engrossed bill, in line 13, delete "then  "when  children
  3    are  present"  shall mean whenever" and insert: "the term shall mean"; in line
  4    14, following "children" delete the remainder of the line;  and  in  line  15,
  5    delete "in front of school buildings or on adjacent school grounds".

                                       2

                                                     Moved by    Goedde

                                                     Seconded by McGee


                                       IN THE SENATE
                             SENATE AMENDMENT TO S.B. NO. 1361


  1                                AMENDMENT TO SECTION 1
  2        On page 1 of the printed bill, delete lines 11 through 25 and insert:
  3        "49-658.  SCHOOL  ZONE SPEED LIMIT -- PENALTY. (1) No person shall operate
  4    a vehicle in excess of the posted maximum speed limit established for a posted
  5    school zone. If a posted school zone speed limit sign includes the words "when
  6    children are present," then "when children are present"  shall  mean  whenever
  7    one (1) or more children are on the roadway, sidewalk, pathway, road shoulder,
  8    in  front  of  school  buildings or on adjacent school grounds. The definition
  9    applies to children present on the same side  of  the  street  as  the  school
 10    building or across the street from the school building in any direction within
 11    the marked school zone.
 12        (2)  Violation  of  the  provisions of this section shall be an infraction
 13    punishable by  a  minimum  penalty  of  not  less  than  seventy-five  dollars
 14    ($75.00).".

 15                                 CORRECTION TO TITLE
 16        On  page  1,  delete lines 3 through 6, and insert: "THE ADDITION OF A NEW
 17    SECTION 49-658, IDAHO CODE, TO REQUIRE COMPLIANCE WITH A  SCHOOL  ZONE  POSTED
 18    SPEED  LIMIT  FOR  A POSTED SCHOOL ZONE, TO DEFINE "WHEN CHILDREN ARE PRESENT"
 19    AND TO PROVIDE A MINIMUM PENALTY.".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)




                                                                       
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   Second Regular Session - 2008

                                                                       

                                       IN THE SENATE

                 SENATE BILL NO. 1361, As Amended, As Amended in the House

                                BY TRANSPORTATION COMMITTEE

  1                                        AN ACT
  2    RELATING TO RULES OF THE ROAD; AMENDING CHAPTER 6, TITLE 49,  IDAHO  CODE,  BY
  3        THE  ADDITION  OF  A NEW SECTION 49-658, IDAHO CODE, TO REQUIRE COMPLIANCE
  4        WITH A SCHOOL ZONE POSTED SPEED LIMIT FOR A POSTED SCHOOL ZONE, TO  DEFINE
  5        "WHEN CHILDREN ARE PRESENT" AND TO PROVIDE A MINIMUM PENALTY.

  6    Be It Enacted by the Legislature of the State of Idaho:

  7        SECTION  1.  That  Chapter  6,  Title  49, Idaho Code, be, and the same is
  8    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
  9    ignated as Section 49-658, Idaho Code, and to read as follows:

 10        49-658.  SCHOOL ZONE SPEED LIMIT -- PENALTY. (1) No person shall operate a
 11    vehicle  in  excess of the posted maximum speed limit established for a posted
 12    school zone. If a posted school zone speed limit sign includes the words "when
 13    children are present," the term shall mean one (1) or more children. The defi-
 14    nition applies to children present on the same  side  of  the  street  as  the
 15    school building or across the street from the school building in any direction
 16    within the marked school zone.
 17        (2)  Violation  of  the  provisions of this section shall be an infraction
 18    punishable by  a  minimum  penalty  of  not  less  than  seventy-five  dollars
 19    ($75.00).

                                       2

                                       IN THE SENATE

                              SENATE BILL NO. 1361, As Amended

                                BY TRANSPORTATION COMMITTEE

  1                                        AN ACT
  2    RELATING  TO  RULES  OF THE ROAD; AMENDING CHAPTER 6, TITLE 49, IDAHO CODE, BY
  3        THE ADDITION OF A NEW SECTION 49-658, IDAHO CODE,  TO  REQUIRE  COMPLIANCE
  4        WITH  A SCHOOL ZONE POSTED SPEED LIMIT FOR A POSTED SCHOOL ZONE, TO DEFINE
  5        "WHEN CHILDREN ARE PRESENT" AND TO PROVIDE A MINIMUM PENALTY.

  6    Be It Enacted by the Legislature of the State of Idaho:

  7        SECTION 2.  That Chapter 6, Title 49, Idaho Code,  be,  and  the  same  is
  8    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
  9    ignated as Section 49-658, Idaho Code, and to read as follows:

 10        49-658.  SCHOOL ZONE SPEED LIMIT -- PENALTY. (1) No person shall operate a
 11    vehicle in excess of the posted maximum speed limit established for  a  posted
 12    school zone. If a posted school zone speed limit sign includes the words "when
 13    children  are  present,"  then "when children are present" shall mean whenever
 14    one (1) or more children are on the roadway, sidewalk, pathway, road shoulder,
 15    in front of school buildings or on adjacent  school  grounds.  The  definition
 16    applies  to  children  present  on  the  same side of the street as the school
 17    building or across the street from the school building in any direction within
 18    the marked school zone.
 19        (2)  Violation of the provisions of this section shall  be  an  infraction
 20    punishable  by  a  minimum  penalty  of  not  less  than  seventy-five dollars
 21    ($75.00).

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 17703

Currently, Idaho law has enhanced penalties for exceeding the
posted speed limit in highway work zones.  This law is intended
to help protect workers in these zones.  However, we do not have
such an enhancement to help protect our children near schools. 
Even though education and enforcement work diligently around
these zones to protect our greatest asset, there is no such
enhanced penalty.  This additional to the Idaho Code will address
this issue.  The fixed penalty will not include court costs of
$41.50.  This will bring the entire penalty for speeding in a
school zone to $116.50, or the same as an insurance citation.

Secondly, the purpose of this amendment is to clarify when a
school zone speed limit is in effect.  Currently, many school
zone speed limits are posted "when children are present".  The
problem is that this phrase is open to interpretation by the
public, the police and the courts.  This amendment will eliminate
that confusion.


                          FISCAL IMPACT

There is no fiscal impact to the State General Fund.  The Idaho
Department of Transportation, Local Highway Districts and
Municipal Street Departments may see some impact due to the
changing of some signs.  This one time expense should be limited
to an absolute maximum of eight signs per school.  Addition costs
will be offset the by the enhanced penalty.





Contact   
Name:  Senator John Goedde
Phone: 332-1322

Name: Senator John McGee
Phone: 332-1322


STATEMENT OF PURPOSE/FISCAL NOTE                        S 1361