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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN 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).
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008Moved 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.".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN 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 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