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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