SENATE BILL REPORT

SHB 2739

As Reported by Senate Committee On:

Transportation, March 1, 2010

Title: An act relating to the enforcement of certain school or playground crosswalk violations.

Brief Description: Concerning the enforcement of certain school or playground crosswalk violations.

Sponsors: House Committee on Transportation (originally sponsored by Representatives Simpson, Pearson, Liias, Rodne, Hope, Sullivan, Priest, Wallace, Dammeier, Kristiansen and Chase).

Brief History: Passed House: 2/13/10, 92-0.

Committee Activity: Transportation: 2/25/10, 3/01/10 [DP, w/oRec].

Majority Report: Do pass.

Signed by Senators Haugen, Chair; Marr, Vice Chair; Swecker, Ranking Minority Member; Becker, Berkey, Eide, Hatfield, Jacobsen, Kastama, Kauffman, Kilmer, King, Ranker and Sheldon.

Minority Report: That it be referred without recommendation.

Signed by Senator Delvin.

Staff: Wendy Malkin (786-7434)

Background: Local jurisdictions may create school or playground speed zones that have a speed limit of 20 mph. The speed zones must be on a road bordering a marked school or playground, and the zone may extend 300 feet from the border of the school or playground property.

It is unlawful to exceed 20 mph when passing a crosswalk that is properly marked with school or playground speed limit signs. The speed zone at such a crosswalk extends 300 feet in either direction of the crosswalk.

A person who commits a speed infraction in a school or playground speed zone receives twice the scheduled penalty for the infraction, and the penalty cannot be waived, reduced, or suspended.

Fifty percent of the money collected from speeding infractions in school and playground speed zones is deposited into the school zone safety account. Money in the account can be used only by the Traffic Safety Commission for projects to improve school zone safety, student transportation safety, and student safety in bus loading and unloading areas.

Summary of Bill: A vehicle driver who commits an infraction by failing to stop for a pedestrian or bicyclist within a crosswalk that is marked with school or playground speed zone signs receives twice the scheduled penalty for the infraction. In addition, a vehicle driver in a school or playground speed zone receives twice the scheduled penalty if the driver commits an infraction by failing to exercise due care to avoid colliding with a pedestrian, or failing to yield the right of way to a pedestrian or bicyclist on the sidewalk. The penalties for these infractions may not be waived, reduced, or suspended. Fifty percent of the money collected from the infractions is deposited into the school zone safety account.

School districts may erect signs informing motorists of the monetary penalties assessed for the school and playground speed zone infractions related to pedestrians and bicyclists.

Crossing guards who observe pedestrian or bicycle-related violations may prepare a written report to law enforcement. Crossing guards must be age 18 or older to prepare the written report. The report must include information about the violation and information to allow law enforcement to identify the violator. If the report is delivered to law enforcement, it must be delivered within 72 hours after the violation occurred. If a law enforcement officer is able to identify the driver and has reasonable cause to believe the infraction occurred, the officer may issue an infraction.

Appropriation: None.

Fiscal Note: Available.

Committee/Commission/Task Force Created: No.

Effective Date: The bill takes effect on July 1, 2010.

Staff Summary of Public Testimony: PRO: I have been to many accidents where kids have been hit by cars. This bill is a good step to get drivers to pay attention to the road and follow the law. There is new funding for walk to school programs and training for crossing guards. As part of the training, adult crossing guards can be trained on reporting violators under the reporting procedures provided in this bill. The double fines for speeding in school zones has worked. This bill is the next logical step to keep our kids safe. Crossing guards are in favor of this bill.

Persons Testifying: PRO: Geoff Simpson, prime sponsor; Allan Jones, Superintendent of Public Instruction; Steve Lind, Traffic Safety Commission; Doug Nelson, PSE SEIU.