Report Title:

Student Traffic Safety; New Schools

Description:

Requires the department of education to ensure that all traffic safety measures are in place and operational prior to the opening of a newly constructed public or charter school.  Requires the same of private schools.

THE SENATE	S.B. NO.	384
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO EDUCATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to part VI, subpart A, to be appropriately designated and to read as follows:

"§302A‑   Pedestrian traffic safety devices; newly constructed public schools. (a)  The department shall ensure that prior to the first day of instruction at a newly constructed public school, there are proper pedestrian traffic safety devices in place and fully operational in the immediate area surrounding the school.  The department shall formulate a checklist of proper pedestrian traffic safety devices to be used by all public and charter schools for purposes of this section.  No newly constructed public school shall open for the first day of instruction without first being certified by the department that all items on the checklist have been satisfied, including having proper pedestrian traffic safety devices in place and fully operational.

(b)  The department shall enlist the assistance of the state department of transportation, the appropriate county transportation services department, and the county police department for purposes of this section.

(c)  As used in this section:

"Pedestrian traffic safety devices" means "traffic-control devices", "traffic-control signal legend", "pedestrian-control signals", "flashing signals", "lane-direction-control signals", and "longitudinal traffic lane markings", as appropriate, as those terms are used in part IV of chapter 291C, and "crosswalks" and "traffic-control signal" as defined in section 291C‑1.

"Proper" means satisfying the minimum requirements of law or regulation, and in addition, other measures to enhance pedestrian traffic safety as appropriate to the particular location of the public school."

     SECTION 2.  Chapter 302B, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§302B‑   Pedestrian traffic safety devices; newly constructed charter schools. (a)  A charter school shall ensure that prior to the first day of instruction at a newly constructed charter school, there are proper pedestrian traffic safety devices in place and fully operational in the immediate area surrounding the charter school.  The charter school shall formulate a checklist of proper pedestrian traffic safety devices to be used for purposes of this section.  No newly constructed charter school shall open for the first day of instruction without first being certified by the department that all items on the checklist have been satisfied, including having proper pedestrian traffic safety devices in place and fully operational.

(b)  The charter school shall enlist the assistance of the state department of transportation, the appropriate county transportation services department, and the county police department for purposes of this section.

(c)  As used in this section:

"Pedestrian traffic safety devices" means "traffic-control devices", "traffic-control signal legend", "pedestrian-control signals", "flashing signals", "lane-direction-control signals", and "longitudinal traffic lane markings", as appropriate, as those terms are used in part IV of chapter 291C, and "crosswalks" and "traffic-control signal" as defined in section 291C‑1.

"Proper" means satisfying the minimum requirements of law or regulation, and in addition, other measures to enhance pedestrian traffic safety as appropriate to the particular location of the charter school."

     SECTION 3.  Chapter 302C, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§302C‑   Pedestrian traffic safety devices; newly constructed private schools. (a)  Private schools shall ensure that prior to the first day of instruction at a newly constructed private school, there are proper pedestrian traffic safety devices in place and fully operational in the immediate area surrounding the private school.  The private school shall formulate a checklist of proper pedestrian traffic safety devices to be used for purposes of this section.  No newly constructed private school shall open for the first day of instruction without first being certified by the principal, president, or headmaster, as applicable, of the private school that all items on the checklist have been satisfied, including having proper pedestrian traffic safety devices in place and fully operational.

(b)  For purposes of this section, the private school shall enlist the assistance of the state department of transportation, the appropriate county transportation services department, and the county police department, which shall cooperate with the private school for purposes of this section.

(c)  As used in this section:

"Pedestrian traffic safety devices" means "traffic-control devices", "traffic-control signal legend", "pedestrian-control signals", "flashing signals", "lane-direction-control signals", and "longitudinal traffic lane markings", as appropriate, as those terms are used in part IV of chapter 291C, and "crosswalks" and "traffic-control signal" as defined in section 291C‑1.

"Private school" means any primary or secondary educational institution not subject to chapter 302A or chapter 302B.

"Proper" means satisfying the minimum requirements of law or regulation, and in addition, other measures to enhance pedestrian traffic safety as appropriate to the particular location of the private school."

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

INTRODUCED BY:

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