Atomic City Talk

Rep Hackworth and Sen McNally have introduced some legislation that, if passed, will significantly impact the goal of protecting of our children as well as adult pedestrians. I'll post additional details on my blog within the next week, but please consult the TN General Assembly website at http://www.legislature.state.tn.us/ for further information and for progress updates. More importantly, please let your elected representatives know of your support for these measures.

SB3079 by *McNally. (*HB2649 by *Hackworth.)
See also: *HB2649 by *Hackworth. (SB3079 by *McNally.)
Education - Requires the state provide transportation for students who must cross a four-lane road or highway within one and one-half miles of the school in which they are enrolled.
Bill Summary for SB3079 / *HB2649
Present law allows but does not require a board of education to provide school transportation facilities for a child who lives less than 1.5 miles by the nearest accessible route from the school in which the student is enrolled. The county is not entitled to receive state transportation funds for any such student other than a child with physical disabilities.

This bill provides state transportation funds for the school transportation needs of any student who must cross a road or highway with four or more lanes within 1.5 miles of the nearest accessible route from the school in which the student is enrolled.

SB3077 by *McNally. (*HB2653 by *Hackworth.)
Traffic Safety - Prohibits motor vehicles from crossing a roadway with a crosswalk when a pedestrian is in such crosswalk; prohibits motor vehicles from crossing a roadway in school safety zones when a pedestrian is in the roadway.
Bill Summary for SB3077 / *HB2653
Under present law, when traffic-control signals are not in place or not in operation, the driver of a vehicle must yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway. This requirement applies to a pedestrian within a crosswalk when the pedestrian is upon the half of the roadway upon which the vehicle is traveling, or when the pedestrian is approaching so closely from the opposite half of the roadway as to be in danger.

This bill revises the above requirement. Under this bill, where traffic-control signals are not in place or not in operation, the driver of a vehicle must stop to yield the right-of-way to a pedestrian crossing the roadway within a marked crosswalk or at an intersection with no marked crosswalk. This bill requires that the driver remain stopped until the pedestrian has crossed the roadway on which the vehicle is stopped.

Generally, present law authorizes counties and municipalities to establish special speed limits upon any highway or public road of this state within their jurisdiction. This bill specifies that where special speed limits are established upon any highway or public road of this state, the driver of the vehicle must stop to yield the right-of-way to a pedestrian crossing the roadway within the special speed limits. This bill requires that the driver remain stopped until the pedestrian has crossed the roadway on which the vehicle is stopped. This bill specifies that this requirement does not apply in the situation where present law requires a pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided to yield the right-of-way to all vehicles upon the roadway. This bill prohibits a pedestrian from suddenly leaving a curb or other place of safety and walking or running into the path of a vehicle that is so close that it is impossible for the driver to yield.

Under present law, a violation of the statutory "rules of the road," which includes the above-described provisions, is a Class C misdemeanor.

*HB2556 by *Hackworth. (SB3081 by *McNally.)
School Transportation - Requires state funds pay for transportation for students living within one and one-half miles from a public school in which such students are enrolled if there are special hazard zones present as identified from an engineering and traffic investigation.
Bill Summary for *HB2556 / SB3081
Present law allows a board of education to provide school transportation facilities for a child who lives less than 1.5 miles from the nearest accessible route from the school in which that child is enrolled, but the county is not entitled to state transportation funds for any such student, other than a student with a physical disability. This bill requires state funding for a student's school transportation needs, if a special hazard zone exists within 1.5 miles of the nearest accessible route from the school in which the student is enrolled. Under this bill, the department of safety will determine whether a special hazard zone exists based on engineering and traffic investigations.

*HB2651 by *Hackworth. (SB3080 by *McNally.)
School Transportation - Requires LEAs upon request of a parent to survey area within one and one-half miles of school to determine if any special hazards for students walking to such school exist; LEA shall send positive findings to the commissioner of transportation; commissioner must reject such findings within 60 days or state will pay for transportation to school for such students.
Bill Summary for *HB2651 / SB3080
Present law allows but does not require a board of education to provide school transportation facilities for a child who lives less than 1.5 miles by the nearest accessible route from the school in which the student is enrolled. The county may not receive state transportation funds for any such student other than a child with physical disabilities.

This bill requires a local education authority (LEA) to conduct an investigation to determine if any special hazard zones are present within such area. The investigation would be conducted upon the written request of any parent of a student living within 1.5 miles of the nearest accessible route from the school in which such student is enrolled. A special hazard zone includes:

(1) An absence of sidewalks;
(2) A highway with four or more lanes;
(3) An intersection that prohibits a right turn on red;
(4) An area in which at least one sexual offender or violent sexual offender resides; or
(5) Any other condition that could affect the safety and well-being of the child walking to school.

If the LEA determines a special hazard zone is present, then the LEA must submit its findings to the commissioner of transportation. Unless the commissioner of transportation rejects such findings within 60 days, state transportation funds must be provided for the school transportation needs of those students living within the special hazard zone.

*HB2656 by *Hackworth. (SB3203 by *McNally.)
Traffic Safety - Increases penalty for speeding in school zones to include a $250 minimum fine.
Bill Summary for *HB2656 / SB3203
Under present law, in counties and municipalities where the local legislative body does not establish special speed limits for school zones, any person who drives at a speed in excess of 15 miles per hour in a school zone during recess when warning flashers are in operation, or during the 40-minute periods before the school opening hour and after the school closing hour, while children are actually going to or leaving school, is prima facie guilty of reckless driving. Under present law, reckless driving is a Class B misdemeanor. The penalty for a Class B misdemeanor is up to six months imprisonment, or a fine of up to $500, or both.

This bill requires that a person who is convicted of reckless driving for speeding in a school zone be fined not less than $250.

A little bit of overkill here. I will be making phone calls along with my friends. Maybe you should be as concerned about drug use by our children. It does much more harm than cars.

What is the funding mechanism? Will this be an unfunded mandate? If so that means the local school system will have to "find" the money. Guess where that comes from?

I agree PI, drug usage is a main priority. As noted on the front page of the dead tree edition today.

Thanks!

Why do you assume that I am not?

Two of the bills may actually generate revenue (you can read more about them on the website I referenced.) The other 3 bills read that the state would provide funding. If you are asking where the state will get the money from, that I don’t know. However, putting the burden on the state for the additional funds would certainly alleviate the burden of the city and the schools; it would also benefit communities across the state, rather than just our own.

The fact that our kids are hurting themselves and others is one that I’ve been aware of since my own child started high school. It deeply concerns me that both drug use and drug sales are occurring on campus. I’m also worried about the fact that some (I don’t know how many, but I have asked) are engaging in self-mutilation (aka cutting).

While I hope to eventually contribute towards solutions for these children in crisis, our government employees and elected officials are probably in the best position to address your concerns. If you can learn of what programs or efforts are already in place (besides a zero-tolerance policy), please share here and maybe we can all start working together to help our kids.

Call Judge Meldrum or Dave Clark. Also, try David Beams. Self mutilation is a very serious problem and is happening very often. Drugs are the worst issue in Oak Ridge. It is more common here than in the county schools. Although meth is not a big issue in Oak Ridge, cocaine and crack are and is more widespread in the school system than you can imagine.

If you have questions about these bills -- or any others -- you might want to stop by the League of Women Voters' Breakfast with the Legislators tomorrow morning, 7:30 a.m., at the Civic Center. It's free, and open to the public.

Randy and Jim, and sometimes Dennis Ferguson and/or Les Winningham, start out with a briefing on what's going on currently. Then, there's a period where anyone can ask questions.

The column in today's Oak Ridger by David Clark should be required reading for all state legislators. I wish I had read it before the meeting today.

That was interesting. This morning, Rep. Hackworth told us that his bill to provide (partial) state funding to transport students within the 1.5 mile zone, who must cross or pass defined hazards (4-lane highways, high accident zones, sex offenders) is meeting with some resistance, since the fiscal note assumes that all students would be included by those parameters.

He was hoping that the revenues collected from increasing the penalties for speeding in school zones could offset the fiscal note on transportation, but that has drawn resistance due to increased costs on local courts, since those accruing penalties of more than $250 are entitled to a jury trial, if they so choose.

Neither bill has been defeated yet, but it looks like it could require some effort.

A 46-year old friend of mine was recently carded at Office Depot when he purchased a can of compressed air to use to clean his computer. All because stupid people (mostly teens) are buying the stuff so they can get high. Good grief.

Which is why it is so important that this community show their support. When I spoke with Rep Hackworth last week, we discussed these obstacles and more. I appreciate his strategy to attack the issue from multiple angles via multiple bills. I was pleased to hear that he is thinking ahead and has a few different ideas in mind to try to overcome the resistance. It's realistic to expect that some will not be passed, but good to know that he is willing to keep pushing, even if it takes years.