BILL NUMBER: SB 87	CHAPTERED  09/09/04

	CHAPTER  386
	FILED WITH SECRETARY OF STATE  SEPTEMBER 9, 2004
	APPROVED BY GOVERNOR  SEPTEMBER 9, 2004
	PASSED THE SENATE  AUGUST 17, 2004
	PASSED THE ASSEMBLY  AUGUST 12, 2004
	AMENDED IN ASSEMBLY  JUNE 29, 2004
	AMENDED IN ASSEMBLY  APRIL 20, 2004
	AMENDED IN ASSEMBLY  MARCH 1, 2004
	AMENDED IN ASSEMBLY  SEPTEMBER 4, 2003
	AMENDED IN SENATE  MARCH 20, 2003

INTRODUCED BY   Senator Hollingsworth

                        JANUARY 27, 2003

   An act to amend Section 379 of the Streets and Highways Code,
relating to highways, and declaring the urgency thereof, to take
effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 87, Hollingsworth.  State Highway Route 79.
   Existing law requires the California Transportation Commission to
relinquish to any city or county any portion of any state highway
within the city or county that has been deleted from the state
highway system by legislative enactment.  These relinquishments
become effective upon the first day of the next calendar or fiscal
year, whichever first occurs after the effective date of the
legislative enactment.
   This bill would authorize the commission to relinquish to the City
of Temecula a specified portion of State Highway Route 79 located
within Temecula's city limits, upon terms and conditions the
commission finds to be in the best interests of the state, if the
commission and the city enter into an agreement providing for that
relinquishment.
   This bill would declare that it is to take effect immediately as
an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 379 of the Streets and Highways Code is amended
to read:
   379.  (a) Route 79 is from:
   (1) Route 8 near Descanso to Route 78 near Julian.
   (2) Route 78 near Santa Ysabel to the Temecula city limits east of
Butterfield  Stage Road.
   (3) Temecula city limits south of Murrieta Hot Springs Road to
Route 74 near Hemet.
   (4) Route 74 near Hemet to Route 10 near Beaumont.
   (b) Notwithstanding this section, the commission may relinquish to
the City of Temecula the portion of Route 79 located within Temecula'
s city limits, upon terms and conditions the commission finds to be
in the best interest of the state.
   (c) (1) Any relinquishment agreement shall require that the City
of Temecula administer the operation and maintenance of the highways
in a manner consistent with professional traffic engineering
standards.
   (2) Any relinquishment agreement shall require the City of
Temecula to ensure that appropriate traffic studies or analysis will
be performed to substantiate any decisions affecting the highways.
   (3) Any relinquishment agreement shall also require the City of
Temecula to provide for public notice and the consideration of public
input on the proximate effects of any proposed decision on traffic
flow, residences, or businesses, other than a decision on routine
maintenance.
   (4) Notwithstanding any of its other terms, any relinquishment
agreement shall require the City of Temecula to indemnify and hold
the department harmless from any liability for any claims made or
damages suffered by any person, including a public entity, as a
result of any decision made or damages suffered by any person,
including a public entity, as a result of any decision made or action
taken by the City of Temecula, its officers, employees, contractors,
or agent, with respect to the design, maintenance, construction, or
operation of that portion of Route 79 that is to be relinquished to
the city.
   (d) Any relinquishment shall become effective immediately after
the county recorder records the relinquishment resolution that
contains the commission's approval of the terms and conditions of the
relinquishment.
   (e) On and after the effective date of the relinquishment, both of
the following shall occur:
   (1) The portion of Route 79 relinquished shall cease to be a state
highway.
   (2) The portion of Route 79 relinquished may not be considered for
future adoption under Section 81.
   (f) The City of Temecula shall ensure the continuity of traffic
flow on the relinquished portion of Route 79, including any traffic
signal progression.
   (g) For relinquished portions of Route 79, the City of Temecula
shall maintain signs directing motorists to the continuation of Route
79.
  SEC. 2.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to further economic development and improve the quality
of life in the City of Temecula, it is necessary that this act take
effect immediately.