BILL NUMBER: AB 1938	CHAPTERED  09/18/06

	CHAPTER  318
	FILED WITH SECRETARY OF STATE  SEPTEMBER 18, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 18, 2006
	PASSED THE SENATE  AUGUST 28, 2006
	PASSED THE ASSEMBLY  MAY 30, 2006

INTRODUCED BY   Assembly Member Bogh
   (Principal coauthor: Senator Battin)

                        FEBRUARY 1, 2006

   An act to amend Section 379 of the Streets and Highways Code,
relating to highways.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1938, Bogh  State highways: relinquishment.
   Existing law provides that the Department of Transportation has
full possession and control of all state highways.  Existing law
describes the authorized routes in the state highway system and
establishes a process for adoption of a highway on an authorized
route by the California Transportation Commission. Existing law
authorizes the commission to relinquish certain state highway
segments to local agencies.
   This bill would authorize the commission to relinquish any
portions of State Highway Route 79 in the City of San Jacinto to that
city under certain conditions.


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) (1) Notwithstanding subdivision (a), 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.
   (2) 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.

   (3) 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.
   (4) 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.
   (5) 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.
   (6) 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.
   (7) On and after the effective date of the relinquishment, both of
the following shall occur:
   (A) The portion of Route 79 relinquished shall cease to be a state
highway.
   (B) The portion of Route 79 relinquished may not be considered for
future adoption under Section 81.
   (8) The City of Temecula shall ensure the continuity of traffic
flow on the relinquished portion of Route 79, including any traffic
signal progression.
   (9) For relinquished portions of Route 79, the City of Temecula
shall maintain signs directing motorists to the continuation of Route
79.
   (c) (1) Notwithstanding subdivision (a), the commission may
relinquish to the City of San Jacinto any portion of Route 79 that is
located within the city limits of that city, upon terms and
conditions the commission finds to be in the best interests of the
state, if the department and the city enter into an agreement
providing for that relinquishment.
   (2) A relinquishment under this subdivision shall become effective
immediately following the county recorder's recordation of the
relinquishment resolution containing the commission's approval of the
terms and conditions of the relinquishment.
   (3) On and after the effective date of the relinquishment, the
relinquished portion of Route 79 shall cease to be a state highway.
   (4) The portion of Route 79 relinquished under this subdivision
shall be ineligible for future adoption under Section 81.
   (5) For the portion of Route 79 that is relinquished under this
subdivision, the City of San Jacinto shall maintain within its
jurisdiction signs directing motorists to the continuation of Route
79.