BILL NUMBER: SB 432 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 21, 2008
AMENDED IN ASSEMBLY AUGUST 15, 2008
AMENDED IN ASSEMBLY JULY 11, 2007
INTRODUCED BY Senator Lowenthal
FEBRUARY 21, 2007
An act to amend Sections 14530.1, 14679, 65070, 65072, and 65073
of the Government Code, to amend Sections 301, 302, 339, 366, 379,
384, 451, 460, and 464 of, to add Section 574 to, and to repeal
Section 301.5 of, the Streets and Highways Code, and to amend
Sections 5004.1, 21455.7, 21461, 21650, 22507.8, 22511.7, 22511.8,
and 40203.5 of, and to add Sections 231.5 and 231.6 to, the Vehicle
Code, relating to transportation.
LEGISLATIVE COUNSEL'S DIGEST
SB 432, as amended, Lowenthal. Transportation.
(1) Existing law provides for the creation of the California
Transportation Plan by the Department of Transportation and requires
the department to make a draft of its proposed plan available to
specified entities for review and comment. Existing law requires the
Governor to adopt the plan and submit it to the Legislature and the
Secretary of the United States Department of Transportation.
This bill would instead require the department to periodically
update and make a draft of its proposed California Transportation
Plan available to specified entities. The bill would also authorize a
designee of the Governor to adopt the plan and submit it to the
Legislature and the Secretary of the United States Department of
Transportation. The bill would make other related changes.
(2) 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 revise certain state highway route descriptions to
reflect relinquishments to various cities that have been completed.
The bill would also describe Route 275 and would make technical
corrections to the descriptions of other state highway routes.
(3) Existing law requires at an intersection at which there is an
automated enforcement system in operation, the minimum yellow light
change interval be established in accordance with the Traffic Manual
of the Department of Transportation.
This bill would require that at an intersection at which there is
an automated enforcement system in operation, the minimum yellow
light change interval would be established in accordance with the
California Manual on Uniform Traffic Control Devices.
(4) Existing law makes it a crime for a driver to fail to obey a
sign or signal, defined as regulatory in the federal Manual on
Uniform Traffic Control Devices, or a Department of Transportation
approved supplement to that manual, of a regulatory nature erected or
maintained to enhance traffic safety and operations or to indicate
and carry out the provisions of the Vehicle Code, a local traffic
ordinance, or a resolution adopted pursuant to a local traffic
ordinance, or to fail to obey a device erected or maintained by
lawful authority of a public body or official.
This bill would substitute the California Manual on Uniform
Traffic Control Devices for the federal Manual on Uniform Traffic
Control Devices or a Department of Transportation approved supplement
to that manual as the source defining a sign or signal as
regulatory.
(5) Existing law requires that vehicles be driven on the right
half of the roadway, subject to specified exceptions, and states that
this provision does not prohibit bicycles from being operated on any
shoulder of a highway, unless that operation is otherwise prohibited
by the Vehicle Code or local ordinance.
This bill would further specify that the requirement that vehicles
be driven on the right half of the roadway does not prohibit
bicycles from being operated on a sidewalk, on a bicycle path within
a highway, or along a crosswalk or bicycle path crossing. The bill
would also define the terms "bicycle path," "bike path," and "bicycle
path crossing" for purposes of the Vehicle Code.
(6) Existing law authorizes a vehicle equipped with a special
license plate, placard, or temporary placard indicating the person is
a disabled person, disabled veteran, or an organization or agency
involved in the transportation of disabled persons or disabled
veterans, as specified, to exercise certain parking privileges,
including parking or leaving standing a vehicle in a stall or parking
place designated for a disabled person or disabled veteran. Existing
law requires these spaces to be distinguished by signs and markings
placed pursuant to certain specifications, including signs indicating
a minimum fine of $250 for unauthorized parking in those spaces.
This bill would revise the provisions relating to those signs to
delete certain language.
(7) Under existing law, it is unlawful for a person to park or
leave standing a vehicle in a stall or parking place designated for a
disabled person or disabled veteran, unless the vehicle displays a
special license plate or placard, as specified.
Existing law requires certain parking facilities under the
jurisdiction or control of state agencies to reserve stalls or
parking places for the exclusive use of a vehicle that displays the
special license plate or placard.
This bill would also specify that it is unlawful for a person to
park or leave standing a vehicle in a stall or space designated for
disabled persons or disabled veterans in a state parking facility,
unless the vehicle displays the special license plate or placard.
(8) Existing law requires the governing body of a jurisdiction
that issues parking violation notices to establish a schedule of
parking penalties for parking violations and late payment penalties
to be collected as civil penalties.
This bill would specify minimum and maximum amounts for the civil
penalties to be established for unlawfully parking or leaving
standing a vehicle in a stall or parking place designated for a
disabled person or disabled veteran. The bill would authorize an
agency issuing a notice of the violation to suspend the imposition of
the penalty in specified circumstances.
Because this bill would place additional duties on local agencies
by requiring a governing body to establish and administer the
specified minimum civil penalty, the bill would impose a
state-mandated local program.
(9) The bill would make other technical nonsubstantive changes and
would delete certain obsolete language.
(10) This bill would incorporate additional changes to Section 301
of the Streets and Highways Code, proposed by both this bill and SB
1366, to be operative only if SB 1366 and this bill are both enacted,
each bill amends that section, and this bill is enacted after SB
1366.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14530.1 of the Government Code is amended to
read:
14530.1. (a) The department, in cooperation with the commission,
transportation planning agencies, and county transportation
commissions and local governments, shall develop guidelines for the
development of the state transportation improvement program and the
incorporation of projects into the state transportation improvement
program.
(b) The guidelines shall include, but not be limited to, all of
the following:
(1) Standards for project deliverability.
(2) Standards for identifying projects and project components.
(3) Standards for cost estimating.
(4) Programming methods for increases and schedule changes.
(5) Objective criteria for measuring system performance and
cost-effectiveness of candidate projects.
(c) The guidelines shall be the complete and full statement of the
policy, standards, and criteria that the commission intends to use
in selecting projects to be included in the state transportation
improvement program.
(d) The commission may amend the adopted guidelines after
conducting at least one public hearing. The commission shall make a
reasonable effort to adopt the amended guidelines prior to its
adoption of the fund estimate pursuant to Section 14525. In no event
shall the adopted guidelines be amended, or otherwise revised,
modified, or altered during the period commencing 30 days after the
adoption of the fund estimate pursuant to Section 14525 and before
the adoption of the state transportation improvement program pursuant
to Section 14529.
SEC. 2. Section 14679 of the Government Code is amended to read:
14679. (a) A parking facility under the jurisdiction or control
of a state agency, that is available to private persons who desire to
conduct business with the state agency, shall reserve for the
exclusive use of any vehicle that displays either a special
identification license plate issued pursuant to Section 5007 or a
distinguishing placard issued pursuant to Section 22511.55 or
22511.59 a minimum of one parking space for up to 25 spaces, and
additional parking spaces pursuant to Section 1129B of Part 2 of
Title 24 of the California Code of Regulations.
(1) (A) The space or spaces shall be reserved by posting
immediately adjacent to and visible from such space or spaces a sign
consisting of a profile view of a wheelchair with occupant in white
on a blue background.
(B) The sign shall also clearly and conspicuously state the
following: "Minimum Fine $250." This subparagraph applies only to
signs for parking spaces constructed on or after July 1, 2008, and
signs that are replaced on or after July 1, 2008, or as the State
Architect deems necessary when renovations, structural repair,
alterations, and additions occur to existing buildings and facilities
on or after July 1, 2008.
(2) The loading and unloading area of the pavement adjacent to a
parking stall or space designated for disabled persons or disabled
veterans shall be marked by a border and hatched lines. The border
shall be painted blue and the hatched lines shall be painted a
suitable contrasting color to the parking space. Blue or white paint
is preferred. In addition, within the border the words "No Parking"
shall be painted in white letters no less than 12 inches high. This
paragraph applies only to parking spaces constructed on or after July
1, 2008, and painting that is done on or after July 1, 2008, or as
the State Architect deems necessary when renovations, structural
repair, alterations, and additions occur to existing buildings and
facilities on or after July 1, 2008.
(b) If no parking facility under the jurisdiction and control of a
state agency is available to private persons who desire to conduct
business with the state agency, the state agency shall request the
local authority having jurisdiction over streets immediately adjacent
to the property of the state agency to provide parking spaces for
the use of disabled persons and disabled veterans pursuant to Section
22511.7 of the Vehicle Code.
(c) The Department of General Services under the Division of the
State Architect shall develop pursuant to Section 4450, as
appropriate, conforming regulations to ensure compliance with
subparagraph (B) of paragraph (1) of subdivision (a) and paragraph
(2) of subdivision (a). Initial regulations to implement these
provisions shall be adopted as emergency regulations. The adoption of
these regulations shall be considered by the Department of General
Services to be an emergency necessary for the immediate preservation
of the public peace, health and safety, or general welfare.
SEC. 3. Section 65070 of the Government Code is amended to read:
65070. (a) The Legislature finds and declares, consistent with
Section 65088, that it is in the interest of the State of California
to have an integrated state and regional transportation planning
process. It further finds that federal law mandates the development
of a state and regional long-range transportation plan as a
prerequisite for receipt of federal transportation funds. It is the
intent of the Legislature that the preparation of these plans shall
be a cooperative process involving local and regional government,
transit operators, congestion management agencies, and the goods
movement industry and that the process be a continuation of
activities performed by each entity and be performed without any
additional cost.
(b) The Legislature further finds and declares that the California
Transportation Plan is a long-range state transportation plan
prepared by the Department of Transportation in accordance with
Section 135 of Title 23 of the United States Code that includes a
continuing planning process through the preparation of congestion
management plans and regional transportation plans, and identifies
major interregional road networks and passenger rail corridors for
the state.
SEC. 4. Section 65072 of the Government Code is amended to read:
65072. The California Transportation Plan shall do all of the
following:
(a) Describe the state's transportation policies and system
performance objectives. These policies and objectives shall be
consistent with legislative intent described in Sections 14000,
14000.5, and 65088.
(b) Incorporate the broad system concepts and strategies
synthesized from the adopted regional transportation plans prepared
pursuant to Section 65080. The California Transportation Plan shall
not be project specific.
(c) Include recommendations to the Legislature and the Governor to
achieve the plan's broad system concepts, strategies, and
performance objectives.
SEC. 5. Section 65073 of the Government Code is amended to read:
65073. The department shall periodically update and make a draft
of its proposed plan available to the Legislature, the commission,
and the regional transportation planning agencies for review and
comment. The commission may present the results of its review and
comment to the Legislature and the Governor. The Governor, or his or
her designee, shall adopt the plan and submit the plan to the
Legislature and the Secretary of the United States Department of
Transportation.
SEC. 6. Section 301 of the Streets and Highways Code is amended to
read:
301. Route 1 is from:
(a) Route 5 south of San Juan Capistrano to Route 101 near El Rio,
except for the portion of Route 1 relinquished:
(1) Within the city limits of the City of Dana Point between the
western edge of the San Juan Creek Bridge and Eastline Road at the
limits of the City of Laguna Beach.
(2) Within the city limits of the City of Newport Beach between
Jamboree Road and Newport Coast Drive.
(b) Route 101 at Emma Wood State Beach, 1.3 miles north of Route
33, to Route 101, 2.8 miles south of the Ventura-Santa Barbara county
line at Mobil Pier Undercrossing.
(c) Route 101 near Las Cruces to Route 101 in Pismo Beach via the
vicinity of Lompoc, Vandenberg Air Force Base, and Guadalupe.
(d) Route 101 in San Luis Obispo to Route 280 south of San
Francisco along the coast via Cambria, San Simeon, and Santa Cruz.
(e) Route 280 near the south boundary of the City and County of
San Francisco to Route 101 near the approach to the Golden Gate
Bridge in San Francisco.
(f) Route 101 near the southerly end of Marin Peninsula to Route
101 near Leggett via the coast route through Jenner and Westport.
(g) The relinquished former portions of Route 1 within the City of
Dana Point and the City of Newport Beach are not state highways and
are not eligible for adoption under Section 81. For those
relinquished former portions of Route 1, the City of Dana Point and
the City of Newport Beach shall maintain within their respective
jurisdictions signs directing motorists to the continuation of Route
1. The City of Newport Beach shall ensure the continuity of traffic
flow on the relinquished portions of Route 1 within its jurisdiction,
including, but not limited to, any traffic signal progression.
SEC. 6.5. Section 301 of the Streets and
Highways Code is amended to read:
301. Route 1 is from:
(a) Route 5 south of San Juan Capistrano to Route 101 near El
Rio. Rio, except for the portion of Route 1
relinquished:
(1) Within the city limits of the City of Dana Point between the
western edge of the San Juan Creek Bridge and Eastline Road at the
limits of the City of Laguna Beach.
(2) Within the city limits of the City of Newport Beach between
Jamboree Road and Newport Coast Drive.
(b) Route 101 at Emma Wood State Beach, 1.3 miles north of Route
33, to Route 101, 2.8 miles south of the Ventura-Santa Barbara county
line at Mobil Pier Undercrossing.
(c) Route 101 near Las Cruces to Route 101 in Pismo Beach via the
vicinity of Lompoc, Vandenberg Air Force Base, and Guadalupe.
(d) Route 101 in San Luis Obispo to Route 280 south of San
Francisco along the coast via Cambria, San Simeon, and Santa Cruz.
(e) Route 280 near the south boundary of the City and County of
San Francisco to Route 101 near the approach to the Golden Gate
Bridge in San Francisco.
(f) Route 101 near the southerly end of Marin Peninsula to Route
101 near Leggett via the coast route through Jenner and Westport.
(g) The relinquished former portions of Route 1 within the City of
Dana Point and the City of Newport Beach are not state highways and
are not eligible for adoption under Section 81. For those
relinquished former portions of Route 1, the City of Dana Point and
the City of Newport Beach shall maintain within their respective
jurisdictions signs directing motorists to the continuation of Route
1. The City of Newport Beach shall ensure the continuity of traffic
flow on the relinquished portions of Route 1 within its jurisdiction,
including, but not limited to, any traffic signal progression.
(g) (1)
(h) The commission may relinquish to the City of
Dana Point, Oxnard the portion of Route
1 that is located within the city limits of that city and is between
the western edge of the San Juan Creek channel overcrossing
and the city limits of the City of Laguna Beach
Pleasant Valley Road and Route 101 , 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.
(2)
(1) A relinquishment under this subdivision shall
become effective immediately following the County Recorder's
recordation of after the county recorder records
the relinquishment resolution containing
that contains the commission's approval of the terms and
conditions of the relinquishment.
(3)
(2) On and after the effective date of the
relinquishment, that portion of Route 1 so
relinquished shall cease to be a state highway and may not be
considered for future adoption under Section 81 .
(4)
(3) For portions of Route 1 that are
relinquished under this subdivision, the City of Dana Point
Oxnard shall maintain within its jurisdiction
signs directing motorists to the continuation of Route 1.
SEC. 7. Section 301.5 of the Streets and Highways Code is
repealed.
SEC. 8. Section 302 of the Streets and Highways Code is amended
to read:
302. (a) Route 2 is from:
(1) The point where Santa Monica Boulevard crosses the city limits
of Santa Monica at Centinela Avenue to Route 405 in Los Angeles.
(2) The point where Santa Monica Boulevard crosses the city limits
of West Hollywood into the City of Los Angeles at La Brea Avenue to
Route 101 in Los Angeles.
(3) Route 101 in Los Angeles to Route 210 in La Canada-Flintridge
via Glendale.
(4) Route 210 in La Canada-Flintridge to Route 138 via Wrightwood.
(b) The relinquished former portions of Route 2 within the city
limits of the Cities of West Hollywood, Santa Monica, Beverly Hills,
and Los Angeles are not state highways and are not eligible for
adoption under Section 81. Those cities shall maintain signs within
their respective jurisdictions directing motorists to the
continuation of Route 2.
(c) (1) Notwithstanding subdivision (a), the commission may
relinquish to the City of Los Angeles the conventional highway
portion of Route 2 that is located between the city limits of that
city, upon terms and conditions the commission finds to be in the
best interests of the state, including, but not limited to, a
condition that the City of Los Angeles maintain within its
jurisdiction signs directing motorists to the continuation of Route
2.
(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, both of
the following shall occur:
(A) The portion of Route 2 relinquished under this subdivision
shall cease to be a state highway.
(B) The portion of Route 2 relinquished under this subdivision
shall be ineligible for future adoption under Section 81.
(4) For the portions of Route 2 that are relinquished, the City of
Los Angeles shall maintain within its jurisdiction signs directing
motorists to the continuation of Route 2.
SEC. 9. Section 339 of the Streets and Highways Code is amended to
read:
339. Route 39 is from:
(a) Route 1 near Huntington Beach to Route 72 in La Habra via
Beach Boulevard.
(b) Beach Boulevard to Harbor Boulevard in La Habra via Whittier
Boulevard.
(c) Whittier Boulevard in La Habra to Route 2 via Harbor Boulevard
to the vicinity of Fullerton Road, then to Azusa Avenue, Azusa
Avenue to San Gabriel Canyon Road, San Gabriel Avenue southbound
between Azusa Avenue and San Gabriel Canyon Road, and San Gabriel
Canyon Road, other than the portion of the segment described by this
subdivision that is within the city limits of Azusa, Covina, and West
Covina.
The relinquished former portions of Route 39 within the city
limits of Azusa, Covina, and West Covina are not state highways and
are not eligible for adoption under Section 81. For the relinquished
former portions of Route 39, the Cities of Azusa, Covina, and West
Covina shall maintain within their respective jurisdictions signs
directing motorists to the continuation of Route 39.
SEC. 10. Section 366 of the Streets and Highways Code is amended
to read:
366. (a) Route 66 is from:
(1) Route 210 near San Dimas to the Los Angeles-San Bernardino
County line at the western city limits of the City of Upland.
(2) The eastern city limits of the City of Fontana near Maple
Avenue to Route 215 in San Bernardino.
(b) The relinquished former portions of Route 66 within the city
limits of Fontana, Rancho Cucamonga, and Upland are not state
highways and are not eligible for adoption under Section 81. For the
portions of Route 66 relinquished under this section, the cities of
Fontana, Rancho Cucamonga, and Upland shall maintain within their
respective jurisdictions signs directing motorists to the
continuation of Route 66 and shall ensure the continuity of traffic
flow on the relinquished portions of Route 66 within their respective
jurisdictions, including any traffic signal progression.
(c) (1) Notwithstanding subdivision (a), the commission may
relinquish to the City of Rialto the portion of Route 66 that is
located within the city limits or the sphere of influence of that
city, upon terms and conditions the commission finds to be in the
best interests of the state.
(2) A relinquishment under this subdivision shall become effective
immediately following the recordation by the county recorder 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, both of
the following shall occur:
(A) The portion of Route 66 relinquished under this subdivision
shall cease to be a state highway.
(B) The portion of Route 66 relinquished under this subdivision
may not be considered for future adoption under Section 81.
(4) The city shall ensure the continuity of traffic flow on the
relinquished portion of Route 66, including any traffic signal
progression.
(5) For relinquished portions of Route 66, the city shall maintain
signs directing motorists to the continuation of Route 66.
SEC. 11. 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 the San Jacinto city limit near Menlo
Avenue.
(5) The San Jacinto city limit near Sanderson Avenue to Route 10
near Beaumont.
(b) The relinquished former portions of Route 79 within the City
of Temecula and the City of San Jacinto are not state highways and
are not eligible for adoption under Section 81. For the relinquished
former portions of Route 79, the City of Temecula and the City of San
Jacinto shall maintain within their respective jurisdictions signs
directing motorists to the continuation of Route 79. The City of
Temecula shall ensure the continuity of traffic flow on the
relinquished former portions of Route 79 within its jurisdiction,
including, but not limited to, any traffic signal progression.
(c) (1) Notwithstanding subdivision (a), the commission may
relinquish to the City of Hemet the 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 Hemet shall maintain within its jurisdiction
signs directing motorists to the continuation of Route 79.
SEC. 12. Section 384 of the Streets and Highways Code is amended
to read:
384. (a) Route 84 is from:
(1) Route 1 near San Gregorio to Route 101 at Woodside Road in
Redwood City.
(2) Route 101 at Marsh Road in Menlo Park to Route 880.
(3) Route 880 to Route 238.
(4) Route 238 to Route 680 near Scotts Corners via the vicinity of
Sunol.
(5) Route 680 near Scotts Corners to Route 580 in Livermore.
(6) Route 580 in Livermore to Route 4 near Brentwood.
(7) Route 12 at Rio Vista to the southerly city limit of the City
of West Sacramento.
(b) The relinquished former portion of Route 84 within the City of
West Sacramento is not a state highway and is not eligible for
adoption under Section 81. For the relinquished former portion of
Route 84, the City of West Sacramento shall maintain signs directing
motorists to the continuation of Route 84.
SEC. 13. Section 451 of the Streets and Highways Code is amended
to read:
451. Route 151 is from Shasta Dam to Route 5 near the City of
Shasta Lake.
SEC. 14. Section 460 of the Streets and Highways Code is amended
to read:
460. (a) Route 160 is from Route 4 near Antioch to the southern
city limits of Sacramento.
(b) From the American River in the City of Sacramento to Route 51.
(c) The relinquished former portion of Route 160 within the City
of Sacramento is not a state highway and is not eligible for adoption
under Section 81.
SEC. 15. Section 464 of the Streets and Highways Code is amended
to read:
464. (a) Route 164 is Rosemead Boulevard from:
(1) Gallatin Road near Pico Rivera to the northern city limit of
Temple City in the vicinity of Callita Street and Sultana Avenue.
(2) The northern city limit of Temple City in the vicinity of
Callita Street and Sultana Avenue to the southern city limit of the
City of Pasadena.
(b) (1) Notwithstanding subdivision (a), the commission may
relinquish to the County of Los Angeles that portion of Route 164
described in paragraph (2) of subdivision (a), pursuant to the terms
of a cooperative agreement between the county and the department,
upon a determination by the commission that the relinquishment is in
the best interests of the state.
(2) A relinquishment under this subdivision shall become effective
immediately following the recordation by the county recorder 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, both of
the following shall apply:
(A) The portion of Route 164 relinquished under this subdivision
shall cease to be a state highway.
(B) The portion of Route 164 relinquished under this subdivision
may not be considered for future adoption under Section 81.
(4) For the portion of Route 164 that is relinquished under this
subdivision, the County of Los Angeles shall maintain within its
jurisdiction signs directing motorists to the continuation of Route
164.
(c) (1) Notwithstanding subdivision (a), the commission may
relinquish to the City of Temple City the portion of Route 164
located within the city limits of that city pursuant to the terms of
a cooperative agreement between the city and the department, upon a
determination by the commission that the relinquishment is in the
best interests of the state.
(2) A relinquishment under this subdivision shall become effective
immediately following the recordation by the county recorder 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, both of
the following shall apply:
(A) The portion of Route 164 relinquished under this subdivision
shall cease to be a state highway.
(B) The portion of Route 164 relinquished under this subdivision
may not be considered for future adoption under Section 81.
(4) For the portion of Route 164 that is relinquished under this
subdivision, the City of Temple City shall maintain within its
jurisdiction signs directing motorists to the continuation of Route
164.
SEC. 16. Section 574 is added to the Streets and Highways Code, to
read:
574. Route 275 is the Tower Bridge from the west side of the
Sacramento River near the City of West Sacramento to the east side of
the Sacramento River near the City of Sacramento.
SEC. 17. Section 231.5 is added to the Vehicle Code, to read:
231.5. A "bicycle path" or "bike path" is a Class I bikeway, as
defined in subdivision (a) of Section 890.4 of the Streets and
Highways Code.
SEC. 18. Section 231.6 is added to the Vehicle Code, to read:
231.6. (a) A "bicycle path crossing" is either of the following:
(1) That portion of a roadway included within the prolongation or
connection of the boundary lines of a bike path at intersections
where the intersecting roadways meet at approximately right angles.
(2) Any portion of a roadway distinctly indicated for bicycle
crossing by lines or other markings on the surface.
(b) Notwithstanding subdivision (a), there shall not be a bicycle
path crossing where local authorities have placed signs indicating no
crossing.
SEC. 19. Section 5004.1 of the Vehicle Code, as amended by Section
1 of Chapter 497 of the Statutes of 2007, is amended to read:
5004.1. (a) (1) An owner of a vehicle that is a 1969 or older
model-year vehicle or the owner of a commercial vehicle or a pickup
truck that is a 1972 or older model-year may, after the requirements
for the registration of the vehicle are complied with and with the
approval of the department, utilize license plates of this state with
the date of year corresponding to the model-year date when the
vehicle was manufactured, if the model-year date license plate is
legible and serviceable, as determined by the department, in lieu of
the license plates otherwise required by this code.
(2) The department may consult with an organization of old car
hobbyists in determining whether the date of year of the license
plate corresponds to the model-year date when the vehicle was
manufactured.
(b) A fee of forty-five dollars ($45) shall be charged for the
application for the use of the special plates.
(c) In addition to the regular renewal fee for the vehicle for
which the plates are authorized, the applicant for a renewal of the
plates shall be charged an additional fee of ten dollars ($10). When
payment of a regular vehicle renewal fee is not required by this
code, the holder of license plates with a date corresponding to the
model-year may retain the plates upon payment of an annual fee of
twenty dollars ($20), that shall be due at the expiration of the
registration year of the vehicle to which the plates were last
assigned under this section.
(d) Whenever a person who is authorized to utilize the special
license plates applies to the department for transfer of the plates
to another vehicle, a transfer fee of twelve dollars
($12) shall be charged in addition to all
other appropriate fees.
SEC. 20. Section 21455.7 of the Vehicle Code is amended to read:
21455.7. (a) At an intersection at which there is an automated
enforcement system in operation, the minimum yellow light change
interval shall be established in accordance with the California
Manual on Uniform Traffic Control Devices.
(b) For purposes of subdivision (a), the minimum yellow light
change intervals relating to designated approach speeds provided in
the California Manual on Uniform Traffic Control Devices are
mandatory minimum yellow light intervals.
(c) A yellow light change interval may exceed the minimum interval
established pursuant to subdivision (a).
SEC. 21. Section 21461 of the Vehicle Code is amended to read:
21461. (a) It is unlawful for a driver of a vehicle to fail to
obey a sign or signal, defined as regulatory in the California Manual
on Uniform Traffic Control Devices, of a regulatory nature erected
or maintained to enhance traffic safety and operations or to indicate
and carry out the provisions of this code or a local traffic
ordinance or resolution adopted pursuant to a local traffic
ordinance, or to fail to obey a device erected or maintained by
lawful authority of a public body or official.
(b) Subdivision (a) does not apply to acts constituting violations
under Chapter 9 (commencing with Section 22500) of this division or
to acts constituting violations of a local traffic ordinance adopted
pursuant to Chapter 9 (commencing with Section 22500).
SEC. 22. Section 21650 of the Vehicle Code is amended to read:
21650. Upon all highways, a vehicle shall be driven upon the
right half of the roadway, except as follows:
(a) When overtaking and passing another vehicle proceeding in the
same direction under the rules governing that movement.
(b) When placing a vehicle in a lawful position for, and when the
vehicle is lawfully making, a left turn.
(c) When the right half of a roadway is closed to traffic under
construction or repair.
(d) Upon a roadway restricted to one-way traffic.
(e) When the roadway is not of sufficient width.
(f) When the vehicle is necessarily traveling so slowly as to
impede the normal movement of traffic, that portion of the highway
adjacent to the right edge of the roadway may be utilized temporarily
when in a condition permitting safe operation.
(g) This section does not prohibit the operation of bicycles on
any shoulder of a highway, on any sidewalk, on any bicycle path
within a highway, or along any crosswalk or bicycle path crossing,
where the operation is not otherwise prohibited by this code or local
ordinance.
SEC. 23. Section 22507.8 of the Vehicle Code is amended to read:
22507.8. (a) It is unlawful for a person to park or leave
standing a vehicle in a stall or space designated for disabled
persons and disabled veterans pursuant to Section 22511.7 or 22511.8
of this code, or Section 14679 of the Government Code, unless the
vehicle displays either a special identification license plate issued
pursuant to Section 5007 or a distinguishing placard issued pursuant
to Section 22511.55 or 22511.59.
(b) It is unlawful for a person to obstruct, block, or otherwise
bar access to those parking stalls or spaces except as provided in
subdivision (a).
(c) It is unlawful for a person to park or leave standing any
vehicle, including a vehicle displaying a special identification
license plate issued pursuant to Section 5007 or a distinguishing
placard issued pursuant to Section 22511.55 or 22511.59, in either of
the following places:
(1) On the lines marking the boundaries of a parking stall or
space designated for disabled persons or disabled veterans.
(2) In an area of the pavement adjacent to a parking stall or
space designated for disabled persons or disabled veterans that is
marked by crosshatched lines and is thereby designated, pursuant to
any local ordinance, for the loading and unloading of vehicles parked
in the stall or space.
(d) Subdivisions (a), (b), and (c) apply to all offstreet parking
facilities owned or operated by the state, and to all offstreet
parking facilities owned or operated by a local authority.
Subdivisions (a), (b), and (c) also apply to any privately owned and
maintained offstreet parking facility.
SEC. 24. Section 22511.7 of the Vehicle Code is amended to read:
22511.7. (a) In addition to Section 22511.8 for offstreet
parking, a local authority may, by ordinance or resolution, designate
onstreet parking spaces for the exclusive use of a vehicle that
displays either a special identification license plate issued
pursuant to Section 5007 or a distinguishing placard issued pursuant
to Section 22511.55 or 22511.59.
(b) (1) Whenever a local authority so designates a parking space,
it shall be indicated by blue paint on the curb or edge of the paved
portion of the street adjacent to the space. In addition, the local
authority shall post immediately adjacent to and visible from the
space a sign consisting of a profile view of a wheelchair with
occupant in white on a blue background.
(2) The sign required pursuant to paragraph (1) shall clearly and
conspicuously state the following: "Minimum Fine $250." This
paragraph applies only to signs for parking spaces constructed on or
after July 1, 2008, and signs that are replaced on or after July 1,
2008.
(3) If the loading and unloading area of the pavement adjacent to
a parking stall or space designated for disabled persons or disabled
veterans is to be marked by a border and hatched lines, the border
shall be painted blue and the hatched lines shall be painted a
suitable contrasting color to the parking space. Blue or white paint
is preferred. In addition, within the border the words "No Parking"
shall be painted in white letters no less than 12 inches high. This
paragraph applies only to parking spaces constructed on or after July
1, 2008, and painting that is done on or after July 1, 2008.
(c) This section does not restrict the privilege granted to
disabled persons and disabled veterans by Section 22511.5.
SEC. 25. Section 22511.8 of the Vehicle Code is amended to read:
22511.8. (a) A local authority, by ordinance or resolution, and a
person in lawful possession of an offstreet parking facility may
designate stalls or spaces in an offstreet parking facility owned or
operated by the local authority or person for the exclusive use of a
vehicle that displays either a special license plate issued pursuant
to Section 5007 or a distinguishing placard issued pursuant to
Section 22511.55 or 22511.59. The designation shall be made by
posting a sign as described in paragraph (1), and by either of the
markings described in paragraph (2) or (3):
(1) (A) By posting immediately adjacent to, and visible from, each
stall or space, a sign consisting of a profile view of a wheelchair
with occupant in white on a blue background.
(B) The sign shall also clearly and conspicuously state the
following: "Minimum Fine $250." This subparagraph applies only to
signs for parking spaces constructed on or after July 1, 2008, and
signs that are replaced on or after July 1, 2008, or as the State
Architect deems necessary when renovations, structural repair,
alterations, and additions occur to existing buildings and facilities
on or after July 1, 2008.
(2) (A) By outlining or painting the stall or space in blue and
outlining on the ground in the stall or space in white or suitable
contrasting color a profile view depicting a wheelchair with
occupant.
(B) The loading and unloading area of the pavement adjacent to a
parking stall or space designated for disabled persons or disabled
veterans shall be marked by a border and hatched lines. The border
shall be painted blue and the hatched lines shall be painted a
suitable contrasting color to the parking space. Blue or white paint
is preferred. In addition, within the border the words "No Parking"
shall be painted in white letters no less than 12 inches high. This
subparagraph applies only to parking spaces constructed on or after
July 1, 2008, and painting that is done on or after July 1, 2008, or
as the State Architect deems necessary when renovations, structural
repair, alterations, and additions occur to existing buildings and
facilities on or after July 1, 2008.
(3) By outlining a profile view of a wheelchair with occupant in
white on a blue background, of the same dimensions as in paragraph
(2). The profile view shall be located so that it is visible to a
traffic enforcement officer when a vehicle is properly parked in the
space.
(b) The Department of General Services under the Division of the
State Architect shall develop pursuant to Section 4450 of the
Government Code, as appropriate, conforming regulations to ensure
compliance with subparagraph (B) of paragraph (1) of subdivision (a)
and subparagraph (B) of paragraph (2) of subdivision (a). Initial
regulations to implement these provisions shall be adopted as
emergency regulations. The adoption of these regulations shall be
considered by the Department of General Services to be an emergency
necessary for the immediate preservation of the public peace, health
and safety, or general welfare.
(c) If posted in accordance with subdivision (e) or (f), the owner
or person in lawful possession of a privately owned or operated
offstreet parking facility, after notifying the police or sheriff's
department, may cause the removal of a vehicle from a stall or space
designated pursuant to subdivision (a) in the facility to the nearest
public garage unless a special license plate issued pursuant to
Section 5007 or distinguishing placard issued pursuant to Section
22511.55 or 22511.59 is displayed on the vehicle.
(d) If posted in accordance with subdivision (e), the local
authority owning or operating an offstreet parking facility, after
notifying the police or sheriff's department, may cause the removal
of a vehicle from a stall or space designated pursuant to subdivision
(a) in the facility to the nearest public garage unless a special
license plate issued pursuant to Section 5007 or a distinguishing
placard issued pursuant to Section 22511.55 or 22511.59 is displayed
on the vehicle.
(e) Except as provided in Section 22511.9, the posting required
for an offstreet parking facility owned or operated either privately
or by a local authority shall consist of a sign not less than 17 by
22 inches in size with lettering not less than one inch in height
which clearly and conspicuously states the following: "Unauthorized
vehicles parked in designated accessible spaces not displaying
distinguishing placards or special license plates issued for persons
with disabilities will be towed away at the owner's expense. Towed
vehicles may be reclaimed at:
________________________________or by telephoning
(Address)
______________________________________________
(Telephone number of local law enforcement
_____________ .''
agency)
The sign shall be posted in either of the following locations:
(1) Immediately adjacent to, and visible from, the stall or space.
(2) In a conspicuous place at each entrance to the offstreet
parking facility.
(f) If the parking facility is privately owned and public parking
is prohibited by the posting of a sign meeting the requirements of
paragraph (1) of subdivision (a) of Section 22658, the requirements
of subdivision (c) may be met by the posting of a sign immediately
adjacent to, and visible from, each stall or space indicating that a
vehicle not meeting the requirements of subdivision (a) will be
removed at the owner's expense and containing the telephone number of
the local traffic law enforcement agency.
(g) This section does not restrict the privilege granted to
disabled persons and disabled veterans by Section 22511.5.
SEC. 26. Section 40203.5 of the Vehicle Code is amended to read:
40203.5. (a) The schedule of parking penalties for parking
violations and late payment penalties shall be established by the
governing body of the jurisdiction where the notice of violation is
issued. To the extent possible, issuing agencies within the same
county shall standardize parking penalties.
(b) Parking penalties under this article shall be collected as
civil penalties.
(c) (1) The penalty for a violation of Section 22507.8 shall be as
follows:
(A) Not less than two hundred fifty dollars ($250) and not more
than five hundred dollars ($500) for the first offense.
(B) Not less than five hundred dollars ($500) and not more than
seven hundred fifty dollars ($750) for the second offense.
(C) Not less than seven hundred fifty dollars ($750) and not more
than one thousand dollars ($1,000) for three or more offenses.
(2) The issuing agency may suspend the imposition of the penalty
in paragraph (1), if the violator, at the time of the offense,
possessed but failed to display a valid special identification
license plate issued pursuant to Section 5007 or a distinguishing
placard issued pursuant to Section 22511.55 or 22511.59.
SEC. 27. Section 6.5 of this bill incorporates
amendments to Section 301 of the Streets and Highways Code proposed
by both this bill and SB 1366. It shall only become operative if (1)
both bills are enacted and become effective on or before January 1,
2009, (2) each bill amends Section 301 of the Streets and Highways
Code, and (3) this bill is enacted after SB 1366, in which case
Section 6 of this bill shall not become operative.