BILL NUMBER: AB 766	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Krekorian

                        FEBRUARY 26, 2009

   An act to add Section 22358.2 to the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 766, as introduced, Krekorian. Vehicles: speed limits.
   Existing law permits a local authority to decrease or increase a
prima facie speed limit on any street, other than a state highway,
based on an engineering and traffic survey, and for enforcement
purposes requires that survey to be redone after a certain number of
years.
   This bill would allow a local authority retain a prima facie speed
limit on any street, other than a state highway, if the local
authority makes a finding, after a public hearing, that a higher
speed limit is not the most appropriate for the orderly movement of
traffic upon the street and does not promote a safe environment for
the neighborhood or pedestrians.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 22358.2 is added to the Vehicle Code, to read:
   22358.2.  (a) Notwithstanding Section, 40802, a local authority
may retain a prima facie speed limit that is provided by this code or
by local ordinance under subparagraph (A) of paragraph (2) of
subdivision (a) of Section 22352, or established under Section 22354,
22357, 22358, or 22358.3 on any street other than a state highway,
if the local authority makes a finding, after a public hearing, that
a higher speed limit is not the most appropriate for the orderly
movement of traffic upon the street and does not promote a safe
environment for the neighborhood or pedestrians.
   (b) If a local authority makes a finding pursuant to subdivision
(a), the prima facie speed limit does not have to be rejustified by
an engineering and traffic survey as provided in Section 40802.