BILL NUMBER: SB 570	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Maldonado

                        FEBRUARY 27, 2009

   An act to amend Section 22352 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 570, as introduced, Maldonado. Prima facie speed limits:
suburban streets.
   Existing law provides that the prima facie speed limit is 15 miles
per hour under certain circumstances and 25 miles per hour under
other specified circumstances. Existing law requires that the prima
facie speed limit be applicable unless changed as authorized in the
Vehicle Code and, if so changed, only when signs have been erected
giving notice of that speed limit. Violation of these provisions is a
crime.
   This bill would additionally establish a 40-mile-per-hour prima
facie speed limit on any street or roadway and on any highway, other
than a state highway, where the residential density consists of 8
residential units or more fronting the street, roadway, or highway
over a distance of 1/4 mile, when posted with a sign giving notice of
that residential density. The bill would permit a different speed
limit to be determined by a local authority under procedures set
forth in the Vehicle Code and would require that the different speed
be indicated on the residential density posting. By creating a new
crime, the bill would impose a state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 22352 of the Vehicle Code is amended to read:
   22352.   (a)    The prima facie
 speed  limits are as follows and shall be applicable unless
changed as authorized in this code and, if so changed, only when
signs have been erected giving notice  thereof  
of that speed limit  : 
   (1) 
    (a)  Fifteen miles per hour: 
   (A) 
    (1)  When traversing a railway grade crossing, if during
the last 100 feet of the approach to the crossing the driver does
not have a clear and unobstructed view of the crossing and of any
traffic on the railway for a distance of 400 feet in both directions
along the railway. This subdivision does not apply in the case of any
railway grade crossing where a human flagman is on duty or a clearly
visible electrical or mechanical railway crossing signal device is
installed but does not then indicate the immediate approach of a
railway train or car. 
   (B) 
    (2)  When traversing any intersection of highways if
during the last 100 feet of the driver's approach to the intersection
the driver does not have a clear and unobstructed view of the
intersection and of any traffic upon all of the highways entering the
intersection for a distance of 100 feet along all those highways,
except at an intersection protected by stop signs or yield
right-of-way signs or controlled by official traffic control signals.

   (C) 
    (3)  On any alley. 
   (2) 
    (b)  Twenty-five miles per hour: 
   (A) 
    (1)  On any highway other than a state highway, in any
business or residence district unless a different speed is determined
by local authority under procedures set forth in this code. 

   (B) 
    (2)  When approaching or passing a school building or
the grounds thereof, contiguous to a highway and posted with a
standard "SCHOOL" warning sign, while children are going to or
leaving the school either during school hours or during the noon
recess period. The prima facie limit shall also apply when
approaching or passing any school grounds which are not separated
from the highway by a fence, gate, or other physical barrier while
the grounds are in use by children and the highway is posted with a
standard "SCHOOL" warning sign. For purposes of this subparagraph,
standard "SCHOOL" warning signs may be placed at any distance up to
500 feet away from school grounds. 
   (C) 
    (3)  When passing a senior center or other facility
primarily used by senior citizens, contiguous to a street other than
a state highway and posted with a standard "SENIOR" warning sign. A
local authority is not required to erect any sign pursuant to this
paragraph until donations from private sources covering those costs
are received and the local agency makes a determination that the
proposed signing should be implemented. A local authority may,
however, utilize any other funds available to it to pay for the
erection of those signs. 
   (c) Forty miles per hour on any street or roadway and on any
highway, other than a state highway, where the residential density
consists of eight residential units or more fronting the street,
roadway, or highway over a distance of one-quarter mile, when posted
with a sign giving notice of that residential density. A different
prima facie speed limit may be established by a local authority under
procedures set forth in this code, in which case the different speed
limit shall be indicated on the residential density posting. 

   (b) This section shall become operative on March 1, 2001.

  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.