BILL ANALYSIS Ó
AB 707
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Date of Hearing: April 29, 2013
ASSEMBLY COMMITTEE ON TRANSPORTATION
Bonnie Lowenthal, Chair
AB 707 (Ting) - As Amended: May 1, 2013
SUBJECT : Vehicle: pedestrian signage
SUMMARY : Deletes conditions that must be met before a local
authority can be required to post "SENIOR" pedestrian warning
signs. Specifically, this bill:
1)Deletes the condition that a local authority cannot be held
responsible for posting "SENIOR" pedestrian warning signs
unless it has received private funding to cover the costs of
the sign.
2)Permits a local jurisdiction to erect a SENIOR pedestrian
warning sign after making a determination that the proposed
signing should be implemented.
3)Specifies that a local jurisdiction may request grant funding
from the Pedestrian Safety Account to cover the costs of
"SENIOR" pedestrian warning signs.
4)Authorizes local authorities to utilize any other grant funds,
including private donations, to pay for SENIOR pedestrian
warning signs.
5)Makes related, conforming changes.
EXISTING LAW :
1)Specifies a prima facie speed limit of 25 miles per hour (mph)
when passing a senior center or other facility primarily used
by senior citizens that is next to a street other than a state
highway and when standard "SENIOR" pedestrian warning signs
are posted.
2)Provides that a local authority is not required to erect the
standard "SENIOR" pedestrian warning sign until: 1) it
receives donations from a private source to cover the cost of
the signage; and, 2) until the local authority determines the
sign should be erected.
AB 707
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3)Authorizes a local authority to pay for the costs of erecting
the "SENIOR" pedestrian warning sign utilizing other funds.
4)Establishes the Pedestrian Safety Account in the State
Transportation Fund for expenditure by the California
Department of Transportation (Caltrans) for competitive grants
to address pedestrian needs.
FISCAL EFFECT : Unknown
COMMENTS : The author has introduced this bill to improve
pedestrian safety near senior centers and senior facilities.
The need to make improvements is, unfortunately, supported by a
report from the Office of Traffic Safety that indicates
pedestrian fatalities for persons age 65 and older increased 4.6
percent from 2010.
By specifically stating that local authorities are not required
to place signs until two conditions are met (i.e., receipt of
private funds for the signs and a determination that signs
should be implemented), existing law effectively shields local
authorities from tort claims arising from the lack of "SENIOR"
pedestrian warning signs. Consequently, local authorities who
do not place the signs (with or without private funding sources)
remain protected. By removing the condition that local
jurisdictions receive private funding and instead making the use
of private funds one of several funding options available to
local jurisdictions, the bill effectively removes the tort claim
"shield" and increases pressure on local jurisdictions to erect
more SENIOR pedestrian warning signs.
Additionally, this bill also specifically authorizes local
authorities to utilize other grant funds, private funds, and
specifically calls for the use of Pedestrian Safety Account
funds as a potential means of financial relief from resultant
costs. It is important to note, however, that the Pedestrian
Safety Account is not currently in use because it has not been
funded for over a decade.
Increasing the number of "SENIOR" pedestrian warning signs that
are placed will have additional safety implications. Once the
signs are placed, existing law provides that the prima facie
speed limit in areas near senior centers and senior facilities
will be 25 mph. Consequently, the bill will provide two-fold
benefits to pedestrian safety: an increased proliferation of
AB 707
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visual warnings to drivers of nearby senior pedestrian crossings
and potentially lower speeds limits to slow traffic down in
these areas.
Previous legislation : AB 2522 (Shelly) Chapter 833, Statutes of
2000, enacted the Pedestrian Safety Act of 2000 which, among
other things, established the Pedestrian Safety Account in the
State Transportation Fund to be available, upon appropriation,
for allocation by Caltrans to local governmental agencies
approved for grants to undertake pedestrian safety improvement
projects, including projects designed to improve facilities for
pedestrians and bicyclists in areas where need has been
demonstrated by high pedestrian injuries or fatalities.
REGISTERED SUPPORT / OPPOSITION :
Support
California Alliance for Retired Americans (co-sponsor)
California Walks (co-sponsor)
United Seniors of Oakland and Alameda County
Opposition
None on file
Analysis Prepared by : Victoria Alvarez / TRANS. / (916) 319-
2093