BILL NUMBER: AB 2338	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Conway

                        FEBRUARY 19, 2010

   An act to amend Section 38026 of the Vehicle Code, relating to
vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2338, as introduced, Conway. Vehicles: off-highway vehicle
recreation.
    Existing law authorizes a local authority, an agency of the
federal government, or the Director of Parks and Recreation, to
designate a highway, or portion thereof, for the combined use of
regular vehicular traffic and off-highway motor vehicles if certain
requirements are met.
   This bill would make technical, nonsubstantive changes to that
provision.
   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 38026 of the Vehicle Code is amended to read:
   38026.  (a)  (1)    In addition to Section 38025
and after complying with subdivision (c) of this section, if a local
authority, an agency of the federal government, or the Director of
Parks and Recreation finds that a highway, or a portion thereof,
under the jurisdiction of the authority, agency, or the director, as
the case may be, is located in a manner that provides a connecting
link between off-highway motor vehicle trail segments, between an
off-highway motor vehicle recreational use area and necessary service
facilities, or between lodging facilities and an off-highway motor
vehicle recreational facility and if it is found that the highway is
designed and constructed so as to safely permit the use of regular
vehicular traffic and also the driving of off-highway motor vehicles
on that highway, the local authority, by resolution or ordinance,
agency of the federal government, or the Director of Parks and
Recreation, as the case may be, may designate that highway, or a
portion thereof, for combined use and shall prescribe rules and
regulations therefor.  No 
    (2)     A  highway, or portion
thereof, shall  not  be  so  designated
 for combined use under this section  for a distance of more
than three miles.  No 
    (3)     A  freeway shall  not
 be designated under this section.
   (b) The Off-Highway Motor Vehicle Recreation Commission may
propose highway segments for consideration by local authorities, an
agency of the federal government, or the Director of Parks and
Recreation for combined use.
   (c) Prior to designating a highway or portion thereof on the
motion of the local authority, an agency of the federal government,
or the Director of Parks and Recreation, or as a recommendation of
the Off-Highway Motor Vehicle Recreation Commission, a local
authority, an agency of the federal government, or the Director of
Parks and Recreation shall notify the Commissioner of the California
Highway Patrol, and shall not designate any segment pursuant to
subdivision (a)  which   that  , in the
opinion of the commissioner, would create a potential traffic safety
hazard.
   (d)  (1)    A designation of a highway, or a
portion thereof, under subdivision (a) shall become effective upon
the erection of appropriate signs of a type approved by the
Department of Transportation on and along the highway, or portion
thereof. 
   The 
    (2)     The cost of the signs shall be
reimbursed from the Off-Highway Vehicle Trust Fund, when
appropriated by the Legislature, or by expenditure of funds from a
grant or cooperative agreement made pursuant to Section 5090.50 of
the Public Resources Code.