BILL NUMBER: SB 632 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Cannella
(Coauthors: Assembly Members Baker and Bonilla)
FEBRUARY 27, 2015
An act to amend Section 22358.4 of the Vehicle Code, relating to
vehicles.
LEGISLATIVE COUNSEL'S DIGEST
SB 632, as introduced, Cannella. Vehicles: prima facie speed
limits: schools.
(1) Existing law establishes a 25 miles per hour prima facie limit
when approaching or passing a school building or the grounds
thereof, contiguous to a highway and posted up to 500 feet away from
the school grounds, 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 also
applies when approaching or passing school grounds that 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. A violation of that
prima facie limit is an infraction.
Existing law additionally allows a city or county to establish in
a residence district, on a highway with a posted speed limit of 30
miles per hour or slower, a 15 miles per hour prima facie limit when
approaching, at a distance of less than 500 feet from, or passing, a
school building or the grounds thereof, contiguous to a highway and
posted with a school warning sign that indicates a speed limit of 15
miles per hour, while children are going to or leaving the school,
either during school hours or during the noon recess period. The
prima facie limit would also apply when approaching, at that same
distance, or passing school grounds that 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 one of those
signs.
Existing law additionally allows a city or county to establish in
a residence district, on a highway with a posted speed limit of 30
miles per hour or slower, a 25 miles per hour prima facie speed limit
when approaching at a distance of 500 to 1,000 feet from a school
building or grounds thereof, contiguous to a highway and posted with
a school warning sign that indicates a speed limit of 25 miles per
hour, while children are going to or leaving the school, either
during school hours or during the noon recess period. The prima facie
limit would also apply when approaching, at that same distance, or
passing school grounds that 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 one of those signs.
This bill would allow a city or county to establish in a residence
district, on a highway with a posted speed limit of 30 miles per
hour or slower, a 15 miles per hour prima facie speed limit when
approaching, at a distance of less than 1,320 feet from, or passing,
a school building or grounds thereof, contiguous of to a highway and
posted with a school warning sign that indicates a speed limit of 15
miles per hour 24 hours a day. This bill would provide that a 25
miles per hour prima facie limit in a residence district, on a
highway, with a posted speed limit of 30 miles per hour or slower,
applies, as to those local authorities, when approaching, at a
distance of 500 to 1,320 feet from a school building or grounds
thereof. This bill would also authorize a local authority, on the
basis of an engineering and traffic survey, to extend the maximum
distance to establish a prima facie speed limit and school warning
signs, as specified. This bill would also allow the 15 miles per hour
or 25 miles per hour prima facie speed limit to apply 24 hours a
day.
By authorizing a change in the prima facie limits, the bill would
expand the scope of an existing crime, thereby imposing a
state-mandated local program.
(2) 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 22358.4 of the Vehicle Code is amended to read:
22358.4. (a) (1) Whenever If a
local authority determines upon the basis of an engineering and
traffic survey that the prima facie speed limit of 25 miles per hour
established by paragraph (2) of subdivision (a) of Section 22352 is
more than is reasonable or safe, the local authority may, by
ordinance or resolution, determine and declare a prima facie speed
limit of 20 or 15 miles per hour, whichever is justified as the
appropriate speed limit by that survey.
(2) An ordinance or resolution adopted under paragraph (1) shall
not be effective until appropriate signs giving notice of the speed
limit are erected upon the highway and, in the case of a state
highway, until the ordinance is approved by the Department of
Transportation and the appropriate signs are erected upon the
highway.
(b) (1) Notwithstanding subdivision (a) or any other provision of
law, a local authority may, by ordinance or resolution, determine and
declare prima facie speed limits as follows:
(A) A 15 miles per hour prima facie limit in a residence district,
on a highway with a posted speed limit of 30 miles per hour or
slower, when approaching, at a distance of less than 500
1,320 feet from, or passing, a school building
or the grounds of a school building, contiguous to a highway and
posted with a school warning sign that indicates a speed limit of 15
miles per hour, while children are going to or leaving the
school, either during school hours or during the noon recess period.
hour. The prima facie limit shall also apply when
approaching, at a distance of less than 500 feet from, or passing,
school grounds that 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 school
warning sign that indicates a speed limit of 15 miles per hour.
(B) A 25 miles per hour prima facie limit in a residence district,
on a highway with a posted speed limit of 30 miles per hour or
slower, when approaching, at a distance of 500 to 1,000
1,320 feet from, a school building or the
grounds thereof, contiguous to a highway and posted with a school
warning sign that indicates a speed limit of 25 miles per
hour, while children are going to or leaving the school, either
during school hours or during the noon recess period.
hour. The prima facie limit shall also apply when approaching,
at a distance of 500 to 1,000 1,320
feet from, school grounds that 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
school warning sign that indicates a speed limit of 25 miles per
hour.
(2) The prima facie limits established under paragraph (1) apply
only to highways that meet all of the following conditions:
(A) A maximum of two traffic lanes.
(B) A maximum posted 30 miles per hour prima facie speed limit
immediately prior to and after the school zone.
(3) The prima facie limits established under paragraph (1) apply
to all lanes of an affected highway, in both directions of travel.
(4) When determining the need to lower the prima facie speed
limit, the local authority shall take the provisions of Section 627
into consideration.
(5) (A) An ordinance or resolution adopted under paragraph (1)
shall not be effective until appropriate signs giving notice of the
speed limit are erected upon the highway and, in the case of a state
highway, until the ordinance is approved by the Department of
Transportation and the appropriate signs are erected upon the
highway.
(B) For purposes of subparagraph (A) of paragraph (1), school
warning signs indicating a speed limit of 15 miles per hour may be
placed at a distance up to 500 1,320
feet away from school grounds.
(C) For purposes of subparagraph (B) of paragraph (1), school
warning signs indicating a speed limit of 25 miles per hour may be
placed at any distance between 500 and 1,000
1,320 feet away from the school grounds.
(D) A local authority shall reimburse the Department of
Transportation for all costs incurred by the department under this
subdivision.
(E) Notwithstanding the maximum distance established in this
section, a local authority may, upon the basis of an engineering and
travel survey documenting school attendance boundaries or travel
patterns to and from a school, or both, extend the maximum distance
to establish a prima facie speed limit and school warnings signs, as
defined in this section, to a distance or specific locations, or
both, consistent with the findings of the travel survey.
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.