California AB 382

Existing law establishes a prima facie speed limit of 25 miles per hour when approaching or passing a school building or grounds contiguous to a highway or when the school grounds are not separated from the highway, as specified. Existing law authorizes a local authority, by ordinance or resolution, to reduce the prima facie speed limit based on an engineering and traffic survey, as specified. This bill would, notwithstanding the above provision and until January 1, 2031, authorize a local authority, by ordinance or resolution, to determine and declare a prima facie speed limit of 20 miles per hour in a school zone. The bill would, beginning on January 1, 2031, establish a prima facie speed limit of 20 miles per hour in a school zone, as defined, subject to specified conditions, including, among others, when a school speed limit sign states "children are present" and children are present, as defined, and when a school speed limit sign states specific hours, as specified. By establishing new prima facie speed limits in school zones that would require changes to local speed limit signs, this bill would create a state-mandated local program. Existing law authorizes a local authority, by ordinance or resolution, to modify the prima facie speed limit based on distance from a school if the highways have a maximum of 2 traffic lanes and a maximum posted prima facie speed limit of 30 miles per hour immediately before and after the school zone, as specified. The bill would instead authorize a local authority, by ordinance or resolution, to determine and declare a prima facie speed limit of 15 miles per hour in a residence district on a highway with a posted speed limit of 30 miles per hour or slower in a school zone, or 25 miles per hour when approaching from a school zone at a distance of 500 to 1,000 feet, without the above-mentioned conditions, as specified. The bill would, for purposes of the above provisions, define "school zone" as an area of a highway within 500 feet of school grounds in any direction, unless otherwise posted, marked with appropriate signs giving notice of the area. Existing law defines a "speed trap," under certain circumstances, to mean, among other things, a particular section of a highway or state highway with a prima facie speed limit that is provided by law, as specified, if that prima facie speed limit is not justified by an engineering and traffic survey conducted within a certain specified time period, and enforcement of the speed limit involves the use of radar or another specified electronic device. Existing law exempts application of that definition to a local street, road, or school zone, senior zone, business activity district, or speed limit adopted by a local authority under certain conditions. This bill would change the definition of school zone for purposes of these provisions to conform with the definition of school zone described above. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.