BILL NUMBER: SB 232	CHAPTERED  09/02/03

	CHAPTER  252
	FILED WITH SECRETARY OF STATE  SEPTEMBER 2, 2003
	APPROVED BY GOVERNOR  SEPTEMBER 1, 2003
	PASSED THE ASSEMBLY  JULY 29, 2003
	PASSED THE SENATE  MAY 22, 2003

INTRODUCED BY   Senator Karnette

                        FEBRUARY 14, 2003

   An act to amend Sections 111 and 38506 of the Vehicle Code,
relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 232, Karnette.  All-terrain vehicles.
   Under existing law, the definition of an all-terrain vehicle
includes among its requirements that the vehicle be designed for
operation off of the highway by an operator with no passengers.
   This bill would expand the definition to include those motor
vehicles designed for operation off of the highway by an operator
with no more than one passenger.
   Existing law prohibits the operator of an all-terrain vehicle from
carrying a passenger when operating on public lands.
   This bill would allow the operator of an all-terrain vehicle, that
is designed for operation off of the highway by an operator with no
more than one passenger, to carry a passenger when operating on
public lands.
   All-terrain vehicles are subject to certain regulatory
requirements, and to the extent this bill would increase the scope of
an existing crime, it 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.


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


  SECTION 1.  Section 111 of the Vehicle Code is amended to read:
   111.  "All-terrain vehicle" means a motor vehicle subject to
subdivision (a) of Section 38010 which is all of the following:
   (a) Designed for operation off of the highway by an operator with
no more than one passenger.
   (b) Fifty inches or less in width.
   (c) Nine hundred pounds or less unladen weight.
   (d) Suspended on three or more low-pressure tires.
   (e) Has a single seat designed to be straddled by the operator, or
a single seat designed to be straddled by the operator and a seat
for no more than one passenger.
   (f) Has handlebars for steering control.
  SEC. 2.  Section 38506 of the Vehicle Code is amended to read:
   38506.  No operator of an all-terrain vehicle  may carry a
passenger when operating on public lands.
   However, the operator of an all-terrain vehicle, that is designed
for operation off of the highway by an operator with no more than one
passenger, may carry a passenger when operating on public lands.
  SEC. 3.  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.