BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Tom Torlakson, Chairman
1228 (Maldonado)
Hearing Date: 4/21/08 Amended: As Introduced
Consultant: Mark McKenzie Policy Vote: T.&H. 8-2
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BILL SUMMARY: SB 1228 would revise the restrictions on the use
of all-terrain vehicles (ATVs) by persons under 16 years of age.
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Fiscal Impact (in thousands)
Major Provisions 2008-09 2009-10 2010-11 Fund
DPR - OHV training costs $188 $375 $375
Special*
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* Off Highway Vehicle Trust Fund
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STAFF COMMENTS: This bill meets the criteria for referral to the
Suspense File.
Existing law prohibits a child under 14 years of age from
operating an ATV on public lands in California unless the child
is accompanied by, and under the direct supervision of, a parent
or guardian, or an adult authorized by the parent or guardian,
and one of the three following conditions is met:
The child has an ATV safety certificate issued by this state
or another state;
The child is taking a safety training course under the direct
supervision of a certified ATV safety instructor; or
The child is under the direct supervision of an adult who has
in his or her possession an appropriate safety certificate
issued by this state or another state.
Existing law also prohibits a parent or guardian or another
adult authorized by the parent or guardian to grant permission
or knowingly allow a child under age 14 to operate an ATV in a
manner that violates the above prohibition.
SB 1228 would prohibit a child under age 16, rather than 14,
from operating an ATV on public lands in California unless the
child is accompanied by and under the direct supervision of a
parent, guardian, or an adult authorized by the parent or
guardian, and would require that the child be in possession of a
specified ATV safety certificate. The bill would also prohibit
a child under age 12 from operating an ATV that is over 70cc,
and prohibit a child from age12 through 15 from operating an ATV
that is over 90cc. Finally, SB 1228 would make it a crime
punishable by a fine for a parent or guardian or another adult
authorized by the parent or guardian to grant permission or
knowingly allow a child under age 16 to operate an ATV in
violation of the revised prohibitions.
Staff notes that the California Department of Parks and
Recreation (DPR) provides training and certification free of
charge to anyone under the age of 18. Adults can receive the
same training for a fee, although most manufacturers include the
training for one person with the purchase of a new vehicle.
Over 10,000 new youth sized ATVs, and an unknown number of used
vehicles are sold each year in California.
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SB 1228 (Maldonado)
This bill would require that all persons under the age of 16
receive ATV Safety Certificate Training before they can ride on
public lands. Under current law, there are no safety training
requirements on persons over 14, and persons under 14 are not
required to have a safety certificate if they are accompanied by
an adult who has received the training. Staff notes that SB
1228 would dramatically increase demand for training and
certification for youth ATV riders, especially in the first few
years following enactment, although exact numbers are not
available. Using DPR's estimated cost of $75 per person to
provide the training, if 5,000 additional young ATV riders
requested the training and certification each year, DPR's costs
would be $375,000.