BILL ANALYSIS SB 1229 Page 1 Date of Hearing: June 14, 2010 ASSEMBLY COMMITTEE ON TRANSPORTATION Bonnie Lowenthal, Chair SB 1229 (Denham) - As Amended: May 19, 2010 SENATE VOTE : 36-0 SUBJECT : Implements of husbandry: all-terrain vehicles SUMMARY : Adds all-terrain vehicles (ATVs) to the illustrative list that describes implements of husbandry. EXISTING LAW : 1)Defines "implement of husbandry" as a vehicle that is used exclusively for agricultural operations and lists examples of such vehicles, including: a) A cotton trailer when used on highways for the exclusive purpose of transporting cotton from a farm to a cotton gin; b) A wagon or van used exclusively for carrying farming products from one part of a farm to another farm; and, c) Any vehicle operated on a highway only for purposes of transporting agricultural products and for a distance that does not exceed one mile. 2)Generally provides that a vehicle designed primarily for transporting persons or property on a highway is not an implement of husbandry. 3)Exempts implements of husbandry from vehicle registration requirements. 4)Exempts a person driving or operating an implement of husbandry from driver's license requirements, with some exceptions. FISCAL EFFECT : Unknown COMMENTS : Existing law specifically cites over one dozen different vehicle types in a non-inclusive list of examples of implements of husbandry. An ATV, used for agricultural purposes SB 1229 Page 2 and operated only incidentally on a highway, is not inconsistent with other types of vehicles on the list. Although the list is not intended to be exhaustive, there is some concern that an ATV may not consistently be considered by law enforcement to fall within the definition of an implement of husbandry. This bill would remove any ambiguity. According to the author, ATVs are often used by farmers and ranchers to manage day-to-day operations over many tracts of land. Many tracts of land are separated by public roads and, in the course of farm and ranch operations it is often necessary to use these roads to access the next property using an ATV. The California Farm Bureau (CFB) contends that ATVs are an efficient and economical substitute for pick-up trucks, horses, tractors, and even walking in many farming and ranching operations. CFB asserts that ATVs are used increasingly to, for instance, inspect crops and livestock, inspect and repair irrigation systems and fence lines, supervise field crews, herd livestock, mark timber, seed, fertilize, mow, move dirt, and transport supplied and equipment. Writing in opposition to this bill, the Teamsters argue that the bill would allow agricultural vehicles to operate on public highways and, thus, risk public safety. REGISTERED SUPPORT / OPPOSITION : Support California Cattlemen's Association California Farm Bureau Federation Taddei Vineyards Western Growers Numerous individuals Opposition Teamsters Analysis Prepared by : Janet Dawson / TRANS. / (916) 319-2093