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