BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 1229| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ UNFINISHED BUSINESS Bill No: SB 1229 Author: Denham (R). et al Amended: 5/19/10 Vote: 21 SENATE TRANSPORTATION & HOUSING COMMITTEE : 8-0, 4/20/10 AYES: Lowenthal, Huff, Ashburn, DeSaulnier, Kehoe, Oropeza, Pavley, Simitian NO VOTE RECORDED: Harman SENATE FLOOR : 36-0, 4/26/10 AYES: Aanestad, Alquist, Ashburn, Calderon, Cedillo, Cogdill, Corbett, Correa, Cox, Denham, DeSaulnier, Ducheny, Dutton, Florez, Hancock, Harman, Hollingsworth, Huff, Kehoe, Leno, Liu, Lowenthal, Maldonado, Negrete McLeod, Padilla, Pavley, Price, Romero, Runner, Simitian, Steinberg, Strickland, Wolk, Wright, Wyland, Yee NO VOTE RECORDED: Oropeza, Walters, Wiggins, Vacancy ASSEMBLY FLOOR : 68-1, 6/24/10 - See last page for vote SUBJECT : Implements of husbandry: all-terrain vehicles SOURCE : Author DIGEST : This bill adds all-terrain vehicles to the list of vehicles that state law classifies as implements of husbandry and which may therefore be driven incidentally on public roads. CONTINUED SB 1229 Page 2 Assembly Amendments made a technical change and added co-authors. ANALYSIS : A person may not drive a motor vehicle on any street, road, or highway open to the public (highway) unless the vehicle is registered with the Department of Motor Vehicles (DMV). Existing law prohibits the operator of an off-highway motor vehicle (OHV) from driving the OHV upon any highway, except to cross a highway or when a highway is closed due to snow. OHVs include several types of vehicles not designed or intended for highway use, including dune buggies, certain motor bikes, snowmobiles, and all-terrain vehicles (ATVs). Existing law defines an ATV as a vehicle that is used exclusively off of the highway and that: 1. Was designed to operate off-road. 2. Is 50 inches or less in width. 3. Has an unladen weight of 900 pounds or less. 4. Is suspended on three or more low-pressure, rubber tires. 5. Has one or two seats, including a seat designed for the operator to straddle. 6. Has handlebars for steering. Existing law exempts from registration with DMV an implement of husbandry that is only incidentally operated or moved over a highway. State law further exempts implements of husbandry from various equipment requirements, including requirements to have a windshield, windshield wipers, and specified lighting. In general, the operator of an implement of husbandry need not have a driver's license. Existing law defines an implement of husbandry as a vehicle used exclusively in the conduct of agricultural operations that was not designed primarily to transport persons or CONTINUED SB 1229 Page 3 property upon a highway. Existing law enumerates an illustrative list of implements of husbandry that includes: 1. Any vehicle operated on a highway only for the purpose of transporting agricultural products provided in no event it is operated along a highway for a total distance greater than one mile from the point of origin of the trip. 2. A wagon or portable house on wheels used solely by shepherds as a permanent residence in connection with sheep raising operations moved from one part of the ranch to another or from ranch to ranch that is only incidentally moved on a highway. 3. Any farm tractor, cotton module mover, automatic bale wagon, or portable honey-extracting trailer. This bill adds ATVs used in agricultural operations to the illustrative list of implements of husbandry enumerated in existing law. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 6/24/10) California Farm Bureau Western Growers OPPOSITION : (Verified 6/24/10) Teamesters ARGUMENTS IN SUPPORT : The author's office notes that farmers and ranchers often use ATVs to manage day-to-day operations over many tracts of land in a safe, effective manner. These vehicles are designed specifically for off-road use and make the job much easier. ATVs can easily travel where highway vehicles cannot due to their size and off road capabilities, but public roads sometimes separate agricultural tracts of land that are farmed or ranched as part of a single operation. In the course of farm and CONTINUED SB 1229 Page 4 ranch operations it then becomes necessary to use those roads to access the next property while riding an ATV. ARGUMENTS IN OPPOSITION : The Teamsters oppose this bill, because that union considers the operation of off-highway vehicles on public highways a risk to public safety. ASSEMBLY FLOOR : AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill Berryhill, Blakeslee, Block, Blumenfield, Bradford, Brownley, Buchanan, Caballero, Charles Calderon, Carter, Chesbro, Cook, Coto, Davis, De La Torre, De Leon, DeVore, Evans, Feuer, Fletcher, Fuentes, Furutani, Gaines, Galgiani, Garrick, Gatto, Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries, Knight, Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning, Nestande, Niello, Nielsen, V. Manuel Perez, Portantino, Ruskin, Salas, Saldana, Skinner, Smyth, Solorio, Audra Strickland, Torlakson, Torres, Torrico, Tran, Villines, Yamada, John A. Perez NOES: Swanson NO VOTE RECORDED: Bass, Tom Berryhill, Conway, Eng, Fong, Fuller, Jones, Nava, Norby, Silva, Vacancy JJA:do 6/25/10 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED