BILL NUMBER: AB 2111	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 12, 2012

INTRODUCED BY   Assembly Member Campos

                        FEBRUARY 23, 2012

    An act to amend Section 14025 of the Corporations Code,
relating to small business financial development corporations.
  An act to amend Sections 36005 and 36105 of, and to
add Sections 531 and 553 to, the Vehicle Code, relating to vehicles.




	LEGISLATIVE COUNSEL'S DIGEST


   AB 2111, as amended, Campos.  Small business financial
development corporations.   Vehicle registration:
exemption   s.  
   Existing law lists specified implements of husbandry that are
exempt from vehicle registration requirements, including, but not
limited to, an all-terrain vehicle used in agricultural operations.
Existing law also exempts a trailer or semitrailer owned and used
exclusively by a farmer to haul specified items used exclusively for
the production or harvesting of agricultural products from vehicle
registration requirements.  
   This bill would add a rough-terrain vehicle, which the bill would
define, used in agricultural operations to the list of implements of
husbandry that are exempt from vehicle registration requirements. The
bill also would add a shade trailer, which the bill would define, to
this list of items that the exempt trailer or semitrailer described
above is permitted to haul.  
   Existing law, the California Small Business Financial Development
Corporation Law, creates the California Small Business Board and the
California Small Business Expansion Fund. Existing law authorizes the
formation of small business financial development corporations to
grant loans from, or guarantee loans made by a financial institution
or financial company against, moneys awarded to the corporation from
the expansion fund for the purpose of stimulating small business
development. Existing law authorizes or requires the director
designated by the Secretary of Business, Transportation and Housing
to perform specified duties.  
   This bill would require the director to cause the names of the
financial institutions and financial companies making direct loans
under the program to be posted on the agency's Internet Web site.

   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

   SECTION 1.    Section 531 is added to the  
Vehicle Code   , to read:  
   531.  "Rough-terrain vehicle" means a motor vehicle subject to
subdivision (a) of Section 38010 that is all of the following:
   (a) Designed for operation off of the highway.
   (b) Suspended on four or more tires.
   (c) Has a steering wheel for steering control. 
   SEC. 2.    Section 553 is added to the  
Vehicle Code   , to read:  
   553.  "Shade trailer" means a device designed and utilized to
provide shade pursuant to Section 3395 of Title 8 of the California
Code of Regulations. 
   SEC. 3.    Section 36005 of the   Vehicle
Code   is amended to read: 
   36005.  An implement of husbandry includes, but is not limited to,
all of the following:
   (a) A lift carrier or other vehicle designed and used exclusively
for the lifting and carrying of implements of husbandry or tools used
exclusively for the production or harvesting of agricultural
products, when operated or moved upon a highway.
   (b) A trailer of the tip-bed type when used exclusively in the
transportation of other implements of husbandry or tools used
exclusively for the production or harvesting of agricultural
products.
   (c) A trailer or semitrailer having no bed, and designed and used
solely for transporting a hay loader or swather.
   (d) A spray or fertilizer applicator rig used exclusively for
spraying or fertilizing in the conduct of agricultural operations.
This subdivision does not apply to anhydrous ammonia fertilizer
applicator rigs which have a transportation capacity in excess of 500
gallons.
   (e) (1) A trailer or semitrailer that has a maximum transportation
capacity in excess of 500 gallons, but not more than 1,000 gallons,
used exclusively for the transportation and application of anhydrous
ammonia, if the vehicle is either equipped with operating brakes or
is towed upon a highway by a motortruck that is assigned a
manufacturer's gross vehicle weight rating of 3/4 ton or more.
   (2) These vehicles are subject to Section 24603 if the stoplamps
of the towing vehicle are not clearly visible.
   (3) For purposes of this subdivision, a combination of vehicles is
limited to two vehicles in tandem.
   (f) A nurse rig or equipment auxiliary to the use of and designed
or modified for the fueling, repairing, or loading of an applicator
rig or an airplane used for the dusting, spraying, fertilizing, or
seeding of crops.
   (g) A row duster.
   (h) A wagon or van used exclusively for carrying products of
farming from one part of a farm to another part thereof, or from one
farm to another farm, and used solely for agricultural purposes,
including any van used in harvesting alfalfa or cotton, which is only
incidentally operated or moved on a highway as a trailer.
   (i) A wagon or portable house on wheels used solely by shepherds
as a permanent residence in connection with sheep raising operations
and moved from one part of a ranch to another part thereof or from
one ranch to another ranch, which is only incidentally operated or
moved on a highway as a trailer.
   (j) Notwithstanding subdivision (f) of Section 36101, a trap
wagon, as defined in Section 36016, moved from one part of a ranch to
another part of the same ranch or from one ranch to another, which
is only operated or moved on a highway incidental to agricultural
operations. The fuel tank or tanks of the trap wagon shall not exceed
1,000 gallons total capacity.
   (k) Any vehicle that is operated upon a highway only for the
purpose of transporting agricultural products and is in no event
operated along a highway for a total distance greater than one mile
from the point of origin of the trip.
   (  l  ) A portable honey-extracting trailer or
semitrailer.
   (m) A fertilizer nurse tank or trailer that is not self-propelled
and which is moved unladen on the highway and auxiliary to the use of
a spray or fertilizer applicator rig.
   (n) Any cotton trailer when used on the highways for the exclusive
purpose of transporting cotton from a farm to a cotton gin, and
returning the empty trailer to such farm, except that Section 5014
shall apply to such trailers.
   (o) A truck tractor or truck tractor and semitrailer combination
specified in this subdivision which is owned by a farmer and operated
on the highways, (1) only incidental to a farming operation, (2) not
for compensation, and (3) for a distance of not more than two miles
(on the highway) each way. This subdivision applies only to truck
tractors with a manufacturer's gross vehicle weight rating over
10,000 pounds that are equipped with all-wheel drive and off-highway
traction tires on all wheels, and only to semitrailers used in
combination with such a truck tractor and exclusively in production
or harvesting of tomatoes. The vehicles specified in this subdivision
shall not be operated in excess of 25 miles per hour on the
highways.
   (p) An all-terrain  or rough-terrain  vehicle used in
agricultural operations.
   SEC. 4.    Section 36105 of the   Vehicle
Code   is amended to read: 
   36105.  A trailer or semitrailer owned and used exclusively by a
farmer to haul his  or her  own implements of husbandry,
 or a  portable sanitary facility,  shade
trailer,  or tools used exclusively for the production or
harvesting of agricultural products is exempt from registration.

  SECTION 1.    Section 14025 of the Corporations
Code is amended to read:
   14025.  The director shall do all of the following:
   (a) Administer this part.
   (b) In accordance with program resources, stimulate the formation
of corporations and the use of branch offices for the purposes of
making this program accessible to all areas of the state.
   (c) Expeditiously approve or disapprove the articles of
incorporation and any subsequent amendments to the articles of
incorporation of a corporation.
   (d) Require each corporation to submit an annual written plan of
operation.
   (e) Review reports from the Department of Financial Institutions
and inform corporations as to what corrective action is required.
   (f) Examine, or cause to be examined, at any reasonable time, all
books, records, and documents of every kind, and the physical
properties of a corporation. The inspection shall include the right
to make copies, extracts, and search records.
   (g) Cause the names of the financial institutions and financial
companies making direct loans under the program to be posted on the
agency's Internet Web site.