BILL ANALYSIS Ó
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 2111|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: AB 2111
Author: Campos (D)
Amended: 5/3/12 in Assembly
Vote: 21
SENATE TRANSPORTATION & HOUSING COMMITTEE : 9-0, 6/19/12
AYES: DeSaulnier, Gaines, Harman, Kehoe, Lowenthal,
Pavley, Rubio, Simitian, Wyland
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 73-0, 5/10/12 (Consent) - See last page
for vote
SUBJECT : Implements of husbandry
SOURCE : California Farm Bureau
DIGEST : This bill adds utility terrain vehicles (UTVs)
and farm shade trailers to the list of vehicles exempt from
registration when used exclusively in off-road,
agricultural operations.
ANALYSIS : A person may not drive a motor vehicle on any
street, road, or highway open to the public (highway)
unless the owner registers the vehicle 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
CONTINUED
AB 2111
Page
2
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 implement of husbandry" as a
vehicle used exclusively in the conduct of agricultural
operations that was not designed primarily to transport
persons or 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.
4. ATVs used in agricultural operations.
Existing law exempts from registration with DMV an
implement of husbandry that is only incidentally operated
or moved over a highway and exempts from registration a
trailer owned and used exclusively by a farmer to haul his
own implement of husbandry, a portable sanitary facility,
or tools used exclusively to produce or harvest
agricultural products.
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.
This bill:
CONTINUED
AB 2111
Page
3
1. Defines a "shade trailer" as a device designed and used
to provide shade in order to comply with California
workplace safety orders requiring shade for outdoor
workers when the temperature exceeds 85 degrees.
2. Adds shade trailers to the list of those items a farmer
may haul on a trailer exempt from vehicle registration.
3. Defines a "utility terrain vehicle" as a vehicle that is
used exclusively off of the highway and that:
was designed to operate off-road;
is suspended on four tires;
has a steering wheel for steering control; and
has one seat to accommodate a driver and one
passenger sitting side by side.
4. Adds UTVs used exclusively in agricultural operations to
the illustrative list of implements of husbandry
enumerated in existing law.
Comments
ATVs vs. UTVs . ATVs are off-road vehicles with handle bars
and a seat that the operator straddles, as opposed to UTVs
which are more like a small pickup with a steering wheel
and a bench seat. ATVs are generally smaller than UTVs,
and both are used in agricultural operations. The UTV is
more typically used for hauling tools or other materials on
a farm or ranch while ATVs are used to herd stock or travel
around the farm or ranch.
Purpose . Proponents note that the UTV is a popular vehicle
used for smaller jobs around the farm and ranch because
they are inexpensive, fuel efficient, and more easily
maneuvered in areas too small for a pickup. The UTV is
equipped with a steering wheel, side-by-side seating, and a
small enclosed bed convenient for carrying tools and small
equipment. The UTV has also become more widely used due to
its stability and increased safety for the driver. Many
models are equipped with roll-over safety structures. This
CONTINUED
AB 2111
Page
4
bill ensures that UTVs qualify as implements of husbandry
under the Vehicle Code.
The shade trailer is used on the farm to provide a shaded
rest area for employees while working in the field.
Farmers already use trailers designated as implements of
husbandry to haul portable sanitation facilities between
fields to meet California labor standards related to field
sanitation. This bill clarifies that trailers deployed as
shade structures to comply with California's heat illness
prevention standard would also be designated as implements
of husbandry.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 7/2/12)
California Farm Bureau (source)
California Cattlemen's Association
California Women in Agriculture
Western Growers
ASSEMBLY FLOOR : 73-0, 5/10/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Davis, Dickinson,
Donnelly, Eng, Feuer, Fong, Fuentes, Beth Gaines,
Galgiani, Garrick, Gatto, Gordon, Gorell, Grove, Hagman,
Halderman, Hall, Harkey, Hayashi, Roger Hernández, Hill,
Huber, Hueso, Huffman, Jones, Knight, Lara, Logue, Bonnie
Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell,
Monning, Morrell, Nestande, Nielsen, Pan, Perea,
Portantino, Silva, Skinner, Smyth, Solorio, Swanson,
Torres, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. Pérez
NO VOTE RECORDED: Cook, Fletcher, Furutani, Jeffries,
Norby, Olsen, V. Manuel Pérez
JJA:k 7/2/12 Senate Floor Analyses
CONTINUED
AB 2111
Page
5
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED