Bill Text: CA SB234 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Recreational off-highway vehicles.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Passed) 2013-08-27 - Chaptered by Secretary of State. Chapter 179, Statutes of 2013. [SB234 Detail]

Download: California-2013-SB234-Amended.html

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BILL NUMBER: SB 234	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 10, 2013
	AMENDED IN SENATE  APRIL 1, 2013

INTRODUCED BY   Senator Walters
    (   Principal coauthor:   Assembly Member
  Donnelly   ) 
   (Coauthors: Senators Fuller and Hueso)

                        FEBRUARY 12, 2013

   An act to amend Sections 38603 and 38604 of, the Vehicle Code,
relating to recreational off-highway vehicles, and declaring the
urgency thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 234, as amended, Walters. Recreational off-highway vehicles.
   (1)  Existing law establishes rules for the operation of
off-highway vehicles, including specified requirements governing the
operation of recreational off-highway vehicles.  A violation of
these rules and requirements is a crime.  Existing law prohibits
a person who is operating a recreational off-highway vehicle from
allowing a passenger to occupy a separate seat location not designed
and provided by the manufacturer for a passenger.
   This bill would make these provisions applicable only to a
recreational off-highway vehicle with a model year of 2014 or later.
For vehicles with a model year of 2013 or earlier, the bill would
allow seats that are installed in a separate seat location not
designed and provided by the manufacturer for a passenger to be
occupied if the occupant of the seat is fully contained inside of the
vehicle's rollover protection structure at all times while the
vehicle is being operated.  Because a violation of these
provisions would be a crime, this bill would impose a state-mandated
local program. 
   (2) Existing law prohibits a person from operating a recreational
off-highway vehicle from riding with a passenger, unless the
passenger, while seated upright with his or her back against the
seatback, can grasp the occupant handhold with the seatbelt and
shoulder belt or safety harness properly fastened while seated
upright.
   This bill would define occupant handhold for these purposes, and
would require occupant handholds to be designed to allow the
recreational off-highway vehicle passenger to exit the vehicle
without interference from the handholds. Because a violation of these
provisions would be a crime, this bill would impose a state-mandated
local program.
   (3) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   (4) This bill would declare that it is to take effect immediately
as an urgency statute. 
   However, the provisions of the bill would become operative as
specified. 
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 38603 of the Vehicle Code is amended to read:
   38603.  (a) A person operating a recreational off-highway vehicle
with a model year of 2014 or later shall not allow a passenger to
occupy a separate seat location not designed and provided by the
manufacturer for a passenger.
   (b) Seats that are installed in a separate seat location not
designed and provided by the manufacturer for a passenger in vehicles
with model year of 2013 or earlier may be occupied by a passenger if
the occupant of the seat is fully contained inside of the vehicle's
rollover protection structure at all times while the vehicle is being
operated.
  SEC. 2.  Section 38604 of the Vehicle Code is amended to read:
   38604.  (a) A person operating a recreational off-highway vehicle
shall not ride with a passenger, unless the passenger, while seated
upright with his or her back against the seatback, can grasp the
occupant handhold with the seatbelt and shoulder belt or safety
harness properly fastened.
   (b) For purposes of this chapter, "occupant handhold" means any
factory or aftermarket device grasped by an occupant to provide
support and to assist in keeping arms and hands within the
recreational off-highway vehicle. The steering wheel shall be
considered an occupant handhold for the recreational off-highway
vehicle operator.
   (c) Occupant handholds shall be designed to allow the recreational
off-highway vehicle passenger to exit the vehicle without
interference from the handholds.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution. 
  SEC. 4.    This act shall become operative on July
1, 2013. 
   SEC. 5.   SEC. 4.   This act is an
urgency statute necessary for the immediate preservation of the
public peace, health, or safety within the meaning of Article IV of
the Constitution and shall go into immediate effect. The facts
constituting the necessity are:
   In order to allow sufficient time to implement recently enacted
provisions of law regarding recreational off-highway vehicles, it is
necessary that this act take effect immediately.