BILL NUMBER: AB 1266 CHAPTERED BILL TEXT CHAPTER 529 FILED WITH SECRETARY OF STATE SEPTEMBER 25, 2012 APPROVED BY GOVERNOR SEPTEMBER 25, 2012 PASSED THE SENATE AUGUST 31, 2012 PASSED THE ASSEMBLY AUGUST 31, 2012 AMENDED IN SENATE AUGUST 29, 2012 AMENDED IN SENATE AUGUST 23, 2012 INTRODUCED BY Assembly Members Nielsen and Cook (Coauthor: Assembly Member V. Manuel Pérez) FEBRUARY 18, 2011 An act to amend Sections 38603 and 38604 of the Vehicle Code, relating to vehicles, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 1266, Nielsen. Vehicles: recreational off-highway vehicles. (1) Existing law, commencing January 1, 2013, establishes rules for the operation of, and requirements for equipment of, an off-highway vehicle, including prohibiting 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. Existing law, commencing January 1, 2013, prohibits a person operating a recreational off-highway vehicle from riding with a passenger, unless the passenger, among other things, have both feet flat on the floorboard. This bill would delay operation of the prohibition that a person operating a recreational off-highway vehicle shall not allow a passenger to occupy a separate seat location not designed and provided by the manufacturer for a passenger until July 1, 2013, and would eliminate the requirement that both of the passengers feet must be flat on the floorboard. (2) This bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 38603 of the Vehicle Code, as added by Section 3 of Chapter 165 of the Statutes of 2012, is amended to read: 38603. (a) A person operating a recreational off-highway vehicle shall not allow a passenger to occupy a separate seat location not designed and provided by the manufacturer for a passenger. (b) This section shall become operative on July 1, 2013. SEC. 2. Section 38604 of the Vehicle Code, as added by Section 3 of Chapter 165 of the Statutes of 2012, is amended to read: 38604. 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. SEC. 3. 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 protect off-highway vehicle operators, passengers, and the public from acts that could lead to harm or death, and in order to avoid unnecessary implementation that could cost the state money and take away resources from other important activities, it is necessary that this act take effect immediately.