Honolulu, Hawaii



RE:    S.B. No. 2726

       S.D. 2




Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii




     Your Committee on Judiciary and Labor, to which was referred S.B. No. 2726, S.D. 1, entitled:




begs leave to report as follows:


     The purpose and intent of this measure is to:


     (1)  Require an all-terrain vehicle (ATV) or utility-terrain vehicle (UTV) to be operated if:


          (A)  The ATV or UTV is used as farm equipment;


          (B)  The ATV or UTV is operated on a street in conjunction with use as farm equipment;


          (C)  The operator holds a current category (3) license or a commercial driver's license; and


          (D)  The operator and passengers wear safety helmets secured with a chin strap;


     (2)  Add definitions of "all-terrain vehicle", "farm equipment", and "utility-terrain vehicle"; and


     (3)  Establish a fine of $250 for a violation.


     Your Committee received testimony in support of this measure from the Hawaii Farm Bureau, Maui County Farm Bureau, and Hawaii Cattlemen's Council, Inc.  Your Committee received testimony in opposition to this measure from the Department of Transportation; Police Department, City and County of Honolulu; and Police Department, County of Maui.


     Your Committee finds that ATVs and UTVs are important vehicles for farmers and ranchers to traverse through rough terrain.  Since farms and ranches are often separated by sections of public roadways, this measure allows ATVs and UTVs to be operated as farm equipment on streets while establishing operating guidelines to ensure safety.


     Your Committee has amended this measure by:


     (1)  Adopting language suggested by the Hawaii Cattlemen's Council to add that the ATV or UTV shall be:


          (A)  Driven on streets that are no more than two lanes with posted speed limits of no more than thirty-five miles per hour;


          (B)  Used to travel between properties zoned for agriculture;


          (C)  Used in counties with populations of less than five hundred thousand residents; and


          (D)  Driven on streets during daylight hours;


     (2)  Allowing, rather than requiring, for the operation of an ATV and UTV as farm equipment on a street; and


     (3)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.


     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2726, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2726, S.D. 2.


Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,