Bill to Protect Off-Highway Vehicle Competitions Signed Into Law

Following over four years of multiple bill attempts, a bill that would save off-highway vehicle (OHV) competitions in California was finally signed into law by Governor Newsom this week.

Senate Bill 708, authored by Senator Brian Jones (R-San Diego), would require the department to issue a special permit to California residents to operate certain off-road motorcycles at sanctioned events, as well as  require the department to establish a fee for this permit. Specifically, the measure will create a new sanctioned event permit program for competition motorcycles to replace the Red Sticker registration program that ended in 2021. The decal is to then be displayed on competition motorcycles when operated at sanctioned events on public lands.

SB 708 is almost identical to the previous three iterations of the bill, also authored by Jones. In August 2020, SB 1024 passed in the Assembly a day before the session ended, but due to a rush of economic and COVID-19 related bills, the bill failed to make it to a deciding Senate vote in time. A year later it was tried again with SB 227, but, once again, the bill had a late start. Just before a critical Assembly Appropriations bill, SB 227 was placed on the suspense file thanks to a crunch of other bills and never came back up again. Finally, in 2022, SB 894 passed both houses but was vetoed by the Governor because of DMV cost concerns.

For SB 708, Jones updated the language to reflect the Governor’s veto and, earlier this year, brought it back for the fourth go-around. He has argued that competition OHVs have long been regulated through the Red Sticker program under the California Air Resources Board (CARB). This program has allowed competition OHVs to operate in the state for the past two decades. However, when the Red Sticker program ended in 2021 with no program to replace it, OHV competitions on public lands were thrown into confusion. Cost concerns were also countered, with DMV costs being minimal, and the funds brought in through many rural and suburban regions that have long-hosted competitions more than making up for any DMV costs.

With the bill proving to hurt the state more economically if it didn’t pass, nearly all opposition was washed away from SB 708.  In the usually divisive Senate, it passed this May 39-0. An Assembly vote last month came out 59-0, albeit with 20 Democrats abstaining. Finally the bill went through the Senate again after special consent was needed, easily passing again 39-0.

However, the final hurdle was also one that had doomed previous bills: Governor Newsom. As Newsom had blocked the bill in the past because of cost concerns, and because of how many this session Newsom has either vetoed or were pulled because he was likely to veto, a list which has included many reparations bills. This led to a surprise this week when Newsom signed SB 708 into law following over 4 years of legislative fighting. While Newsom did not give a reason for the signing, it is thought that the updated bill with lower costs and it being proved as an ultimate money maker through taxes helped ppush the bill over the finish line.

Fantastic news for the off-highway vehicle community – our Senate Bill 708 has finally been signed into law, effectively saving OHV competitions in California.

For the past 5 years, my office worked with stakeholders and government agencies to perfect this program. OHV… pic.twitter.com/1vMuXcEkiz

— Brian W. Jones (@SenBrianJones) September 24, 2024

“I’m thrilled that Governor Newsom signed our bipartisan Senate Bill 708 into law, effectively saving OHV competitions in California,” said Senator Jones on Tuesday. “For the past 5 years, my office worked with stakeholders and government agencies to perfect this program. OHV competitions have an important history in California and our new program will allow the sport to continue to thrive.

“SB 708 establishes a special permit so Californians may operate certain off-road motorcycles at sanctioned events. Specifically, the measure will create a new sanctioned event permit program for competition motorcycles to replace the Red Sticker registration program that ended in 2021. SB 708 will provide a cost-effective, bureaucratically streamlined identification decal that is to be displayed on competition motorcycles when operated at sanctioned events on public lands.

“As an avid motorcycle enthusiast, it was important to me that our competition OHV program balances safety, responsibility, and environmentalism while allowing these competitions to continue to be a strong part of recreational economies across the state. Thank you to the OHV advocates whose years of dedication to fixing this program helped get SB 708 across the finish line. We’ll see you all on the trails!”

Other supporters highlighted how much money would be brought back into local economies as a result.

“A lot of businesses in rural areas nearby tracks are really struggling,” explained Matt Hollander, an ATV racer and instructor in San Bernardino County, to the Globe on Tuesday. “Probably seems odd, but dozens of sports bikers and friends coming in for a day of riding can seriously bring in thousands in one day to a single business, especially for larger gatherings. Yeah, there are some costs for the state, but they are going to get a lot more back from taxes. Everyone kind of wins here.”