Bill to Protect Off-Highway Vehicle Competitions Passes Senate

A bill that would save off-highway vehicle (OHV) competitions in California passed the Senate this week, moving the bill to the Governor’s Desk.

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.

OHV bill goes to the Governor again

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 wee came out 59-0, albeit with 20 Democrats abstaining. Finally the bill went through the Senate again this week after special consent was needed, easily passing again 39-0. On Friday, Jones expressed relief at the bill making it to the Governor again, saying that it was literally years in the making now.

“We are thrilled SB 708 finally passed out of the Legislature and is headed to the governor’s desk for his signature,” said Senator Jones. “We’ve worked hard to perfect this program over the past five years with OHV stakeholders and affected governmental agencies, including State Parks and the Air Resources Board. SB 708 is a true consensus measure that will allow OHV competition riders to continue their sport safely and responsibly while being a strong part of the recreational economies in rural and suburban California.”

All eyes are now on the Governor over the bill. His excuse from his last veto, cost concerns, was almost entirely nulled in this latest OHV competition bill iteration, with bill support from most of his Democratic colleagues now weighing on him.

“Every valid reason to not make this a law is now gone,” explained Matt Hollander, an ATV racer and instructor in San Bernardino County, to the Globe on Friday. “The big thing is that while there are some DMV costs, these competitions bring so much money in. Permits will bring in money to the state, and even more money will go to them from taxes from all the people going to events. You’re seen the California tax rate, right? Competitions bring a lot of spending, especially on food, gas, and rentals. And then there is the added bonus of more spending going to more rural areas of the state, so you help them out too.

“If the Governor decides to reject it again, honestly, by this point he’ll be just doing it out of spite. Everyone wins with the bill.”

Newsom is expected to decide on the bill by the September 30th deadline.