71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 312
 
                           A-Engrossed
 
                         Senate Bill 85
                 Ordered by the Senate April 18
           Including Senate Amendments dated April 18
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Joint Interim Judiciary
  Committee)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
    { - Requires that school buses and school activity vehicles
be equipped with safety belts. - }
   { +  Requires vehicles used to transport 10 or more students
to or from school or authorized school activities to meet federal
motor vehicle safety construction standards for school buses.
Exempts certain vehicles from standards until January 1, 2007.
  Requires State Board of Education to adopt rules for training
and certification of operators of school activity vehicles
designed to carry 10 or more passengers. Prohibits person from
operating school activity vehicle designed to carry 10 or more
passengers after January 1, 2007, unless person is certified.
  Declares emergency, effective on passage. + }
 
                        A BILL FOR AN ACT
Relating to school vehicles; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Sections 2 and 3 of this 2001 Act are added to
and made a part of ORS chapter 820. + }
  SECTION 2.  { + (1) A motor vehicle must meet federal motor
vehicle safety construction standards for school buses if the
motor vehicle is:
  (a) Designed to carry 10 or more passengers; and
  (b) Used to transport students in kindergarten through grade 12
to or from school or to or from authorized school activities.
  (2) Notwithstanding any other provision of law, the State Board
of Education may not adopt rules that exempt vehicles described
in subsection (1) of this section from the provisions of this
section. + }
  SECTION 3.  { + (1) The State Board of Education shall adopt
rules to establish a program for the training and certification
of persons to operate school activity vehicles that are designed
to carry 10 or more passengers.
  (2) Rules adopted under this section shall include but need not
be limited to rules that:
  (a) Prescribe physical qualifications for operators;
  (b) Establish a random drug testing program;
  (c) Require classroom and behind-the-wheel training;
  (d) Establish requirements for a behind-the-wheel test;
  (e) Establish requirements and procedures for periodic checks
of a person's driving record and for periodic criminal background
checks;
  (f) Establish methods by which a person may apply for a
certificate under this section;
  (g) Establish provisions for renewal of a certificate; and
  (h) Establish provisions for suspension or revocation of a
certificate, including but not limited to provisions regarding a
person's driving record while the person holds a certificate.
  (3) A person may not operate a school activity vehicle
described in this section unless the person is certified to do so
by the board. Training requirements established pursuant to this
section are in addition to any training requirements established
by rule under ORS 820.110.
  (4) The board may adopt a fee to be charged to a person who
applies for a certificate under this section. The fee shall be
set in an amount designed to cover the costs to the board of
establishing and administering the program under this
section. + }
  SECTION 4.  { + (1) A motor vehicle subject to the requirements
of section 2 of this 2001 Act need not be in compliance with
section 2 of this 2001 Act until January 1, 2007, if the motor
vehicle:
  (a) Was manufactured prior to April 1, 1977; and
  (b) Entered into service as a school bus prior to June 2, 1986.
  (2) After January 1, 2007, a person may not operate a school
activity vehicle designed to carry 10 or more passengers unless
the person is certified as provided in section 3 of this 2001
Act. + }
   { +  + }  { +  SECTION 5. + }  { + This 2001 Act being
necessary for the immediate preservation of the public peace,
health and safety, an emergency is declared to exist, and this
2001 Act takes effect on its passage. + }
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