75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
Senate Bill 125
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 Governor Theodore R.
Kulongoski for Department of Transportation)
CHAPTER ................
AN ACT
Relating to student traffic safety education courses; creating
new provisions; amending ORS 336.800, 336.805, 336.810 and
802.110; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 336.805 is amended to read:
336.805. { - (1) Each public school offering a course in
traffic safety education may charge tuition therefor and shall
keep accurate records of the cost thereof in the manner required
under rules adopted by the Department of Transportation under ORS
802.345. As provided in ORS 336.810, each public school shall be
reimbursed $210 per pupil completing the course, including any
private school pupil completing the course in a public
school. - }
{ + (1) The Department of Transportation shall reimburse a
public school or commercial driver training school for the cost
of providing a course of traffic safety education that is
certified by the department. The amount of the reimbursement may
not exceed $210 for each pupil completing the course and shall be
made in the manner provided by ORS 336.810. + }
(2) If funds available to the department { - of
Transportation - } for the Student Driver Training Fund are not
adequate to pay all approved claims in full, public schools
{ + and commercial driver training schools + }shall receive a
pro rata reimbursement { + that is + } based upon the ratio that
the total amount of funds available bears to the total amount of
funds required for maximum allowable reimbursement.
{ - (3) Tuition authorized by subsection (1) of this section
shall not exceed the cost to the public school of providing
traffic safety education less the state reimbursement. Tuition
may be reduced or waived by a public school for low income
pupils. - }
{ - (4) A public school may also offer a traffic safety
education course to pupils in neighboring public schools that do
not offer traffic safety education. - }
{ - (5) Each public school offering a course in traffic
safety education shall adopt written policies and procedures
regarding reduced or waived tuition for low income pupils. - }
Enrolled Senate Bill 125 (SB 125-A) Page 1
{ - (6) Each public school offering a course in traffic
safety education shall adopt written policies and procedures for
the admission of pupils from neighboring public schools. - }
{ + (3) A public school or commercial driver training school
seeking reimbursement under this section may not charge tuition
in an amount that is greater than:
(a) For a public school, the cost to the public school of
providing the traffic safety education course less the state
reimbursement.
(b) For a commercial driving school, an amount determined by
the department by rule.
(4) A public school or commercial driver training school
seeking reimbursement under this section may reduce or waive
tuition for low income pupils. A public school or commercial
driver training school offering reduced or waived tuition to low
income pupils shall adopt written policies and procedures
regarding reduced or waived tuition for low income pupils.
(5) Each public school or commercial driver training school
seeking reimbursement under this section must keep accurate
records of the cost of the traffic safety education course in the
manner required under rules adopted by the department under ORS
802.345. + }
SECTION 2. ORS 336.800 is amended to read:
336.800. (1) Any private school, public school or commercial
driver training school may offer a course in traffic safety
education { + and charge tuition for the course + }. The
curriculum for the traffic safety education course shall be
established by the Department of Transportation under ORS
802.345.
{ + (2) A public school may offer a traffic safety education
course to private school pupils or to pupils in neighboring
public schools that do not offer traffic safety education
courses. A public school offering a traffic safety education
course to private school pupils or to pupils in neighboring
public schools shall adopt written policies and procedures for
the admission of the pupils. + }
{ - (2) - } { + (3) + } A person employed to teach a
traffic safety education course must meet qualifications
established by the department under ORS 802.345.
SECTION 3. { + Section 4 of this 2009 Act is added to and made
a part of ORS 336.790 to 336.815. + }
SECTION 4. { + (1) The Department of Transportation shall
reimburse the Department of Human Services for the cost of
providing a course of traffic safety education that is:
(a) Certified by the Department of Transportation; and
(b) Provided to children in the legal custody of the Department
of Human Services under ORS 419B.337 and in foster homes as
defined by ORS 418.625 (3).
(2) Reimbursement may be provided under this section only upon
a showing that:
(a) The course is used to comply with the requirements for a
provisional driver license issued under ORS 807.065;
(b) The pupil passed the course of traffic safety education;
and
(c) The pupil complies with any other requirements established
by the Department of Human Services by rule.
(3) Reimbursements made under this section must be made in the
manner provided by ORS 336.810. + }
SECTION 5. ORS 336.810 is amended to read:
Enrolled Senate Bill 125 (SB 125-A) Page 2
336.810. (1) There is created the Student Driver Training Fund,
separate and distinct from the General Fund. All payments
required under ORS 336.795 to 336.815 and moneys paid into the
fund under ORS 802.110 and all expenses incurred in the
administration of those sections shall be made to and borne by
the fund. Interest earned by the fund shall be credited to the
fund.
(2) The Department of Transportation shall annually distribute
the funds available in the Student Driver Training Fund in the
manner provided in ORS 336.805 { + and section 4 of this 2009
Act + }.
(3) The department shall make periodic studies to determine the
effectiveness of traffic safety education courses conducted under
authority of ORS 336.790 to 336.815.
SECTION 6. ORS 802.110 is amended to read:
802.110. Any procedures the Department of Transportation
establishes for financial administration of those functions of
the department dealing with driver and motor vehicle services and
for the disposition and payment of moneys it receives from the
provision of driver and motor vehicle services shall comply with
all of the following:
(1) The department shall deposit all moneys it receives related
to driver and motor vehicle services in the Department of
Transportation Driver and Motor Vehicle Suspense Account for
approved expenses and disbursals before payment of general
administrative expenses of the department related to the
provision of driver and motor vehicle services. Notwithstanding
this subsection, the department may return a bank check or money
order when received in incorrect or incomplete form or when not
accompanied by the proper application.
(2) The department shall pay the following approved expenses
and disbursals from the Department of Transportation Driver and
Motor Vehicle Suspense Account before payment of the general
administrative expenses of the department related to driver and
motor vehicle services:
(a) Refunds authorized by any statute administered by the
department when such refunds are approved by the department.
(b) Amounts transferred to the State Treasurer under ORS
319.410 (2) for the purpose of carrying out the state aviation
laws, amounts transferred to the Boating Safety, Law Enforcement
and Facility Account by ORS 319.415, amounts transferred to the
State Aviation Account by ORS 319.417 and amounts transferred to
the Department of Transportation Operating Fund by ORS 184.643.
(c) After deduction of expenses of collection, transfer and
administration, the department shall pay moneys collected from
the Student Driver Training Fund eligibility fee under ORS
807.040, 807.150 and 807.370 to the State Treasurer for deposit
in the Student Driver Training Fund. The moneys deposited in the
Student Driver Training Fund under this paragraph are
continuously appropriated to the department for the following
purposes:
(A) To the extent of not more than 10 percent of the amount
transferred into the Student Driver Training Fund in any
biennium, to pay the expenses of administering ORS 336.795,
336.800, 336.805, 336.810 (2) and 336.815.
(B) The remaining moneys, for reimbursing school districts
{ + and commercial driver training schools + } as provided
under ORS 336.805.
(d) After deduction of expenses of collection, transfer and
administration, the department shall pay moneys collected for the
Enrolled Senate Bill 125 (SB 125-A) Page 3
Motorcycle Safety Subaccount under ORS 807.170 to the State
Treasurer for deposit in the Motorcycle Safety Subaccount of the
Transportation Safety Account. Moneys paid to the State Treasurer
under this paragraph shall be used for the purpose of ORS
802.320.
(e) After deduction of expenses for the administration of the
issuance of customized registration plates under ORS 805.240, the
department shall place moneys received from the sale of
customized registration plates in the Passenger Rail
Transportation Account. The moneys placed in the account are
continuously appropriated to the department and shall be used for
the payment of expenses incurred in administering passenger rail
programs.
(f) After deduction of expenses of collection, transfer and
administration, the department shall pay moneys from any
registration fees established by the governing bodies of counties
or a district, as defined in ORS 801.237, under ORS 801.041 or
801.042 to the appropriate counties or districts. The department
shall make the payments on at least a monthly basis unless
another basis is established by the intergovernmental agreements
required by ORS 801.041 and 801.042 between the department and
the governing bodies of a county or a district.
(g) After deducting the expenses of the department in
collecting and transferring the moneys, the department shall make
disbursals and payments of moneys collected for or dedicated to
any other purpose or fund except the State Highway Fund,
including but not limited to, payments to the Department of
Transportation Operating Fund established by ORS 184.642 (1) and
(2).
(3) The department shall refund from the Department of
Transportation Driver and Motor Vehicle Suspense Account any
excess or erroneous payment to a person who made the payment or
to the person's legal representative when the department
determines that money has been received by it in excess of the
amount legally due and payable or that it has received money in
which it has no legal interest. Refunds payable under this
subsection are continuously appropriated for such purposes in the
manner for payment of refunds under this section. If the
department determines that a refund is due, the department may
refund the amount of excess or erroneous payment without a claim
being filed. Except as provided in ORS 319.290, 319.375, 319.820
and 319.831, any claim for a refund from the department must be
filed within 12 months after the date payment is received by the
department.
(4) After payment of those expenses and disbursals approved for
payment before general administrative expenses related to the
provision of driver and motor vehicle services, the department
shall pay from the Department of Transportation Driver and Motor
Vehicle Services Administrative Account its general
administrative expenses incurred in the administration of any law
related to driver and motor vehicle services that the department
is charged with administering and any other expenses the
department is permitted by law to pay from moneys held by the
department before transfer of the moneys to the State Highway
Fund. The following limitations apply to payments of
administrative expenses under this subsection:
(a) The department shall make payment of the expenses of
administering the issuance of winter recreation parking permits
under ORS 811.595 from those moneys received from issuing the
Enrolled Senate Bill 125 (SB 125-A) Page 4
permits or from moneys received under ORS 153.630 from violation
of the requirement to have the permit.
(b) The department shall pay its expenses for administering the
registration and titling of snowmobiles under ORS 821.060 and
821.100 from the fees collected from administering those
sections. The department shall also pay its expenses for the
administration of the snowmobile driver permit program under ORS
821.160 from the moneys otherwise described in this paragraph.
(c) The department shall pay its expenses for determining the
amount of money to be withheld under ORS 802.120 from the fees
collected for administering the registration and titling of
snowmobiles. The amount used to pay expenses under this paragraph
shall be such sum as necessary but shall not exceed $10,000
during each biennium.
(d) The department shall retain not more than $15,000 in any
biennium for the expenses of collecting and transferring moneys
to the Student Driver Training Fund under this section and for
the administration of ORS 336.810 (3).
(5) Except as otherwise provided in this subsection, the
department shall transfer to the State Highway Fund the moneys
not used for payment of the general administrative expenses or
for approved expenses and disbursals before payment of general
administrative expenses. The following apply to this subsection:
(a) If the Director of Transportation certifies the amount of
principal or interest of highway bonds due on any particular
date, the department may make available for the payment of such
interest or principal any sums that may be necessary to the
extent of moneys on hand available for the State Highway Fund
regardless of the dates otherwise specified under this section.
(b) Notwithstanding paragraph (a) of this subsection the
department shall not make available for purposes described in
paragraph (a) of this subsection any moneys described in ORS
367.605 when there are not sufficient amounts of such moneys in
the State Highway Fund for purposes of bonds issued under ORS
367.615.
(6) Notwithstanding any other provision of this section, the
following moneys shall be transferred to the State Highway Fund
at the times described:
(a) Moneys received under ORS 802.120 and not used for the
payment of administrative expenses of the department shall be
transferred before July 31 of each year.
(b) Moneys received from the registration of snowmobiles that
is not to be used for payment of administrative expenses of the
department shall be transferred within 30 days after the end of
the quarter.
(c) Moneys received from the issuance of winter recreation
parking permits or under ORS 153.630 from violation of the
requirement to have a winter recreation parking permit and that
is not used for payment of administrative expenses of the
department shall be transferred within 30 days after the end of
the quarter.
(7) The following moneys transferred to the State Highway Fund
under this section may be used only for the purposes described as
follows:
(a) Moneys collected from the issuance of winter recreation
parking permits or under ORS 153.630 for violation of the
requirement to have a winter recreation parking permit, and the
interest on such moneys, shall be used to enforce the requirement
for winter recreation parking permits and to remove snow from
winter recreation parking locations designated under ORS 810.170.
Enrolled Senate Bill 125 (SB 125-A) Page 5
Any remaining moneys shall, upon approval by the Winter
Recreation Advisory Committee:
(A) Be used to maintain parking locations developed with moneys
obtained under ORS 810.170 and snowmobile facilities that are
parking lots developed with moneys as provided under this
section;
(B) Be used to develop additional winter recreation parking
locations under ORS 810.170; or
(C) Be carried over to be used in subsequent years for the
purposes and in the manner described in this paragraph.
(b) Moneys received from the registration of snowmobiles or
under ORS 802.120 shall be used for the development and
maintenance of snowmobile facilities, including the acquisition
of land therefor by any means other than the exercise of eminent
domain. Moneys received under ORS 802.120 may also be used for
the enforcement of ORS 811.590, 821.100 to 821.120, 821.140,
821.150, 821.190, 821.210 and 821.240 to 821.290.
(8) The department shall maintain the Revolving Account for
Emergency Cash Advances separate from other moneys described in
this section. From the account, the department may pay for the
taking up of dishonored remittances returned by banks or the
State Treasurer and for emergency cash advances to be
subsequently reimbursed. The account shall be used only as a
revolving fund. The department shall at all times be accountable
for the amount of the account, either in cash or unreimbursed
items and advances. The moneys in the account are continuously
appropriated for the purposes of this subsection. The amount of
the account under this subsection shall not exceed $40,000 from
moneys received by the department in the performance of its
driver and motor vehicle services functions and moneys otherwise
appropriated for purposes of this subsection. The account under
this subsection shall be kept on deposit with the State
Treasurer. The State Treasurer is authorized to honor and pay all
properly signed and indorsed checks or warrants drawn against the
account.
SECTION 7. { + Section 4 of this 2009 Act and the amendments
to ORS 336.800, 336.805, 336.810 and 802.110 by sections 1, 2, 5
and 6 of this 2009 Act apply only to reimbursement for pupils
beginning a course of traffic safety education on or after the
effective date of this 2009 Act. + }
SECTION 8. { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect July 1,
2009. + }
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Enrolled Senate Bill 125 (SB 125-A) Page 6
Passed by Senate February 16, 2009
Repassed by Senate June 2, 2009
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House May 29, 2009
...........................................................
Speaker of House
Enrolled Senate Bill 125 (SB 125-A) Page 7
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled Senate Bill 125 (SB 125-A) Page 8