75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
SA to A-Eng. SB 578
LC 3194/SB 578-A2
SENATE AMENDMENTS TO
A-ENGROSSED SENATE BILL 578
By JOINT COMMITTEE ON WAYS AND MEANS
June 16
On page 1 of the printed A-engrossed bill, line 2, after the
semicolon insert 'creating new provisions; amending ORS 390.560
and 390.565;'.
Delete lines 4 through 27 and delete page 2 and insert:
' { + SECTION 1. + } ORS 390.560 is amended to read:
' 390.560. Moneys in the All-Terrain Vehicle Account
established under ORS 390.555 shall be used for the following
purposes only:
' (1) In each 12-month period, no less than 10 percent of the
moneys described in ORS 390.555 that are attributable to Class I
all-terrain vehicles shall be transferred to the Department of
Transportation for the development and maintenance of snowmobile
facilities as provided in ORS 802.110;
' (2) Planning, promoting and implementing a statewide
all-terrain vehicle program, including the acquisition,
development and maintenance of all-terrain vehicle recreation
areas;
' (3) Education and safety training for all-terrain vehicle
operators;
' (4) Provision of first aid and police services { - in
all-terrain vehicle recreation areas designated by the
appropriate authority - } { + related to all-terrain vehicle
recreation + };
' (5) Paying the costs of instigating, developing or promoting
new programs for all-terrain vehicle users and of advising people
of possible usage areas for all-terrain vehicles;
' (6) Paying the costs of coordinating between all-terrain
vehicle user groups and the managers of public lands;
' (7) Paying the costs of providing consultation and guidance
to all-terrain vehicle user programs;
' (8) Paying the costs of administration of the all-terrain
vehicle programs, including staff support provided under ORS
390.565 as requested by the All-Terrain Vehicle { - Account
Allocation - } { + Advisory + } Committee; and
' (9) Paying the costs of law enforcement activities related to
the operation of Class I and Class III all-terrain vehicles. The
State Parks and Recreation Department shall determine the amount
required for law enforcement activities and the intervals at
which the moneys shall be distributed. The funds available shall
be apportioned according to the terms of an intergovernmental
agreement entered into between the State Parks and Recreation
Department and a city, the Department of State Police or the
sheriff of a county.
' { + SECTION 2. + } ORS 390.565 is amended to read:
' 390.565. (1) The All-Terrain Vehicle { - Account
Allocation - } { + Advisory + } Committee is established. The
committee shall consist of
{ - seven - } { + eleven + }voting members and
{ - four - } { + one + } nonvoting { - members - } { +
member + } appointed by the State Parks and Recreation Commission
for a term of four years. Members are eligible for reappointment
{ + for a second term + } and vacancies may be filled by the
commission. { + A majority of members constitutes a quorum for
the transaction of business. + } Recommendations under subsection
(4)(a) of this section on allocation of moneys in the All-Terrain
Vehicle Account must receive an affirmative vote from at least
{ - four - } { + six + } of the voting members of the
committee.
' (2) Of the voting members of the committee:
' (a) { - Two - } { + One + } shall be
{ - representatives of - } { + a representative of a + } Class
I all-terrain vehicle user
{ - organizations - } { + organization + }.
' (b) One shall be a representative of a { - four wheel
drive - } { + Class II all-terrain + } vehicle user
organization.
' (c) One shall be a { - representative of a dune buggy user
organization - } { + an all-terrain vehicle dealer + }.
' (d) One shall be an { + at-large + } all-terrain vehicle
user.
' (e) { - Two - } { + One + } shall be
{ - representatives - } { + a representative + } of { + a + }
Class III all-terrain vehicle user { - groups - } { +
organization + }.
' { - (3) Of the nonvoting members of the committee: - }
' { - (a) One shall be a representative of the State Parks and
Recreation Department. - }
' { - (b) - } { + (f) + } One shall be a representative of
the United States Forest Service.
' { - (c) - } { + (g) + } One shall be a representative of
the Bureau of Land Management.
' { - (d) - } { + (h) + } One shall be a representative of
{ - a snowmobile user organization - } { + the Department of
Transportation who is knowledgeable about transportation
safety + }.
' { + (i) One shall be a representative of the State Forestry
Department who is knowledgeable about all-terrain vehicle
recreation areas on state lands.
' (j) One shall be a representative of the Department of Human
Services who is knowledgeable about public health and safety.
' (k) One shall be a representative of a law enforcement
agency.
' (3) One representative from the State Parks and Recreation
Department shall be a nonvoting member of the committee. + }
' (4) The committee shall:
' (a) Advise the State Parks and Recreation Department on the
allocation of moneys in the All-Terrain Vehicle Account
established by ORS 390.555 { - ; - } { + . + }
' { - (b) Recommend, to managers of publicly and privately
owned lands, trails and areas that may not be used by any Class
II all-terrain vehicle that has not been issued an operating
permit under ORS 390.580; and - }
' { - (c) Advise the department on candidates for appointment
to the committee. - }
' { + (b) Review accidents and fatalities resulting from
all-terrain vehicle recreation and make recommendations to the
State Parks and Recreation Commission.
' (c) Review changes to statutory vehicle classifications as
necessary for safety considerations and make recommendations to
the commission.
' (d) Review safety features of all classes of off-highway
vehicles and make recommendations to the commission.
' (e) Recommend appropriate safety requirements to protect
child operators and riders of off-highway vehicles to the
commission.
' (5)(a) A subcommittee shall be established consisting of the
following voting members:
' (A) The representative of a Class I all-terrain vehicle user
organization.
' (B) The representative of a Class II all-terrain vehicle user
organization.
' (C) The representative of a Class III all-terrain vehicle
user organization.
' (D) The at-large all-terrain vehicle user.
' (E) The representative of a law enforcement agency.
' (b) The subcommittee shall review grant proposals and make
recommendations to the commission as to which projects should
receive grant funding.
' (c) Recommendations under this subsection on grant proposals
must receive an affirmative vote from at least three of the
members of the subcommittee. + }
' { - (5) - } { + (6) + } The { + State Parks and
Recreation + } Department shall provide staff support for the
committee and shall provide for expansion of programs for
all-terrain vehicle users.
' { + SECTION 3. + } { + No later than December 1, 2010, the
All-Terrain Vehicle Advisory Committee shall report to the
legislative interim committees on transportation and provide
recommendations on vehicle classifications and other safety
issues related to all-terrain vehicles. + }
' { + SECTION 4. + } { + (1) On January 1, 2010, the term of
office of members of the All-Terrain Vehicle Account Allocation
Committee then holding office shall cease. However, a member
whose term of office has been terminated by this subsection is
eligible for appointment to the All-Terrain Vehicle Advisory
Committee.
' (2) Notwithstanding the term of office specified by ORS
390.565, of the members first appointed to the board:
' (a) Four shall serve for terms ending January 1, 2012.
' (b) Four shall serve for terms ending January 1, 2013.
' (c) Four shall serve for terms ending January 1, 2014. + }
' { + SECTION 5. + } { + Section 3 of this 2009 Act and the
amendments to ORS 390.560 and 390.565 by sections 1 and 2 of this
2009 Act become operative January 1, 2010. + }
' { + SECTION 6. + } { + The State Parks and Recreation
Commission may take any action necessary before January 1, 2010,
to enable the commission to appoint members to the All-Terrain
Vehicle Advisory Committee under ORS 390.565, as amended by
section 2 of this 2009 Act, on or after January 1, 2010. + }
' { + SECTION 7. + } { + 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 on its passage. + } ' .
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