Bill Text: OR SB193 | 2013 | Regular Session | Enrolled
Bill Title: Relating to school transportation providers.
Spectrum: Unknown
Status: (Passed) 2013-05-24 - Effective date, January 1, 2014. [SB193 Detail]
Download: Oregon-2013-SB193-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
Senate Bill 193
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 John A. Kitzhaber,
M.D., for Department of Education)
CHAPTER ................
AN ACT
Relating to school transportation providers; creating new
provisions; and amending ORS 802.200 and 802.202.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 and 3 of this 2013 Act are added to
and made a part of the Oregon Vehicle Code. + }
SECTION 2. { + (1) As used in this section and section 3 of
this 2013 Act, 'school transportation provider' means a school
district or a school district contractor that uses school buses
or school activity vehicles for:
(a) The transportation of students or school personnel to or
from school or school-related activities; or
(b) Public transportation purposes as provided in ORS 332.427.
(2) Every school transportation provider shall:
(a) Have an in-house drug and alcohol testing program that
meets the federal requirements of 49 C.F.R. part 382; or
(b) Be a member of a consortium, as defined in 49
C.F.R. 382.107, that provides testing that meets the federal
requirements.
(3) Each calendar year, a school transportation provider shall
certify to the Department of Education that the provider is in
compliance with subsection (2) of this section and, if the
provider belongs to a consortium, shall provide the department
with the names of persons who operate the consortium.
(4) When a medical review officer of a school transportation
provider's testing program or of the consortium the provider
belongs to determines that a positive test result is valid, the
officer shall report the finding to the Department of
Transportation and to the Department of Education. + }
SECTION 3. { + (1) When the Department of Transportation
receives a report under section 2 of this 2013 Act, the
department shall notify the person who is the subject of the
report that the person has a right to a hearing to determine
whether the test results reported under section 2 of this 2013
Act will be placed on the person's employment driving record.
(2) The notice shall inform the person of the procedure for
requesting a hearing, including but not limited to the time in
which a hearing must be requested and the manner of making the
request.
Enrolled Senate Bill 193 (SB 193-A) Page 1
(3) A hearing under this section shall be limited to the
following issues:
(a) Whether the person named in the report is the person who
took the test.
(b) Whether the school transportation provider or consortium
has a program that meets the requirements of section 2 of this
2013 Act.
(c) Whether the medical review officer making the report
correctly followed the procedures for testing established by the
school transportation provider or consortium.
(4) If the administrative law judge determines that the person
is the person named in the report, that the school transportation
provider or consortium has a program meeting the requirements of
section 2 of this 2013 Act and that the medical review officer
followed established procedures, the administrative law judge
shall order the positive test result to be entered into the
employment driving record of the person.
(5) The department shall adopt rules specifying requirements
for requesting a hearing under this section.
(6) If a hearing is not requested within the time limit
established by rule, or if the person does not appear at a
hearing, the department shall place the information about the
positive test result on the employment driving record of the
person.
(7) The department may not be held civilly liable for any
damage resulting from placing information about a drug test
result on the employment driving record as required by this
section or for any damage resulting from release of the
information by the department that occurs in the normal course of
business. + }
SECTION 4. ORS 802.200 is amended to read:
802.200. In addition to any other records the Department of
Transportation may establish, the department is subject to the
following provisions concerning records:
(1) The department shall maintain records concerning the
titling of vehicles in this state. The records under this
subsection shall include the following:
(a) For vehicles issued a title by this state, the records
shall identify the vehicle and contain the following:
(A) The name of the vehicle owner and any security interest
holders in order of priority, except that a security interest
holder need not be identified if the debtor who granted the
interest is in the business of selling vehicles and the vehicles
constitute inventory held for sale;
(B) The name of any lessor of the vehicle;
(C) The vehicle description; and
(D) Whether a certificate of title was issued for the vehicle.
(b) If the vehicle is an antique vehicle that is reconstructed,
the records shall indicate that the vehicle is reconstructed.
(c) If the vehicle is a replica, the records shall indicate
that the vehicle is a replica.
(d) Any other information concerning the titling of vehicles
that the department considers convenient or appropriate.
(e) All odometer readings for a vehicle that are reported to
the department under provisions of the vehicle code.
(f) If the vehicle has been reported to the department as a
totaled vehicle under the provisions of ORS 819.012 or 819.014,
the records shall indicate that the vehicle is a totaled vehicle
unless the reason for the report was theft and the vehicle has
been recovered.
Enrolled Senate Bill 193 (SB 193-A) Page 2
(2) If a vehicle that has been registered or titled in another
jurisdiction is registered or titled in this state, the
department shall retain a record of any odometer readings shown
on the title or registration documents submitted to the
department at the time of registration or title.
(3) Except as otherwise provided in ORS 826.003, the department
shall maintain records concerning the registration of vehicles
required to be registered by the department. The records
concerning the registration of vehicles may be stored along with
records concerning the titling of vehicles. The records under
this subsection shall include the following:
(a) For vehicles registered by the department, the records
shall identify the vehicle and contain the following:
(A) The registration plate number assigned by the department to
the vehicle;
(B) The name of the vehicle owner;
(C) The vehicle description and vehicle identification number;
and
(D) An indication that the vehicle is a totaled vehicle if it
has been reported to the department as a totaled vehicle under
the provisions of ORS 819.012 or 819.014, unless the reason for
the report was theft and the vehicle has been recovered.
(b) Any other information concerning the registration of
vehicles that the department considers convenient or appropriate.
(4) The department shall maintain separate records for the
regulation of vehicle dealers. The records required under this
subsection shall include the following information about persons
issued dealer certificates:
(a) The person's application for a vehicle dealer certificate.
(b) An alphabetical index of the name of each person applying
for a vehicle dealer certificate.
(c) A numerical index according to the distinctive number
assigned to each vehicle dealer.
(5) The department shall maintain a file on vehicles for which
the title record is canceled under ORS 819.030. The records
required under this subsection shall disclose the last registered
owner of each vehicle, any security interest holder or holders
and lessors of each vehicle as shown by the canceled title record
for each vehicle and the make and year model for each vehicle.
(6) The department shall maintain a record of each agreement or
declaration under ORS 802.500 and 802.520.
(7) The department shall maintain separate and comprehensive
records of all transactions affecting the Revolving Account for
Emergency Cash Advances described under ORS 802.100.
(8) The department shall maintain suitable records of driver
licenses, driver permits and identification cards. The records
required under this subsection shall include all of the
following:
(a) An index by name and number.
(b) Supporting documentation of all driver licenses, driver
permits or identification cards issued.
(c) Every application for a driver license, driver permit or
identification card.
(d) All driver licenses or driver permits that have been
suspended or revoked.
(e) For each driver license, driver permit or identification
card, the Social Security number of the person to whom the driver
license, driver permit or identification card is issued or proof
that the person is not eligible for a Social Security number.
Enrolled Senate Bill 193 (SB 193-A) Page 3
(f) For each commercial driver license, the Social Security
number of the person to whom the license is issued, or any other
number or identifying information that the Secretary of the
United States Department of Transportation determines appropriate
to identify the person.
(9) The Department of Transportation shall maintain a two-part
driving record consisting of an employment driving record and a
nonemployment driving record for each person as required under
this subsection. All of the following apply to the records
required under this subsection:
(a) The department shall maintain driving records on:
(A) Every person who is granted driving privileges under a
driver license, driver permit or a statutory grant of driving
privileges under ORS 807.020;
(B) Every person whose driving privileges have been suspended,
revoked or canceled under this vehicle code;
(C) Every person who has filed an accident report under ORS
811.725 or 811.730; and
(D) Every person who is required to provide future
responsibility filings under ORS 806.200, 806.220, 806.230 or
806.240.
(b) In addition to other information required by this
paragraph, the employment driving record shall include all
reports of drug test results that are made to the department
under ORS 825.410 { + or section 2 of this 2013 Act + }.
Notwithstanding any other provision of law, release of the
portion of the employment driving record that shows drug test
results reported under ORS 825.410 { + or section 2 of this 2013
Act + } is permitted only in accordance with ORS 802.202. The
employment driving record shall also include all motor vehicle
accidents that the person is required to report under ORS
811.720, all suspensions of driving privileges required to be
placed on the record under ORS 809.280, all suspensions of the
person's commercial driver license that result from operation or
use of a commercial motor vehicle and all convictions of the
person for violation of motor vehicle laws except convictions for
offenses requiring mandatory revocation or suspension of driving
privileges under ORS 809.409, 809.411, 809.413 and 813.400, but
shall include only such accidents, suspensions and convictions
that occur while the person is driving a motor vehicle:
(A) In the course of the person's employment when the person is
employed by another for the principal purpose of driving a motor
vehicle;
(B) Carrying persons or property for compensation;
(C) In the course of the person's employment in the collection,
transportation or delivery of mail if the vehicle is government
owned or marked for the collection, transportation or delivery of
mail in accordance with government rules;
(D) That is an authorized emergency vehicle;
(E) That is a commercial motor vehicle; or
(F) In the course of the person's employment with a federal,
state or local government in a public works project involving
repair or maintenance of water, sewer or road systems.
(c) The nonemployment driving record shall include the
person's:
(A) Motor vehicle accidents that the person is required to
report under ORS 811.720, other than the motor vehicle accidents
that are included on the person's employment driving record;
(B) Suspensions, cancellations and revocations of licenses,
permits and driving privileges;
Enrolled Senate Bill 193 (SB 193-A) Page 4
(C) Convictions for violation of the motor vehicle laws other
than those included in the employment driving record including,
for each violation of ORS 811.100 or 811.111, the speed at which
the person was convicted of traveling and the posted speed, the
speed limit or the speed that constitutes prima facie evidence of
violation of the basic speed rule, as appropriate; and
(D) Diversion agreements entered into under ORS 813.220 within
the preceding 15 years.
(d) The department may record other entries to indicate
correspondence, interviews, participation in driver improvement
programs or other matters concerning the status of the driving
privileges of the person.
(e) When a person from another jurisdiction applies for a
driver license or driver permit issued by this state, the
department shall request a copy of the person's driving record
from the other jurisdiction. At the time the person is issued a
license in Oregon, the record from the other jurisdiction shall
become part of the driver's record in this state with the same
force and effect as though entered on the driver's record in this
state in the original instance. The department by rule may
specify methods for converting entries from out-of-state records
for use in Oregon.
(f) When a suspension of a driver permit, driver license or
other driving privilege is placed on the driving record under ORS
809.280 for failure to appear in court on a traffic crime, the
department shall note on the record that the suspension was for
failure to appear in court and shall also note the offense
charged against the person on which the person failed to appear.
(g) The Department of Transportation, in consultation with the
Department of State Police, shall devise and implement a method
of noting suspensions and revocations of driving privileges on
the record in such a way that police agencies can determine
directly from the record what class of offense, as provided by
law, is committed by a person who drives in violation of the
suspension or revocation. If the Department of Transportation and
the Department of State Police devise a mutually agreeable
alternative method of informing police agencies of the nature of
a suspension or revocation and the consequences of its violation,
the implementation of that method shall satisfy the duty of the
Department of Transportation under this paragraph.
(10) The Department of Transportation shall maintain records of
judgments or convictions sent to the department under ORS
810.375.
(11) The department shall maintain accident reports filed with
the department under ORS 810.460 and 811.725 to 811.735.
(12) The department shall maintain records of bank checks or
money orders returned under ORS 802.110.
(13) The department shall maintain records of trip permits
issued by the department under ORS 803.600, as provided under
this subsection. The records required by this subsection shall
include the following:
(a) A description of the vehicle sufficient to identify the
vehicle.
(b) The person to whom the permit was issued.
(c) When the permit was issued.
(d) The type of permit issued.
(e) For registration weight trip permits, the maximum allowable
registration weight permitted for operation under the permit.
(f) Any other information the department determines appropriate
or convenient.
Enrolled Senate Bill 193 (SB 193-A) Page 5
SECTION 5. ORS 802.202 is amended to read:
802.202. The Department of Transportation shall disclose
information about a drug test result that is made to the
department under ORS 825.410 { + or section 2 of this 2013
Act + } only if the person who requests the information provides
the department with written permission from the person who is the
subject of the report.
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Passed by Senate February 26, 2013
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House May 7, 2013
.............................................................
Tina Kotek, Speaker of House
Enrolled Senate Bill 193 (SB 193-A) Page 6
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 193 (SB 193-A) Page 7
