Bill Text: OR SB774 | 2013 | Regular Session | Introduced

---

Bill Title: Relating to responsibilities of persons with control over school-age children; declaring an emergency.

Spectrum: Committee Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [SB774 Detail]

Download: Oregon-2013-SB774-Introduced.html

---

     77th OREGON LEGISLATIVE ASSEMBLY--2013 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 3303

                         Senate Bill 774

Sponsored by COMMITTEE ON RURAL COMMUNITIES AND ECONOMIC
  DEVELOPMENT

                             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 as
introduced.

  Requires person who has control of child attending school to
ensure that child is not under influence of controlled substance
at school, on school property or at school-sponsored activity,
function or event. Punishes by fine of $1,250, 30 days'
imprisonment, or both, if certain conditions are met.
  Increases fine for subsequent failures to send child to and
maintain child in regular attendance at school.
  Declares emergency, effective July 1, 2013.

                        A BILL FOR AN ACT
Relating to responsibilities of persons with control over
  school-age children; creating new provisions; amending ORS
  339.925 and 339.990; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) Every person having control of a child
under 18 years of age who is attending public school is required
to ensure that the child is not under the influence of a
controlled substance at school, on school property or at a
school-sponsored activity, function or event.
  (2) Subsection (1) of this section does not apply if the child
is under the influence of a controlled substance in accordance
with:
  (a) A valid prescription or order of a practitioner given in
the course of professional practice; or
  (b) ORS 475.005 to 475.285 and 475.752 to 475.980 or ORS
475.300 to 475.346.
  (3) If a child is found to be under the influence of a
controlled substance in violation of this section, the district
superintendent shall notify the district attorney of the county
in which the school is located of the violation. + }
  SECTION 2. ORS 339.990 is amended to read:
  339.990.  { + (1) Except as provided by subsections (2) and (3)
of this section,  + }violation of ORS 339.020 or the requirements
of ORS 339.035 is a Class C violation.
   { +  (2) A second, third or fourth violation of ORS 339.020 is
a Class B violation.
  (3) A fifth or subsequent violation of ORS 339.020 is a Class A
violation.
  (4) Violation of section 1 of this 2013 Act is a Class C
misdemeanor if:
  (a) The person intentionally, knowingly or recklessly, as those
terms are defined in ORS 161.085, violated section 1 of this 2013
Act; or
  (b) The child under control of the person was suspended or
expelled two or more times during the school year for being under
the influence of a controlled substance. + }
  SECTION 3. ORS 339.925 is amended to read:
  339.925. (1) In addition to any other persons permitted to
enforce violations, the school district superintendent or
education service district superintendent, or any employee
specifically designated by either superintendent, may issue
citations for violations established under ORS 339.990 in the
manner provided by ORS chapter 153.
  (2) Prior to issuing the citation described in subsection (3)
of this section to the parent or guardian of a student not
regularly attending full-time school, a school district
superintendent or education service district superintendent
shall:
  (a) Provide a parent or guardian of the student and the student
with written notification that:
  (A) States that the student is required to attend regularly a
full-time school;
  (B) Explains that the failure to send the student and maintain
the student in regular attendance   { - is - }   { + may be a
Class A, a Class B or + } a Class C violation;
  (C) States that the superintendent may issue a citation;
  (D) Requires the parent or guardian of the student and the
student to attend a conference with a designated official; and
  (E) Is written in the native language of the parent or guardian
of the student.
  (b) Schedule the conference described in paragraph (a)(D) of
this subsection.
  (3) Notwithstanding ORS 1.525 or any provision of ORS chapter
153, the State Board of Education by rule shall establish the
citation form to be used by superintendents in citing violations
established under ORS 339.990. Notwithstanding ORS 153.045, each
of the parts of the citation shall contain the information
required by the state board.
  SECTION 4.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect July 1,
2013. + }
                         ----------