The "Interstate
Compact for School Bus Safety" is hereby enacted into law and
entered into with all other jurisdictions legally joining therein
in the form substantially as follows:
INTERSTATE COMPACT FOR
SCHOOL BUS SAFETY
ARTICLE I
FINDINGS AND PURPOSES
(a) The party states find that:
(1) School transportation is an integral part of our education
systems. The increasing volume of traffic on streets and highways,
with larger numbers of school children being transported each year,
presents a serious problem in safety that requires regulation and
control.
(2) During recent years the various states have each developed
their own rules, regulations and standards which govern the
operation of school buses in the individual states, thus creating
vast differences in construction standards and operational
procedures.
(3) Standardization by means of interstate cooperation,
exchange of information, and the promulgation of uniform practices
among the states can do much to mitigate present hazards and at the
same time generate cost reductions and improved service.
(b) The purposes of this compact are to:
(1) Promote uniformity in regulation of and standards for
school bus equipment.
(2) Secure uniformity of law and administrative practices in
school bus vehicle regulation and related safety standards,
incorporating desirable equipment changes in the interest of
greater school bus safety.
(3) Establish a means whereby the states party to this compact
shall jointly agree on certain school bus minimum standards and
procedures including, without limitation by the enumeration, the
following:
(i) Items which affect the motorist, such as use of lights,
signs, and signaling devices that control traffic;
(ii) Procedural activities of school bus drivers in
controlling traffic; and in the loading and unloading of buses;
(iii) Construction and other specifications which can lead to
lower initial costs and the interchangeability of school buses
among states;
(iv) A framework within which the party states may develop
uniform driver training programs; and
(v) Development of accurate and uniform accident statistical
reporting among the party states.
(4) Encourage and utilize research which will facilitate
achievement of the foregoing purposes, with due regard for the
findings set forth in subsection (a) of this Article.
(5) It is recognized that there are inherent differences in
transportation needs in each of the party states. It shall not be
the purpose of this compact to abridge, impair or adversely affect
the jurisdiction or authority of the individual states to regulate
and control their own school transportation systems.
(6) Investigate the safety and economic advantage of children
being transported.
ARTICLE II
DEFINITIONS
(a) "State" means a state, territory or possession of the
United States, the District of Columbia, the Commonwealth of Puerto
Rico, and any other special commonwealth as may be established by
the Government of the United States.
(b) "School bus" shall have the same meaning as provided in
RCW 46.04.521.
(c) "Equipment" means the equipment required for school buses
under chapter 46.37 RCW.
ARTICLE III
THE COMMISSION
(a) There is hereby created an agency of the party states to
be known as the "Western States School Bus Safety Commission"
(hereinafter called the Commission). The Commission shall consist
of not less than one nor more than three commissioners from each
State, each of whom shall be a citizen of the State from which he
is appointed, and not less than one or nor more than three
commissioners representing the United States Government. The
commissioners from each State shall be chosen in the manner and for
the terms provided by the laws of the States from which they shall
be appointed, provided that at least one member shall be appointed
from the State agency which has primary responsibility for pupil
transportation in that State. Any commissioner may be removed or
suspended from office as provided by the law of the State from
which he shall be appointed. The commissioners representing the
United States shall be appointed by the President of the United
States, or in such other manner as may be provided by Congress. The commissioners shall serve without compensation, but shall be
paid their actual expenses incurred in and incidental to the
performance of their duties; but nothing herein shall prevent the
appointment of an officer or employee of any State or of the United
States Government.
(b) Each state delegation shall be entitled to one vote, and
the presence of commissioners from a majority of the party states
shall constitute a quorum for the transaction of business at any
meeting of the Commission. A majority vote of the quorum will be
required to adopt any measure before the Commission. The
commissioners representing the United States Government shall act
in an advisory capacity and shall not have voting powers.
(c) The Commission shall have a seal.
(d) The Commission shall elect annually, from among its
members, a chairman, a vice chairman, and a treasurer. The
Commission shall appoint an Executive Director who shall serve at
its pleasure and who shall also act as Secretary, and who, together
with the Treasurer, shall be bonded in such amounts as the
Commission may require.
(e) The Executive Director, with the approval of the
Commission, shall appoint and remove or discharge such personnel as
may be necessary for the performance of the Commission's functions
irrespective of the civil service, personnel or other merit system
laws of any of the party states.
(f) The Commission may establish and maintain, independently
or in conjunction with any one or more of the party states, a
suitable retirement system for its full-time employees. The
Commission may establish and maintain or participate in such
additional programs of employee benefits as may be appropriate.
(g) The Commission may borrow, accept, or contract for the
services of personnel from any state or the United States or any
subdivision or agency thereof, from any interstate agency, or from
any institution, person, firm or corporation.
(h) The Commission may establish and maintain such facilities
as may be necessary for the transacting of its business. The
Commission may acquire, hold, and convey real and personal property
and any interest therein.
(i) The Commission shall adopt bylaws, rules, and regulations
for the conduct of its business, and shall have the power to amend
and rescind these bylaws, rules, and regulations. The Commission
shall publish its bylaws, rules, and regulations in convenient form
and shall file a copy thereof and shall also file a copy of any
amendment thereto, with the appropriate agency or officer in each
of the party states.
(j) The Commission annually shall make to the governor and the
legislature of each party state, a report covering the activities
of the Commission for the preceding year, and embodying such
recommendations as may have been adopted by the Commission. The
Commission may issue such additional reports as it may deem
desirable.
ARTICLE IV
FUNCTIONS AND ACTIVITIES
(a) The Commission shall have power to perform the following
functions and activities that relate to school bus transportation:
(1) Recommend and encourage research, testing and training
activities to the extent the Commission finds necessary.
(2) Contract for research, testing and training activities on
behalf of the Commission itself or for one or more governmental
agencies if they provide special funding for that purpose.
(3) Engage directly in such activities to the extent approved
by the Commission.
(4) Recommend to the party states of needed changes in law or
policy with emphasis on uniformity of laws and administrative
rules, regulations or codes which would promote effective
governmental action or coordination of school bus construction,
equipment, safety programs, and school bus driver training.
(5) The Commission shall send prompt notice of its action in
issuing any rule, regulation or code pursuant to this article to
the appropriate agency of each party state and such notice shall
contain the complete text of the rule, regulation or code.
(6) Each party state, recognizing that to carry out the intent
of this compact, obligates itself to adopt in identical terms, all
rules, regulations and specifications which are standardized
through due process to the States.
(b) The Commission may establish such advisory and technical
committees as may be necessary, membership on which may include
public officials and private citizens. The Commission may also
cooperate with other governmental agencies and interstate
organizations and with organizations representing the private
sector.
ARTICLE V
FINANCE
(a) Moneys necessary to finance the Commission in carrying out
its duties shall be provided through appropriations from the states
party to this compact, said payments to be in direct proportion to
the number of school buses registered in the respective party
states. The initial rate of payment shall be figured at $0.50 per
bus, provided that no state shall contribute less than $500.00 per
annum. The annual contribution of each state above the minimum
shall be figured to the nearest one hundred dollars. Subsequent
budgets shall be determined by the Commission, and the cost thereof
allocated in the same proportion as the initial budget.
(b) The Commission may accept for any of its purposes under
this compact any and all donations, and grants of money, equipment,
supplies, materials, and services (conditional and otherwise) from
any state or the United States or any subdivision or agency
thereof, or interstate agency, or from any institution, person,
firm, or corporation, and may receive, utilize and dispose of the
same.
ARTICLE VI
ENTRY INTO FORCE AND WITHDRAWAL
(a) This compact shall enter into immediate force and effect
as to any state when enacted by it into law, and such state shall
thereafter be a party thereto with any and all states joining
therein.
(b) It is the purpose of this compact to provide the necessary
legal basis for implementation and adoption by each party state of
the standardized rules, regulations and specifications as adopted
by the Commission. Consistent with the laws of each party state,
there shall be a "compact administrator" who, acting jointly with
like officials of other party states, shall promulgate necessary
rules, regulations and specifications within that state to carry
out the actions and directives of the Commission.
(c) Any state party to this compact may, by legislative act
after one year's notice to the Commission, withdraw from the
compact. The compact may also be terminated at any time by the
unanimous agreement of the several party states. Withdrawal shall
not relieve a state from its obligations hereunder prior to the
effective withdrawal date.
(d) If any state shall at any time default in the performance
of any of its obligations assumed herein or with respect to any
obligation imposed upon said state as authorized by and in
compliance with the terms and provisions of this compact, all
rights, privileges and benefits of such defaulting state and its
members on the Commission shall be suspended after the date of such
default. Such suspension shall in no manner release such
defaulting state from any accrued obligation or otherwise affect
this compact or the rights, duties, privileges or obligations of
the remaining states thereunder.
ARTICLE VII
SEVERABILITY
(a) The provisions of this compact shall be severable and if
any phrase, clause, sentence or provision of this compact is
declared to be unconstitutional or the applicability thereof to any
state, agency, person or circumstances is held invalid, the
constitutionality of the remainder of this compact and the
applicability thereof to any other state, agency, person or
circumstances shall not be affected thereby. It is the legislative
intent that the provisions of this compact be reasonably and
liberally construed.