An Act to Allow School Activity Buses for Public Schools
Maine Legislature, Session 131, LD 1053
Committee: Education and Cultural Affairs
Sponsors: BRAKEY, LEE, LIBBY, BOYER, SAMPSON, SHAW
Amends: 29-A MRSA §2301, 29-A MRSA §2309, 29-A MRSA §2452

Legislative Document
No. 1053
S.P. 422
In Senate, March 7, 2023
An Act to Allow School Activity Buses for Public Schools
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BRAKEY of Androscoggin.
Cosponsored by Representative LEE of Auburn and
Senator: LIBBY of Cumberland, Representatives: BOYER of Poland, LIBBY of Auburn, 
SAMPSON of Alfred, SHAW of Auburn.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  29-A MRSA §2301, sub-§2, as enacted by PL 1993, c. 683, Pt. A, §2 and 
affected by Pt. B, §5, is amended to read:
2.  Private school School activity bus.  "Private school School activity bus" means a 
privately owned motor vehicle with a carrying capacity of 10 to 15 passengers that is not 
operated with public funds and that is used by a public or private school to transport 
students other than to and from home and school.
Sec. 2.  29-A MRSA §2301, sub-§5-A, as enacted by PL 2007, c. 383, §25, is 
amended to read:
5-A.  School bus CMV.  "School bus CMV" means a commercial motor vehicle used 
to transport preprimary, primary or secondary school students from home to school, from 
school to home or to and from school-sponsored events.  "School bus CMV" does not 
include a bus used as a common carrier or a private school activity bus.
Sec. 3.  29-A MRSA §2301, sub-§5-B, as enacted by PL 2007, c. 383, §26, is 
amended to read:
5-B.  School bus non-CMV.  "School bus non-CMV" means a noncommercial motor 
vehicle designed to carry more than 10 passengers, including the driver, but less than 16 
passengers, including the driver, and used to transport students from home to school, from 
school to home or to and from school-related events.  "School bus non-CMV" does not 
include a private motor vehicle used to transport members of the owner's household or a 
private school activity bus.
Sec. 4.  29-A MRSA §2309, as repealed and replaced by PL 2003, c. 293, §3, is 
amended to read:
§2309.  Exemptions
The following, except for allowable alternative vehicles and school buses, are exempt 
from this subchapter:
1.  Vehicle used by day care facility.  A vehicle designed to carry 15 or fewer 
passengers, including the driver, used to transport children by a day care facility, except 
when transporting children to and from school; and
2.  Vehicle used for transportation to nonschool-based Head Start facility.  Until 
January 1, 2006 a vehicle designed to carry 15 or fewer passengers, including the driver, 
used to transport children to a nonschool-based Head Start facility if the vehicle was placed 
in service prior to October 1, 2003.; and
3.  School activity bus.  A school activity bus.
Sec. 5.  29-A MRSA §2452, sub-§1, as amended by PL 2013, c. 484, §3, is further 
amended to read:
1.  Permanent revocation.  Permanently revoke the school bus operator endorsement 
of any person convicted of OUI who operated a school bus, private school activity bus or 
multifunction school activity bus, as defined in section 2301, during the commission of the 
offense;
SUMMARY
This bill allows public schools to use school activity buses, which are vehicles that 
have a capacity of 10 to 15 passengers and are used to transport students other than to and 
from home and school and that are exempt from school bus requirements.  Current law 
allows only private schools to use school activity buses.