Bill Text: OR HB3185 | 2011 | Regular Session | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Relating to driving privileges; and declaring an emergency.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2011-06-09 - Chapter 295, (2011 Laws): Effective date June 9, 2011. [HB3185 Detail]

Download: Oregon-2011-HB3185-Engrossed.html

---

     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 271

                           A-Engrossed

                         House Bill 3185
                  Ordered by the House April 21
            Including House Amendments dated April 21

Sponsored by Representative BERGER; Representatives MATTHEWS,
  OLSON

                             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.

    { - Modifies provisions for physicians and health care
providers required to report person whose cognitive or functional
impairment may affect person's ability to safely operate motor
vehicle. - }
    { - Directs Department of Transportation to develop and use
assessment to make certain determinations. - }
    { - Modifies basis for determining whether person with
cognitive or functional impairment is able to drive safely. - }
   { +  Creates work group in Department of Transportation for
purposes of evaluating system of mandatory reporting of persons
with cognitive or functional impairments that prevent those
persons from driving safely. Requires work group to submit report
to interim legislative committees related to transportation no
later than October 1, 2012.
  Sunsets task force on date of convening of 2013 regular session
of Legislative Assembly.
  Declares emergency, effective on passage. + }

                        A BILL FOR AN ACT
Relating to driving privileges; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) There is created in the Department of
Transportation a work group on reports of persons with cognitive
or functional impairment consisting of the members appointed by
the Director of Transportation, including but not limited to:
  (a) An employee of the department who is knowledgeable about
the regulation of driving privileges in this state.
  (b) An employee of the department who is knowledgeable about
research methods.
  (c) A physician in general practice.
  (d) A physician specializing in geriatrics or an expert in
gerontology.
  (e) An expert in identifying and treating medical conditions
that impair cognitive and physical abilities.
  (f) An expert in how cognitive and functional impairments
affect driving ability.

  (g) An expert in the complex task of operating a motor vehicle,
such as a person whose profession is to train others in driving.
  (h) A person who is an advocate for senior citizens.
  (2) The work group shall:
  (a) Evaluate the department's current system for mandatory
reporting on persons with cognitive or functional impairments.
  (b) Identify barriers to reporting, if any, by health care
professionals.
  (c) Consider evidence-based assessment tools that may be used
by health care professionals or the department to inform the
department's decision as to whether a person lacks the cognitive
or physical abilities to safely maintain their driving
privileges.
  (d) Consider the value of and the cost and methodology for
developing a new evidenced-based assessment tool.
  (e) Consider the value of and the cost and methodology for
developing age-based renewal and testing requirements.
  (f) Consider whether the standards for 'cognitive or functional
impairment' under ORS 807.710 (2) and 'severe and uncontrollable
impairment' under the department's administrative rules are the
appropriate standards for mandatory reporting, the purpose of
which is to further highway safety by removing driving privileges
from those who no longer possess the ability to safely operate a
motor vehicle.
  (g) Determine whether other components of the mandatory
reporting system need to be examined and evaluate those
components if necessary.
  (3) The work group may evaluate the current system for
voluntary reporting by individuals to determine whether it needs
to be modified in conjunction with mandatory reporting system.
  (4) A majority of the members of the work group constitutes a
quorum for the transaction of business.
  (5) Official action by the work group requires the approval of
a majority of the members of the work group.
  (6) The work group shall elect one of its members to serve as
chairperson.
  (7) If there is a vacancy for any cause, the director shall
make an appointment to become immediately effective.
  (8) The work group shall meet at times and places specified by
the call of the chairperson or of a majority of the members of
the work group.
  (9) The work group may adopt rules necessary for the operation
of the work group.
  (10) The work group shall submit a report, including findings
and recommendations for legislation, to the interim legislative
committees relating to transportation no later than October 1,
2012.
  (11) The department shall provide staff support to the work
group.
  (12) Members of the work group are not entitled to compensation
or reimbursement for expenses and serve as volunteers on the work
group.
  (13) All agencies of state government, as defined in ORS
174.111, are directed to assist the work group in the performance
of its duties and, to the extent permitted by laws relating to
confidentiality, to furnish such information and advice as the
members of the work group consider necessary to perform their
duties. + }
  SECTION 2.  { + Section 1 of this 2011 Act is repealed on the
date of the convening of the 2013 regular session of the
Legislative Assembly as specified in ORS 171.010. + }
  SECTION 3.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
                         ----------