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

Oregon House Bill 3185 (Prior Session Legislation)

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

                           B-Engrossed

                         House Bill 3185
                  Ordered by the Senate May 16
 Including House Amendments dated April 21 and Senate Amendments
                          dated May 16

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.

  Creates work group in Department of Transportation for purposes
of evaluating system of mandatory reporting of persons with
 { + persistent, episodic or other + } 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
persistent, episodic or other 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 persistent, episodic or other 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 or evaluate others
in driving.
  (h) A person who is an advocate for senior citizens.
  (i) A representative of the Oregon State Police.
  (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 and whether other
terms such as 'persistent' and 'episodic' should be added to the
department's administrative rules or to the Oregon Revised
Statutes, 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. + }
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