Oklahoma 2022 Regular Session

Oklahoma House Bill HB2383 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	HB2383 HFLR Page 1
4		-	BOLD FACE denotes Committee Amendments. 1
	3	+	Req. No. 10823 Page 1 1
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29		-	HOUSE OF REPRESENTATIVES - FLOOR VERSION
30		-
31	28		STATE OF OKLAHOMA
32	29
33	30		2nd Session of the 58th Legislature (2022)
34	31
35	32		COMMITTEE SUBSTITUTE
36	33		FOR
37		-	HOUSE BILL NO. 2383 By: Sterling and West (Josh) of
38		-	the House
	34	+	HOUSE BILL NO. 2383 By: Sterling
39	35
40		-	and
41		-
42		-	Weaver of the Senate
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47	40		COMMITTEE SUBSTITUTE
48	41
49	42		An Act relating to driver licenses; creating the
50	43		Shelby Johnson and L ogan Deardorff Act of 2022;
51	44		requiring certain written notice; allowing Department
52	45		of Public Safety to require certain exams for medical
53	46		fitness; allowing for certain extension; allowing
54	47		Department to make certain license determinations
55	48		based on examination ; providing for certain
56	49		suspension, denial, or revocation for refusal or
57	50		neglect to take examination; requiring certain notice
58	51		by certified mail; defining term; providing for
59	52		examination details and criteria; req uiring
60	53		Department develop certain form; prov iding list of
61	54		individuals who may submit certain report; detailing
62	55		certain report requirements; providing penalty for
63	56		reporting false informa tion; providing for liability
64	57		immunity; providing for confidentiality of reports
65	58		and medical records; requiring Department maintain
66	59		certain records; requiring the development of f orms
67	60		and guidelines for reporting cases; requiring
68	61		publication and availability of certain guidelines;
69	62		requiring compliance with federal law; providing
70	63		penalty for violations; providing for ap peal and
71	64		appeal time frame; allowing for petition for certain
72	65		reinstatement of license; requiring certain statement
73	66		accompany petition; requiring decision by certain
74	67		time; providing for appeal of certain d ecision;
75	68		authorizing the promul gation of certain ru les and
	69	+	procedures; repealing 47 O.S. 2021, Sections 6-119
	70	+	and 6-207, which relate to drivers with medical
	71	+	conditions; providing for noncodification; providing
	72	+	for codification; and providing an effective date.
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77		-	HB2383 HFLR Page 2
78		-	BOLD FACE denotes Committee Amendments. 1
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	76	+	Req. No. 10823 Page 2 1
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103		-	procedures; repealing 47 O.S. 2021, Sections 6-119
104		-	and 6-207, which relate to drivers with medical
105		-	conditions; providing for noncodification; providing
106		-	for codification; and providing an effective date.
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111	101		BE IT ENACTED BY THE PEOPLE OF THE S TATE OF OKLAHOMA:
112	102		SECTION 1. NEW LAW A new section of law not to be
113	103		codified in the Oklahoma Statutes reads as follows:
114	104		This act shall be known and may be cited as the "Shelby Johnson
115	105		and Logan Deardorff Act of 202 2".
116	106		SECTION 2. NEW LAW A new section of law to be codifie d
117	107		in the Oklahoma Statutes as Section 6 -207.1 of Title 47, unless
118	108		there is created a duplication in numbering, reads as follows:
119	109		A. Whenever the Department of Public Safety has good cause to
120	110		believe that a person is medically unfit to receive or retain hi s or
121	111		her driver license, the Department may, after giving written notice
122	112		of thirty (30) days by certified mail to such person 's known
123	113		address, require the person to submit to an examination as
124	114		prescribed by the Department in conjunction with the Driver Lic ense
125	115		Medical Advisory Committee, pursuant to Section 6 -118 of Title 47 of
126	116		the Oklahoma Statutes . Upon request, an extension of thirty (30)
127	117		days may be granted to persons who are required to ta ke said
128	118		examination.
129	119		B. Upon conclusion of the examination, the Department may allow
130	120		the person to retain his or her license, suspend, deny , or revoke
	121	+	the license, or may issue the person a license subject to
	122	+	restrictions as provided in Section 6 -113 of Title 47 of the
	123	+	Oklahoma Statutes. If an examination indicates a condition that
	124	+	potentially impairs safe driving, the Department, in addition to
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132		-	HB2383 HFLR Page 3
133		-	BOLD FACE denotes Committee Amendments. 1
	126	+	Req. No. 10823 Page 3 1
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158		-	the license, or may issue the person a licens e subject to
159		-	restrictions as provided in Section 6 -113 of Title 47 of the
160		-	Oklahoma Statutes. If an examination indicates a condition that
161		-	potentially impairs safe driving, the Department, in addition to
162	151		action with respect to the license, may require the person to submit
163	152		to further periodic examinations. The refusal or neglect of the
164	153		person to submit to a required examination within thirty (30) days
165	154		after the date of the notice provided for in subsection A of this
166	155		section shall be grounds for suspension, denial , or revocation of
167	156		the person's license by the Depart ment or local court as applicable.
168	157		Notice of any suspension, denial, revocation , or other restriction
169	158		shall be provided by certified mail. As used in this section, the
170	159		term "denial" means the act of not licensing a person who is
171	160		currently suspended, revo ked, or otherwise not licensed to operate a
172	161		motor vehicle. Denial may also include the act of withdrawing a
173	162		previously issued license.
174	163		C. The examination provided for in subsection A of this section
175	164		may include, but may not be limited to, a written test and test of
176	165		driving skills, vision, highway sign recognition, and, if
177	166		appropriate, a physical or mental evaluation, or both. The
178	167		Department may require any or all of the examination criteria
179	168		pursuant to Section 6 -110 of Title 47 of the Oklahoma Statutes as
180	169		well as medical assessments to be placed on a form to be developed
181	170		by the Department.
	171	+	D. The Department shall have good cause to believe that a
	172	+	person is potentially unfit to retain or receive a license on the
	173	+	basis of, but not limited to, a report by o ne of the following
	174	+	individuals:
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183		-	HB2383 HFLR Page 4
184		-	BOLD FACE denotes Committee Amendments. 1
	176	+	Req. No. 10823 Page 4 1
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209		-	D. The Department shall have good cause to believe that a
210		-	person is potentially unfit to retain or receive a license on the
211		-	basis of, but not limited to, a report by o ne of the following
212		-	individuals:
213	201		1. A physician, physical th erapist, occupational therapist,
214	202		chiropractic physician, registered nurse, psychologist, social
215	203		worker, professional counselor, optometrist , or an emergency medical
216	204		technician licensed in this state;
217	205		2. A law enforcement officer; or
218	206		3. The person's spouse or a member of the person's family
219	207		within the third degree of consanguinity or affinity who has reached
220	208		the age of eighteen (18) years, except that no person may report the
221	209		same family member more than one time during a period of twelve (12)
222	210		months.
223	211		E. The report shall stat e that the reporting person reasonably
224	212		and in good faith believes the driver cannot safely operate a motor
225	213		vehicle and shall be based on persona l observation or physical
226	214		evidence, which shall be described in the report, or the report
227	215		shall be based upon an investigation or police report by a law
228	216		enforcement officer. The report shall be a written declarat ion in
229	217		the form prescribed by the Department . Anyone knowingly reportin g
230	218		false information may be found guilty under penalty of perjury.
231	219		F. A physician, physical therapist, occupational therapist,
232	220		chiropractic physician, registered nurse, psychologist, soci al
	221	+	worker, professional counselor, optometrist , or an emergency medic al
	222	+	technician licensed in this state may report to the Department any
	223	+	patient diagnosed or assessed as having a disorder or condition that
	224	+	may prevent such person from safely operating a motor vehicle. Such
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234		-	HB2383 HFLR Page 5
235		-	BOLD FACE denotes Committee Amendments. 1
	226	+	Req. No. 10823 Page 5 1
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260		-	worker, professional counselor, optometrist , or an emergency medic al
261		-	technician licensed in this state may report to the Department any
262		-	patient diagnosed or assessed as having a disorder or condition that
263		-	may prevent such person from safely operating a motor vehicle. Such
264	251		report shall state the diagnosis or assessment and whether the
265	252		condition is permanent or temporary.
266	253		G. Any person who makes a report in good faith pursuant to this
267	254		section shall be immune from any civil liability that otherwise
268	255		might result from making said report. All reports made and medical
269	256		records reviewed and maintained by the Department pursuant to this
270	257		section shall be kept confidential except upon order of a court of
271	258		competent jurisdiction or in a review of the Department 's actions
272	259		pursuant to Section 6-211 of Title 47 of the Oklahoma Statutes .
273	260		H. The Department shall maintain records and statistics of any
274	261		reports made and any actions taken against driver licenses pursuant
275	262		to this section.
276	263		I. The Department shall, in consult ation with the Driver
277	264		License Medical Advisory Committee, develop and maintain a
278	265		standardized form and provide guidelines for the reporting of cases
279	266		and the examination of drivers pursuant to this section. The
280	267		guidelines shall be published and made availa ble to the public. The
281	268		Department shall provide health care providers and law enforcement
282	269		officers with information about the procedures authorized pursuant
283	270		to this section. The guidelines and regulation s implemented in this
	271	+	section shall comply with the federal Americans with Disabilities
	272	+	Act of 1990.
	273	+	J. Any person who knowingly violates a confidentiality
	274	+	provision of this section, knowingly permits or encourages the
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285		-	HB2383 HFLR Page 6
286		-	BOLD FACE denotes Committee Amendments. 1
	276	+	Req. No. 10823 Page 6 1
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311		-	section shall comply with the federal Americans with Disabilities
312		-	Act of 1990.
313		-	J. Any person who knowingly violates a confidentiality
314		-	provision of this section, knowingly permits or encourages the
315	301		unauthorized use of a report , or files a false report in violation
316	302		of this section may be criminally and civilly liable .
317	303		K. All appeals of license revocations, suspensions, denials,
318	304		and restrictions pursuant to this section shall be made within
319	305		thirty (30) days after the receipt of t he notice of revocation,
320	306		suspension, denial, or restriction pursuant to Section 6 -211 of
321	307		Title 47 of the Oklahoma Statutes.
322	308		L. Any individual whose condition is temporary in nature as
323	309		reported shall have the right to petition the Department for total
324	310		or partial reinstatement of his or her license. Such request shall
325	311		be made on a form prescri bed by the Department and accompanied by a
326	312		statement from a health care provider with the same or sim ilar
327	313		license as the health care provider who made the initial report
328	314		resulting in the restriction or suspension, denial, or revocation of
329	315		the driver license. Such petition shall be dec ided by the
330	316		Department within thirty (30) days of the recei pt of the petition.
331	317		The Department's decision is appealable pursuant to Section 6-211 of
332	318		Title 47 of the Oklahoma Statutes .
333	319		M. The Department is authorized to promulgate rules and any
334	320		necessary procedures to implement the provisions of this section.
	321	+	SECTION 3. REPEALER 47 O.S. 20 21, Sections 6-119 and 6-
	322	+	207, are hereby repealed.
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336		-	HB2383 HFLR Page 7
337		-	BOLD FACE denotes Committee Amendments. 1
	324	+	Req. No. 10823 Page 7 1
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362		-	SECTION 3. REPEALER 47 O.S. 20 21, Sections 6-119 and 6-
363		-	207, are hereby repealed.
364	349		SECTION 4. This act shall become effective November 1, 2022.
365	350
366		-	COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY, dated 03/01/2022 -
367		-	DO PASS, As Amended and Coauthored.
	351	+	58-2-10823 JBH 03/01/22
	352	+
	353	+