HLS 22RS-537 ENGROSSED 2022 Regular Session HOUSE BILL NO. 337 BY REPRESENTATIVES HILFERTY, CORMIER, EDMONSTON, LARVADAIN, ROBERT OWEN, SCHAMERHORN, SELDERS, AND WRIGHT MOTOR VEHICLES: Establishes a special identification card designation for persons with autism spectrum disorder 1 AN ACT 2To amend and reenact R.S. 40:1321(S) and to enact R.S. 40:1321(T), relative to a special 3 identification card designation for persons with autism spectrum disorder; to provide 4 for the establishment of an autism spectrum disorder designation on a special 5 identification card; to provide for the criteria for obtaining an autism spectrum 6 disorder designation for new applicants or renewals; to provide penalties for persons 7 making false statements to obtain special designation; to require the implementation 8 of a law enforcement officer training course; to provide for the promulgation of rules 9 and regulations; and to provide for related matters. 10Be it enacted by the Legislature of Louisiana: 11 Section 1. R.S. 40:1321(S) is hereby amended and reenacted and R.S. 40:1321(T) 12is hereby enacted to read as follows: 13 ยง1321. Special identification cards; issuance; veteran designation; disabled veteran 14 designation; university logo; "I'm a Cajun" designation; needs 15 accommodation designation; autism spectrum disorder designation; fees; 16 expiration and renewal; exceptions; promulgation of rules; promotion of use; 17 persons less than twenty-one years of age; the Protect and Save our Children 18 Program; Selective Service Registration 19 * * * Page 1 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 22RS-537 ENGROSSED HB NO. 337 1 S.(1) Upon request of a special identification card, a designation that the 2 applicant has autism spectrum disorder shall be exhibited on the special 3 identification card upon presentation of a statement from a qualified medical or 4 mental health professional licensed in Louisiana or any other state or territory of the 5 United States verifying the applicant's disability as established by administrative 6 rule. The qualified medical or mental health professional shall be authorized to 7 diagnose autism spectrum disorder. No additional fee shall be charged to include 8 such designation. 9 (2) Upon the renewal of a special identification card, an applicant who has 10 autism spectrum disorder shall provide a statement from a qualified medical or 11 mental health professional licensed in Louisiana or any other state or territory of the 12 United States verifying the applicant's disability as established by administrative 13 rule. 14 (3) Any person who has not been diagnosed with autism spectrum disorder 15 who willfully and falsely represents himself as having the qualifications to obtain the 16 special designation authorized by this Subsection shall be fined not less than one 17 hundred dollars nor more than two hundred fifty dollars, or shall be imprisoned for 18 not more than thirty days, or both. Any subsequent offense shall result in a fine of 19 not less than two hundred fifty dollars nor more than five hundred dollars, or 20 imprisonment for not more than ninety days, or both. 21 (4) In addition to the training requirements contained in R.S. 40:2404.2(C), 22 the Department of Public Safety and Corrections, public safety services, shall 23 establish and implement a law enforcement training course relative to law 24 enforcement officers' interaction with persons who have autism spectrum disorder. 25 The course shall instruct law enforcement officers on sensitivity and awareness to 26 ensure equitable treatment and how to effectively communicate and interact with 27 persons with autism spectrum disorder. At a minimum, the course shall include the 28 following: 29 (a) Identification of indicators that a person has autism spectrum disorder. Page 2 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 22RS-537 ENGROSSED HB NO. 337 1 (b) Identification of procedures that an officer should employ when 2 encountering a person with autism spectrum disorder. 3 (c) Demonstrations of communication and interactive techniques required 4 to effectively interact with a person with autism spectrum disorder. 5 (d) Explanations that provide law enforcement officers with an 6 understanding of the developmental disability and examples of unexpected actions 7 potentially taken by persons diagnosed with autism spectrum disorder. 8 (e) Explanations of the resources available to assist an officer encountering 9 a person who has autism spectrum disorder. 10 (f) Descriptions of the procedures an officer should use to ensure compliance 11 with the Americans with Disabilities Act when encountering a person with autism 12 spectrum disorder. 13 (5) The deputy secretary of the Department of Public Safety and Corrections, 14 public safety services, shall promulgate rules and regulations as necessary to 15 implement the provisions of this Subsection, including a waiver of liability for the 16 release of any medical information. Notwithstanding the provisions of R.S. 17 49:968(B)(12), the House and Senate committees on transportation, highways and 18 public works shall have oversight of the adoption of rules and regulations required 19 by this Subsection. 20 T. No fee shall be charged for transactions to issue a duplicate special 21 identification card to correct an address due to the renaming of a street or highway 22 in accordance with a parish or municipal ordinance. DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] HB 337 Engrossed 2022 Regular Session Hilferty Abstract: Creates an autism spectrum disorder designation for a special identification card. Proposed law establishes the application process for obtaining an autism spectrum disorder designation on a special identification card for new applicants and renewals. Page 3 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 22RS-537 ENGROSSED HB NO. 337 Proposed law requires an autism spectrum disorder designation be displayed on a special identification card upon receipt of a statement from a qualified medical or mental health professional licensed in La. or any other state or territory of the U.S. verifying the applicant's disability as established by administrative rule. Further requires the qualified medical or mental health professional be authorized to diagnose autism spectrum disorder. Proposed law specifies that no additional fee can be charged to include an autism spectrum disorder designation. Proposed law specifies that any person who has not been diagnosed with autism spectrum disorder who makes a false statement of having the qualification to obtain the special designation will be fined not less than $100 nor more than $250, or be imprisoned for not more than 30 days, or both. Further, requires any subsequent offense carry a fine of not less than $250 nor more than $500, or imprisonment for not more than 90 days, or both. Proposed law requires the Dept. of Public Safety and Corrections, public safety services, to establish and implement a law enforcement training course relative to law enforcement officers' interactions with persons who have autism spectrum disorder, in addition to the requirements of present law. Proposed law requires the course to instruct law enforcement officers on sensitivity and awareness to ensure equitable treatment and how to effectively communicate and interact with persons who have autism. Proposed law requires the course include identification of indicators that a person has autism; identification of procedures that an officer should employ when encountering a person who has autism; demonstrations of communication and interactive techniques required to effectively interact with a person who has autism; explanations that provide law enforcement officers with an understanding of developmental disabilities and examples of unexpected actions potentially taken by persons diagnosed with autism; explanations of the resources available to assist an officer encountering a person who has autism; and descriptions of the procedures an officer should use to ensure compliance with the Americans with Disabilities Act when encountering a person who has autism. Proposed law authorizes the deputy secretary of the Dept. of Public Safety and Corrections to promulgate rules and regulations to implement the provisions of proposed law. Provides rule oversight authority to the House and Senate committees on transportation, highways and public works. (Amends R.S. 40:1321(S); Adds R.S. 40:1321(T)) Page 4 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions.