Louisiana 2023 2023 Regular Session

Louisiana House Bill HB516 Engrossed / Bill

                    HLS 23RS-367	ENGROSSED
2023 Regular Session
HOUSE BILL NO. 516
BY REPRESENTATIVES KERNER, CORMIER, EDMONSTON, FREIBERG, GLOVER,
HORTON, LARVADAIN, MOORE, PIERRE, SELDERS, AND WRIGHT
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
MOTOR VEHICLES:  Provides for placement of a special identification sticker or decal on
a motor vehicle operated by a person with autism spectrum disorder or their guardian
1	AN ACT
2To amend and reenact R.S. 32:403.3 and R.S. 44:4.1(B)(19), relative to special identification
3 decals applicable to  persons with autism spectrum disorder or their guardian; to
4 provide for the creation of an autism spectrum disorder designation sticker or decal
5 for placement on the rear window of a vehicle; to provide awareness to officers that
6 there is a person with autism spectrum disorder in the vehicle; to provide for an
7 exception to the public records law; and to provide for related matters.
8Be it enacted by the Legislature of Louisiana:
9 Section 1.  R.S. 32:403.3 is hereby amended and reenacted to read as follows:
10 §403.3.  Identification stickers for the deaf and hard of hearing or persons with
11	autism spectrum disorder or their guardian; license label
12	A.  The office of motor vehicles of the Department of Public Safety and
13 Corrections is hereby authorized to issue an identification sticker or decal which
14 shall be the international symbol of deafness or the awareness symbol for Autism at
15 no cost for use either by deaf and hard of hearing persons or persons with autism
16 spectrum disorder who have obtained the autism spectrum disorder designation in
17 accordance with R.S. 32:412(P), who are granted a driver's license.  Every deaf or
18 hard of hearing person or person with autism spectrum disorder who has obtained the
19 autism spectrum disorder designation in accordance with R.S. 32:412(P) applying
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HB NO. 516
1 for a driver's license may be issued an with an identification decal or sticker shall
2 attach to the application a statement proof indicating a hearing loss attested by one
3 of the following: a medical physician, audiologist, or speech pathologist. as provided
4 in Subsection C of this Section.  The sticker or decal is to be offered at the time the
5 driver's license is issued or when a registration, in compliance with R.S. 47:505, is
6 issued and shall be prepared so that it may at the option of the user be applied to the
7 windshield and viewed from the outside of the vehicle or on the license plate, or both
8 in a space that does not interfere with the visibility of the operator of the motor
9 vehicle.  The same sticker or decal identifying the licensee as deaf or hard of hearing
10 shall be offered and imprinted on the back of the driver's license under the
11 lamination.
12	B.  In addition to the identification sticker or decal provided for in Subsection
13 A of this Section, the office of motor vehicles of the Department of Public Safety and
14 Corrections shall create a flag code to be placed on the registration of a motor
15 vehicle which shall indicate that the driver of the vehicle is deaf or hard of hearing
16 or a person who has obtained the autism spectrum disorder designation in accordance
17 with R.S. 32:412(P) or the court-appointed guardian of a person with autism
18 spectrum disorder. Upon the initial application for or renewal of the registration of
19 a motor vehicle, the flag will be placed on the registration at the driver's request at
20 no additional cost, provided he produces a statement indicating a hearing loss
21 attested by one of the following: a medical physician, audiologist, or speech
22 pathologist  proof as provided in Subsection C of this Section.  The secretary shall
23 adopt rules and regulations in accordance with the Administrative Procedure Act as
24 are necessary to implement the provisions of this Subsection.
25	C. The person shall, at the time of application, provide the following
26 documentation, in order to receive the appropriate sticker or to have a flag or code
27 placed on the registration record.  The office of motor vehicles shall deny the
28 application if the person fails to provide the requisite documentation.
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HB NO. 516
1	(1)  Every deaf or hard of hearing person applying for a driver's license, an
2 identification decal, or sticker shall attach to the application a statement which
3 contains proof indicating a hearing loss or verifying the applicant's disability attested
4 by one of the following: a medical physician, audiologist, or speech pathologist.
5	(2)  Every person with autism spectrum disorder or their court-appointed
6 guardian applying for a driver's license, an identification decal, or sticker shall attach
7 to the application a statement which contains proof verifying the applicant's
8 disability attested by one of the following: a medical physician, mental health
9 professional, or occupational therapist.
10	D.  All documentation, and the information contained therein submitted
11 pursuant to Subsection C of this Section shall be confidential and not subject to
12 disclosure pursuant to the Public Records Law, R.S. 44:1 et seq.  Any person seeking
13 the documentation or the information contained therein must first obtain a court
14 order after a hearing against the person or court-appointed guardian.
15 Section 2.  R.S. 44:4.1(B)(19) is hereby amended and reenacted to read as follows:
16 §4.1. Exceptions
17	*          *          *
18	B. The legislature further recognizes that there exist exceptions, exemptions,
19 and limitations to the laws pertaining to public records throughout the revised
20 statutes and codes of this state. Therefore, the following exceptions, exemptions, and
21 limitations are hereby continued in effect by incorporation into this Chapter by
22 citation:
23	*          *          *
24	(19)  R.S. 32:398, 403.3, 707.2, 1254
25	*          *          *
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HB NO. 516
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 516 Engrossed 2023 Regular Session	Kerner
Abstract:  Authorizes special identification stickers or decals for persons with autism
spectrum disorder to inform law enforcement that there is a person with this disorder in the
vehicle.
Present law provides for identification stickers or decals for the deaf and hard of hearing.
Proposed law adds persons with autism spectrum disorder who have obtained the autism
spectrum disorder designation in accordance with present law (R.S. 32:412(P)) to be
included in present law and specifies that this particular identification sticker or decal would
be received at the time of application.
Present law specifies that the sticker or decal is to be offered when the driver's license is
issued and the person has the option of it being applied to the windshield.
Proposed law requires the decal be placed in a space that does not interfere with the visibility
of the driver.
Proposed law specifies that at the time of application, a person must provide a statement of
proof of their disability that is verified by an appropriate medical professional.
Proposed law exempts this documentation from public records law.
(Amends R.S. 32:403.3 and R.S. 44:4.1(B)(19))
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Transportation,
Highways and Public Works to the original bill:
1. Make technical changes.
2. Change "a person with autism spectrum disorder" to "persons with autism
spectrum disorder who have obtained the autism spectrum disorder designation"
in accordance with present law.
3. Add a provision requiring proof, at the time of application, of the disorder for
which the sticker or decal is requested.
4. Add an exception for documentation provided to the office of motor vehicles
from public records law.
5. Add a provision that provides medical requirements for obtaining a driver's
license identification decal or sticker.
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CODING:  Words in struck through type are deletions from existing law; words underscored
are additions.