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 Page 1 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 23RS-367 ENGROSSED 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. Page 2 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 23RS-367 ENGROSSED 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 * * * Page 3 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HLS 23RS-367 ENGROSSED 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. Page 4 of 4 CODING: Words in struck through type are deletions from existing law; words underscored are additions.