HLS 23RS-367 REENGROSSED
2023 Regular Session
HOUSE BILL NO. 516
BY REPRESENTATIVES KERNER, BEAULLIEU, WILFORD CARTER, CORMIER,
DESHOTEL, EDMONSTON, FREIBERG, GADBERRY, GLOVER, HORTON,
MIKE JOHNSON, LACOMBE, LARVADAIN, LYONS, MOORE, NEWELL,
PIERRE, SELDERS, STEFANSKI, THOMAS, WHITE, 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; to provide for 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 proof
7 of disability for the deaf and hard of hearing and persons with autism spectrum
8 disorder; to provide for an exception to the public records law; and to provide for
9 related matters.
10Be it enacted by the Legislature of Louisiana:
11 Section 1. R.S. 32:403.3 is hereby amended and reenacted to read as follows:
12 §403.3. Identification stickers and decals; for the deaf and hard of hearing; license
13 label autism spectrum disorder
14 A.(1)(a) The office of motor vehicles of the Department of Public Safety and
15 Corrections is hereby authorized to issue an identification sticker or decal, which
16 shall be the international symbol of deafness, at no cost for use by deaf and hard of
17 hearing persons who are granted a driver's license. Every A deaf or hard of hearing
18 person applying for a driver's license with or registration who wants an identification
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1 decal or sticker shall attach to the application a statement indicating a hearing loss
2 attested by one of the following: a medical physician, audiologist, or speech
3 pathologist proof as provided in Subsection C of this Section.
4 (b) The sticker or decal is to shall be offered at the time the driver's license
5 or a registration in compliance with R.S. 47:505 is issued and shall be prepared so
6 that it may at the option of the user be applied to the windshield and viewed from the
7 outside of the vehicle or on the license plate, or both in a space that does not interfere
8 with the visibility of the operator of the motor vehicle. The same sticker or decal
9 identifying the licensee as deaf or hard of hearing shall be offered and imprinted on
10 the back of the driver's license under the lamination.
11 B.(2) In addition to the identification sticker or decal provided for in
12 Subsection A of this Section this Subsection, the office of motor vehicles of the
13 Department of Public Safety and Corrections shall create a flag code to be placed on
14 the registration of a motor vehicle which shall indicate that the driver of the vehicle
15 is deaf or hard of hearing. Upon the initial application for or renewal of the
16 registration of a motor vehicle, the flag will shall be placed on the registration at the
17 driver's request at no additional cost, provided he produces a statement indicating a
18 hearing loss attested by one of the following: a medical physician, audiologist, or
19 speech pathologist proof as provided in Subsection C of this Section.
20 B.(1)(a) The office of motor vehicles of the Department of Public Safety and
21 Corrections is hereby authorized to issue an identification sticker or decal which
22 shall be the awareness symbol for autism spectrum disorder at no cost for use by
23 persons with autism spectrum disorder who have obtained the autism spectrum
24 disorder designation in accordance with R.S. 32:412(P) or a parent, legal guardian,
25 or other caregiver of such a person. A person with autism spectrum disorder
26 applying for a driver's license or registration who wants an autism spectrum disorder
27 sticker or decal shall attach to the application proof as provided in Subsection C of
28 this Section.
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HB NO. 516
1 (b) A parent, legal guardian, or other caregiver of a person with autism
2 spectrum disorder applying for a driver's license or registration who wants an autism
3 spectrum disorder sticker or decal shall attach to the application proof of the
4 diagnosis of the person in his care as provided in Subsection C of this Section and
5 sufficient documentation of the relationship to the person.
6 (c) The sticker or decal shall be offered at the time the driver's license or a
7 registration in compliance with R.S. 47:505 is issued and shall be prepared so that
8 it may at the option of the user be applied to the windshield and viewed from the
9 outside of the vehicle or on the license plate, or both in a space that does not interfere
10 with the visibility of the operator of the motor vehicle.
11 (2) In addition to the identification sticker or decal provided for in this
12 Subsection, the office of motor vehicles of the Department of Public Safety and
13 Corrections shall create a flag code to be placed on the registration of a motor
14 vehicle which shall indicate that the driver of the vehicle has an autism spectrum
15 disorder or is the parent, legal guardian, or caregiver of a person with an autism
16 spectrum disorder. Upon the initial application for or renewal of the registration of
17 a motor vehicle, the flag shall be placed on the registration at the driver's request at
18 no additional cost, provided he produces proof as required by this Subsection.
19 C.(1) In order to receive the appropriate sticker or decal or to have a flag or
20 code placed on the registration record, the applicant shall attach to his application a
21 statement which contains proof indicating the applicant's disability attested by one
22 of the following: a physician, audiologist, speech pathologist, mental health
23 professional, or occupational therapist.
24 (2) The office of motor vehicles shall deny the application if the person fails
25 to provide the requisite documentation at the time of application.
26 D. All documentation submitted pursuant to this Section by an applicant
27 shall be confidential and not subject to disclosure pursuant to the Public Records
28 Law, R.S. 44:1 et seq. Any person seeking the documentation submitted pursuant
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1 to this Section shall obtain a court order after a contradictory hearing against the
2 applicant.
3 E. The secretary shall adopt rules and regulations in accordance with the
4 Administrative Procedure Act as are necessary to implement the provisions of this
5 Subsection Section.
6 Section 2. R.S. 44:4.1(B)(19) is hereby amended and reenacted to read as follows:
7 §4.1. Exceptions
8 * * *
9 B. The legislature further recognizes that there exist exceptions, exemptions,
10 and limitations to the laws pertaining to public records throughout the revised
11 statutes and codes of this state. Therefore, the following exceptions, exemptions, and
12 limitations are hereby continued in effect by incorporation into this Chapter by
13 citation:
14 * * *
15 (19) R.S. 32:398, 403.3, 707.2, 1254
16 * * *
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 Reengrossed 2023 Regular Session Kerner
Abstract: Authorizes the use of special identification stickers, decals, and a flag on the
vehicle registration of persons with autism spectrum disorder and their caregivers to inform
law enforcement that there may be a person with the disorder in the vehicle.
Present law (R.S. 32:403.3) authorizes the office of motor vehicles within the Dept. of Public
Safety and Corrections (the office) to issue identification stickers or decals to the deaf and
hard of hearing and to place a flag code on the person's vehicle registration upon
presentation of a statement indicating a hearing loss attested by a physician, audiologist, or
speech pathologist. Further provides that the sticker or decal shall be offered and imprinted
on the back of the driver's license under lamination.
Proposed law retains present law, except to remove the requirement that the sticker or decal
shall be offered and imprinted on the back of the driver's license under lamination.
Proposed law further requires that if the user applies the sticker or decal to the windshield
or license plate, it shall be placed in a space that does not interfere with the visibility of the
vehicle operator.
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Present law (R.S. 32:412(P)) provides that upon request of an applicant for a driver's license,
a designation that the applicant has autism spectrum disorder shall be exhibited on the
driver's license upon presentation of a statement from a qualified medical or mental health
professional.
Proposed law retains present law and further authorizes the office to issue identification
stickers or decals for a person who has obtained the autism spectrum disorder designation
in accordance with present law or his parent, legal guardian, or other caregiver and to place
a flag code on such person's vehicle registration upon presentation of a statement indicating
the disability of the person with autism spectrum disorder attested by a physician, mental
health professional, or occupational therapist.
Proposed law provides that the documentation submitted as proof that an individual is deaf,
hard of hearing, or diagnosed with autism spectrum disorder is not subject to disclosure
pursuant to the Public Records Law and any person seeking such documentation shall obtain
a court order after a contradictory hearing against the applicant.
(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.
The Committee Amendments Proposed by House Committee on House and
Governmental Affairs to the engrossed bill:
1. Change "court-appointed guardian" to "parent, legal guardian, or other
caregiver".
2. Make technical changes.
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