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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (202 4)
HOUSE BILL 3671 By: Miller
AS INTRODUCED
An Act relating to motor vehicles; authorizing
Service Oklahoma to allow individuals to make certain
voluntary designation on credentials; stating purpose
and use; authorizing the display of designation on
credentials; allowing removal of certain designation;
requiring establishment and maintenance of certain
registry; stating purpose of registry; requiring
development of certain form ; allowing certain
voluntary report be submitted; listing information to
be stored by registry; providing for submission of
certain information; allowing certain opportunities
for holders of certain cred entials; limiting
availability of submitted information; pr escribing
use of certain information; stating certain
information shall be confidentia l; limiting liability
for certain causes; requiring Service Oklahoma comply
with certain federal requirements; authorizing the
promulgation of rules; requiring the development of
certain program; requiring program consist of certain
elements; requiring progr am be available annually to
certain entities; providing for codification; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6-125 of Title 47, unless there
is created a duplication in numbering, reads as follows:
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A. 1. Service Oklahoma shall permit a driver license or state
identification card hold er to voluntarily designate on the holder's
driver license or identification card that the person has been
diagnosed with an autism spectrum disorder by a licensed primary
care physician, licensed psychologist, or licensed psychiatrist.
The designation shall be used by a law enforcement officer or an
emergency medical professional to identify and effectively
communicate with a person who has been diagnosed with an autism
spectrum disorder and shall not be used for any other purpose by any
other person.
2. The designation indicating that a person has been diagnosed
with an autism spectrum disorder pursuant to paragraph 1 of this
subsection shall be given a designation that shall be displayed on
the driver license or identification card in accordance with
procedures prescribed by Service Oklahoma. A holder of a driver
license or identification card who makes a voluntary designation
pursuant to this section shall have the opportunity to remove the
designation at any t ime.
B. 1. Service Oklahoma shall establish and maintain an
automated statewide registry accessible by law enforcement officers
for the purposes of identifying and effectively communicating with a
person who has been diagnosed with an autism spectrum dis order by a
licensed primary care physician, licensed psychologist, or licensed
psychiatrist. Service Oklahoma shall permit a person diagnosed wit h
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an autism spectrum disorder to voluntarily report the diagnosis to
Service Oklahoma for inclusion in the reg istry. The registry shall
be capable of storing information, which shall include, but may not
be limited to:
a. the license plate and registration information of any
motor vehicle that the person inten ds to regularly
operate,
b. the emergency contact info rmation of a person who can
communicate on behalf of the person who has been
diagnosed with an autism spectrum disorde r, and
c. any other information that may assist a law
enforcement officer when communicati ng with the
person.
2. Service Oklahoma shall d evelop a standardized autism
diagnosis form that provides a diagnosing or treat ing licensed
primary care physician, licensed psychologist, or a licensed
psychiatrist to certify that an indi vidual has been diagnosed with
autism spectrum disorder. The holder of an Oklahoma driver license
or identification card or a person making application or renewal for
a driver license or identification card issued b y Service Oklahoma
may voluntarily submit the form to the registry established pursuant
to paragraph 1 of this subsection, through procedures established by
Service Oklahoma. A holder of a driver license or identification
card who submits information to the registry established pursuant to
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this subsection shall have the opportunity to revise, update the
information, or be removed from the registry at any time.
3. Information submitted pursuant to this section shall on ly be
available to Service Oklahoma, licensed operators who are designated
to collect and maintai n the information, and law enforcement
officers when accessing the person's motor vehicle records. The
information shall be exclusively used during a motor vehicle stop or
other law enforcement action to assist law enforcement officers in
identifying and effectively communicating with a person who has been
diagnosed with an autism spectrum disorder.
4. Any information submitted to Service Oklahoma or licensed
operators pursuant to this subsection shall not be considered a
government record pursuant subparagraph c of paragraph 1 of Section
24A.5 of Title 51 of the Oklahoma Statutes and shall not be
discoverable as a government record by any person, entity, or
governmental agency, except upon a subpoena issued by a grand jury
or a court order in a criminal ma tter.
5. Service Oklahoma, licensed operators, o r employees of the
Service Oklahoma who are designated by Service Oklahoma, for the
purposes of discharging their duties pursuant to this act, shall not
be liable to any person for civil damages, or subject t o criminal
prosecution resulting from or caused by:
a. any disruption or failure i n Internet service caused
by any accident, malfunction, act of sabotage or
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nature, or any other condition or circumstance that
Service Oklahoma has not, directly or indirectly,
caused, and which prevents the holder of a n Oklahoma
driver license or identification card from accessing,
or inputting information into the registry established
pursuant to this subsection or which results in, or
prevents, Service Oklahoma, licensed operators,
designated Service Oklahoma employees, and law
enforcement officers from accessing, establishing, or
maintaining the database,
b. any misuse of, or the failure or omission to input
accurate information, or the inputting of i naccurate
or outdated information into the registry by any
holder of an Oklahoma driver license or identification
card, or
c. the inability of any law enforcement officer to make
contact, in good faith, with any designat ed emergency
contact person. This limitation of liability is
inapplicable if such failure resulted from a malicious
purpose or a wanton and willful di sregard for the
safety of persons or property.
6. With regard to the issuance of REAL -ID compliant licenses
containing designations pursuant to this section, Service Oklahoma
shall comply with all federal design requirements and shall seek
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design approval from all necessary federal agencies, including , but
not limited to, the United States Department of Homeland Security.
7. Service Oklahoma is authorized to promul gate any rules
necessary to effectuate the provi sions of this section.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 6-125.1 of Title 47, unless
there is created a duplication in numberin g, reads as follows:
The Department of Public Safety, in consultation with Service
Oklahoma, the Council on Law Enfor cement Education and Training, and
the Oklahoma Department of Mental Health and Substance Abuse
Services, shall develop a program to assist and train law
enforcement officers to identify and effectively communicate with a
person who has been diagnose d with an autism spectrum disorder by a
licensed primary care physician, licensed psychologist, or licensed
psychiatrist. In addition, the program shall include training in
de-escalation methods when interacting with a person who has been
diagnosed with an autism spectrum disorder , proper utilization of
the registry established pursuant to Section 1 of this act, and any
other information, as recom mended by the Oklahoma Department of
Mental Health and Substance Abuse Services, that may be useful to
law enforcement officers when interacting with a person who has been
diagnosed with an autism spectrum disorder.
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The program established pursuant to this section shall be
available annually to every state, tribal, county, and municipal law
enforcement agency in this state.
SECTION 3. This act shall become effective November 1, 2024.
59-2-9547 JBH 01/16/24