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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 59th Legislatur e (2024)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 3671 By: Miller and Talley of the
House
and
Coleman and Garvin of the
Senate
COMMITTEE SUBSTITUTE
An Act relating to motor vehicles; authorizing
Service Oklahoma to allow individuals to make certain
voluntary designation; stating purpose and use;
authorizing the display or nondisplay 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 of diagnosis be submitted;
listing information to be sto red by registry;
providing for submission of certain information;
allowing certain opportunities for holders of certa in
credentials; limiting availability of submitted
information; prescribing 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 program be available annually to certain
entities; providing for codification; and providing
an effective date.
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BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA :
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:
A. 1. Service Oklahoma shall permit a driver license or state
identification card hold er to voluntarily designate that the person
has been diagnosed with an autism spectrum disorde r 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 dia gnosed with an
autism spectrum disorder and shall not be used for any other purpose
by any other person.
2. The cardholder may choose whether the voluntary designation
indicating that a person has been diagnosed with an autism spectrum
disorder pursuant to paragraph 1 of this subsection shall be
displayed on the driver license or identification card or in the
Oklahoma Law Enforcement Telecommunications System (OLETS) 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 time.
B. 1. Service Oklahoma shall establish and maintain an
automated statewide registry accessible by law enforcement officers
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for the purpose of identifying and effectively communicating with a
person who has been diagnosed with an autism spectrum disorder by a
licensed primary care physician, licensed psychologist, or licensed
psychiatrist. Service Oklahoma shall permit a person diagnosed wit h
an autism spectrum disorder to voluntarily report the diagnosis to
Service Oklahoma for inclusion in the registry. The registry shall
be capable of storing information, which shall include, but not be
limited to:
a. the license plate and registration information of any
motor vehicle that the person intends to regularly
operate,
b. the emergency contact information 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 communicating with the
person.
2. Service Oklahoma shall develop a s tandardized autism
diagnosis form that provides a diagnosing or treat ing licensed
primary care physician, licensed psychologist, or licensed
psychiatrist to cert ify that an individual has been diagnosed with
an autism spectrum disorder. The holder of an Oklahoma driver
license or identification card or a person making applic ation or
renewal for a driver lice nse or identification card issued b y
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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 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 maintain 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 section shall not be considered a
government record pursuant to 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 crimin al matter.
5. Service Oklahoma, its employees, or licensed operators, for
the purpose of discharging their duties pursuant to this act, shall
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not be liable to any person for civil damages or subject to criminal
prosecution resulting from or caused by:
a. any disruption or failure in Internet service caused
by any accident, malfunc tion, act of sabotage or
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 informatio n 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 inaccurate
or outdated information into the registry by any
holder of an Oklahoma driver license or identification
card, or
c. the inability of any law enfo rcement 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
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purpose or a wanton and willful disregard 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 requireme nts and shall seek
design approval from all necessary federal agencies, in cluding, but
not limited to, the United States Department of Homeland Security.
7. Service Oklahoma is authorized to p romulgate any rules
necessary to effectuate the provisions of t his section.
SECTION 2. NEW LAW A new section of l aw to be codified
in the Oklahoma Statutes as Section 6-125.1 of Title 47, unless
there is created a duplication in num bering, reads as follows:
The Department of Public Safety, in consultation with Service
Oklahoma, the Council on Law Enfor cement Education and Training, the
Oklahoma Department of Mental Health and Substance Abuse Services ,
and other entities or individuals with experti se in autism, shall
develop a program to assist and train law enforcement officers to
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, proper utilization of any
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specific information regarding an individual listed in the registry,
and any other information that may be useful to law enforcement
officers when interacting with a person who has been diagnosed with
an autism spectrum disorder.
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, 2025.
COMMITTEE REPORT BY: COMMITTEE ON PUBLIC SAFETY, dated 02/21/2024 -
DO PASS, As Amended and Coauthored.