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SENATE FLOOR VERSION
April 2, 2024
ENGROSSED HOUSE
BILL NO. 3671 By: Miller, Talley, and West
(Tammy) of the House
and
Coleman and Garvin of the
Senate
An Act relating to motor vehicles; authorizing
Service Oklahoma to allow individuals to mak e 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 stored by registry;
providing for submission of certain information;
allowing certain opportunities for holders of certain
credentials; limiting availability of submitted
information; prescribing use of certain information;
stating certain information shall be confidential;
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 ann ually to certain
entities; providing for codification; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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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 cardholder to voluntarily designate that the person
has been diagnosed with an autism spectrum disorder by a licensed
primary care physician, licensed psychologist, or lic ensed
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 oth er 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 lic ense 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 th is 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
for the purpose of identifying and effectively com municating with a
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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 with
an autism spectrum disorder to volunt arily 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 disorder, and
c. any other information that may assist a law
enforcement officer when communicating with the
person.
2. Service Oklahoma shall develop a standardized autism
diagnosis form that provides a diagnosing or treating licensed
primary care physician, licensed psychologist, or licensed
psychiatrist to certify that an in dividual has been diagnosed with
an 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 by
Service Oklahoma may voluntarily subm it the form to the registry
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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 opportun ity to revise, update the
information, or be removed from the registry at any time.
3. Information submitted pursuant to this section shall only be
available to Service Oklahoma, licensed operators who are designated
to collect and maintain the information, a nd 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 comm unicating 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 paragrap h 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 matter.
5. Service Oklahoma, its employees, or licensed operators, for
the purpose of discharging their duties pursuant to this act, shall
not be liable to any person for civil damages or subject to criminal
prosecution resulting from or caused by:
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a. any disruption or failur e in Internet service caused
by any accident, malfunction, 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 an 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 fr om 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 enforcement officer to make
contact, in good faith, with any designated emergency
contact person. This limitation of liability is
inapplicable if such failure resulted from a malicious
purpose or a wanton a nd willful disregard for the
safety of persons or property.
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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 see k
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 promulgate any rules
necessary to effectuate the provisions 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 numbering, reads as follows:
The Department of Public Safety, in consultation with Service
Oklahoma, the Council on Law Enforcement Education and Training, the
Oklahoma Department of Mental Health and Substance Abuse Services,
and other entities or individuals with expertise in autism, shall
develop a program to assist and train law enforcem ent officers to
effectively communicate with a person who has been diagnosed 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
specific information regarding an individual listed in the registry,
and any other information that may be useful to law enforcement
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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 AERONAUTICS AND TRANSPORTATION
April 2, 2024 - DO PASS