ENROLLED HOUSE
BILL NO. 3671 By: Miller, Talley, and West (Tammy) of the House
and
Coleman, Garvin, and Stephens of the Senate
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 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 annually to certain entities; providing for codification; and providing an effective date.
SUBJECT: Motor vehicles
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 cardholder to voluntarily designate 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 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 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 with 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 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 individual 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 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 only 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 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:
a. any disruption or failure 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 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 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 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 requirements and shall seek 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 enforcement 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 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.
Passed the
House of Representatives the 5th day of March, 2024.
Presiding
Officer of the House
of
Representatives
Passed the Senate the 16th day of
April, 2024.
Presiding
Officer of the Senate
OFFICE
OF THE GOVERNOR
Received by the Office of the Governor this ____________________ day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________ day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________ day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________