1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3671 By: Miller
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6 AS INTRODUCED
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7 An Act relating to motor vehicles; authorizing
7 Service Oklahoma to allow individuals to make certain
8 voluntary designation on credentials; stating purpose
8 and use; authorizing the display of designation on
9 credentials; allowing removal of certain designation;
9 requiring establishment and maintenance of certain
10 registry; stating purpose of registry; requiring
10 development of certain form; allowing certain
11 voluntary report be submitted; listing information to
11 be stored by registry; providing for submission of
12 certain information; allowing certain opportunities
12 for holders of certain credentials; limiting
13 availability of submitted information; prescribing
13 use of certain information; stating certain
14 information shall be confidential; limiting liability
14 for certain causes; requiring Service Oklahoma comply
15 with certain federal requirements; authorizing the
15 promulgation of rules; requiring the development of
16 certain program; requiring program consist of certain
16 elements; requiring program be available annually to
17 certain entities; providing for codification; and
17 providing an effective date.
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21 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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22 SECTION 1. NEW LAW A new section of law to be codified
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23 in the Oklahoma Statutes as Section 6-125 of Title 47, unless there
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24 is created a duplication in numbering, reads as follows:
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 1 A. 1. Service Oklahoma shall permit a driver license or state
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2 identification card holder to voluntarily designate on the holder's
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3 driver license or identification card that the person has been
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4 diagnosed with an autism spectrum disorder by a licensed primary
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5 care physician, licensed psychologist, or licensed psychiatrist.
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6 The designation shall be used by a law enforcement officer or an
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7 emergency medical professional to identify and effectively
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8 communicate with a person who has been diagnosed with an autism
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9 spectrum disorder and shall not be used for any other purpose by any
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10 other person.
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11 2. The designation indicating that a person has been diagnosed
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12 with an autism spectrum disorder pursuant to paragraph 1 of this
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13 subsection shall be given a designation that shall be displayed on
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14 the driver license or identification card in accordance with
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15 procedures prescribed by Service Oklahoma. A holder of a driver
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16 license or identification card who makes a voluntary designation
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17 pursuant to this section shall have the opportunity to remove the
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18 designation at any time.
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19 B. 1. Service Oklahoma shall establish and maintain an
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20 automated statewide registry accessible by law enforcement officers
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21 for the purposes of identifying and effectively communicating with a
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22 person who has been diagnosed with an autism spectrum disorder by a
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23 licensed primary care physician, licensed psychologist, or licensed
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24 psychiatrist. Service Oklahoma shall permit a person diagnosed with
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 1 an autism spectrum disorder to voluntarily report the diagnosis to
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2 Service Oklahoma for inclusion in the registry. The registry shall
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3 be capable of storing information, which shall include, but may not
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4 be limited to:
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5 a. the license plate and registration information of any
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6 motor vehicle that the person intends to regularly
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7 operate,
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8 b. the emergency contact information of a person who can
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9 communicate on behalf of the person who has been
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10 diagnosed with an autism spectrum disorder, and
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11 c. any other information that may assist a law
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12 enforcement officer when communicating with the
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13 person.
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14 2. Service Oklahoma shall develop a standardized autism
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15 diagnosis form that provides a diagnosing or treating licensed
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16 primary care physician, licensed psychologist, or a licensed
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17 psychiatrist to certify that an individual has been diagnosed with
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18 autism spectrum disorder. The holder of an Oklahoma driver license
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19 or identification card or a person making application or renewal for
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20 a driver license or identification card issued by Service Oklahoma
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21 may voluntarily submit the form to the registry established pursuant
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22 to paragraph 1 of this subsection, through procedures established by
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23 Service Oklahoma. A holder of a driver license or identification
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24 card who submits information to the registry established pursuant to
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 1 this subsection shall have the opportunity to revise, update the
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2 information, or be removed from the registry at any time.
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3 3. Information submitted pursuant to this section shall only be
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4 available to Service Oklahoma, licensed operators who are designated
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5 to collect and maintain the information, and law enforcement
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6 officers when accessing the person's motor vehicle records. The
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7 information shall be exclusively used during a motor vehicle stop or
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8 other law enforcement action to assist law enforcement officers in
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9 identifying and effectively communicating with a person who has been
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10 diagnosed with an autism spectrum disorder.
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11 4. Any information submitted to Service Oklahoma or licensed
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12 operators pursuant to this subsection shall not be considered a
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13 government record pursuant subparagraph c of paragraph 1 of Section
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14 24A.5 of Title 51 of the Oklahoma Statutes and shall not be
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15 discoverable as a government record by any person, entity, or
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16 governmental agency, except upon a subpoena issued by a grand jury
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17 or a court order in a criminal matter.
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18 5. Service Oklahoma, licensed operators, or employees of the
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19 Service Oklahoma who are designated by Service Oklahoma, for the
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20 purposes of discharging their duties pursuant to this act, shall not
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21 be liable to any person for civil damages, or subject to criminal
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22 prosecution resulting from or caused by:
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23 a. any disruption or failure in Internet service caused
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24 by any accident, malfunction, act of sabotage or
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 1 nature, or any other condition or circumstance that
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2 Service Oklahoma has not, directly or indirectly,
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3 caused, and which prevents the holder of an Oklahoma
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4 driver license or identification card from accessing,
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5 or inputting information into the registry established
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6 pursuant to this subsection or which results in, or
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7 prevents, Service Oklahoma, licensed operators,
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8 designated Service Oklahoma employees, and law
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9 enforcement officers from accessing, establishing, or
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10 maintaining the database,
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11 b. any misuse of, or the failure or omission to input
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12 accurate information, or the inputting of inaccurate
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13 or outdated information into the registry by any
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14 holder of an Oklahoma driver license or identification
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15 card, or
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16 c. the inability of any law enforcement officer to make
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17 contact, in good faith, with any designated emergency
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18 contact person. This limitation of liability is
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19 inapplicable if such failure resulted from a malicious
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20 purpose or a wanton and willful disregard for the
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21 safety of persons or property.
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22 6. With regard to the issuance of REAL-ID compliant licenses
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23 containing designations pursuant to this section, Service Oklahoma
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24 shall comply with all federal design requirements and shall seek
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 1 design approval from all necessary federal agencies, including, but
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2 not limited to, the United States Department of Homeland Security.
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3 7. Service Oklahoma is authorized to promulgate any rules
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4 necessary to effectuate the provisions of this section.
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5 SECTION 2. NEW LAW A new section of law to be codified
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6 in the Oklahoma Statutes as Section 6-125.1 of Title 47, unless
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7 there is created a duplication in numbering, reads as follows:
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8 The Department of Public Safety, in consultation with Service
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9 Oklahoma, the Council on Law Enforcement Education and Training, and
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10 the Oklahoma Department of Mental Health and Substance Abuse
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11 Services, shall develop a program to assist and train law
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12 enforcement officers to identify and effectively communicate with a
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13 person who has been diagnosed with an autism spectrum disorder by a
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14 licensed primary care physician, licensed psychologist, or licensed
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15 psychiatrist. In addition, the program shall include training in
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16 de-escalation methods when interacting with a person who has been
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17 diagnosed with an autism spectrum disorder, proper utilization of
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18 the registry established pursuant to Section 1 of this act, and any
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19 other information, as recommended by the Oklahoma Department of
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20 Mental Health and Substance Abuse Services, that may be useful to
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21 law enforcement officers when interacting with a person who has been
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22 diagnosed with an autism spectrum disorder.
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 1 The program established pursuant to this section shall be
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2 available annually to every state, tribal, county, and municipal law
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3 enforcement agency in this state.
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4 SECTION 3. This act shall become effective November 1, 2024.
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6 59-2-9547 JBH 01/16/24
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