HLS 10RS-149 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
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Regular Session, 2010
HOUSE BILL NO. 816
BY REPRESENTATIVE GISCLAIR
INSURANCE/AUTOMOBI LE: Requires that law enforcement access an electronic
database to determine compliance with the compulsory motor vehicle liability
security law
AN ACT1
To amend and reenact R.S. 32:863.1(A)(1) and (B) and 863.2(C), relative to compulsory2
motor vehicle liability security; to require that law enforcement access an electronic3
database to determine compliance with the compulsory motor vehicle liability4
security law; to require the secretary of the Department of Public Safety and5
Corrections maintain an automated electronic database; and to provide for related6
matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 32:863.1(A)(1) and (B) and 863.2(C) are hereby amended and9
reenacted to read as follows: 10
§863.1. Evidence of compulsory motor vehicle liability security contained in11
vehicle; enforcement; penalty; fees12
A. No owner or lessee of a self-propelled motor vehicle registered in this13
state, except a motor vehicle used primarily for exhibit or kept primarily for use in14
parades, exhibits, or shows, or agricultural or forest use vehicles during seasons15
when they are not used on the highways, shall operate or allow the operation of such16
vehicle upon any public road, street, or highway in this state unless there is contained17
within the vehicle one of the following documents evidencing that the motor vehicle18 HLS 10RS-149 ORIGINAL
HB NO. 816
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is in compliance with R.S. 32:861 relative to compulsory motor vehicle liability1
security:2
(1) A certificate of insurance. "Certificate" means the valid written evidence3
of motor vehicle liability insurance, as defined in R.S. 32:900, that is in full force4
and effect and in the form of one of the following:5
* * *6
B. When a law enforcement officer stops a vehicle at an administrative7
violations checkpoint, or in connection with an alleged violation of the law, or for8
any other reason, or when a law enforcement officer investigates an accident, the law9
enforcement officer shall access the electronic database required by R.S. 32:863.2(C)10
to determine if the owner or lessee of each vehicle is in compliance with the11
provisions of this Section which require evidence of liability insurance or other12
security to be contained in the vehicle. If the owner or lessee is not in compliance13
with those provisions, the law enforcement officer shall take the actions specified in14
this Section.15
* * *16
§863.2. Notification of the cancellation or issuance of security; penalties; database17
development18
* * *19
C. The secretary shall keep a record of the information received from20
security providers concerning coverage of vehicles and persons by security required21
by R.S. 32:861, which information may shall be stored through automated electronic22
data processing means. After the department has complete vehicle liability security23
records, upon written request including the driver's license number for each person,24
the vehicle identification number for each vehicle, and the payment of a fee of fifteen25
dollars for each vehicle owned by a person about which inquiry is made, the26
secretary shall forward to the inquiring party such vehicle and driver liability27
security information as is contained in the records of the department. If the28
department's search of its records fails to show the existence of any liability29 HLS 10RS-149 ORIGINAL
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insurance or other security as of the date about which inquiry is made, an official of1
the department will issue a sworn, notarized affidavit to that effect. Such an affidavit2
shall be prima facie evidence that on the date in question, the person or vehicle about3
which inquiry was made did not have in effect a policy of liability insurance or other4
security as required by law. The fee collected pursuant to this Section shall be5
remitted by the secretary to the state treasurer to be credited to the Bond Security and6
Redemption Fund as provided in R.S. 32:853(B)(2).7
* * *8
Section 2. This Act shall become effective upon signature by the governor or, if not9
signed by the governor, upon expiration of the time for bills to become law without signature10
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If11
vetoed by the governor and subsequently approved by the legislature, this Act shall become12
effective on the day following such approval.13
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Gisclair HB No. 816
Abstract: Requires that a law enforcement officer use an electronic database to determine
if an owner or lessee of a motor vehicle is in compliance with the compulsory motor
vehicle liability security law.
Present law defines "certificate" as meaning the written evidence of motor vehicle liability
insurance as defined in present law that is in a form specified in present law.
Present law requires that when a law enforcement officer stops a vehicle at an administrative
violations checkpoint, or in connection with an alleged violation of the law, or for any
reason, or when an officer investigates an accident, the officer must determine if the owner
or lessee of the vehicle is in compliance with the compulsory motor vehicle security law.
Also, provides if the law enforcement officer determines the owner or lessee is not in
compliance, he must adhere to provisions specified in state law.
Proposed law retains present law and adds a requirement that a law enforcement officer use
the electronic database provided for in present law to determine if an owner or lessee of a
motor vehicle is in compliance with the compulsory motor vehicle liability security law.
Present law requires the secretary of DPS&C to keep a record of the information received
from security providers concerning coverage of vehicles and persons by security as required
by present law. Specifies that this information may be stored through automated electronic
data processing means. HLS 10RS-149 ORIGINAL
HB NO. 816
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are additions.
Proposed law requires that the secretary store information received from security providers
by automated electronic data processing means.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 32:863.1(A)(1) and (B) and 863.2(C))