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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 407
BY SENATORS MCPHERSON, ADLEY, BROOME, HEITMEIER, LAFLEUR, NEVERS
AND SHAW AND REPRESENTATI VE NORTON
MOTOR VEHICLES. Removes authority for record check fee for Class D and E drivers
licenses and requires a refund. (gov sig)
AN ACT1
To amend and reenact R.S. 32:409.1(A)(6)(c)(iii), relative to drivers' licenses and2
application or special certificate applications; to delete authority to impose a record3
check fee on an applicant for a Class "D" chauffeur's license or a Class "E" personal4
vehicle driver's license; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 32:409.1(A)(6)(c)(iii) is hereby amended and reenacted to read as7
follows: 8
ยง409.1. Application or special certificate applications; penalties for false9
information10
A. * * *11
(6) The department shall initiate and complete a check of the applicant's12
driving record to ensure that the person is not subject to any disqualifications,13
suspensions, revocations, or cancellations and that the driver does not have a driver's14
license from more than one state. The record check for a commercial driver's license15
shall include:16
* * *17 SB NO. 407
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(c) A check with the National Driver Register (NDR), if it is determined to1
be operational by the Federal Highway Administrator, to determine if the applicant:2
* * *3
(iii) Has been convicted of any of the offenses contained in Section 205(A)(3)4
of the National Drivers Register Act of 1982. The department may perform a similar5
record check for all applicants of a Class "D" chauffeur's license or a Class "E"6
personal vehicle driver's license. and may charge such applicant a record check fee7
equal to the application for a commercial driver's license. The department shall give8
full weight and consideration to such information in deciding whether to issue a9
driver's license to such applicant. The department shall not issue a driver's license to10
an applicant who is disqualified from operating a motor vehicle, whose driver's11
license has been suspended, revoked, or canceled, or who has otherwise lost the12
privilege to drive in another state or jurisdiction, except for the limited exception13
provided in R.S. 32:404. However, inadvertent issuance of a driver's license to such14
an applicant shall not be considered a breach of duty on the part of the department15
to the public or the individual.16
* * *17
Section 2. The provisions of this Act shall be retroactive and shall apply to any18
applicant for a Class "D" chauffeur's license or a Class "E" personal vehicle driver's license19
who paid a record check fee to the department on and after March 8, 2010. The department20
shall refund any such record check fee charged and collected to such applicants not later than21
September 1, 2010.22
Section 3. This Act shall become effective upon signature by the governor or, if not23
signed by the governor, upon expiration of the time for bills to become law without signature24
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If25
vetoed by the governor and subsequently approved by the legislature, this Act shall become26
effective on the day following such approval.27 SB NO. 407
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Sharon F. Lyles.
DIGEST
McPherson (SB 407)
Present law provides that the department shall check the driving record of applicants for
commercial driving licenses and further provides that the department may perform a similar
record check for all applicants of a Class "D" chauffeur's license or a Class "E" personal
vehicle driver's license and may charge such applicant a record check fee equal to the
application for a commercial driver's license.
Proposed law removes discretionary authorization of the department to charge applicants for
a Class "D" chauffeur's license or a Class "E" personal vehicle driver's license a record check
fee equal to the application for a commercial driver's license.
Proposed law is retroactive to on and after March 8, 2010. Record check fees paid by
applicants for Class "D" chauffeur's license or a Class "E" personal vehicle driver's license
to the department on and after March 8, 2010, shall be refunded to such applicants not later
than September 1, 2010.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Amends R.S. 32:409.1(A)(6)(c)(iii))