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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 49 U.S.C.A. 30304(a)(3). The5
department may perform a similar record check for all applicants of a Class "D"6
chauffeur's license or a Class "E" personal vehicle driver's license. and may charge7
such applicant a record check fee equal to the application for a commercial driver's8
license. The department shall give full weight and consideration to such information9
in deciding whether to issue a driver's license to such applicant. The department shall10
not issue a driver's license to an applicant who is disqualified from operating a motor11
vehicle, whose driver's license has been suspended, revoked, or canceled, or who has12
otherwise lost the privilege to drive in another state or jurisdiction, except for the13
limited exception provided in R.S. 32:404. However, inadvertent issuance of a14
driver's license to such an applicant shall not be considered a breach of duty on the15
part of the department 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 was prepared by Sharon F. Lyles. The following
digest, which does not constitute a part of the legislative instrument, was
prepared by Sherri H. Breaux.
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. Provides that 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))
Summary of Amendments Adopted by Senate
Senate Floor Amendments to engrossed bill.
1. Makes technical change to include the appropriate U.S.C.A. reference of the
National Driver Register.