Page 1 of 2
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010 ENROLLED
SENATE BILL NO. 407
BY SENATORS MCPHERSON, ADL EY, BROOME, HEITMEIER, LAFLEUR, NEVERS
AND SHAW AND REPRESENTATIVES NORTON, AUSTIN
BADON, BOBBY BADON, BARRAS, BARROW, HENRY BURNS,
TIM BURNS, CHANEY, CORTEZ, DIXON, GISCLAIR, GREENE,
HARDY, HAZEL, HENRY, HINES, GIROD JACKSON, MICHAEL
JACKSON, SAM JONES, KATZ, LAFONTA, LANDRY, LIGI,
LOPINTO, LORUSSO, MILLS, PEARSON, RICHARD, RICHMOND,
ROBIDEAUX, SCHRODER, JANE SMITH, ST. GERMAIN, TALBOT,
THIBAUT, THIERRY, TUCKER, WADDELL, WILLIAMS AND
WILLMOTT
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
(c) A check with the National Driver Register (NDR), if it is determined to18
be operational by the Federal Highway Administrator, to determine if the applicant:19
* * *20
(iii) Has been convicted of any of the offenses contained in Section 205(A)(3)21
of the National Drivers Register Act of 1982 49 U.S.C.A. 30304(a)(3). The22
ACT No. 319 SB NO. 407 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
department may perform a similar record check for all applicants of a Class "D"1
chauffeur's license or a Class "E" personal vehicle driver's license. and may charge2
such applicant a record check fee equal to the application for a commercial driver's3
license. The department shall give full weight and consideration to such information4
in deciding whether to issue a driver's license to such applicant. The department shall5
not issue a driver's license to an applicant who is disqualified from operating a motor6
vehicle, whose driver's license has been suspended, revoked, or canceled, or who has7
otherwise lost the privilege to drive in another state or jurisdiction, except for the8
limited exception provided in R.S. 32:404. However, inadvertent issuance of a9
driver's license to such an applicant shall not be considered a breach of duty on the10
part of the department to the public or the individual.11
* * *12
Section 2. The provisions of this Act shall be retroactive and shall apply to any13
applicant for a Class "D" chauffeur's license or a Class "E" personal vehicle driver's license14
who paid a record check fee to the department on and after March 8, 2010. The department15
shall refund any such record check fee charged and collected to such applicants not later than16
September 1, 2010. The department shall not close regional, parish, or local offices of motor17
vehicles to supplant the loss in revenue as a result of this refund.18
Section 3. This Act shall become effective upon signature by the governor or, if not19
signed by the governor, upon expiration of the time for bills to become law without signature20
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If21
vetoed by the governor and subsequently approved by the legislature, this Act shall become22
effective on the day following such approval.23
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: