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Regular Session, 2012
HOUSE BILL NO. 1130
BY REPRESENTATIVE CROMER
INSURANCE/AUTOMOBI LE: Provides for electronic display of proof of insurance
AN ACT1
To amend and reenact R.S. 32:851, 862(B)(1), (G)(1) and (3), and (H), 863(B)(1),2
863.1(A)(1)(a)(introductory paragraph) and (G)(1), and 874(B)(2) and to enact R.S.3
32:862(I) and (J) and 874(C), relative to proof of insurance; to allow for the usage4
of mobile electronic devices as a method of providing proof of insurance; to5
authorize the commissioner of the Department of Public Safety and Corrections to6
compel a motor vehicle operator to provide a paper copy of proof insurance; to7
provide relative to a court's authority to compel a motor vehicle operator to provide8
a paper copy of proof of insurance; and to provide for related matters.9
Be it enacted by the Legislature of Louisiana:10
Section 1. R.S. 32:851, 862(B)(1), (G)(1) and (3), and (H), 863(B)(1),11
863.1(A)(1)(a)(introductory paragraph) and (G)(1), and 874(B)(2) are hereby amended and12
reenacted and R.S. 32:862(I) and (J) and 874(C) are hereby enacted to read as follows: 13
§851. Definitions14
The following words and phrases, when used in this Chapter, shall, for the15
purposes of this Chapter, have the meanings respectively ascribed to them in this16
Section, except in those instances where the context clearly indicates a different17
meaning:18
(1) "Commissioner"--The term "Commissioner" means the Department of19
Public Safety and Corrections. 20 HLS 12RS-2017 ENGROSSED
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(2) "Judgment"--Any means any judgment which shall have become final by1
expiration without appeal of the time within which a suspensive appeal might have2
been perfected or by final affirmation on appeal, rendered by a court of competent3
jurisdiction of any state or of the United States, upon a cause of action arising out of4
the ownership, maintenance, or use of any motor vehicle, for damages, including5
damages for care and loss of services, because of bodily injury to or death of any6
person, or for damages because of injury to or destruction of property including the7
loss of use thereof, or upon a cause of action on an agreement of settlement for such8
damages. 9
(3) "License"--Any means any license, temporary instruction permit, or10
temporary license issued under the laws of this state pertaining to the licensing of11
persons to operate motor vehicles. 12
(4) "Mobile electronic device" means any small handheld computing or13
communications device that has a display screen with touch input or a miniature14
keyboard.15
(4) (5) "Motor vehicle"--Every means every self-propelled vehicle (except16
traction engines; road rollers, farm tractors, tractor cranes, power shovels and well17
drillers) and every vehicle which is propelled by electric power obtained from18
overhead wires but not operated upon rails. 19
(5) (6) "Non-resident Nonresident" --Every means every person who is not20
a resident of this state; but does not include persons dwelling outside of this state21
whose occupation or business requires them to spend one-half or more of their22
working hours in this state in pursuance of their business or employment. 23
(6) (7) "Non-resident's Nonresident's operating privileges"--The means the24
privilege conferred upon a non-resident nonresident by the laws of this state25
pertaining to the operation by him of a motor vehicle, or the use of a motor vehicle26
owned by him, in this state. 27
(7) (8) "Operator"--Every means every person who is in actual physical28
control of a motor vehicle. 29 HLS 12RS-2017 ENGROSSED
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(8) (9) "Owner"--Every means every person who holds the legal title to a1
motor vehicle or in the event a motor vehicle is the subject of an agreement for the2
conditional sale, lease, or transfer of the possession, however, thereof, with the right3
of purchase upon performance of the condition stated in the agreement and with an4
immediate right of possession vested in the conditional vendee, lessee, possessor, or5
in the event such or similar transaction is had by means of a mortgage, and the6
mortgagor of a vehicle is entitled to possession, then such conditional vendee, lessee,7
possessor, or mortgagor shall be deemed the owner for the purpose of this Chapter.8
(9) (10) "Person"--Every means every natural person, firm, co-partnership,9
association, or corporation. 10
(10) (11) "Proof of financial responsibility" means proof of ability to respond11
in damages for liability, on account of accidents occurring subsequent to the12
effective date of the proof, arising out of the ownership, maintenance, or use of a13
motor vehicle in the amounts specified in R.S. 32:872 in reference to the acceptable14
limits of a policy or bond. 15
(11) (12) "Registration"--Registration includes a registration certificate or16
certificates and registration plates issued under the laws of this state pertaining to the17
registration of motor vehicles. 18
(12) (13) "State"--Any means any state, territory, or possession of the United19
States, the District of Columbia, or any province of the Dominion of Canada. 20
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§862. Proof of compliance22
* * *23
B.(1) The commissioner shall adopt rules to implement the provisions of this24
Section. The rules shall provide that documentation of insurance or other security25
shall be required for proof of compliance. The rules shall require that the original,26
or a photocopy or an image displayed on a mobile electronic device, or a copy of one27
of the following documents be produced as documentation of insurance: an28
insurance card; an insurance policy; or the declarations page of the insurance policy29 HLS 12RS-2017 ENGROSSED
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showing coverages. The rules shall require insurance and security companies to1
issue cards or similar documents, or an image of the card or similar documents2
capable of being displayed on a mobile electronic device, which indicate the3
existence of insurance or security coverage, may establish the form for the cards or4
similar documents, and may establish the form for the written declarations required5
by this Section.6
* * *7
G. The prohibited actions and penalties for violations thereof are as follows:8
(1) No person shall provide false or fraudulent information, documentation,9
or images or documents or make false or fraudulent representations in connection10
with any application for the registration of a motor vehicle, or for a renewal of a11
registration of a motor vehicle, or for a motor vehicle inspection certificate, or for12
a driver's license.13
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(3) No person shall alter or counterfeit any card or similar document , or15
produce or use a false or fraudulent image on a mobile electronic device used to16
show proof of compliance.17
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H. No action taken by any person, whether private citizen or public officer19
or employee, with regard to any license, registration, or inspection certificate, or with20
regard to any document or electronic image which indicates compliance with this21
Part, shall create a presumption of the existence of insurance coverage, or be22
construed by any court as a warranty of the reliability or accuracy of the document23
or electronic image, or create any liability on the part of the state, or on the part of24
any department, office, or agency of the state, or on the part of any officer,25
employee, or agent of the state.26
I. The display of an image of the insurance card on a mobile electronic27
device shall not serve as consent for a law enforcement officer, or any other person,28 HLS 12RS-2017 ENGROSSED
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to access other contents of the mobile electronic device in any manner other than to1
verify the image of the insurance card.2
J.(1) A court of competent jurisdiction may require a person to produce a3
paper copy of the insurance identification card in any hearing or trial or in4
connection with discovery.5
(2) The commissioner may require a person to produce a paper copy of the6
insurance identification card in connection with any inquiry or transaction conducted7
by, or on behalf of, the commissioner.8
§863. Sanctions for false declaration; reinstatement fees; revocation of registration;9
review10
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B. The sanctions of Paragraph (A)(1) of this Section shall not be imposed,12
and any fine, fee, or other monetary sanction which has been remitted to the13
secretary pursuant to the sanctions of this Section, specifically including any14
reinstatement fee paid pursuant to Paragraph (A)(3) of this Section and any fee paid15
pursuant to Paragraph (D)(5) of this Section, shall be promptly refunded by the16
secretary to the person who paid it, if the owner or lessee furnishes any of the17
following:18
(1) An original, a photocopy, or an image of the card that is displayed on a19
mobile electronic device, or photocopy of a Louisiana auto insurance identification20
card showing that the required security is in effect on the vehicle and has been21
continuous without lapse or an original or photocopy of any written communication22
from an insurer either to the insured or to the secretary stating that the required23
security is in effect on the vehicle and has been continuous without lapse, any one24
of which shall constitute sufficient evidence that the required security on the vehicle25
has not lapsed.26
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§863.1. Evidence of compulsory motor vehicle liability security contained in1
vehicle; enforcement; penalty; fees2
A. No owner or lessee of a self-propelled motor vehicle registered in this3
state, except a motor vehicle used primarily for exhibit or kept primarily for use in4
parades, exhibits, or shows, or agricultural or forest use vehicles during seasons5
when they are not used on the highways, shall operate or allow the operation of such6
vehicle upon any public road, street, or highway in this state unless there is contained7
within the vehicle one of the following documents evidencing that the motor vehicle8
is in compliance with R.S. 32:861 relative to compulsory motor vehicle liability9
security:10
(1) A certificate of insurance. "Certificate" means the written evidence of11
motor vehicle liability insurance as defined in R.S. 32:900 that is in the form of one12
of the following:13
(a) An insurance identification card, a photocopy of the card, or an image of14
the card displayed on a mobile electronic device, issued by an insurer to its insured15
which shall contain the following information:16
* * *17
G. The only acceptable means of proof of a valid and current policy of18
insurance shall be one of the following:19
(1) The insurance identification card, a photocopy of the card, or an image20
of the card that is displayed on a mobile electronic device, declaration page, or policy21
issued by the insurer.22
* * *23
§874. Duration of suspension, revocation, or withdrawal; reinstatement fees24
* * *25
B.26
* * *27
(2) Proof of coverage in this Section shall include an original or photocopy28
of a Louisiana auto insurance identification card, or an image of the card that is29 HLS 12RS-2017 ENGROSSED
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displayed on a mobile electronic device, showing that the required security is in1
effect on the vehicle and has been continuous without lapse or an original or2
photocopy of any written communication from an insurer either to the insured or to3
the secretary stating that the required security is in effect on the vehicle and has been4
continuous without lapse. The original or photocopy of either the insurance card, or5
an image of the card that is displayed on a mobile electronic device, or the written6
communication specified above shall constitute sufficient proof of coverage in this7
Section and, upon receipt of any of these documents, the license shall be reinstated8
provided all other requirements have been met. No reinstatement fee shall be9
charged when proof of coverage is provided, and any reinstatement fee which has10
been paid shall be refunded.11
C. The commissioner may require a person to produce a paper copy of the12
insurance identification card in connection with any inquiry or transaction conducted13
by, or on behalf of, the commissioner.14
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)]
Cromer HB No. 1130
Abstract: Allows for the inclusion of images provided by mobile electronic devices as a
means of providing proof of insurance.
Present law requires automobile liability insurance on all motor vehicles used for operation
in this state in amount of no less than $15,000 because of bodily injury to or death of one
person; $30,000 because of bodily injury or death of two or more persons; and $25,000
because of damage to or destruction of property of others in any one accident.
Proposed law retains present law.
Present law requires that operators of motor vehicles maintain proof of compliance with the
minimum liability requirements of present law and be able to show proof of such compliance
by presenting the original or a copy of the insurance card, insurance policy, or insurance
policy declaration page which covers the motor vehicle.
Proposed law retains present law and further extends present law to include the usage of a
displayed image on a mobile electronic device to show proof of compliance with the
minimum liability requirements of present law.
Proposed law defines "mobile electronic device" as any small, handheld computing or
communications device that has a display screen with touch input or a miniature keyboard. HLS 12RS-2017 ENGROSSED
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Proposed law provides that the display of an image of proof of insurance on a mobile
electronic device shall not constitute consent for a law enforcement officer or any other
person to access any other part of the mobile electronic device.
Proposed law provides that a court of competent jurisdiction may compel a motor vehicle
operator to provide a paper copy of the proof of insurance.
Proposed law provides that the commissioner of the Dept. of Public Safety and Corrections
may compel a motor vehicle operator to provide a paper copy of the proof of insurance.
(Amends R.S. 32:851, 862(B)(1), (G)(1) and (3), and (H), 863(B)(1),
863.1(A)(1)(a)(intro.para.) and (G)(1), and 874(B)(2); Adds R.S. 32:862(I) and (J) and
874(C))