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ACT No. 824
Regular Session, 2012
HOUSE BILL NO. 1130
BY REPRESENTATIVES CROMER AND JAMES
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 of 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
(2) "Judgment"--Any means any judgment which shall have become final by21
expiration without appeal of the time within which a suspensive appeal might have22
been perfected or by final affirmation on appeal, rendered by a court of competent23
jurisdiction of any state or of the United States, upon a cause of action arising out of24
the ownership, maintenance, or use of any motor vehicle, for damages, including25
damages for care and loss of services, because of bodily injury to or death of any26 ENROLLEDHB NO. 1130
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person, or for damages because of injury to or destruction of property including the1
loss of use thereof, or upon a cause of action on an agreement of settlement for such2
damages. 3
(3) "License"--Any means any license, temporary instruction permit, or4
temporary license issued under the laws of this state pertaining to the licensing of5
persons to operate motor vehicles. 6
(4) "Mobile electronic device" means any small handheld computing or7
communications device that has a display screen with touch input or a miniature8
keyboard.9
(4) (5) "Motor vehicle"--Every means every self-propelled vehicle (except10
traction engines, road rollers, farm tractors, tractor cranes, power shovels, and well11
drillers) and every vehicle which is propelled by electric power obtained from12
overhead wires but not operated upon rails. 13
(5) (6) "Non-resident Nonresident" --Every means every person who is not14
a resident of this state but does not include persons dwelling outside of this state15
whose occupation or business requires them to spend one-half or more of their16
working hours in this state in pursuance of their business or employment. 17
(6) (7) "Non-resident's Nonresident's operating privileges"--The means the18
privilege privileges conferred upon a non-resident nonresident by the laws of this19
state pertaining to the operation by him of a motor vehicle, or the use of a motor20
vehicle owned by him, in this state. 21
(7) (8) "Operator"--Every means every person who is in actual physical22
control of a motor vehicle. 23
(8) (9) "Owner"--Every means every person who holds the legal title to a24
motor vehicle or in the event a motor vehicle is the subject of an agreement for the25
conditional sale, lease, or transfer of the possession, however, thereof, with the right26
of purchase upon performance of the condition stated in the agreement and with an27
immediate right of possession vested in the conditional vendee, lessee, possessor, or28
in the event such or similar transaction is had by means of a mortgage, and the29 ENROLLEDHB NO. 1130
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mortgagor of a vehicle is entitled to possession, then such conditional vendee, lessee,1
possessor, or mortgagor shall be deemed the owner for the purpose of this Chapter.2
(9) (10) "Person"--Every means every natural person, firm, co-partnership,3
association, or corporation. 4
(10) (11) "Proof of financial responsibility" means proof of ability to respond5
in damages for liability, on account of accidents occurring subsequent to the6
effective date of the proof, arising out of the ownership, maintenance, or use of a7
motor vehicle in the amounts specified in R.S. 32:872 in reference to the acceptable8
limits of a policy or bond. 9
(11) (12) "Registration"--Registration includes a registration certificate or10
certificates and registration plates issued under the laws of this state pertaining to the11
registration of motor vehicles. 12
(12) (13) "State"--Any means any state, territory, or possession of the United13
States, the District of Columbia, or any province of the Dominion of Canada. 14
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§862. Proof of compliance16
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B.(1) The commissioner shall adopt rules to implement the provisions of this18
Section. The rules shall provide that documentation of insurance or other security19
shall be required for proof of compliance. The rules shall require that the original,20
a photocopy, or an image displayed on a mobile electronic device, or a copy of one21
of the following documents be produced as documentation of insurance: an22
insurance card; an insurance policy; or the declarations page of the insurance policy23
showing coverages. The rules shall require insurance and security companies to24
issue cards or similar documents, or an image of the card or similar documents25
capable of being displayed on a mobile electronic device, which indicate the26
existence of insurance or security coverage, may establish the form for the cards or27
similar documents, and may establish the form for the written declarations required28
by this Section.29
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G. The prohibited actions and penalties for violations thereof are as follows:1
(1) No person shall provide false or fraudulent information, documentation,2
or images or documents or make false or fraudulent representations in connection3
with any application for the registration of a motor vehicle, or for a renewal of a4
registration of a motor vehicle, or for a motor vehicle inspection certificate, or for5
a driver's license.6
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(3) No person shall alter or counterfeit any card or similar document , or8
produce or use a false or fraudulent image on a mobile electronic device, used to9
show proof of compliance.10
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H. No action taken by any person, whether private citizen or public officer12
or employee, with regard to any license, registration, or inspection certificate, or with13
regard to any document or electronic image which indicates compliance with this14
Part, shall create a presumption of the existence of insurance coverage, or be15
construed by any court as a warranty of the reliability or accuracy of the document16
or electronic image, or create any liability on the part of the state, or on the part of17
any department, office, or agency of the state, or on the part of any officer,18
employee, or agent of the state.19
I. The display of an image of the insurance card on a mobile electronic20
device shall not serve as consent for a law enforcement officer, or any other person,21
to access other contents of the mobile electronic device in any manner other than to22
verify the image of the insurance card.23
J.(1) A court of competent jurisdiction may require a person to produce a24
paper copy of the insurance identification card in any hearing or trial or in25
connection with discovery.26
(2) The commissioner may require a person to produce a paper copy of the27
insurance identification card in connection with any inquiry or transaction conducted28
by, or on behalf of, the commissioner.29 ENROLLEDHB NO. 1130
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§863. Sanctions for false declaration; reinstatement fees; revocation of registration;1
review2
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B. The sanctions of Paragraph (A)(1) of this Section shall not be imposed,4
and any fine, fee, or other monetary sanction which has been remitted to the5
secretary pursuant to the sanctions of this Section, specifically including any6
reinstatement fee paid pursuant to Paragraph (A)(3) of this Section and any fee paid7
pursuant to Paragraph (D)(5) of this Section, shall be promptly refunded by the8
secretary to the person who paid it, if the owner or lessee furnishes any of the9
following:10
(1) An original, a photocopy, or an image of the card that is displayed on a11
mobile electronic device or photocopy of a Louisiana auto insurance identification12
card showing that the required security is in effect on the vehicle and has been13
continuous without lapse or an original or photocopy of any written communication14
from an insurer either to the insured or to the secretary stating that the required15
security is in effect on the vehicle and has been continuous without lapse, any one16
of which shall constitute sufficient evidence that the required security on the vehicle17
has not lapsed.18
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§863.1. Evidence of compulsory motor vehicle liability security contained in20
vehicle; enforcement; penalty; fees21
A. No owner or lessee of a self-propelled motor vehicle registered in this22
state, except a motor vehicle used primarily for exhibit or kept primarily for use in23
parades, exhibits, or shows, or agricultural or forest use vehicles during seasons24
when they are not used on the highways, shall operate or allow the operation of such25
vehicle upon any public road, street, or highway in this state unless there is contained26
within the vehicle one of the following documents evidencing that the motor vehicle27
is in compliance with R.S. 32:861 relative to compulsory motor vehicle liability28
security:29 ENROLLEDHB NO. 1130
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(1) A certificate of insurance. "Certificate" means the written evidence of1
motor vehicle liability insurance as defined in R.S. 32:900 that is in the form of one2
of the following:3
(a) An insurance identification card, a photocopy of the card, or an image of4
the card displayed on a mobile electronic device, issued by an insurer to its insured5
which shall contain the following information:6
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G. The only acceptable means of proof of a valid and current policy of8
insurance shall be one of the following:9
(1) The insurance identification card, a photocopy of the card, or an image10
of the card that is displayed on a mobile electronic device, declaration page, or policy11
issued by the insurer.12
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§874. Duration of suspension, revocation, or withdrawal; reinstatement fees14
* * *15
B.16
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(2) Proof of coverage in this Section shall include an original or photocopy18
of a Louisiana auto insurance identification card, or an image of the card that is19
displayed on a mobile electronic device, showing that the required security is in20
effect on the vehicle and has been continuous without lapse or an original or21
photocopy of any written communication from an insurer either to the insured or to22
the secretary stating that the required security is in effect on the vehicle and has been23
continuous without lapse. The original or photocopy of either the insurance card, or24
an image of the card that is displayed on a mobile electronic device, or the written25
communication specified above shall constitute sufficient proof of coverage in this26
Section and, upon receipt of any of these documents, the license shall be reinstated27
provided all other requirements have been met. No reinstatement fee shall be28
charged when proof of coverage is provided, and any reinstatement fee which has29
been paid shall be refunded.30 ENROLLEDHB NO. 1130
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C. The commissioner may require a person to produce a paper copy of the1
insurance identification card in connection with any inquiry or transaction conducted2
by, or on behalf of, the commissioner.3
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: