HLS 12RS-267 ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2012
HOUSE BILL NO. 840
BY REPRESENTATIVE THOMPSON
CHILDREN/SUPPORT: Provides relative to suspension of licenses for failure to pay child
support obligations
AN ACT1
To amend and reenact R.S. 9:315.33(C) and 315.35 and to enact R.S. 9:315.37, relative to2
the suspension of licenses for failure to pay child support; to provide for continued3
jurisdiction of the court; to provide for conflicts; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 9:315.33(C) and 315.35 are hereby amended and reenacted and R.S.6
9:315.37 is hereby enacted to read as follows: 7
§315.33. Suspension of license; notice of suspension from licensing board;8
temporary license9
* * *10
C. Upon being presented with a court order of partial compliance and at the11
request of an obligor whose motor vehicle operator's license, permit, or privilege has12
been suspended under this Subpart, the office of motor vehicles may shall issue the13
obligor a temporary license valid for a period not to exceed one hundred twenty days14
or for such other period as the court orders, provided no other cause for suspension15
of the license exists.16
* * *17
§315.35. Reissuance of license18
A. A board shall issue, reissue, renew, or otherwise extend an obligor's or19
other individual's license in accordance with the board's rules upon receipt of a20 HLS 12RS-267 ORIGINAL
HB NO. 840
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
certified copy of an order of compliance from the court currently exercising1
jurisdiction over the matter, provided that the prior court-ordered suspension, or2
department-ordered suspension pursuant to Subpart D of this Part, was the sole cause3
of the suspension.4
B. After receipt of an order of compliance and if no other cause for5
suspension exists, the board may shall waive any all of its applicable requirements6
for issuance, reissuance, renewal, or extension if it determines that the imposition of7
that requirement places an undue burden on the person and that waiver of the8
requirement is consistent with the public interest.9
C. If the board determines that a cause for suspension other than the court-10
ordered suspension or department-ordered suspension exists after receipt of an order11
of compliance, the board shall provide written reasons to the obligor for the12
continued suspension of the license.13
* * *14
§315.37. Continued jurisdiction of court; conflicts15
The provisions of this Subpart shall supersede the provisions of Subpart D16
of this Part relative to the authority of the court currently exercising jurisdiction over17
the matter to reinstate or suspend a particular license of an obligor based on the18
payment or failure to pay a child support obligation, and the determination to19
continue the suspension or to reinstate the license shall remain within the sole20
supervisory jurisdiction of the court currently exercising jurisdiction over the matter.21
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)]
Thompson HB No. 840
Abstract: Provides for the continued jurisdiction of the court relative to the reinstatement
and suspension of licenses for failure to pay child support.
Present law provides that upon being presented with a court order of partial compliance, the
office of motor vehicles may issue the obligor a temporary license valid for a period not to
exceed 120 days. HLS 12RS-267 ORIGINAL
HB NO. 840
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law requires the office of motor vehicles to issue the obligor a temporary license
for such period as the court orders, provided that no other cause for suspension of the license
exists.
Present law requires a board to issue, reissue, or renew an obligor's license in accordance
with the board's rules upon receipt of a certified copy of an order of compliance from the
court, and provides that the board may waive any of its requirements for reissuance,
provided that the board determines that waiver of its requirements is consistent with the
public interest.
Proposed law requires the board to issue, reissue, or renew, an obligor's license and to waive
all of its requirements regardless of the board's rules or the board's determination of the
public interest, provided the court- or department-ordered suspension was the sole cause of
the suspension.
Proposed law requires the board to provide written reasons to the obligor for the continued
suspension of the license.
Proposed law provides that provisions of present law and proposed law relative to judicial
suspensions shall supersede the provisions of present law relative to administrative
suspensions, and provides that the authority of the court to judicially suspend or reinstate
licenses shall remain within the sole supervisory jurisdiction of the court currently exercising
jurisdiction over the matter.
(Amends R.S. 9:315.33(C) and 315.35; Adds R.S. 9:315.37)