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ACT No. 807
Regular Session, 2014
HOUSE BILL NO. 1252
BY REPRESENTATIVE FOIL AND SENATOR THOMPSON
AN ACT1
To amend and reenact R.S. 32:412(A)(1), (2), (3), (4)(a) and (b)(introductory paragraph),2
(5), (6), (7)(a) and (b)(introductory paragraph), (B)(1), (2), (5), (7)(a)(i) and3
(ii)(introductory paragraph), (b)(i) and (ii)(introductory paragraph), (c)(i) and4
(ii)(introductory paragraph), (d)(i) and (ii)(introductory paragraph), (e)(i)(aa),5
(bb)(introductory paragraph), (cc), (dd), and (ee), and (ii)(aa), (cc),(dd) and (ee) and6
(C), 32:412.1 (A)(introductory paragraph), (B), (C), and (D), and 32:429(A), to enact7
R.S. 32:412.1(E) and 412.3, and to repeal R.S. 32:412.1(A)(1), relative to the8
duration of driver's licenses; to provide that driver's licenses be renewed every six9
years; to provide for fees; to provide for the distribution of revenue; to create and10
provide for special funds; and to provide for related matters.11
Be it enacted by the Legislature of Louisiana:12
Section 1. 32:412(A)(1), (2), (3), (4)(a) and (b)(introductory paragraph), (5), (6),13
(7)(a) and (b)(introductory paragraph), (B)(1), (2), (5), (7)(a)(i) and (ii)(introductory14
paragraph), (b)(i) and (ii)(introductory paragraph), (c)(i) and (ii)(introductory paragraph),15
(d)(i) and (ii)(introductory paragraph), (e)(i)(aa), (bb)(introductory paragraph), (cc), (dd),16
(ee), and (ii)(aa), (cc), (dd), and (ee) and (C), 32:412.1(A)(introductory paragraph), (B), (C),17
and (D), and 32:429(A) are hereby amended and reenacted and R.S. 32:412.1(E) and 412.318
are hereby enacted to read as follows:19
§412. Amount of fees; credit or refund; duration of license; veteran designation;20
"I'm a Cajun" designation; disbursement of funds; renewal by mail or21
electronic commerce of Class "D" or "E" drivers' licenses; disposition of22
certain fees; exception23
A.(1) Every applicant for a Class "D" driver's license, or for a renewal of a24
Class "D" driver's license, except those bona fide residents of the city of New25 ENROLLEDHB NO. 1252
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Orleans, shall pay for such basic license a fee of twenty-eight dollars and fifty cents1
forty-two dollars and seventy-five cents. Seven dollars and forty three cents Eleven2
dollars and fifteen cents of the fee shall be paid to the State Police Pension and3
Retirement Fund Louisiana State Police Retirement System Fund. One dollar and4
fifty cents of the fee shall be forwarded by the department to the litter abatement and5
education account which is created with the Conservation Fund through the6
provisions of R.S. 56:10(B)(15). 7
(2) The fee for Class "D" driver's licenses, or renewal of a Class "D" driver's8
license, issued to bona fide residents of the city of New Orleans shall be thirty-six9
dollars fifty-four dollars, ten dollars fifteen dollars of which shall be payable by the10
department to the board of trustees of the police pension fund of the city of New11
Orleans. One dollar and twenty three cents eighty-four cents of the fee shall be paid12
to the State Police Pension and Retirement Fund Louisiana State Police Retirement13
System Fund. One dollar and fifty cents of fee shall be forwarded by the department14
to the litter abatement and education account which is created within the15
Conservation Fund through the provisions of R.S. 56:10(B)(15). 16
(3) There shall be a fee of five dollars seven dollars and fifty cents for an17
emergency vehicle endorsement for any vehicle group.18
(4)(a) A Class "D" driver's license shall expire on the anniversary of the19
birthday of the applicant which is nearest to a period of four six years subsequent to20
the issuing of the license, unless suspended, revoked, or canceled prior to that time.21
(b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph,22
the department may issue the license for a period of less than four six years in23
circumstances of medical limitation, limitation on lawful presence, or other special24
restrictions. When the department issues a license to a properly documented alien25
student or nonresident alien, the license shall both:26
* * *27
(5) Every applicant for a Class "E" driver's license, or for a renewal of a28
Class "E" driver's license, except those bona fide residents of the city of New29
Orleans, shall pay for such basic license a fee of thirteen dollars and fifty cents30 ENROLLEDHB NO. 1252
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twenty dollars and twenty- five cents, which shall be the cost of such basic license.1
Three dollars and seventy-five cents Five dollars and sixty-three cents of the fee shall2
be paid to the State Police Pension and Retirement Fund Louisiana State Police3
Retirement System Fund. One dollar and fifty cents of the fee shall be forwarded by4
the department to the litter abatement and education account which is created within5
the Conservation Fund through the provisions of R.S. 56:10(B)(15). 6
(6) The fee for a Class "E" driver's license, or renewal of a Class "E" driver's7
license, issued to bona fide residents of the city of New Orleans shall be thirteen8
dollars and fifty cents, two dollars and fifty cents twenty dollars and twenty-five9
cents, three dollars and seventy-five cents of which fee shall be paid by the10
department to the board of trustees of the police pension funds of the city of New11
Orleans. Two dollars and fifty cents Three dollars and seventy-five cents of the fee12
shall be paid to the State Police Pension and Retirement Fund Louisiana State Police13
Retirement System Fund. One dollar and fifty cents of the fee shall be forwarded by14
the department to the litter abatement and education account which is created within15
the Conservation Fund through the provisions of R.S. 56:10(B)(15).16
(7)(a) A Class "E" driver's license shall expire on the anniversary of the17
birthday of the applicant which is nearest to a period of four six years subsequent to18
the issuing of the license, unless suspended, revoked, or canceled.19
(b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph,20
the department may issue the license for a period of less than four six years in21
circumstances of medical limitation, limitation on lawful presence, or other special22
restrictions. When the department issues a license to a properly documented alien23
student or nonresident alien, the license shall both:24
* * *25
B.(1) Every applicant for a Class "A", "B", or "C" commercial driver's26
license, or for a renewal of a basic Class "A", "B", or "C" commercial driver's27
license, except for those bona fide residents of the city of New Orleans, shall pay for28
such basic license a fee of forty-one dollars. Ten dollars and eighty cents sixty-one29
dollars and fifty cents. Sixteen dollars and twenty cents of the fee shall be paid to30 ENROLLEDHB NO. 1252
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the State Police Pension and Retirement Fund Louisiana State Police Retirement1
System Fund. One dollar and fifty cents of the fee shall be forwarded by the2
department to the litter abatement and education account which is created within the3
Conservation Fund through the provisions of R.S. 56:10(B)(15).4
(2) The fee for a basic Class "A", "B", or "C" commercial driver's license,5
or for the renewal of a basic Class "A", "B", or "C" commercial driver's license,6
issued to bona fide residents of the city of New Orleans shall be fifty one dollars, ten7
seventy-six dollars and fifty cents, fifteen dollars of which fee shall be paid by the8
department to the board of trustees of the police pension fund of the city of New9
Orleans. Ten Fifteen dollars of the fee shall be paid to the State Police Pension and10
Retirement Fund Louisiana State Police Retirement System Fund. One dollar and11
fifty cents of the fee shall be forwarded by the department to the litter abatement and12
education account which is created with the Conservation Fund through the13
provisions of R.S. 56:10(B)(15).14
* * *15
(5) There shall be a fee of five dollars seven dollars and fifty cents for each16
endorsement to the basic licenses listed in R.S. 32:408(B).17
* * *18
(7)(a)(i) A Class "C" commercial driver's license not carrying an19
endorsement permitting the transportation of material found to be hazardous for20
purposes of the Federal Hazardous Material Act, 49 United States Code21
Transportation Act, 49 USC 5101 et seq. or under state law or regulation shall expire22
on the anniversary of the birthday of the applicant which is nearest to a date of four23
six years subsequent to the issuing of the license, unless revoked, canceled, or24
suspended prior to that time.25
(ii) Notwithstanding the provisions of Item (i) of this Subparagraph, the26
department may issue the license for a period of less than four six years in27
circumstances of medical limitations, limitation on lawful presence, or other special28 ENROLLEDHB NO. 1252
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restrictions. When the department issues a license to a properly documented alien1
student or nonresident alien, the license shall both:2
* * *3
(b)(i) A Class "C" commercial driver's license carrying an endorsement4
permitting the transportation of materials found to be hazardous for purposes of the5
Federal Hazardous Material Act, 49 United States Code Transportation Act, 49 USC6
5101 et seq. or under state law or regulation shall expire on the anniversary of the7
birthday of the applicant which is nearest to a date of four six years subsequent to the8
issuing of the license, unless revoked, canceled, or suspended prior to that time.9
(ii) Notwithstanding the provisions of Item (i) of this Subparagraph, the10
department may issue the license for a period of less than four six years in11
circumstances of medical limitation, limitation on lawful presence, or other special12
restrictions. When the department issues a license to a properly documented alien13
student or nonresident alien, the license shall both:14
* * *15
(c)(i) A Class "B" commercial driver's license shall expire on the anniversary16
of the birthday of the applicant which is nearest to a date of four six years subsequent17
to the issuing of the license, unless revoked, canceled, or suspended prior to that18
time.19
(ii) Notwithstanding the provisions of Item (i) of this Subparagraph, the20
department may issue the license for a period of less than four six years in21
circumstances of medical limitation, limitation on lawful presence, or other special22
restrictions. When the department issues a license to a properly documented alien23
student or nonresident alien, the license shall both:24
* * *25
(d)(i) A Class "A" commercial driver's license shall expire on the26
anniversary of the birthday of the applicant which is nearest to a date of four six27
years subsequent to the issuing of the license, unless revoked, canceled, or suspended28
prior to that time.29 ENROLLEDHB NO. 1252
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(ii) Notwithstanding the provisions of Item (i) of this Subparagraph, the1
department may issue the license for a period of less than four six years in2
circumstances of medical limitation, limitation on lawful presence, or other special3
restrictions. When the department issues a license to a properly documented alien4
student or nonresident alien, the license shall both:5
* * *6
(e)(i)(aa) Every applicant seventy years of age or older for a Class "E"7
driver's license, or for the renewal of a Class "E" driver's license, except those bona8
fide residents of the city of New Orleans, shall pay for such basic license a fee of9
four dollars and fifty cents six dollars and seventy-five cents, which shall be the cost10
of the license. The license shall expire on the anniversary of the birthday of the11
applicant which is nearest to a date of four six years subsequent to the issuing of the12
license, unless revoked, canceled, or suspended.13
(bb) Notwithstanding the provisions of R.S. 32:412(B)(7)(e)(i)(aa) Subitem14
(aa) of this Item, the department may issue the license for a period of less than four15
six years in circumstances of medical limitation, limitation on lawful presence, or16
other special restrictions. When the department issues a license to a properly17
documented alien student or nonresident alien, the license shall both:18
* * *19
(cc) Fifty cents Seventy-five cents of the fee shall be paid to the office of20
state police. One dollar and fifty cents Two dollars and seventy-five cents of the fee21
shall be paid to the State Police Pension and Retirement Fund Louisiana State Police22
Retirement System Fund. One dollar and fifty cents of the fee shall be forwarded by23
the department to the litter abatement and education account which is created within24
the Conservation Fund through the provisions of R.S. 56:10(B)(15).25
(dd)(I) Every applicant seventy years of age or older for a Class "D" driver's26
license, or for the renewal of a Class "D" driver's license, except those bona fide27
residents of the city of New Orleans, shall pay for such basic license a fee of fourteen28
dollars and seventy-five cents twenty-two dollars and thirteen cents, which shall be29
the cost of the license. The license shall expire on the anniversary of the birthday of30 ENROLLEDHB NO. 1252
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the applicant which is nearest to the date of four six years subsequent to the issuing1
of the license, unless revoked, canceled, or suspended.2
(II) Notwithstanding the provisions of R.S. 32:412(B)(7)(e)(i)(dd)(I)3
Subsubitem (I) of this Subitem, the department may issue the license for a period of4
less than four six years in circumstances of medical limitation, limitation on lawful5
presence, or other special restriction. When the department issues a license to a6
properly documented alien student or nonresident alien, the license shall both expire7
on the date for which the alien's immigration documents expire, if sooner than the8
date specified in Subsubitem (I) of this Subitem, and contain a restriction code which9
declares that the license holder is an alien student or a nonresident alien.10
(ee) Three dollars and seventy-one cents Five dollars and fifty-six cents of11
the fee shall be paid to the State Police Pension and Retirement Fund Louisiana State12
Police Retirement System Fund. One dollar and fifty cents of the fee shall be13
forwarded by the department to the litter abatement and education account which is14
created within the Conservation Fund through the provisions of R.S. 56:10(B)(15).15
(ii)(aa) Every applicant seventy years of age or older for a Class "E" driver's16
license, or for the renewal of a Class "E" driver's license, issued to bona fide17
residents of the city of New Orleans, shall pay for such basic license a fee of four18
dollars and fifty cents six dollars and seventy-five cents, which shall be the cost of19
the license. This license shall expire on the anniversary of the birthday of the20
applicant which is nearest to the date of four six years subsequent to the issuing of21
the license, unless revoked, canceled, or suspended.22
* * *23
(cc) One dollar and fifty cents of the fee shall be paid to the Board of24
Trustees of the Police Pension Fund of the city of New Orleans. One dollar and fifty25
cents of the fee shall be paid to the State Police Pension and Retirement Fund26
Louisiana State Police Retirement System Fund. One dollar and fifty cents of the fee27
shall be forwarded by the department to the litter abatement and education account28
which is created within the Conservation Fund through the provisions of R.S.29
56:10(B)(15).30 ENROLLEDHB NO. 1252
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(dd)(I) Every applicant seventy years of age or older for a Class "D" driver's1
license, or for the renewal of a Class "D" driver's license, issued to bona fide2
residents of the city of New Orleans, shall pay for such basic license a fee of3
eighteen dollars and fifty cents twenty-seven dollars and seventy-five cents, which4
shall be the cost of the license. This license shall expire on the anniversary of the5
birthday of the applicant which is nearest to the date of four six years subsequent to6
the issuing of the license, unless revoked, canceled, or suspended.7
(II) Notwithstanding the provisions of R.S. 32:412(B)(7)(e)(ii)(dd)(I)8
Subsubitem (I) of this Subitem, the department may issue the license for a period of9
less than four six years in circumstances of medical limitation, limitation on lawful10
presence, or other special restriction. When the department issues a license to a11
properly documented alien student or nonresident alien, the license shall both expire12
on the date for which the alien's immigration documents expire, if sooner than the13
date specified in Subsubitem (I) of this Subitem, and contain a restriction code which14
declares that the license holder is an alien student or a nonresident alien. 15
(ee) Five dollars Seven dollars and fifty cents of the fee shall be payable by16
the department to the board of trustees of the police pension fund of the city of New17
Orleans. Sixty-one cents Ninety-two cents of the fee shall be paid to the State Police18
Pension and Retirement Fund Louisiana State Police Retirement System Fund. One19
dollar and fifty cents of the fee shall be forwarded by the department to the litter20
abatement and education account which is created within the Conservation Fund21
through the provisions of R.S. 56:10(B)(15).22
* * *23
C.(1) The addition of a motorcycle or motor scooter endorsement to a basic24
license will require, besides the specific examination for such vehicles, the payment25
of an additional fee of eight twelve dollars. If the motorcycle endorsement is to any26
license which is valid for less than four six years, the fee for the endorsement will27
be four six dollars.28
(2) Notwithstanding any provisions of law to the contrary and subject to the29
exceptions contained in Article VII, Section 9(A) of the Constitution of Louisiana,30 ENROLLEDHB NO. 1252
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the amount of five dollars seven dollars and fifty cents from the fee for a motorcycle1
or motor scooter endorsement to a basic license, or the amount of two three dollars2
from the fee if the motorcycle endorsement for any person is to a license that is valid3
for only less than four six years shall be credited to the Bond Security and4
Redemption Fund. After a sufficient amount is allocated from that fund to pay all5
obligations secured by the full faith and credit of the state which become due and6
payable within any fiscal years, the treasurer shall pay an amount equal to the fees7
paid into the Bond Security and Redemption Fund pursuant to this Paragraph into a8
special fund which is hereby created in the state treasury and designated as the9
"Motorcycle Safety, Awareness, and Operator Training Program Fund", hereinafter10
referred to as the "fund". The monies credited to the fund shall be used solely for11
operator training, instructor training, and motorcycle safety and awareness programs.12
Any unexpended and unencumbered monies remaining to the credit of the fund on13
June thirtieth of each year, after all appropriations of the preceding fiscal year have14
been made, shall revert to the state general fund. The monies in the fund shall be15
expended solely from year to year as appropriated by the legislature for the purposes16
of motorcycle safety and awareness and operator training. Any amounts earned17
through investment of the monies in the fund shall revert to the state general fund.18
* * *19
§412.1. Handling charges20
A. Except as provided for in Subsection D E of this Section, the office of21
motor vehicles shall collect, in addition to any fee authorized by law, a handling22
charge of eight dollars for each of the following transactions:23
* * *24
B. Except as provided in Subsection E of this Section, the office of motor25
vehicles shall collect, in addition to any fee authorized by law, a handling charge of26
twelve dollars for each of the following Class D and E driver's license transactions.27
(1) New applications. 28
(2) Renewals. 29
(3) Duplicates. 30 ENROLLEDHB NO. 1252
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(4) Valid without photo. 1
B.C. Additional handling charges of eight dollars may be established by the2
office of motor vehicles upon transactions not specifically named in Subsection3
Subsections A and B of this Section in accordance with procedures in the4
Administrative Procedure Act. 5
C.D. Two Three dollars and seventy-five cents on Class "D" and "E" driver's6
license transactions, and two dollars and fifty cents of the fee charged for all other7
any handling fees charged or collected shall be forwarded to the state treasurer for8
deposit in to the Office of Motor Vehicles Customer Service and Technology Fund9
created pursuant to the provisions of R.S. 32:429.2. 10
D.E. A child who is in foster care, as defined in Article 603 of the Louisiana11
Children's Code, shall not be required to pay the handling fee or other charge in order12
to obtain a driver's license or identification card.13
* * *14
§412.3. Office of Motor Vehicles Driver's License Escrow Fund; Office of Motor15
Vehicles Handling Fee Escrow Fund16
A. There is hereby created, as special funds in the state treasury, the Office17
of Motor Vehicles Driver's License Escrow Fund, and the Office of Motor Vehicles18
Handling Fee Escrow Fund.19
B.(1) After compliance with the requirements of Article VII, Section 9(B)20
of the Constitution of Louisiana relative to the Bond Security and Redemption Fund,21
and after a sufficient amount is allocated from that fund to pay all of the obligations22
secured by the full faith and credit of the state which become due and payable within23
any fiscal year, the treasurer shall pay an amount equal to one third of the monies24
received by the state treasury pursuant to the provisions of R.S. 32:412 into the25
Office of Motor Vehicles Driver's License Escrow Fund. The monies in this fund26
shall be used solely as provided in Subsection D of this Section. All unexpended and27
unencumbered monies in this fund at the end of the fiscal year shall remain in the28
fund to cover under collections in any subsequent fiscal year. The monies in the29 ENROLLEDHB NO. 1252
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fund shall be invested by the state treasurer in the same manner as monies in the state1
general fund and shall be deposited into the state general fund.2
(2) The calculation required under the provisions of Subsection D of this3
Section shall be made prior to the distribution to the board of trustees of the police4
pension funds of the city of New Orleans, the Louisiana State Police Retirement5
System Fund, and the Conservation Fund under the provisions of R.S. 56:10(B)(15).6
C. After compliance with the requirements of Article VII, Section 9(B) of7
the Constitution of Louisiana relative to the Bond Security and Redemption Fund,8
and after a sufficient amount is allocated from that fund to pay all of the obligations9
secured by the full faith and credit of the state which become due and payable within10
any fiscal year, the treasurer shall pay an amount equal to one third of the monies11
received by the state treasury pursuant to the provisions of R.S. 32:412.1 into the12
Office of Motor Vehicles Handling Fee Escrow Fund. The monies in this fund shall13
be used solely as provided in Subsection E of this Section. All unexpended and14
unencumbered monies in this fund at the end of the fiscal year shall remain in the15
fund to cover under collections in any subsequent fiscal year. The monies in the16
fund shall be invested by the state treasurer in the same manner as monies in the state17
general fund and shall be deposited into the state general fund.18
D. Of the monies escrowed in the Office of Motor Vehicles Driver's License19
Escrow Fund, one-half shall be appropriated in Fiscal Years 2020, 2026, and 203220
and one-half shall be appropriated in Fiscal Years 2021, 2027, and 2033.21
E.(1) Of the monies escrowed in the Office of Motor Vehicles Handling Fee22
Escrow Fund, one-half shall be appropriated in Fiscal Years 2020, 2026, and 203223
and one-half shall be appropriated in Fiscal Years 2021, 2027, and 2033.24
(2) Of the monies appropriated under the provisions of this Subsection,25
sixty-eight and seventy-five one-hundredths per cent of the funds shall be allocated26
to self-generated revenue and thirty-one and twenty-five one-hundredths per cent of27
the funds shall be allocated to the Office of Motor Vehicles Customer Service and28
Technology Fund.29
* * *30 ENROLLEDHB NO. 1252
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§429. Office of motor vehicles field offices; authorization of fees1
A.(1) The governing authority of any local governmental subdivision is2
hereby authorized to levy, by resolution, a fee for each service or transaction carried3
out as an operation of an office of motor vehicles field office that is not fully funded4
by the state. Except as provided in Paragraph (2) of this Subsection, the fee shall not5
exceed three dollars four dollars and fifty cents per service or transaction and shall6
be used solely to defray the cost of operations of that local field office, including but7
not limited to facility rental, utilities, and maintenance. The fee shall not be charged8
for the procurement or renewal of a motor vehicle registration license. 9
(2) The fee provided for in Paragraph (1) of this Subsection may be levied10
in an amount not to exceed four six dollars by the local governing authority of the11
parishes of Orleans and Jefferson Parish. 12
Section 2. R.S. 32:412.1(A)(1) is hereby repealed in its entirety.13
Section 3. This Act shall become effective July 1, 2015.14
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: