Louisiana 2014 2014 Regular Session

Louisiana House Bill HB907 Introduced / Bill

                    HLS 14RS-154	ORIGINAL
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Regular Session, 2014
HOUSE BILL NO. 907
BY REPRESENTATIVES ST. GERMAIN AND STOKES
MTR VEHICLE/DRIVER LIC: Provides for the issuance of REAL ID compliant driver's
licenses and special identification cards
AN ACT1
To enact R.S. 32:410(D) and R.S. 40:1321(M) and to repeal Act No. 807 of the 20082
Regular Session of the Legislature and Act No. 151 of the 2010 Regular Session of3
the Legislature, relative to the issuance of driver's licenses and special identification4
cards in compliance with the REAL ID Act of 2005; to provide for implementation5
of the REAL ID Act; to provide for exceptions; and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1.  R.S. 32:410(D) is hereby enacted to read as follows:8
§410. Form of license; photograph, signature of license, anatomical gift statement,9
declaration of life-sustaining procedures, and additional information in10
license11
*          *          *12
D.(1) The department shall provide for the issuance of driver's licenses in the13
manner set forth in Paragraphs (2) through (4) of this Subsection upon the official14
notification by the United States Department of Homeland Security that, on a date15
certain, federal agencies will no longer accept the Louisiana issued driver's licenses16
and special identification cards that are not compliant with the standards of the17
REAL ID Act of 2005 and federal rules adopted pursuant thereto as of January 1,18
2014, hereinafter collectively referred to as REAL ID, for official purposes.19 HLS 14RS-154	ORIGINAL
HB NO. 907
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are additions.
(2)  Any person applying for a driver's license pursuant to the provisions of1
this Chapter may elect to apply for a driver's license that complies with the standards2
of REAL ID.  If that person is eligible for a driver's license to be issued pursuant to3
the provisions of this Chapter and meets all requirements of the United States4
Department of Homeland Security for a REAL ID compliant credential, that person5
shall be issued a driver's license which bears a United States Department of6
Homeland Security approved security marking reflecting that such credential meets7
REAL ID standards.8
(3) If a person applying for a driver's license pursuant to the provisions of9
this Section does not elect to apply for a driver's license that complies with REAL10
ID standards and that person is otherwise eligible to be issued a driver's license11
pursuant to the provisions of this Chapter, that person shall be issued a driver's12
license which indicates the driver's license is not in compliance with REAL ID.  If13
the person has elected not to apply for a REAL ID compliant driver's license, the14
department shall not require the applicant to comply with any of the REAL ID15
requirements, other than those required by this Paragraph, which were not required16
by the state as of January 1, 2014.17
(4) Except as provided in this Subsection, compliance with REAL ID18
referenced in this Subsection shall be limited to those standards in effect as of19
January 1, 2014. Any subsequent changes or additions to federal laws or rules for20
implementation of REAL ID shall be implemented by the state if and only if such21
changes are approved by the legislature by a favorable vote of a majority of the22
elected members of each house.23
Section 2. R.S. 40:1321(M) is hereby enacted to read as follows:24
§1321. Special identification cards; issuance; veteran designation; "I'm a Cajun"25
designation; fees; expiration and renewal; exceptions; promulgation of rules;26
promotion of use; persons less than twenty-one years of age; the Protect and27
Save our Children Program; Selective Service Registration28
*          *          *29 HLS 14RS-154	ORIGINAL
HB NO. 907
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M.(1) The department shall provide for the issuance of special identification1
cards in the manner set forth in Paragraphs (2) through (4) of this Subsection upon2
official notification by the United States Department of Homeland Security that, on3
a date certain, federal agencies will no longer accept the Louisiana issued driver's4
licenses and special identification cards that are not compliant with the standards of5
the REAL ID Act of 2005 and federal rules adopted pursuant thereto as of January6
1, 2014, hereinafter collectively referred to as REAL ID, for official purposes.7
(2) Any person applying for a special identification card pursuant to the8
provisions of this Chapter may elect to apply for a special identification card that9
complies with the standards of REAL ID.  If that person is eligible for a special10
identification card to be issued pursuant to the provisions of this Chapter and meets11
all requirements of the United States Department of Homeland Security for a REAL12
ID compliant credential, that person shall be issued a special identification card13
which bears a United States Department of Homeland Security approved security14
marking reflecting that such credential meets REAL ID standards.15
(3) If a person applying for a special identification card pursuant to the16
provisions of this Section does not elect to apply for a license that complies with17
REAL ID standards and that person is otherwise eligible to be issued a special18
identification card pursuant to the provisions of this Chapter, that person shall be19
issued a special identification card which indicates the special identification card is20
not in compliance with REAL ID. If the person has elected not to apply for a REAL21
ID compliant special identification card, the department shall not require the22
applicant to comply with any of the REAL ID requirements, other than those23
required by this Paragraph, which were not required by the state as of January 1,24
2014.25
(4) Except as provided in this Subsection, compliance with REAL ID26
referenced in this Subsection shall be limited to those standards in effect as of27
January 1, 2014.  Any subsequent changes or additions to federal laws or rules for28
implementation of REAL ID shall be implemented by the state if and only if such29 HLS 14RS-154	ORIGINAL
HB NO. 907
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are additions.
changes are approved by the legislature by a favorable vote of a majority of the1
elected members of each house.2
Section 3. Act No. 807 of the 2008 Regular Session of the Legislature and Act No.3
151 of the 2010 Regular Session of the Legislature are hereby repealed in their entirety.4
Section 4. This Act shall become effective upon signature by the governor or, if not5
signed by the governor, upon expiration of the time for bills to become law without signature6
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If7
vetoed by the governor and subsequently approved by the legislature, this Act shall become8
effective on the day following such approval.9
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)]
St. Germain	HB No. 907
Abstract: Provides for the issuance of REAL ID compliant driver's licenses and special
identification cards.
Proposed law requires the issuance of driver's licenses and special identification cards in the
manner set forth in present law upon the occurrence of official notification by the U.S. Dept.
of Homeland Security that, on a date certain, federal agencies will no longer accept the La.
issued driver's licenses and special identification cards that are not compliant with the
standards of the REAL ID Act of 2005 and federal rules adopted pursuant thereto as of Jan.
1, 2014.
Proposed law specifies that any person applying for a driver's license or special identification
card pursuant to the provisions of present law may elect to apply for a license that complies
with the standards of REAL ID.
Proposed law provides that if a person is eligible for a license or special identification card
to be issued pursuant to the provisions of present law and meets all requirements of the U.S.
Dept. of Homeland Security for a REAL ID compliant credential, that person must be issued
a license or special identification card which bears a U.S. Dept. of Homeland Security
approved security marking reflecting that such credential meets REAL ID standards.
Proposed law specifies that if a person applying for a driver's license or special identification
card pursuant to the provisions of present law does not elect to apply for a license or special
identification card that complies with REAL ID standards and that person is otherwise
eligible to be issued a license or special identification card pursuant to the provisions of
present law, that person shall be issued a license or special identification card which
indicates the license or special identification card is not in compliance with REAL ID.
Proposed law provides that if the person has elected not to apply for a REAL ID compliant
license or special identification card, the department must not require the applicant to,
relative to labeling of the license, comply with any of the REAL ID requirements, other than
those required by proposed law, which were not required by the state as of Jan. 1, 2014. HLS 14RS-154	ORIGINAL
HB NO. 907
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.
Proposed law provides, except as provided in proposed law, compliance with REAL ID
referenced must be limited to those standards in effect as of Jan. 1, 2014. Provides that any
subsequent changes or additions to federal laws or rules for implementation of REAL ID
must be implemented by the state if and only if such changes are approved by the legislature
by a favorable vote of a majority of the elected members of each house.
Present law (Act No. 807 of the 2008 R.S.) directs the Dept. of Public Safety ad Corrections,
including the office of motor vehicles, not to implement the provisions of the REAL ID Act.
Proposed law repeals present law.
Present law (Act No. 151 of the 2010 R.S.) directs the Dept. of Public Safety and
Corrections, including the office of motor vehicles, not to implement the provisions of the
PASS ID Act.
Proposed law repeals present law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Adds R.S. 32:410(D) and R.S. 40:1321(M); Repeals Act No. 807 of the 2008 R.S. and Act
No. 151 of the 2010 R.S.)