HLS 14RS-154 ENGROSSED Page 1 of 5 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 ENGROSSED HB NO. 907 Page 2 of 5 CODING: Words in struck through type are deletions from existing law; words underscored 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 ENGROSSED HB NO. 907 Page 3 of 5 CODING: Words in struck through type are deletions from existing law; words underscored are additions. 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 ENGROSSED HB NO. 907 Page 4 of 5 CODING: Words in struck through type are deletions from existing law; words underscored 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 ENGROSSED HB NO. 907 Page 5 of 5 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.)