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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; to provide penalties; and to provide6
for related matters.7
Be it enacted by the Legislature of Louisiana:8
Section 1. R.S. 32:410(D) is hereby enacted to read as follows:9
§410. Form of license; photograph, signature of license, anatomical gift statement,10
declaration of life-sustaining procedures, and additional information in11
license12
* * *13
D.(1) The department shall provide for the issuance of driver's licenses in the14
manner set forth in Paragraphs (2) through (4) of this Subsection upon the official15
notification by the United States Department of Homeland Security that, on a date16
certain, federal agencies will no longer accept for official purposes the Louisiana17
issued driver's licenses and special identification cards that are not compliant with18
the standards of the REAL ID Act of 2005 and federal rules adopted pursuant thereto19
as of January 1, 2014, hereinafter collectively referred to as REAL ID.20 HLS 14RS-154 REENGROSSED
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(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 which were not required by the state as of January 1, 2014. If the16
person has elected to not apply for a REAL ID compliant driver's license, the17
department shall not scan or maintain a copy of the applicant's documents proving18
his identity upon renewal. This includes but is not limited to the applicant's birth19
certificate, social security card, or United States issued passport.20
(4) All persons applying for a Louisiana driver's license must be given a21
complete description of the REAL ID card, with an explanation of what the card22
does, what information is collected and maintained, who has access to the data, how23
the data will be used, that the applicant may choose to not waive their right to24
privacy, and that if they are harassed, they can take legal action. Each applicant must25
be told that he is not required by the state to accept the "gold star" or the REAL ID.26
Each applicant must certify in writing that they have been given information related27
to the issuance of the REAL ID.28 HLS 14RS-154 REENGROSSED
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(5) Any documents collected from a person applying for a REAL ID in1
Louisiana may not be released to anyone except Louisiana law enforcement2
agencies, the Department of Public Safety and Corrections, the U.S. Department of3
Homeland Security, and the FBI. The database containing information from the4
documents collected from applicants for the REAL ID card in Louisiana shall not5
have any interoperability with any international database. Any person who illegally6
accesses or releases the data shall be subject to a fine of not more than ten thousand7
dollars and six months in jail for each offense.8
(6) Compliance with REAL ID referenced in this Subsection shall be limited9
to those standards in effect as of January 1, 2014. Any subsequent changes or10
additions to federal laws or rules for implementation of REAL ID shall be11
implemented by the state if and only if such changes are approved by the legislature12
by a favorable vote of a majority of the elected members of each house.13
Section 2. R.S. 40:1321(M) is hereby enacted to read as follows:14
§1321. Special identification cards; issuance; veteran designation; "I'm a Cajun"15
designation; fees; expiration and renewal; exceptions; promulgation of rules;16
promotion of use; persons less than twenty-one years of age; the Protect and17
Save our Children Program; Selective Service Registration18
* * *19
M.(1) The department shall provide for the issuance of special identification20
cards in the manner set forth in Paragraphs (2) through (4) of this Subsection upon21
official notification by the United States Department of Homeland Security that, on22
a date certain, federal agencies will no longer accept the Louisiana issued driver's23
licenses and special identification cards that are not compliant with the standards of24
the REAL ID Act of 2005 and federal rules adopted pursuant thereto as of January25
1, 2014, hereinafter collectively referred to as REAL ID, for official purposes.26
(2) Any person applying for a special identification card pursuant to the27
provisions of this Chapter may elect to apply for a special identification card that28
complies with the standards of REAL ID. If that person is eligible for a special29 HLS 14RS-154 REENGROSSED
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identification card to be issued pursuant to the provisions of this Chapter and meets1
all requirements of the United States Department of Homeland Security for a REAL2
ID compliant credential, that person shall be issued a special identification card3
which bears a United States Department of Homeland Security approved security4
marking reflecting that such credential meets REAL ID standards.5
(3) If a person applying for a special identification card pursuant to the6
provisions of this Section does not elect to apply for a license that complies with7
REAL ID standards and that person is otherwise eligible to be issued a special8
identification card pursuant to the provisions of this Chapter, that person shall be9
issued a special identification card which indicates the special identification card is10
not in compliance with REAL ID. If the person has elected not to apply for a REAL11
ID compliant special identification card, the department shall not require the12
applicant to comply with any of the REAL ID requirements which were not required13
by the state as of January 1, 2014. If the person has elected to not apply for a REAL14
ID compliant special identification card, the department shall not scan or maintain15
a copy of the applicant's documents proving his identity upon renewal. This includes16
but is not limited to the applicant's birth certificate, social security card, or United17
States issued passport.18
(4) Compliance with REAL ID referenced in this Subsection shall be limited19
to those standards in effect as of January 1, 2014. Any subsequent changes or20
additions to federal laws or rules for implementation of REAL ID shall be21
implemented by the state if and only if such changes are approved by the legislature22
by a favorable vote of a majority of the elected members of each house.23
Section 3. Act No. 807 of the 2008 Regular Session of the Legislature and Act No.24
151 of the 2010 Regular Session of the Legislature are hereby repealed in their entirety.25
Section 4. This Act shall become effective upon signature by the governor or, if not26
signed by the governor, upon expiration of the time for bills to become law without signature27
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If28 HLS 14RS-154 REENGROSSED
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vetoed by the governor and subsequently approved by the legislature, this Act shall become1
effective on the day following such approval.2
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. If
the person has elected to not apply for a REAL ID compliant driver's license or special
identification card, the department shall not scan or maintain a copy of the applicant's
documents proving his identity upon renewal. This includes but is not limited to the
applicant's birth certificate, social security card, or United States issued passports.
Proposed law provides that all persons applying for a Louisiana's driver's license must be
given a complete description of the REAL ID card, with an explanation of what the card
does, what information is collected and maintained, who has access to the data, how the data
will be used, that the applicant may choose to not waive their right to privacy, and that if
they are harassed, they can take legal action. Each applicant must be told that he is not
required by the state to accept the "gold star" or the REAL ID. Each applicant must certify
in writing that they have been given information related to the issuance of the REAL ID. HLS 14RS-154 REENGROSSED
HB NO. 907
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are additions.
Proposed law provides that any documents collected from a person applying for a REAL ID
in Louisiana may not be released to anyone except Louisiana law enforcement agencies, the
Department of Public Safety and Corrections, the U.S. Department of Homeland Security,
and the FBI. The database containing information from the documents collected from
applicants for the REAL ID card in Louisiana shall not have any interoperability with any
international database. Any person who illegally accesses or releases the data shall be
subject to a fine of not more than $10,000 and six months in jail for each offense.
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.)
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Made technical changes.
2. Added that any documents collected from a person applying for a REAL ID in
Louisiana may not be released to anyone except Louisiana law enforcement
agencies, the Department of Public Safety and Corrections, the U.S. Department
of Homeland Security, and the FBI. The database containing information from
the documents collected from applicants for the REAL ID card in Louisiana shall
not have any interoperability with any international database. Any person who
illegally accesses or releases the data shall be subject to a fine of not more than
$10,000 and six months in jail for each offense.
3. Added that if a person has elected to not apply for a REAL ID compliant driver's
license or special identification card, the department shall not scan or maintain
a copy of the applicant's documents proving his identity upon renewal. This
includes but is not limited to the applicant's birth certificate, social security card,
or United States issued passports.
4. Added that all persons applying for a Louisiana driver's license must be given a
complete description of the REAL ID card, with an explanation of what the card
does, what information is collected and maintained, who has access to the data,
how the data will be used, that the applicant may choose to not waive their right
to privacy, and that if they are harassed, they can take legal action. Each HLS 14RS-154 REENGROSSED
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applicant must be told that he is not required by the state to accept the "gold star"
or the REAL ID. Each applicant must certify in writing that they have been given
information related to the issuance of the REAL ID.