St. Germain HB No. 907
Proposed law would have provided for the issuance of REAL ID compliant driver's licenses
and special identification cards.
Proposed law would have required the issuance of driver's licenses and special identification
cards in the manner set forth in existing 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 would have specified that any person applying for a driver's license or special
identification card pursuant to the provisions of existing law may elect to apply for a license
that complies with the standards of REAL ID.
Proposed law would have provided that if a person is eligible for a license or special
identification card to be issued pursuant to the provisions of existing law and meets all
requirements of the U.S. Dept. of Homeland Security for a REAL ID compliant credential,
that person shall 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 would have specified that if a person applying for a driver's license or special
identification card pursuant to the provisions of existing 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 existing 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 would have provided that if the person has elected not to apply for a REAL ID
compliant license or special identification card, the department shall not require the applicant
to, relative to labeling of the license, comply with any of the REAL ID requirements, other
than those that would have been required by existing 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 would have provided that all persons applying for a La. driver's license shall
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 shall be told that he is not required
by the state to accept the "gold star" or the REAL ID. Each applicant shall certify in writing
that they have been given information related to the issuance of the REAL ID.
Proposed law would have provided that any documents collected from a person applying for
a REAL ID in La. may not be released to anyone except La. law enforcement agencies, the
Dept. of Public Safety and Corrections (DPS&C), the U.S. Dept. of Homeland Security, and
the FBI. The database containing information from the documents collected from applicants
for the REAL ID card in La. 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 would have provided that compliance with REAL ID shall 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 shall 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.
Existing law (Act No. 807 of the 2008 R.S.) directs DPS&C, including the office of motor
vehicles, not to implement the provisions of the REAL ID Act. Proposed law would have repealed existing law.
Existing law (Act No. 151 of the 2010 R.S.) directs DPS&C, including the office of motor
vehicles, not to implement the provisions of the PASS ID Act.
Proposed law would have repealed existing law.
(Proposed to add R.S. 32:410(D) and R.S. 40:1321(M); Proposed to repeal Act No. 807 of
the 2008 R.S. and Act No. 151 of the 2010 R.S.)
VETO MESSAGE:
"House Bill No. 907 authorizes the state to implement the federal REAL ID Act. Under the
Act, states are required to come into compliance by January 2016 to ensure access for their
residents on domestic commercial flights. This timeline is still a year and a half away while
this legislation would subject the State of Louisiana to unnecessary federal oversight of our
drivers' licenses. This is why the Eagle Forum, the Louisiana Family Forum and Tea Party
of Louisiana have asked for a veto of the bill due to concerns about whether it will
compromise Louisiana's sovereignty over what is fundamentally a state method of
identification.
These concerns appear to be shared in other states. In fact, as of April 2014, only 20 states
are recognized as compliant by the federal Department of Homeland Security. Given the
time still available to review the unintended and potentially far reaching consequences of
compliance in Louisiana, Louisiana State Police has requested additional time to vet this
change and requested that I veto this legislature. Therefore, I have vetoed House Bill No.
907 and hereby return it to the House."