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Regular Session, 2014
HOUSE BILL NO. 907
BY REPRESENTATIVES ST. GERMAIN AND STOKES
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 that are compliant15
with the standards of the REAL ID Act of 2005 and federal rules adopted pursuant16
thereto as of January 1, 2014, hereinafter collectively referred to as REAL ID.17
(2) Any person applying for a driver's license pursuant to the provisions of18
this Chapter may elect to apply for a driver's license that complies with the standards19
of REAL ID. If that person is eligible for a driver's license to be issued pursuant to20
the provisions of this Chapter and meets all requirements of the United States21
Department of Homeland Security for a REAL ID compliant credential, that person22
shall be issued a driver's license which bears a United States Department of23 ENROLLEDHB NO. 907
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Homeland Security approved security marking reflecting that such credential meets1
REAL ID standards.2
(3) If a person applying for a driver's license pursuant to the provisions of3
this Chapter does not elect to apply for a driver's license that complies with REAL4
ID standards and that person is otherwise eligible to be issued a driver's license5
pursuant to the provisions of this Chapter, that person shall be issued a driver's6
license which indicates the driver's license is not in compliance with REAL ID. If7
the person has elected not to apply for a REAL ID compliant driver's license, the8
department shall not require the applicant to comply with any of the REAL ID9
requirements which were not required by the state as of January 1, 2014. If the10
person has elected to not apply for a REAL ID compliant driver's license, the11
department shall not scan or maintain a copy of the applicant's documents proving12
his identity upon renewal. This includes but is not limited to the applicant's birth13
certificate, social security card, or United States issued passport.14
(4) Before application, each person who applies for a Louisiana driver's15
license shall be given a complete description of the REAL ID compliant driver's16
license, including but not limited to an explanation of what the license does, what17
information is collected and maintained, who has access to the data, how the data18
will be used, his right to choose not to waive his right to privacy, and if harassed, that19
he may take legal action, and that he is not required by the state to accept the "gold20
star" or the REAL ID compliant driver's license. Each applicant shall certify in21
writing that he has been given information related to the issuance of the REAL ID22
compliant driver's license.23
(5) No document provided by any person who applies for a Louisiana24
driver's license shall be released to anyone physically or electronically without the25
written permission of that person, or without a warrant issued with probable cause26
pursuant to Article I, Section 5 of the Constitution of Louisiana. The database27
containing scanned documents collected from persons who apply for the REAL ID28
compliant Louisiana driver's license shall not have any interoperability with any29
international database, any federal database, any other state database, and any third-30 ENROLLEDHB NO. 907
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party database. Any person who illegally accesses or releases the data shall be1
subject to a fine of not more than ten thousand dollars and six months in jail for each2
offense.3
(6) Compliance with REAL ID referenced in this Subsection shall be limited4
to those standards in effect as of January 1, 2014, that do not include the5
implementation of facial recognition software or programs, or the sharing of digital6
photos with any entity using a facial recognition program. Any subsequent changes7
or additions to federal laws or rules for implementation of REAL ID shall be8
implemented by the state if and only if such changes are approved by the legislature9
by a favorable vote of a majority of the elected members of each house.10
(7) Before January 2015, and prior to any implementation of REAL ID in11
Louisiana, the office of motor vehicles, public safety services, within the Department12
of Public Safety and Corrections, shall report to a joint meeting of the Senate and13
House committees on transportation, highways and public works a specific and14
detailed list of those standards in effect as of January 1, 2014, to which compliance15
with REAL ID in Louisiana is limited in (7) of this Subsection.16
(8) Nothing in this Chapter and nothing in Louisiana's implementation of17
REAL ID standards shall be construed to express or imply any delegation of rights,18
power, or jurisdiction from the people of Louisiana to the United States Department19
of Homeland Security or the government of the United States. Regarding the office20
of motor vehicles, public safety services, within the Department of Public Safety and21
Corrections, the people of this state have the sole and exclusive right to govern22
themselves as a free and sovereign state according to Article 1, Section 26 of the23
Constitution of Louisiana.24
Section 2. R.S. 40:1321(M) is hereby enacted to read as follows:25
§1321. Special identification cards; issuance; veteran designation; "I'm a Cajun"26
designation; fees; expiration and renewal; exceptions; promulgation of rules;27
promotion of use; persons less than twenty-one years of age; the Protect and28
Save our Children Program; Selective Service Registration29
* * *30 ENROLLEDHB NO. 907
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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 that are2
compliant with the standards of the REAL ID Act of 2005 and federal rules adopted3
pursuant thereto as of January 1, 2014, hereinafter collectively referred to as REAL4
ID, for official purposes.5
(2) Any person applying for a special identification card pursuant to the6
provisions of this Section may elect to apply for a special identification card that7
complies with the standards of REAL ID. If that person is eligible for a special8
identification card to be issued pursuant to the provisions of this Section and meets9
all requirements of the United States Department of Homeland Security for a REAL10
ID compliant credential, that person shall be issued a special identification card11
which bears a United States Department of Homeland Security approved security12
marking reflecting that such credential meets REAL ID standards.13
(3) If a person applying for a special identification card pursuant to the14
provisions of this Section does not elect to apply for a license that complies with15
REAL ID standards and that person is otherwise eligible to be issued a special16
identification card pursuant to the provisions of this Section, that person shall be17
issued a special identification card which indicates the special identification card is18
not in compliance with REAL ID. If the person has elected not to apply for a REAL19
ID compliant special identification card, the department shall not require the20
applicant to comply with any of the REAL ID requirements which were not required21
by the state as of January 1, 2014. If the person has elected to not apply for a REAL22
ID compliant special identification card, the department shall not scan or maintain23
a copy of the applicant's documents proving his identity upon renewal. This includes24
but is not limited to the applicant's birth certificate, social security card, or United25
States issued passport.26
(4) Before application, each person who applies for a Louisiana special27
identification card shall be given a complete description of the REAL ID compliant28
special identification card, including but not limited to an explanation of what the29
card does, what information is collected and maintained, who has access to the data,30 ENROLLEDHB NO. 907
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how the data will be used, his right to choose not to waive his right to privacy, and1
if harassed, that he may take legal action, and that he is not required by the state to2
accept the "gold star" or the REAL ID compliant special identification card. Each3
applicant shall certify in writing that he has been given information related to the4
issuance of the REAL ID special identification card.5
(5) No document provided by any person who applies for a Louisiana special6
identification card shall be released to anyone physically or electronically without7
the written permission of that person, or without a warrant issued with probable8
cause pursuant to Article I, Section 5 of the Constitution of Louisiana. The database9
containing scanned documents collected from persons who apply for the REAL ID10
compliant Louisiana special identification card shall not have any interoperability11
with any international database, any federal database, any other state database, and12
any third-party database. Any person who illegally accesses or releases the data shall13
be subject to a fine of not more than ten thousand dollars and six months in jail for14
each offense.15
(6) Compliance with REAL ID referenced in this Subsection shall be limited16
to those standards in effect as of January 1, 2014, that do not include the17
implementation of facial recognition software or programs, or the sharing of digital18
photos with any entity using a facial recognition program. Any subsequent changes19
or additions to federal laws or rules for implementation of REAL ID shall be20
implemented by the state if and only if such changes are approved by the legislature21
by a favorable vote of a majority of the elected members of each house.22
(7) Before January 2015, and prior to any implementation of REAL ID in23
Louisiana, the office of motor vehicles, public safety services, within the Department24
of Public Safety and Corrections, shall report to a joint meeting of the Senate and25
House committees on transportation, highways and public works a specific and26
detailed list of those standards in effect as of January 1, 2014, to which compliance27
with REAL ID in Louisiana is limited in (7) of this Subsection.28
(8) Nothing in this Section and nothing in Louisiana's implementation of29
REAL ID standards shall be construed to express or imply any delegation of rights,30 ENROLLEDHB NO. 907
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power, or jurisdiction from the people of Louisiana to the United States Department1
of Homeland Security or the government of the United States. Regarding the office2
of motor vehicles, public safety services, within the Department of Public Safety and3
Corrections, the people of this state have the sole and exclusive right to govern4
themselves as a free and sovereign state according to Article 1, Section 26 of the5
Constitution of Louisiana.6
Section 3. Act No. 807 of the 2008 Regular Session of the Legislature and Act No.7
151 of the 2010 Regular Session of the Legislature are hereby repealed in their entirety.8
Section 4. This Act shall become effective upon signature by the governor or, if not9
signed by the governor, upon expiration of the time for bills to become law without signature10
by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If11
vetoed by the governor and subsequently approved by the legislature, this Act shall become12
effective on the day following such approval.13
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: