HLS 14RS-987 ORIGINAL
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are additions.
Regular Session, 2014
HOUSE BILL NO. 939
BY REPRESENTATIVE GEYMANN
MTR VEHICLE/DRIVER LIC: Provides for driver's licenses and special identification
cards not compliant with the REAL ID Act of 2005
AN ACT1
To amend and reenact R.S. 32:410(A)(3)(a) and R.S. 40:1321(A), relative to forms of2
licenses and special identification cards; to provide for driver's licenses and special3
identification cards that are not compliant with the REAL ID Act of 2005; and to4
provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 32:410(A)(3)(a) is hereby amended and reenacted to read as follows:7
§410. Form of license; photograph, signature of licensee, anatomical gift statement,8
declaration of life-sustaining procedures, and additional information on9
license10
* * *11
(3)(a) Every license issued shall bear thereon:12
(i) The distinguishing number assigned to the applicant and shall contain the13
name of the state.14
(ii) The applicant's full legal name. For the purposes of this Item, an15
applicant's full legal name shall be defined in compliance with the Real ID Act, if16
implemented. If and until such time as the Real ID Act is implemented, the17
applicant's full legal name shall be defined as the given name or names that appear18
on an official birth certificate together with the surname as it appears on the official19
birth certificate, unless the surname is changed in accordance with R.S. 9:292. No20 HLS 14RS-987 ORIGINAL
HB NO. 939
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other name shall be permitted to be used unless the applicant provides proof of name1
change granted by a district court in accordance with the law. Should the Real ID2
Act be implemented, the full legal name shall be defined as stated by the Real ID3
Act. The department shall promulgate rules and regulations as are necessary to4
implement the provisions of this Item.5
(iii) If a person applying for a driver's license pursuant to the provisions of6
this Section does not elect to apply for a driver's license that complies with the7
standards of the REAL ID Act of 2005 and that person is otherwise eligible to be8
issued a driver's license pursuant to the provisions of this Chapter, that person shall9
be issued a driver's license which indicates the driver's license is not in compliance10
with the standards of the REAL ID Act of 2005. If the person has elected not to11
apply for a REAL ID compliant driver's license, the department shall not require the12
applicant to comply with any of the REAL ID requirements, other than those13
required by this Paragraph, which were not required by the state as of January 1,14
2014. If the person has elected not to apply for a REAL ID compliant driver's15
license, the department shall not scan or maintain a copy of the applicant's16
documents proving his identity. This includes but is not limited to the applicant's17
birth certificate, social security card, or United States issued passport.18
(iv) The applicant's mailing address and residential address, if different from19
the mailing address. The residential address provided for issuance of a driver's20
license for any law enforcement officer, court officer, or member of his immediate21
family as defined in R.S. 32:409(C) shall be the residential address which appears22
on the driver's license.23
(iv)(v) The dates of issuance and expiration.24
(v)(vi) The group or groups of motor vehicles the applicant is authorized to25
operate.26
(vi)(vii) The endorsements for which the driver has qualified.27
(vii)(viii) Any applicable restrictions to which the applicant is subject.28 HLS 14RS-987 ORIGINAL
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(viii)(ix) Other information to identify the applicant including date of birth1
(month, day, and year), sex, height, weight, and eye and hair color. An applicant's2
license may bear his social security number at his option.3
(ix)(x) Parish of residence code number. The parish code shall be consistent4
with the numerical code as designated by the secretary of state.5
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Section 2. R.S. 40:1321(A) is hereby amended and reenacted to read as follows:7
§1321. Special identification cards; issuance; veteran designation; "I'm a Cajun"8
designation; fees; expiration and renewal; exceptions; promulgation of rules;9
promotion of use; persons less than twenty-one years of age; the Protect and10
Save our Children Program; Selective Service Registration11
A.(1) Any Louisiana resident may obtain a special identification card from12
the office of motor vehicles within the Department of Public Safety and Corrections,13
hereinafter referred to as "OMV". The identifying information and documents of14
identification required to obtain a special identification card shall be the same as15
those required to obtain a Louisiana driver's license, as stated in R.S. 32:409.1.16
However, if the applicant is seventeen years of age, the signature of the custodial17
parent or guardian shall not be required, provided the applicant has the necessary18
identifying information and documents.19
(2) If a person applying for a special identification card pursuant to the20
provisions of this Section does not elect to apply for a license that complies with21
REAL ID standards and that person is otherwise eligible to be issued a special22
identification card pursuant to the provisions of this Chapter, that person shall be23
issued a special identification card which indicates the special identification card is24
not in compliance with the standards of the REAL ID Act of 2005. If the person has25
elected not to apply for a REAL ID compliant special identification card, the26
department shall not require the applicant to comply with any of the REAL ID27
requirements, other than those required by this Paragraph, which were not required28
by the state as of January 1, 2014. If the has person elected not to apply for a REAL29 HLS 14RS-987 ORIGINAL
HB NO. 939
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ID compliant special identification card, the department shall not scan or maintain1
a copy of the applicant's documents proving his identity. This includes but is not2
limited to the applicant's birth certificate, social security card, or U.S. passport.3
* * *4
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)]
Geymann HB No. 939
Abstract: Provides for driver's licenses and special identification cards not compliant with
the REAL ID Act of 2005.
Proposed law provides if a person applying for a driver's licenses or special identification
card under the provisions of present law does not elect to apply for a license that complies
with REAL ID standards and that person is otherwise eligible to be issued a driver's license
or special identification card under the provisions of present law, that person shall be issued
a driver's license or special identification card which indicates the driver's license or special
identification card is not in compliance with REAL ID. Specifies that if the person has
elected not to apply for a REAL ID compliant credential, the department shall not require
the applicant to 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.
(Amends R.S. 32:410(A)(3)(a) and R.S. 40:1321(A))