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Regular Session, 2014
HOUSE BILL NO. 963
BY REPRESENTATIVE GAROFALO
MTR VEHICLE/DRIVER LIC: Prohibits novelty or unofficial credentials intended to
simulate valid state or federal credentials
AN ACT1
To enact R.S. 32:410.1, relative to official state identification credentials; to prohibit novelty2
or unofficial credentials intended to simulate state credentials; and to provide for3
related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 32:410.1 is hereby enacted to read as follows:6
ยง410.1. Novelty or unofficial credentials; prohibited7
A. It shall be unlawful for any person to manufacture, advertise for sale, sell,8
or possess any fictitious or facsimile credential that is intended to simulate a valid9
credential issued by any state, territory, or possession of the United States, the10
District of Columbia, the Commonwealth of Puerto Rico, any foreign country or11
government, a United States government issued credential, or a United States12
passport or foreign government visa.13
B. For purposes of this Section, a valid credential shall include, but is not14
limited to, any driver's license, driver permit, temporary license, restricted or15
hardship license, government issued identification card, school issued identification16
card, vehicle registration certificate, or vehicle license plate.17
C. The following language shall appear on every item that can be interpreted18
as a novelty credential in a size or font equal in size to the largest print appearing19
anywhere on the novelty item: "This document is a novelty item and cannot be used20 HLS 14RS-1467 REENGROSSED
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for any official purposes or as a lawful means of identification or for the operation1
of a motor vehicle on any public highway or street".2
D. The Department of Public Safety and Corrections, office of motor3
vehicles, may issue a cease and desist order to any person or business who4
manufactures, advertises for sale, sells, or possesses any credential, including any5
novelty or unofficial credential, which is not in compliance with this Section. Any6
such cease and desist order may be served by regular mail with a proof of mailing7
issued by the United States Postal Service, or hand delivered by a representative of8
the department. If the cease and desist order is served by mail with proof of mailing,9
it shall be deemed delivered on the seventh calendar day after the date affixed on the10
certificate or proof of mailing. The presumption of delivery in this Subsection shall11
not apply if the cease and desist order is returned as undeliverable.12
E. If the person or business subject to the cease and desist order cannot be13
served or does not comply with the cease and desist order, the department may file14
a petition for injunctive relief as provided in the Code of Civil Procedure for15
injunctions in the district court. There shall be no suspensive appeal or stay of an16
order or judgment of the district court granting the department a preliminary or17
permanent injunction.18
F. The department may promulgate rules it determines necessary to aid in the19
implementation and enforcement of this Section.20
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)]
Garofalo HB No. 963
Abstract: Prohibits novelty or unofficial credentials intended to simulate valid state or
federal credentials.
Proposed law prohibits the manufacture, sale, or possession of any fictitious or a facsimile
credential that is intended to simulate a valid credential issued by any state, territory, or
possession of the United States, the District of Columbia, the Commonwealth of Puerto
Rico, any foreign country or government, a United States government issued credential, or
a United States passport or foreign government visa. Such valid credentials include any
driver's license, driver permit, temporary license, restricted or hardship license, government HLS 14RS-1467 REENGROSSED
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issued identification card, school issued identification card, vehicle registration certificate,
or vehicle license plate.
Authorizes the office of motor vehicles to issue a cease and desist order to any person not
in compliance with this law. Provides for a procedure for issuance of such order. Also
authorizes the office to petition for injunctive relief. Authorizes the promulgation of
necessary rules.
(Adds R.S. 32:410.1)
Summary of Amendments Adopted by House
House Floor Amendments to the engrossed bill.
1. Made technical changes.