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ACT No. 262
Regular Session, 2014
HOUSE BILL NO. 963
BY REPRESENTATIVE GAROFALO
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
for any official purposes or as a lawful means of identification or for the operation21
of a motor vehicle on any public highway or street".22
D. The Department of Public Safety and Corrections, office of motor23
vehicles, may issue a cease and desist order to any person or business who24 ENROLLEDHB NO. 963
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manufactures, advertises for sale, sells, or possesses any credential, including any1
novelty or unofficial credential, which is not in compliance with this Section. Any2
such cease and desist order may be served by regular mail with a proof of mailing3
issued by the United States Postal Service, or hand delivered by a representative of4
the department. If the cease and desist order is served by mail with proof of mailing,5
it shall be deemed delivered on the seventh calendar day after the date affixed on the6
certificate or proof of mailing. The presumption of delivery in this Subsection shall7
not apply if the cease and desist order is returned as undeliverable.8
E. If the person or business subject to the cease and desist order cannot be9
served or does not comply with the cease and desist order, the department may file10
a petition for injunctive relief as provided in the Code of Civil Procedure for11
injunctions in the district court. There shall be no suspensive appeal or stay of an12
order or judgment of the district court granting the department a preliminary or13
permanent injunction.14
F. The department may promulgate rules it determines necessary to aid in the15
implementation and enforcement of this Section.16
SPEAKER OF THE HOUSE OF REPRESENTATI VES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: