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Regular Session, 2014
SENATE BILL NO. 419
BY SENATOR GARY SMITH
MOTOR VEHICLES. Provides relative to novelty or unofficial credentials and international
driver's licenses. (8/1/14)
AN ACT1
To enact R.S. 32:410.1 and 410.2, relative to driver's license law; to provide relative to2
novelty or unofficial credentials; to provide for international driver's license; to3
provide for the issuance of a cease and desist order by the Department of Public4
Safety and Corrections; to provide for the promulgation of rules by the department;5
and to provide for related matters.6
Be it enacted by the Legislature of Louisiana:7
Section 1. R.S. 32:410.1 and 410.2 are hereby enacted to read as follows:8
§ 32:410.1. Novelty or unofficial credentials9
A. It shall be unlawful for any person to manufacture, advertise for sale,10
sell, or possess any fictitious, facsimile, or simulated version of any of the11
following, such that it could be mistaken for a valid credential:12
(1) A credential issued by:13
(a) Any state, territory, or possession of the United States.14
(b) The District of Columbia.15
(c) The Commonwealth of Puerto Rico.16
(d) Any foreign country or government.17 SB NO. 419
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(2) A United States government-issued credential.1
(3) A United States passport.2
(4) A foreign government visa.3
B. For purposes of this Section, a valid credential shall include but not4
be limited to any driver's license, driver permit, temporary license, restricted5
or hardship license, government-issued identification card, school-issued6
identification card, vehicle registration certificate, or vehicle license plate.7
C. All novelty credentials shall contain type of a size or font equal in size8
to the largest print appearing anywhere on the novelty credential the following9
language: "This document is a novelty item and cannot be used for any official10
purposes or as a lawful means of identification or for the operation of a motor11
vehicle on any public highway or street."12
D. The Department of Public Safety and Corrections, office of motor13
vehicles may issue a cease and desist order to any person or business who14
manufactures, advertises for sale, sells, or possesses any credential, including15
any novelty or unofficial credential, which is not in compliance with this16
Section. Any such cease and desist order may be served by regular mail with17
a proof of mailing issued by the United States Post Office, or hand delivered by18
a representative of the department. If the cease and desist order is served by19
mail with proof of mailing, it shall be deemed delivered on the seventh calendar20
day after the date affixed by the post office on the certificate or proof of mailing.21
The presumption of delivery in this Subsection shall not apply if the post office22
returns the cease and desist order as undeliverable.23
E. If the person or business subject to the cease and desist order in this24
Section cannot be served, or does not comply with the cease and desist order,25
the department may file a petition for injunctive relief in the appropriate26
district court. There shall be no suspensive appeal or stay of an order or27
judgment of the district court granting the department a preliminary or28
permanent injunction.29 SB NO. 419
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F. The department may promulgate rules as it determines are necessary1
to aid in the implementation and enforcement of this Section.2
§ 32:410.2. International driver's licenses3
A.(1) In accordance with a treaty, an international driver's license shall4
be a valid non-commercial driver's license in this state only if both of the5
following are satisfied:6
(a) The license is issued in the individual's country of origin.7
(b) The license is issued in accordance with the requirements of the8
treaty.9
(2) It shall be unlawful for any person to issue an international driver's10
license in this state for use in this state or any other state or United States11
territory.12
B. An international driver's license shall not be used to operate a13
commercial motor vehicle.14
C. The Department of Public Safety and Corrections may issue cease and15
desist orders and seek injunctive relief for violations of this Section in the same16
manner as provided in R.S. 32:410.1.17
D. The department may promulgate rules as it determines are necessary18
to aid in the implementation and enforcement of this Section.19
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Margaret M. Corley.
DIGEST
Gary Smith (SB 419)
Proposed law prohibits the manufacture, advertisement for sale, sale, or possession of any
fictitious, facsimile, or simulated credential issues by any state, territory, or possession of
the U.S., the District of Columbia, the Commonwealth of Puerto Rico or any foreign
country.
Proposed law requires any novelty credential to contain the language:
"This document is a novelty item and cannot be used for any official purposes or as
a lawful means of identification or for the operation of a motor vehicle on any public
highway or street."
Proposed law allows the Department of Public Safety and Corrections, office of motor
vehicles to issue a cease and desist order to and any person who is in violation of the law and SB NO. 419
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provides for procedure regarding such order.
Proposed law provides that international driver's licenses may be issued only in accordance
with a treaty.
Proposed law prohibits use of an international driver's license to operate a commercial motor
vehicle.
Proposed law allows the department to promulgate rules as necessary to aid in the
implementation and enforcement.
Effective August 1, 2014.
(Adds R.S. 32:410.1 and 410.2)