Louisiana 2014 2014 Regular Session

Louisiana Senate Bill SB582 Enrolled / Bill

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Regular Session, 2014	ENROLLED
SENATE BILL NO. 582
BY SENATOR CLAITOR AND REPRESENTATIVE FOIL 
AN ACT1
To amend and reenact R.S. 32:409.1(A)(2)(ff), 412(A)(1), (2), (3), (4)(a) and introductory2
paragraph of (b), (5), (6), (7)(a) and introductory paragraph of (b), (B)(1), (2), (5),3
(7)(a)(i) and introductory paragraph of (ii), (b)(i) and introductory paragraph of (ii),4
(c)(i) and introductory paragraph of (ii), (d)(i) and introductory paragraph of (ii),5
(e)(i)(aa), introductory paragraph of (bb), (cc), (dd), and (ee), and (ii)(aa), (bb), (cc),6
(dd), and (ee) and (C), 32:412.1(B), (C), (D), and 32:429(A), to enact R.S.7
32:412.1(E) and 412.3, and to repeal R.S. 32:412.1(A)(1), relative to the duration of8
driver's licenses; to provide that driver's licenses be renewed every six years; to9
provide for fees; to provide for the distribution of revenue; to create and provide for10
special funds; and to provide for related matters.11
Be it enacted by the Legislature of Louisiana:12
Section 1. R.S. 32:412(A)(1), (2), (3), (4)(a) and introductory paragraph of (b), (5),13
(6), (7)(a) and introductory paragraph of (b), (B)(1), (2), (5), (7)(a)(i) and introductory14
paragraph of (ii), (b)(i) and introductory paragraph of (ii), (c)(i) and introductory paragraph15
of (ii), (d)(i) and introductory paragraph of (ii), (e)(i)(aa), introductory paragraph of (bb),16
(cc), (dd), (ee), and (ii)(aa), (bb), (cc), (dd), and (ee) and (C), 32:412.1(B), (C), (D), and17
32:429(A) are hereby amended and reenacted and R.S. 32:412.1(E) and 412.3 are hereby18
enacted to read as follows:19
§412. Amount of fees; credit or refund; duration of license; veteran designation;20
"I'm a Cajun" designation; disbursement of funds; renewal by mail or21
electronic commerce of Class "D" or "E" drivers' licenses; disposition22
of certain fees; exception23
A.(1) Every applicant for a Class "D" driver's license, or for a renewal of a24
Class "D" driver's license, except those bona fide residents of the city of New25 SB NO. 582	ENROLLED
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Orleans, shall pay for such basic license a fee of twenty-eight forty-two dollars and1
fifty seventy-five cents. Seven Eleven dollars and forty three fifteen cents of the fee2
shall be paid to the State Police Pension and Retirement Fund. One dollar and fifty3
cents of the fee shall be forwarded by the department to the litter abatement and4
education account which is created with the Conservation Fund through the5
provisions of R.S. 56:10(B)(15). 6
(2) The fee for Class "D" driver's licenses, or renewal of a Class "D" driver's7
license, issued to bona fide residents of the city of New Orleans shall be thirty-six8
dollars, ten fifty-four dollars, fifteen dollars of which shall be payable by the9
department to the board of trustees of the police pension fund of the city of New10
Orleans. One dollar and twenty three eighty four cents of the fee shall be paid to the11
State Police Pension and Retirement Fund. One dollar and fifty cents of fee shall be12
forwarded by the department to the litter abatement and education account which is13
created within the Conservation Fund through the provisions of R.S. 56:10(B)(15).14
(3) There shall be a fee of five seven dollars and fifty cents for an15
emergency vehicle endorsement for any vehicle group.16
(4)(a) A Class "D" driver's license shall expire on the anniversary of the17
birthday of the applicant which is nearest to a period of four six years subsequent to18
the issuing of the license, unless suspended, revoked or canceled prior to that time.19
(b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, the20
department may issue the license for a period of less than four six years in21
circumstances of medical limitation, limitation on lawful presence, or other special22
restrictions. When the department issues a license to a properly documented alien23
student or nonresident alien, the license shall both:24
(5) Every applicant for a Class "E" driver's license, or for a renewal of a Class25
"E" driver's license, except those bona fide residents of the city of New Orleans, shall26
pay for such basic license a fee of thirteen twenty dollars and fifty cents twenty-five27
cents, which shall be the cost of such basic license. Three dollars and seventy-five28
Five dollars and sixty-three cents of the fee shall be paid to the State Police29
Pension and Retirement Fund. One dollar and fifty cents of the fee shall be30 SB NO. 582	ENROLLED
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forwarded by the department to the litter abatement and education account which is1
created within the Conservation Fund through the provisions of R.S. 56:10(B)(15).2
(6) The fee for a Class "E" driver's license, or renewal of a Class "E" driver's3
license, issued to bona fide residents of the city of New Orleans shall be thirteen4
dollars and fifty cents, two dollars and fifty twenty dollars and twenty-five cents,5
three dollars and seventy-five cents of which fee shall be paid by the department6
to the board of trustees of the police pension funds of the city of New Orleans. Two7
dollars and fifty Three dollars and seventy-five cents of the fee shall be paid to the8
State Police Pension and Retirement Fund. One dollar and fifty cents of the fee shall9
be forwarded by the department to the litter abatement and education account which10
is created within the Conservation Fund through the provisions of R.S. 56:10(B)(15).11
(7)(a) A Class "E" driver's license shall expire on the anniversary of the12
birthday of the applicant which is nearest to a period of four six years subsequent to13
the issuing of the license, unless suspended, revoked or canceled.14
(b) Notwithstanding the provisions of Subparagraph (a) of this Paragraph, the15
department may issue the license for a period of less than four six years in16
circumstances of medical limitation, limitation on lawful presence, or other special17
restrictions. When the department issues a license to a properly documented alien18
student or nonresident alien, the license shall both:19
*          *          *20
B.(1) Every applicant for a Class "A", "B", or "C" commercial driver's21
license, or for a renewal of a basic Class "A", "B", or "C" commercial driver's22
license, except for those bona fide residents of the city of New Orleans, shall pay for23
such basic license a fee of forty-one dollars. Ten dollars and eighty sixty-one dollars24
and fifty cents. Sixteen dollars and twenty cents of the fee shall be paid to the25
State Police Pension and Retirement Fund. One  dollar and fifty cents of the fee26
shall be forwarded by the department to the litter abatement and education account27
which is created within the Conservation Fund through the provisions of R.S.28
56:10(B)(15).29
(2) The fee for a basic Class "A", "B", or "C" commercial driver's license, or30 SB NO. 582	ENROLLED
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for the renewal of a basic Class "A", "B", or "C" commercial driver's license, issued1
to bona fide residents of the city of New Orleans shall be fifty one dollars, ten2
seventy-six dollars and fifty cents, fifteen dollars of which fee shall be paid by the3
department to the board of trustees of the police pension fund of the city of New4
Orleans. Ten Fifteen dollars of the fee shall be paid to the State Police Pension and5
Retirement Fund. One dollar and fifty cents of the fee shall be forwarded by the6
department to the litter abatement and education account which is created with the7
Conservation Fund through the provisions of R.S. 56:10(B)(15).8
*          *          *9
(5) There shall be a fee of five dollars seven dollars and fifty cents for each10
endorsement to the basic licenses listed in R.S. 32:408(B). 11
(7)(a)(i) A Class "C" commercial driver's license not carrying an endorsement12
permitting the transportation of material found to be hazardous for purposes of the13
Federal Hazardous Material Act, 49 United States Code U.S.C. 5101 et seq. or under14
state law or regulation shall expire on the anniversary of the birthday of the applicant15
which is nearest to a date of four six years subsequent to the issuing of the license,16
unless revoked, canceled, or suspended prior to that time.17
(ii) Notwithstanding the provisions of Item (i) of this Subparagraph, the18
department may issue the license for a period of less than four six years in19
circumstances of medical limitations, limitation on lawful presence, or other special20
restrictions. When the department issues a license to a properly documented alien21
student or nonresident alien, the license shall both:22
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(b)(i) A Class "C" commercial driver's license carrying an endorsement24
permitting the transportation of materials found to be hazardous for purposes of the25
Federal Hazardous Material Act, 49 United States Code U.S.C. 5101 et seq. or under26
state law or regulation shall expire on the anniversary of the birthday of the applicant27
which is nearest to a date of four six years subsequent to the issuing of the license,28
unless revoked, canceled, or suspended prior to that time.29
(ii) Notwithstanding the provisions of Item (i) of this Subparagraph, the30 SB NO. 582	ENROLLED
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department may issue the license for a period of less than four six years in1
circumstances of medical limitation, limitation on lawful presence, or other special2
restrictions. When the department issues a license to a properly documented alien3
student or nonresident alien, the license shall both:4
*          *          *5
(c)(i) A Class "B" commercial driver's license shall expire on the anniversary6
of the birthday of the applicant which is nearest to a date of four six years subsequent7
to the issuing of the license, unless revoked, canceled, or suspended prior to that8
time.9
(ii) Notwithstanding the provisions of Item (i) of this Subparagraph, the10
department may issue the license for a period of less than four six years in11
circumstances of medical limitation, limitation on lawful presence, or other special12
restrictions. When the department issues a license to a properly documented alien13
student or nonresident alien, the license shall both:14
*          *          *15
(d)(i) A Class "A" commercial driver's license shall expire on the anniversary16
of the birthday of the applicant which is nearest to a date of four six years subsequent17
to the issuing of the license, unless revoked, canceled or suspended prior to that time.18
(ii) Notwithstanding the provisions of Item (i) of this Subparagraph, the19
department may issue the license for a period of less than four six years in20
circumstances of medical limitation, limitation on lawful presence, or other special21
restrictions. When the department issues a license to a properly documented alien22
student or nonresident alien, the license shall both:23
*          *          *24
(e)(i)(aa) Every applicant seventy years of age or older for a Class "E"25
driver's license, or for the renewal of a Class "E" driver's license, except those bona26
fide residents of the city of New Orleans, shall pay for such basic license a fee of27
four six dollars and fifty seventy-five cents, which shall be the cost of the license.28
The license shall expire on the anniversary of the birthday of the applicant which is29
nearest to a date of four six years subsequent to the issuing of the license, unless30 SB NO. 582	ENROLLED
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revoked, canceled, or suspended.1
(bb) Notwithstanding the provisions of R.S. 32:412(B)(7)(e)(i)(aa), the2
department may issue the license for a period of less than four six years in3
circumstances of medical limitation, limitation on lawful presence, or other special4
restrictions. When the department issues a license to a properly documented alien5
student or nonresident alien, the license shall both:6
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(cc) Fifty Seventy-five cents of the fee shall be paid to the office of state8
police. One dollar and fifty Two dollars and seventy-five cents of the fee shall be9
paid to the State Police Pension and Retirement Fund. One dollar and fifty cents of10
the fee shall be forwarded by the department to the litter abatement and education11
account which is created within the Conservation Fund through the provisions of12
R.S. 56:10(B)(15).13
(dd)(I) Every applicant seventy years of age or older for a Class "D" driver's14
license, or for the renewal of a Class "D" driver's license, except those bona fide15
residents of the city of New Orleans, shall pay for such basic license a fee of fourteen16
twenty-two dollars and seventy-five thirteen cents, which shall be the cost of the17
license. The license shall expire on the anniversary of the birthday of the applicant18
which is nearest to the date of four six years subsequent to the issuing of the license,19
unless revoked, canceled, or suspended.20
(II) Notwithstanding the provisions of R.S. 32:412(B)(7)(e)(i)(dd)(I), the21
department may issue the license for a period of less than four six years in22
circumstances of medical limitation, limitation on lawful presence, or other special23
restriction. When the department issues a license to a properly documented alien24
student or nonresident alien, the license shall both expire on the date for which the25
alien's immigration documents expire, if sooner than the date specified in26
Subsubitem (I) of this Subitem, and contain a restriction code which declares that the27
license holder is an alien student or a nonresident alien.28
(ee) Three dollars and seventy-one Five dollars and fifty-six cents of the fee29
shall be paid to the State Police Pension and Retirement Fund. One dollar and fifty30 SB NO. 582	ENROLLED
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cents of the fee shall be forwarded by the department to the litter abatement and1
education account which is created within the Conservation Fund through the2
provisions of R.S. 56:10(B)(15).3
(ii)(aa) Every applicant seventy years of age or older for a Class "E" driver's4
license, or for the renewal of a Class "E" driver's license, issued to bona fide5
residents of the city of New Orleans, shall pay for such basic license a fee of four six6
dollars and fifty seventy-five cents, which shall be the cost of the license. This7
license shall expire on the anniversary of the birthday of the applicant which is8
nearest to a date of four six years subsequent to the issuing of the license, unless9
revoked, canceled, or suspended.10
(bb) Notwithstanding the provisions of R.S. 32:412(B)(7)(e)(ii)(aa), the11
department may issue the license for a period of less than four six years in12
circumstances of medical limitation, limitation on lawful presence, or other special13
restriction. When the department issues a license to a properly documented alien14
student or nonresident alien, that license shall both expire on the date for which the15
alien's immigration documents expire, if sooner than the date specified in Subitem16
(aa) of this Item, and contain a restriction code which declares that the license holder17
is an alien student or a nonresident alien.18
(cc) One dollar and fifty cents of the fee shall be paid to the Board of19
Trustees of the Police Pension Fund of the city of New Orleans. One dollar and fifty20
cents of the fee shall be paid to the State Police Pension and Retirement Fund. One21
dollar and fifty cents of the fee shall be forwarded by the department to the litter22
abatement and education account which is created within the Conservation Fund23
through the provisions of R.S. 56:10(B)(15).24
(dd)(I) Every applicant seventy years of age or older for a Class "D" driver's25
license, or for the renewal of a Class "D" driver's license, issued to bona fide26
residents of the city of New Orleans, shall pay for such basic license a fee of27
eighteen twenty-seven dollars and fifty seventy-five cents, which shall be the cost28
of the license. This license shall expire on the anniversary of the birthday of the29
applicant which is nearest to the date of four six years subsequent to the issuing of30 SB NO. 582	ENROLLED
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the license, unless revoked, canceled, or suspended.1
(II) Notwithstanding the provisions of R.S.32:412(B)(7)(e)(ii)(dd)(I), the2
department may issue the license for a period of less than four six years in3
circumstances of medical limitation, limitation on lawful presence, or other special4
restriction. When the department issues a license to a properly documented alien5
student or nonresident alien, the license shall both expire on the date for which the6
alien's immigration documents expire, if sooner than the date specified in7
Subsubitem (I) of this Subitem, and contain a restriction code which declares that the8
license holder is an alien student or a nonresident alien.9
(ee) Five dollars Seven dollars and fifty cents of the fee shall be payable by10
the department to the board of trustees of the police pension fund of the city of New11
Orleans. Sixty-one Ninety-two cents of the fee shall be paid to the State Police12
Pension and Retirement Fund. One dollar and fifty cents of the fee shall be13
forwarded by the department to the litter abatement and education account which is14
created within the Conservation Fund through the provisions of R.S. 56:10(B)(15).15
*          *          *16
C.(1) The addition of a motorcycle or motor scooter endorsement to a basic17
license will require, besides the specific examination for such vehicles, the payment18
of an additional fee of eight twelve dollars. If the motorcycle endorsement is to any19
license which is valid for less than four six years, the fee for the endorsement will20
be four dollars.21
(2) Notwithstanding any provisions of law to the contrary and subject to the22
exceptions contained in Article VII, Section 9(A) of the Constitution of Louisiana,23
the amount of five seven dollars and fifty cents from the fee for a motorcycle or24
motor scooter endorsement to a basic license, or the amount of two three dollars25
from the fee if the motorcycle endorsement for any person is to a license that is valid26
for only less than four six years shall be credited to the Bond Security and27
Redemption Fund. After a sufficient amount is allocated from that fund to pay all28
obligations secured by the full faith and credit of the state which become due and29
payable within any fiscal years, the treasurer shall pay an amount equal to the fees30 SB NO. 582	ENROLLED
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paid into the Bond Security and Redemption Fund pursuant to this Paragraph into a1
special fund which is hereby created in the state treasury and designated as the2
"Motorcycle Safety, Awareness, and Operator Training Program Fund", hereinafter3
referred to as the "fund". The monies credited to the fund shall be used solely for4
operator training, instructor training, and motorcycle safety and awareness programs.5
Any unexpended and unencumbered monies remaining to the credit of the fund on6
June thirtieth of each year, after all appropriations of the preceding fiscal year have7
been made, shall revert to the state general fund. The monies in the fund shall be8
expended solely from year to year as appropriated by the legislature for the purposes9
of motorcycle safety and awareness and operator training. Any amounts earned10
through investment of the monies in the fund shall revert to the state general fund.11
*          *          *12
§412.1. Handling charges13
*          *          *14
B. Except as provided in Subsection D, the office of motor vehicles shall15
collect, in addition to any fee authorized by law, a handling charge of twelve16
dollars for each of the following transactions: 17
(1) Class D and Class E drivers' licenses: 18
(a) New applications. 19
(b) Renewals. 20
(c) Duplicates. 21
(d) Valid without photo. 22
C. Additional handling charges of eight dollars may be established by the23
office of motor vehicles upon transactions not specifically named in Subsection24
Subsections A and B of this Section in accordance with procedures in the25
Administrative Procedure Act. 26
C.D. Two Three dollars and seventy-five cents on Class "D" and "E"27
driver's license transactions, and two dollars and fifty cents of the fee charged for28
any all other handling fees charged or collected shall be forwarded to the state29
treasurer for deposit in to the Office of Motor Vehicles Customer Service and30 SB NO. 582	ENROLLED
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Technology Fund created pursuant to the provisions of R.S. 32:429.2. 1
D. E.  A child who is in foster care, as defined in Article 603 of the Louisiana2
Children's Code, shall not be required to pay the handling fee or other charge in order3
to obtain a driver's license or identification card. 4
*          *          *5
§412.3. Office of Motor Vehicles Driver's License Escrow Fund; Office of6
Motor Vehicles Handling Fee Escrow Fund7
A. There is hereby created, as special funds in the state treasury, the8
Office of Motor Vehicles Driver's License Escrow Fund, and the Office of Motor9
Vehicles Handling Fee Escrow Fund.10
B.(1) After compliance with the requirements of Article VII, Section11
9(B) of the Constitution of Louisiana relative to the Bond Security and12
Redemption Fund, and after a sufficient amount is allocated from that fund to13
pay all of the obligations secured by the full faith and credit of the state which14
become due and payable within any fiscal year, the treasurer shall pay an15
amount equal to one third of the monies received by the state treasury pursuant16
to the provisions of R.S. 32:412 into the Office of Motor Vehicles Driver's17
License Escrow Fund. The monies in this fund shall be used solely as provided18
in Subsection D of this Section. All unexpended and unencumbered monies in19
this fund at the end of the fiscal year shall remain in the fund to cover under20
collections in any subsequent fiscal year.  The monies in the fund shall be21
invested by the state treasurer in the same manner as monies in the state22
general fund and shall be deposited into the state general fund.23
(2) The calculation required under the provisions of Subsection D of this24
Section shall be made prior to the distribution to the board of trustees of the25
police pension funds of the city of New Orleans, the State Police Pension and26
Retirement Fund, and the Conservation Fund under the provisions of R.S.27
56:10(B)(15).28
C. After compliance with the requirements of Article VII, Section 9(B)29
of the Constitution of Louisiana relative to the Bond Security and Redemption30 SB NO. 582	ENROLLED
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Fund, and after a sufficient amount is allocated from that fund to pay all of the1
obligations secured by the full faith and credit of the state which become due2
and payable within any fiscal year, the treasurer shall pay an amount equal to3
one third of the monies received by the state treasury pursuant to the provisions4
of R.S. 32:412.1 into the Office of Motor Vehicles Handling Fee Escrow Fund.5
The monies in this fund shall be used solely as provided in Subsection E of this6
Section.  All unexpended and unencumbered monies in this fund at the end of7
the fiscal year shall remain in the fund to cover under collections in any8
subsequent fiscal year. The monies in the fund shall be invested by the state9
treasurer in the same manner as monies in the state general fund and shall be10
deposited into the state general fund.11
D. Of the monies escrowed in the Office of Motor Vehicles Driver's12
License Escrow Fund, one-half shall be appropriated in Fiscal Years 2020, 2026,13
and 2032 and one-half shall be appropriated in Fiscal Years 2021, 2027, and14
2033.15
E.(1) Of the monies escrowed in the Office of Motor Vehicles Handling16
Fee Escrow Fund.  In appropriating money from this fund in the fifth and sixth17
year of the driver's license cycle, one-half shall be appropriated in Fiscal Years18
2020, 2026, and 2032 and one-half shall be appropriated in Fiscal Years 2021,19
2027, and 2033.20
(2) Of the monies appropriated under the provisions of this Subsection,21
sixty-eight and seventy-five one-hundredths percent of the funds shall be22
allocated to self-generated revenue and thirty-one and twenty-five one-23
hundredths percent of the funds shall be allocated to the Office of Motor24
Vehicles Customer Service and Technology Fund.25
*          *          *26
§429. Office of motor vehicles field offices; authorization of fees27
A.(1) The governing authority of any local governmental subdivision is28
hereby authorized to levy, by resolution, a fee for each service or transaction carried29
out as an operation of an office of motor vehicles field office that is not fully funded30 SB NO. 582	ENROLLED
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by the state. Except as provided in Paragraph (2) of this Subsection, the fee shall not1
exceed three four dollars and fifty cents per service or transaction and shall be used2
solely to defray the cost of operations of that local field office, including but not3
limited to facility rental, utilities, and maintenance. The fee shall not be charged for4
the procurement or renewal of a motor vehicle registration license. 5
(2) The fee provided for in Paragraph (1) of this Subsection may be levied in6
an amount not to exceed four six dollars by the local governing authority of Orleans7
Parish. 8
Section 2. R.S. 32:409.1(A)(2)(ff) is hereby amended and reenacted to read as9
follows:10
§409.1. Application or special certificate applications; penalties for false11
information12
A.13
*          *          *14
(2) An applicant for a driver's license shall provide the following information:15
*          *          *16
(ff) Passport. Foreign passports must be appropriately stamped and17
accompanied by proper immigration documents that permit the applicant to maintain18
a legal presence in the United States for at least one hundred eighty calendar days;19
except, however, such passports and immigration documents of applications who are20
employed in the agricultural industry must permit the applicant to maintain a legal21
presence in the United States for at least sixty calendar days , and such passports22
and immigration documents of applicants who are attempting to renew a23
driver's license must permit the applicant to maintain a legal presence in the24
United States for at least thirty calendar days. 25
*          *          *26
Section 3. R.S. 32:412.1(A)(1) is hereby repealed in its entirety. 27
Section 4. Sections 1 and 3 of this Act shall become effective July 1, 2015.28
Section 5. This Section and Sections 2 and 4 shall become effective upon signature29
by the governor or, if not signed by the governor, upon expiration of the time for bills to30 SB NO. 582	ENROLLED
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become law without signature by the governor, as provided by Article III, Section 18 of the1
Constitution of Louisiana. If vetoed by the governor and subsequently approved by the2
legislature, this Act shall become effective on the day following such approval.3
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: