Page 1 of 13 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. 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 Page 2 of 13 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. 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 Page 3 of 13 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. 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 Page 4 of 13 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. 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 * * *23 (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 Page 5 of 13 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. 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 Page 6 of 13 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. 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 * * *7 (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 Page 7 of 13 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. 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 Page 8 of 13 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. 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 Page 9 of 13 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. 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 Page 10 of 13 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. 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 Page 11 of 13 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. 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 Page 12 of 13 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. 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 Page 13 of 13 Coding: Words which are struck through are deletions from existing law; words in boldface type and underscored are additions. 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: