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Coding: Words which are struck through are deletions from existing law;
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Regular Session, 2014
SENATE BILL NO. 640
BY SENATOR PERRY
MOTOR VEHICLES. Provides for driver's licenses and special identification cards not
compliant with REAL ID Act of 2005. (8/1/14)
AN ACT1
To amend and reenact R.S. 32:410(A)(3)(a) and R.S. 40:1321(A), relative to driver's2
licenses and special identification cards; to provide for issuance of driver's licenses3
and special identification cards that are not compliant with the REAL ID Act of4
2005; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. R.S. 32:410(A)(3)(a) is hereby amended and reenacted to read as follows:7
§410. Form of license; photograph, signature of licensee, anatomical gift statement,8
declaration of life-sustaining procedures, and additional information9
on license10
A. * * *11
(3)(a) Every license issued shall bear thereon:12
(i) The distinguishing number assigned to the applicant and shall contain the13
name of the state.14
(ii) The applicant's full legal name. For the purposes of this Item, an15
applicant's full legal name shall be defined in compliance with the Real REAL ID16
Act, if implemented. If and until such time as the Real REAL ID Act is17 SB NO. 640
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
implemented, the applicant's full legal name shall be defined as the given name or1
names that appear on an official birth certificate together with the surname as it2
appears on the official birth certificate, unless the surname is changed in accordance3
with R.S. 9:292. No other name shall be permitted to be used unless the applicant4
provides proof of name change granted by a district court in accordance with the law.5
Should the Real REAL ID Act be implemented, the full legal name shall be defined6
as stated by the Real REAL ID Act. The department shall promulgate rules and7
regulations as are necessary to implement the provisions of this Item.8
(iii) Any person applying for a driver's license pursuant to the9
provisions of this Section, who elects to apply for a driver's license that does not10
comply with REAL ID standards, shall be issued a driver's license. The OMV11
shall not require such an applicant to comply with any REAL ID requirements,12
which were not required by the state as of January 1, 2014, other than those13
required by this Section, and shall not scan or maintain a copy of such14
applicant's documents proving his identity, including but not limited to the15
applicant's birth certificate, social security card, or United States passport.16
(iv) The applicant's mailing address and residential address, if different from17
the mailing address. The residential address provided for issuance of a driver's18
license for any law enforcement officer, court officer, or member of his immediate19
family as defined in R.S. 32:409(C) shall be the residential address which appears20
on the driver's license.21
(iv)(v) The dates of issuance and expiration.22
(v)(vi) The group or groups of motor vehicles the applicant is authorized to23
operate.24
(vi)(vii) The endorsements for which the driver has qualified.25
(vii)(viii) Any applicable restrictions to which the applicant is subject.26
(viii)(ix) Other information to identify the applicant including date of birth27
(month, day, and year), sex, height, weight, and eye and hair color. An applicant's28
license may bear his social security number at his option.29 SB NO. 640
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(ix)(x) Parish of residence code number. The parish code shall be consistent1
with the numerical code as designated by the secretary of state.2
* * *3
Section 2. R.S. 40:1321(A) is hereby amended and reenacted to read as follows:4
§1321. Special identification cards; issuance; veteran designation; "I'm a Cajun"5
designation; fees; expiration and renewal; exceptions; promulgation of rules;6
promotion of use; persons less than twenty-one years of age; the Protect and7
Save our Children Program; Selective Service Registration8
A.(1) Any Louisiana resident may obtain a special identification card from9
the office of motor vehicles within the Department of Public Safety and Corrections,10
hereinafter referred to as "OMV". The identifying information and documents of11
identification required to obtain a special identification card shall be the same as12
those required to obtain a Louisiana driver's license, as stated in R.S. 32:409.1.13
However, if the applicant is seventeen years of age, the signature of the custodial14
parent or guardian shall not be required, provided the applicant has the necessary15
identifying information and documents.16
(2) Any person applying for a special identification card pursuant to the17
provisions of this Section, who elects to apply for a special identification card18
that does not comply with REAL ID standards, shall be issued a special19
identification card. The OMV shall not require such an applicant to comply20
with any REAL ID requirements, which were not required by the state as of21
January 1, 2014, other than those required by this Section, and shall not scan22
or maintain a copy of such applicant's documents proving his identity, including23
but not limited to the applicant's birth certificate, social security card, or United24
States passport.25
* * *26 SB NO. 640
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Sharon F. Lyles.
DIGEST
Perry (SB 640)
Proposed law provides that any person applying for a driver's license or special identification
card under the provisions of present law who elects to apply for such license or card that
does not comply with REAL ID standards, then OMV shall issue such license under the
provisions of present law. Specifies that OMV shall not require such applicant to comply
with any of the REAL ID requirements, which were not required by the state as of Jan. 1,
2014, other than those required by present law, and shall not scan or maintain a copy of such
applicant's documents proving his identity, including but not limited to the applicant's birth
certificate, social security card, or United States passport.
Effective August 1, 2014.
(Amends R.S. 32:410(A)(3)(a) and R.S. 40:1321(A))