HLS 16RS-859 REENGROSSED
2016 Regular Session
HOUSE BILL NO. 481
BY REPRESENTATIVE JAMES AND SENATOR BISHOP
MTR VEHICLE/DRIVER LIC: Provides relative to the issuance and possession of drivers'
licenses
1 AN ACT
2To amend and reenact R.S. 32:411(F)(1) and 412(D)(6) and to enact R.S. 32:411(F)(3),
3 relative to the issuance and possession of drivers' licenses; to provide for the issuance
4 of a digitized driver's license; to provide new requirements for the issuance of a
5 driver's license that was renewed by mail or electronic commerce; and to provide for
6 related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 32:411(F)(1) and 412(D)(6) are hereby amended and reenacted and
9R.S. 32:411(F)(3) is hereby enacted to read as follows:
10 §411. Deposit of license in lieu of security upon arrest; receipt; licensee to have
11 license or receipt in immediate possession; notification to vehicle owner;
12 surrender of license; issuance of temporary permits
13 * * *
14 F.(1) The licensee shall have his license, or a digitized driver's license as
15 provided in this Section, in his immediate possession at all times when driving a
16 motor vehicle and shall display it upon demand of any officer or agent of the
17 department or any police officer of the state, parish, or municipality, except that
18 where the licensee has previously deposited his license as provided in Subsection C
19 of this Section, and has received a receipt, as provided in Subsection D of this
20 Section, the licensee shall display the receipt upon demand of any officer or agent
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HB NO. 481
1 of the department or any police officer of the state, parish, or municipality, the same
2 to serve as a substitute for the license until the license is returned to the licensee.
3 However, when an officer or agent of the department or any police officer of the
4 state, or any parish or municipality has reasonable grounds to believe a person has
5 committed an offense of driving without a valid driver's license in his possession, the
6 police officer shall make every practical attempt based on identifying information
7 provided by the person to confirm that the person has been issued a valid driver's
8 license. If the police officer determines that the person has been issued a valid
9 driver's license which is neither under revocation, suspension, or nor suspension, nor
10 cancellation, but that the license is not in his possession, the peace officer shall issue
11 a written summons to the offender in accordance with law, commanding him to
12 appear and answer the charge.
13 * * *
14 (3)(a) For the purposes of this Subsection, a digitized driver's license shall
15 mean a data file available on any mobile device which has connectivity to the
16 internet through an application which allows the mobile device to download the data
17 file from the department or an authorized representative of the department, which
18 contains all of the data elements visible on the face and back of the license, and also
19 displays the current status of the license. For the purposes of this Subparagraph,
20 "current status" shall include but is not limited to valid, expired, cancelled,
21 suspended, disqualified, hardship, or interlock hardship status.
22 (b) A digital copy, photograph, or image of a driver's license which is not
23 downloaded through the application on a mobile device shall not be a valid digitized
24 driver's license as provided by this Section.
25 (c) If a person is unable to produce a physical driver's license issued by the
26 department, in connection with a traffic stop or checkpoint, the person may present
27 a digitized driver's license to a law enforcement officer and shall not be issued any
28 citation for driving a motor vehicle without a valid license in his possession. Except
29 as provided in this Paragraph, a law enforcement officer or a representative of the
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HB NO. 481
1 department is authorized to require the person to produce the physical driver's license
2 issued by the department, even if the person has a digitized driver's license on his
3 mobile device, and the failure to produce such physical driver's license when so
4 requested shall subject the person to all the applicable laws and consequences for
5 failure to produce such license.
6 (d) The department shall promulgate such rules as are necessary to
7 implement a digitized driver's license. No digitized driver's license shall be valid
8 until the department has adopted such rules.
9 (e) The display of a digitized driver's license shall not serve as consent or
10 authorization for a law enforcement officer, or any other person, to search, view, or
11 access any other data or application on the mobile device. If a person presents their
12 mobile device to a law enforcement officer for purposes of displaying their digitized
13 driver's license, the law enforcement officer shall promptly return the mobile device
14 to the person once he has had an opportunity to verify the identity and license status
15 of the person.
16 * * *
17 §412. Amount of fees; credit or refund; duration of license; veteran designation;
18 university logo; "I'm a Cajun" designation; disbursement of funds; renewal
19 by mail or electronic commerce of Class "D" or "E" drivers' licenses;
20 disposition of certain fees; exception
21 * * *
22 D.
23 * * *
24 (6) When a license is renewed by mail or electronic commerce, the secretary
25 shall issue a new license which indicates the new expiration date evidence of renewal
26 which shall be affixed to the previously issued license to indicate the date the license
27 expires in the future.
28 * * *
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HB NO. 481
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 481 Reengrossed 2016 Regular Session James
Abstract: Provides for the issuance of a digitized driver's license and new requirements for
the issuance of a driver's license that is renewed by mail or electronic commerce.
Present law requires that a licensee have his license in his immediate possession at all times
when driving a motor vehicle.
Proposed law modifies present law by authorizing a licensee to have a digitized driver's
license provided by the Dept. of Public Safety and Corrections, office of motor vehicles, as
an alternative to his physical license.
Proposed law defines digitized driver's license as a data file available on any mobile device
which has connectivity to the internet through an application, which allows the mobile
device to download the data file from the department or an authorized representative of the
department, which contains all of the data elements visible on the face and back of the
physical license and the current status of the license and provides that a copy, photograph,
or image of a driver's license not downloaded through the application on a mobile device is
not a valid digitized driver's license.
Proposed law prohibits issuance of a citation, in connection with a traffic stop or checkpoint,
for driving a motor vehicle without a valid license in his possession if a person presents a
digitized driver's license to a law enforcement officer in lieu of a physical driver's license
issued by the department.
Proposed law authorizes a law enforcement officer or a representative of the department to
require a person to produce the physical driver's license issued by the department, except as
provided for in proposed law, and provides that the failure to produce such physical driver's
license subjects the person to all applicable laws and consequences for failure to produce
such license.
Proposed law requires the department to establish rules necessary to implement a digitized
driver's license.
Proposed law specifies that display of a digitized driver's license does not serve as consent
or authorization for a law enforcement officer, or any other person, to view, search, or access
any other data or application on the mobile device and requires that a law enforcement
officer promptly return the mobile device to the person once he has had an opportunity to
verify the identity and license status.
Present law requires the secretary of the Dept. of Public Safety and Corrections to issue
evidence of renewal of Class "D" or "E" drivers' licenses, which must be affixed to the
previously issued license, to indicate the date the license expires in the future when a license
is renewed by mail or electronic commerce.
Proposed law modifies present law by requiring the secretary to issue a new license which
indicates the new expiration date when a license is renewed by mail or electronic commerce.
(Amends R.S. 32:411(F)(1) and 412(D)(6); Adds R.S. 32:411(F)(3))
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HB NO. 481
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Transportation,
Highways and Public Works to the original bill:
1. Make technical changes.
2. Authorize a licensee to have a digitized driver's license provided by the Dept. of
Public Safety and Corrections, office of motor vehicles, as an alternative to his
physical license.
3. Define digitized driver's license as a data file available on any mobile device
which has connectivity to the internet through an application, which allows the
mobile device to download the data file from the department or an authorized
representative of the department, which contains all of the data elements visible
on the face and back of the physical license and the current status of the license
and provide that a copy, photograph, or image of a driver's license not
downloaded through the application on a mobile device is not a valid digitized
driver's license.
4. Prohibit the issuance of a citation, in connection with a traffic stop or checkpoint,
for driving a motor vehicle without a valid license in his possession if a person
presents a digitized driver's license instead of a physical driver's license to a law
enforcement officer.
5. Authorize a law enforcement officer or department representative to require a
person to produce the physical driver's license issued by the department, except
as provided for in proposed law, and provides that the failure to produce such
physical driver's license subjects the person to all applicable laws and
consequences for failure to produce such license.
6. Require the department to establish rules necessary to implement a digitized
driver's license.
7. Specify that display of a digitized driver's license to a law enforcement officer,
or any other person, does not permit the officer or other person to search, view,
or access any other data or application on the mobile device and that the mobile
device must be promptly returned to the owner once his identity and license
status has been verified.
The House Floor Amendments to the engrossed bill:
1. Make technical changes.
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are additions.