Louisiana 2016 2016 Regular Session

Louisiana House Bill HB481 Comm Sub / Analysis

                    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 Engrossed	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 was 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))
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 dept.,
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 dept. 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.