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)]
CONFERENCE COMMITTEE REP ORT DIGEST
HB 481	2016 Regular Session	James
Keyword and oneliner of the instrument as it left the House
MTR VEHICLE/DRIVER LIC:  Provides relative to the issuance and possession of drivers' licenses
Report adopts Senate amendments to:
1. Make technical changes.
2. Establish a fee, not to exceed six dollars, for the installation of the application to display a
digitized driver's license.
Report rejects Senate amendments which would have:
1. Removed the provision stating that a law enforcement officer or a representative of the
department is authorized to require a person to produce his physical driver's license issued
by the department if he is stopped for a reason other than a traffic stop or checkpoint.
Report amends the bill to:
1. Prohibit the issuance of a citation to a person for driving a motor vehicle without a physical
driver's license in his possession if he presents a digitized driver's license to a law
enforcement officer in connection with a traffic stop or checkpoint in Louisiana. 
2. Clarify that a person may be required to produce a physical driver's license in connection
with requests for identification not associated with traffic stops or checkpoints in Louisiana
and failure to produce such identification when requested will subject such person to all the
applicable laws and consequences for failure to produce such license.
Digest of the bill as proposed by the Conference Committee
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 that allows the mobile device to download the
data file from the department or an authorized representative of the department, contains all of the
data elements visible on the face and back of the physical license and displays the current status of
the license. Specifies 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 to a person, in connection with a traffic stop or
checkpoint, for driving a motor vehicle without a valid license in his possession if he 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 clarifies that a person may be required to produce a physical driver's license in
connection with requests for identification not associated with traffic stops or checkpoints in
Louisiana and that failure to produce such identification when requested will subject such person to
all the applicable laws and consequences for failure to produce a driver's 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.
Proposed law establishes a fee to install the application to display a digitized driver's license, as
provided in proposed law, not to exceed six dollars.
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))