ENROLLED
ACT No. 625
2016 Regular Session
HOUSE BILL NO. 481
BY REPRESENTATIVES JAMES AND BOUIE AND SENATOR BISHOP
1 AN ACT
2 To 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 for a fee to install the application to display
5 a digitized driver's license; to provide new requirements for the issuance of a driver's
6 license that was renewed by mail or electronic commerce; and to provide for related
7 matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 32:411(F)(1) and 412(D)(6) are hereby amended and reenacted and
10 R.S. 32:411(F)(3) is hereby enacted to read as follows:
11 §411. Deposit of license in lieu of security upon arrest; receipt; licensee to have
12 license or receipt in immediate possession; notification to vehicle owner;
13 surrender of license; issuance of temporary permits
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1 F.(1) The licensee shall have his license, or a digitized driver's license as
2 provided in this Section, in his immediate possession at all times when driving a
3 motor vehicle and shall display it upon demand of any officer or agent of the
4 department or any police officer of the state, parish, or municipality, except that
5 where the licensee has previously deposited his license as provided in Subsection C
6 of this Section, and has received a receipt, as provided in Subsection D of this
7 Section, the licensee shall display the receipt upon demand of any officer or agent
8 of the department or any police officer of the state, parish, or municipality, the same
9 to serve as a substitute for the license until the license is returned to the licensee.
10 However, when an officer or agent of the department or any police officer of the
11 state, or any parish or municipality has reasonable grounds to believe a person has
12 committed an offense of driving without a valid driver's license in his possession, the
13 police officer shall make every practical attempt based on identifying information
14 provided by the person to confirm that the person has been issued a valid driver's
15 license. If the police officer determines that the person has been issued a valid
16 driver's license which that is neither not under revocation, suspension, or
17 cancellation, but that the license is not in his possession, the peace officer shall issue
18 a written summons to the offender in accordance with law, commanding him to
19 appear and answer the charge.
20 * * *
21 (3)(a) For the purposes of this Subsection, a digitized driver's license shall
22 mean a data file available on any mobile device which has connectivity to the
23 internet through an application that allows the mobile device to download the data
24 file from the department or an authorized representative of the department, contains
25 all of the data elements visible on the face and back of the license, and also displays
26 the current status of the license. For the purposes of this Subparagraph, "current
27 status" shall include but is not limited to valid, expired, cancelled, suspended,
28 disqualified, hardship, or interlock hardship status.
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1 (b) A digital copy, photograph, or image of a driver's license which is not
2 downloaded through the application on a mobile device shall not be a valid digitized
3 driver's license as provided by this Section.
4 (c) A person shall not be issued a citation for driving a motor vehicle without
5 a physical driver's license in his possession if he presents a digitized driver's license
6 to a law enforcement officer in connection with a traffic stop or checkpoint in
7 Louisiana. However, in connection with requests for identification not associated
8 with traffic stops or checkpoints in Louisiana, a person may be required to produce
9 a physical driver's license to a law enforcement officer, a representative of a state or
10 federal department or agency, or a private entity when so requested and be subject
11 to all the applicable laws and consequences for failure to produce such license.
12 (d) The department shall promulgate such rules as are necessary to
13 implement a digitized driver's license. No digitized driver's license shall be valid
14 until the department has adopted such rules.
15 (e) The display of a digitized driver's license shall not serve as consent or
16 authorization for a law enforcement officer, or any other person, to search, view, or
17 access any other data or application on the mobile device. If a person presents their
18 mobile device to a law enforcement officer for purposes of displaying their digitized
19 driver's license, the law enforcement officer shall promptly return the mobile device
20 to the person once he has had an opportunity to verify the identity and license status
21 of the person.
22 (f) The fee to install the application to display a digitized driver's license as
23 defined in Subparagraph (a) of this Paragraph shall not exceed six dollars.
24 * * *
25 §412. Amount of fees; credit or refund; duration of license; veteran designation;
26 university logo; "I'm a Cajun" designation; disbursement of funds; renewal
27 by mail or electronic commerce of Class "D" or "E" drivers' licenses;
28 disposition of certain fees; exception
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1 D.
2 * * *
3 (6) When a license is renewed by mail or electronic commerce, the secretary
4 shall issue a new license which indicates the new expiration date evidence of renewal
5 which shall be affixed to the previously issued license to indicate the date the license
6 expires in the future.
7 * * *
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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