Louisiana 2016 2016 Regular Session

Louisiana House Bill HB702 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 702 Original	2016 Regular Session	Jimmy Harris
Abstract: Provides for the issuance of REAL ID compliant driver's licenses and special
identification cards.
Present law (Act No. 807 of the 2008 R.S.) directs the Dept. of Public Safety and Corrections,
including the office of motor vehicles, not to implement the provisions of the REAL ID Act.
Proposed law repeals present law.
Present law (Act No. 151 of the 2010 R.S.) directs the Dept. of Public Safety and Corrections,
including the office of motor vehicles, not to implement the provisions of the PASS ID Act.
Proposed law repeals present law.
Proposed law requires that the department provide for the option of the issuance of driver's licenses
and special identification cards that are compliant or not compliant with the standards of the REAL
ID Act of 2005 and federal rules adopted pursuant thereto as of Jan. 1, 2016 in the manner set forth
in proposed law.
Proposed law specifies that a person can only be issued a REAL ID compliant driver's license or
REAL ID compliant special identification card.  Prohibits a person from having more than one
REAL ID compliant credential.
Proposed law provides that any person applying for a driver's license or special identification card
may elect to apply for a driver's license or special identification card that complies with the standards
of REAL ID.  Specifies that if that person is eligible for a driver's license or special identification
card and meets all requirements of the U.S. Dept. of Homeland Security for a REAL ID compliant
credential, that person shall be issued a driver's license or special identification card which bears a
U.S. Dept. of Homeland Security approved security marking reflecting that such credential meets
REAL ID standards.
Proposed law provides that if a person applying for a driver's license does not elect to apply for a
driver's license or special identification card that complies with REAL ID standards and that person
is otherwise eligible to be issued a driver's license or special identification card pursuant present law,
that person shall be issued a driver's license or special identification card  which indicates the driver's
license or special identification card  is not in compliance with REAL ID. Proposed law provides that if a person elects not to apply for a REAL ID compliant driver's license
or special identification card, the department shall not require the applicant to comply with any of
the REAL ID requirements which were not required by the state as of Jan. 1, 2016.
Proposed law requires the Dept. of Public Safety and Corrections and the office of motor vehicles
to inform applicants for driver's licenses or special identification cards that they are not required by
law to be issued a REAL ID compliant driver's license or special identification card and may be
issued a driver's license or special identification card which is not REAL ID compliant.  Requires
the applicant indicate on his driver's license application whether he is applying for a REAL ID
compliant driver's license or special identification card or a driver's license or special identification
card that is not REAL ID compliant.
Proposed law requires the Dept. of Public Safety and Corrections and the office of motor vehicles
to post a sign in each of their locations that provides a complete description of the REAL ID
compliant driver's license and special identification card, including but not limited to an explanation
of what the license or special identification card does, what information is collected and maintained,
who has access to the data collected, how the data collected will be utilized, and that persons are not
required by the state to accept the REAL ID compliant driver's license or special identification card.
Proposed law requires that compliance with REAL ID referenced in proposed law be limited to those
standards in effect as of Jan. 1, 2016.
Proposed law specifies that any subsequent changes or additions to federal laws or rules for
implementation of REAL ID can only be implemented by the state if such changes are approved by
the legislature by a favorable vote of a majority of the elected members of each house.
Proposed law provides that any eligible person electing to obtain a driver's license or special
identification card which bears a U.S. Dept. of Homeland Security approved security marking
reflecting that such credential meets REAL ID standards prior to the renewal date of his driver's
license or special identification card may be issued a duplicate license or card.
Proposed law provides that the Dept. of Public Safety and Corrections, office of motor vehicles, shall 
provide to the House and Senate Committees on Transportation, Highways and Public Works a
specific and detailed list of those standards in effect as of Jan. 1, 2016, to which compliance with
REAL ID in La. is limited in this Subsection.
(Adds R.S. 32:410(E) and R.S. 40:1321(O); Repeals Act No. 807 of the 2008 R.S. and Act No. 151
of the 2010 R.S.)