GREEN SHEET REDIGEST
HB 702 2016 Regular Session Jimmy Harris
(KEYWORD, SUMMARY, AND DIGEST as amended by Senate committee
amendments)
MTR VEHICLE/DRIVER LIC. Provides for the issuance of REAL ID
compliant special identification card.
DIGEST
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 drivers'
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
January 1, 2016, in the manner set forth in proposed law.
Proposed law specifies that a person can either be issued a REAL ID compliant driver's
license or a REAL ID special identification card, and not both.
Proposed law provides that any person applying for a driver's license or a special
identification card may elect to apply either for a driver's license or a special identification
card that complies with the standards of REAL ID. Specifies that if that person is eligible
for a driver's license or a 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
either 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 to 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 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 January 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 and 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 to indicate on his driver's license or
special identification 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. Further requires each applicant to indicate on his driver's license
or special identification card application that he was provided a printed document that
includes the following: (1) the documents required to obtain a REAL ID compliant driver's
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Prepared by Sharon F. Lyles. license or special identification card and the documents required to obtain a driver's license
or special identification card that is not REAL ID compliant; (2) the purposes for which a
REAL ID compliant driver's license or special identification card may be utilized and the
purposes for which a driver's license or special identification card that is not REAL ID
compliant may be utilized; and (3) information about the electronic technology incorporated
into a REAL ID compliant driver's license or special identification card and the electronic
technology incorporated into a driver's license or special identification card that is not REAL
ID compliant.
Proposed law requires that compliance with REAL ID referenced in proposed law be limited
to those standards in effect as of January 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 REAL ID compliant card
at the cost of a duplicate card.
Proposed law provides that, prior to January 2017, the Dept. of Public Safety and
Corrections, office of motor vehicles, must 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 January 1, 2016, to which compliance with REAL ID in Louisiana is limited in
proposed law.
Effective upon signature of the governor or lapse of time for gubernatorial action.
(Adds R.S. 32:410(E) and (F) and R.S. 40:1321(O); Repeals Act No. 807 of the 2008 R.S.
and Act No. 151 of the 2010 R.S.)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Transportation,
Highways and Public Works to the original bill:
1. Adds a person may obtain a REAL ID compliant driver's license or special
identification card prior to the renewal date of such driver's license or special
identification card at the cost of a duplicate license or card.
The House Floor Amendments to the engrossed bill:
1. Remove proposed law provisions providing for the option of the issuance of
driver's licenses that are compliant or not compliant with the REAL ID Act.
2. Prohibit the issuance of REAL ID compliant driver's licenses and requires every
license issued include an indication that such license is not REAL ID compliant.
3. Prohibit the department from copying, scanning, maintaining, or sharing personal
identifying source documents or biometrics obtained from any person during the
driver's license issuance or renewal application process.
4. Establish procedures for disposal of personal identifying source documents or
photographs of applicants obtained by the department or a contractor during the
application process between July 7, 2008, and the effective date of proposed law
that was not required to be captured by the department or a contractor prior to
July 7, 2008.
5. Authorize the department to retain photographs of a person captured during the
application process between July 7, 2008, and the effective date of proposed law
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Prepared by Sharon F. Lyles. but requires any such photographs be removed and purged from all databases and
systems of any contractor.
6. Require the department to notify, in writing, any person who has personal
identifying source documents or photographs disposed of or retained pursuant to
proposed law and requires that such person be apprised of what was disposed of
or retained by the department or a contractor.
7. Defines the terms "contractor", "personal identifying source documents", and
"photographs" for purposes of proposed law.
8. Require each applicant to indicate on his special identification card application
that he was provided a printed document that includes: the documents required
to obtain a REAL ID compliant special identification card and the documents
required to obtain a special identification card that is not REAL ID compliant,
the purposes for which a REAL ID compliant special identification card may be
utilized and the purposes for which a special identification card that is not REAL
ID compliant may be utilized, and information about the electronic technology
incorporated into a REAL ID compliant special identification card and the
electronic technology incorporated into a special identification card that is not
REAL ID compliant.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Transportation, Highways,
and Public Works to the reengrossed bill
1. Provides for the option of the issuance of driver's licenses that are compliant or
not compliant with the REAL ID Act.
2. Authorizes issuance of REAL ID compliant driver's licenses and requires the
license to bear a U.S. Dept. of Homeland Security approved security marking
indicating such license is REAL ID compliant.
3. Prohibits issuance of a REAL ID compliant special identification card to a person
with a REAL ID compliant driver's license.
4. Authorizes issuance of a driver's license that is not REAL ID compliant and
requires the license to indicate that it is not REAL ID compliant; prohibits the
DPSC from requiring a person who applies for a noncompliant REAL ID driver's
license to comply with any REAL ID requirements not required by the state as
of January 1, 2016, to submit to facial image capture prior to issuance of the
license, and from copying, scanning, maintaining, or sharing the applicant's
documents proving his identity, to include applicant's birth certificate, social
security card, or U. S. passport.
5. Requires the DPSC to inform each applicant for a driver's license of his option
to apply for either a REAL ID compliant or non-REAL ID compliant driver's
license; requires the applicant's application to indicate his choice; requires the
DPSC to provide a printed document that informs a driver's license applicant of
the documents required, the purposes of, and the electronic technology
incorporated for both types of driver's license.
6. Provides that compliance with REAL ID standards in Louisiana is limited to
those standards in effect as of January 1, 2016, and that any subsequent change
or addition to federal law or rule requires approval by a majority vote of the
legislature prior to implementation by the state.
7. Allows a driver's license applicant to request DPSC to record and retain the
applicant's name, date of birth, certificate number, date filed, and issuing agency
in lieu of retaining an image or copy of the applicant's birth certificate.
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Prepared by Sharon F. Lyles. 8. Requires DPSC, office of motor vehicles, prior to January 2017, to 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 January 1, 2016, to
which compliance with REAL ID in Louiaiana is limited.
9. Requires DPSC upon request of any person to remove and purge from DPSC and
contractor databases and systems any personal identifying source documents and
to purge photographs of such person from a contractor database or system
obtained by DPSC or a contractor in the process of a person applying for or
renewing a driver's license between July 7, 2008, and the effective date of the
Act which originated as House Bill No. 702 of this 2016 Regular Session of the
Legislature that were not required by state law to be captured by the department
or a contractor as of July 7, 2008.
10.Makes technical corrections.
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Prepared by Sharon F. Lyles.