SLS 16RS-523 ORIGINAL
2016 Regular Session
SENATE BILL NO. 227
BY SENATOR COLOMB
MOTOR VEHICLES. Provides for the issuance of REAL ID compliant driver's licenses and
special identification cards. (gov sig)
1 AN ACT
2 To enact R.S. 32:410(E) and R.S. 40:1321(O) and to repeal Act No. 807 of the 2008 Regular
3 Session of the Legislature and Act No. 151 of the 2010 Regular Session of the
4 Legislature, relative to the issuance of drivers' licenses and special identification
5 cards in compliance with the REAL ID Act of 2005; to provide for implementation
6 of the REAL ID Act; to provide for exceptions; to provide for an effective date; and
7 to provide for related matters.
8 Be it enacted by the Legislature of Louisiana:
9 Section 1. R.S. 32:410(E) is hereby enacted to read as follows:
10 §410. Form of license; photograph, signature of licensee, anatomical gift statement,
11 declaration of life-sustaining procedures, and additional information
12 on license
13 * * *
14 E.(1) The department shall provide for the option of the issuance of
15 drivers' licenses that are compliant or not compliant with the standards of the
16 REAL ID Act of 2005, P. L. 109-13, and federal rules adopted pursuant thereto
17 as of January 1, 2016, hereinafter collectively referred to as REAL ID, in the
Page 1 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 227
SLS 16RS-523 ORIGINAL
1 manner set forth in this Subsection.
2 (2) Any person applying for a driver's license pursuant to the provisions
3 of this Chapter may elect to apply for a driver's license that complies with the
4 standards of REAL ID. If that person is eligible for a driver's license to be
5 issued pursuant to the provisions of this Chapter and meets all requirements of
6 the United States Department of Homeland Security for a REAL ID compliant
7 credential, that person shall be issued a driver's license which bears a United
8 States Department of Homeland Security approved security marking reflecting
9 that such credential meets REAL ID standards. A person, who is issued a
10 REAL ID compliant driver's license, shall not be issued a REAL ID compliant
11 special identification card.
12 (3) If a person applying for a driver's license pursuant to the provisions
13 of this Chapter does not elect to apply for a driver's license that complies with
14 REAL ID standards and that person is otherwise eligible to be issued a driver's
15 license pursuant to the provisions of this Chapter that person shall be issued a
16 driver's license which indicates the driver's license is not in compliance with
17 REAL ID. If the person has elected not to apply for a REAL ID compliant
18 driver's license, the department shall not require the applicant to comply with
19 any of the REAL ID requirements which were not required by the state as of
20 January 1, 2016.
21 (4)(a) Each applicant for a driver's license shall be informed that he is
22 not required by law to be issued a REAL ID compliant driver's license and may
23 be issued a driver's license which is not REAL ID compliant. The applicant
24 shall be required to indicate on his driver's license application whether he is
25 applying for a REAL ID compliant driver's license or a driver's license that is
26 not REAL ID compliant.
27 (b) The office of motor vehicles shall post a sign in each location that
28 provides a complete description of the REAL ID compliant driver's license,
29 including but not limited to an explanation of what the license does, what
Page 2 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 227
SLS 16RS-523 ORIGINAL
1 information is collected and maintained, who has access to the data collected,
2 how the data collected will be utilized, and that persons are not required by the
3 state to accept the "gold star" or the REAL ID compliant driver's license.
4 (5) Compliance with REAL ID referenced in this Subsection shall be
5 limited to those standards in effect as of January 1, 2016. Any subsequent
6 changes or additions to federal laws or rules for implementation of REAL ID
7 shall be implemented by the state if and only if such changes are approved by
8 the legislature by a favorable vote of a majority of the elected members of each
9 house.
10 (6) Any eligible person electing to obtain a driver's license which bears
11 a United States Department of Homeland Security approved security marking
12 reflecting that such credential meets REAL ID standards prior to the renewal
13 date of his driver's license may be issued a duplicate license.
14 (7) Before January 2017, the Department of Public Safety and
15 Corrections, office of motor vehicles, shall provide to the Senate and House
16 committees on transportation, highways and public works a specific and
17 detailed list of those standards in effect as of January 1, 2016, to which
18 compliance with REAL ID in Louisiana is limited in this Subsection.
19 Section 2. R.S. 40:1321(O) is hereby enacted to read as follows:
20 §1321. Special identification cards; issuance; veteran designation; university logo;
21 "I'm a Cajun" designation; fees; expiration and renewal; exceptions;
22 promulgation of rules; promotion of use; persons less than twenty-
23 one years of age; the Protect and Save our Children Program;
24 Selective Service Registration
25 * * *
26 O.(1) The Department of Public Safety and Corrections, office of motor
27 vehicles, hereinafter in this Subsection referred to as "department", shall
28 provide for the option of the issuance of special identification cards that are
29 compliant with the standards of the REAL ID Act of 2005, P. L. 109-13, and
Page 3 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 227
SLS 16RS-523 ORIGINAL
1 federal rules adopted pursuant thereto as of January 1, 2016, hereinafter
2 collectively referred to as REAL ID, for official purposes, in the manner set
3 forth in this Subsection.
4 (2) Any person applying for a special identification card pursuant to the
5 provisions of this Section may elect to apply for a special identification card that
6 complies with the standards of REAL ID. If that person is eligible for a special
7 identification card to be issued pursuant to the provisions of this Section and
8 meets all requirements of the United States Department of Homeland Security
9 for a REAL ID compliant credential, that person shall be issued a special
10 identification card which bears a United States Department of Homeland
11 Security approved security marking reflecting that such credential meets REAL
12 ID standards. A person who is issued a REAL ID compliant special
13 identification card shall not be issued a REAL ID compliant driver's license.
14 (3) If a person applying for a special identification card pursuant to the
15 provisions of this Section does not elect to apply for a license that complies with
16 REAL ID standards and that person is otherwise eligible to be issued a special
17 identification card pursuant to the provisions of this Section, that person shall
18 be issued a special identification card which indicates the special identification
19 card is not in compliance with REAL ID. If the person has elected not to apply
20 for a REAL ID compliant special identification card, the department shall not
21 require the applicant to comply with any of the REAL ID requirements, other
22 than those required by this Paragraph, which were not required by the state as
23 of January 1, 2016.
24 (4)(a) Each applicant for a special identification card shall be informed
25 that he is not required by law to be issued a REAL ID special identification card
26 and may be issued a special identification card which is not REAL ID
27 compliant. The applicant shall be required to indicate on the special
28 identification card application whether he is applying for a REAL ID compliant
29 special identification card or a special identification card that is not REAL ID
Page 4 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 227
SLS 16RS-523 ORIGINAL
1 compliant.
2 (b) The office of motor vehicles shall post a sign in each location that
3 provides a complete description of the REAL ID compliant special identification
4 card, including but not limited to an explanation of what the special
5 identification card does, what information is collected and maintained, who has
6 access to the data collected, how the data collected will be utilized, and that
7 persons are not required by the state to accept the "gold star" or the REAL ID
8 compliant special identification card.
9 (5) Compliance with REAL ID referenced in this Subsection shall be
10 limited to those standards in effect as of January 1, 2016. Any subsequent
11 changes or additions to federal laws or rules for implementation of REAL ID
12 shall be implemented by the state if and only if such changes are approved by
13 the legislature by a favorable vote of a majority of the elected members of each
14 house.
15 (6) Any eligible person electing to obtain a special identification card
16 which bears a United States Department of Homeland Security approved
17 security marking reflecting that such credential meets REAL ID standards
18 prior to the renewal date of his special identification card may be issued a
19 duplicate special identification card.
20 (7) Before January 2017, the department shall provide to the Senate and
21 House committees on transportation, highways and public works a specific and
22 detailed list of those standards in effect as of January 1, 2016, to which
23 compliance with REAL ID in Louisiana is limited in this Subsection.
24 Section 3. Act No. 807 of the 2008 Regular Session of the Legislature and Act No.
25 151 of the 2010 Regular Session of the Legislature are hereby repealed in their entirety.
26 Section 4. This Act shall become effective upon signature by the governor or, if not
27 signed by the governor, upon expiration of the time for bills to become law without signature
28 by the governor, as provided by Article III, Section 18 of the Constitution of Louisiana. If
29 vetoed by the governor and subsequently approved by the legislature, this Act shall become
Page 5 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 227
SLS 16RS-523 ORIGINAL
1 effective on the day following such approval.
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Sharon F. Lyles.
DIGEST
SB 227 Original 2016 Regular Session Colomb
Proposed law provides for the option of the issuance of driver's licenses and special
identification cards in the manner set forth in proposed law that are compliant or not
compliant with the standards of the REAL ID Act of 2005, P. L. 109-13, and federal rules
adopted pursuant thereto as of Jan. 1, 2016.
Proposed law specifies that any person applying for a driver's license or special identification
card pursuant to the provisions of present law may elect to apply for a license that complies
with the standards of REAL ID.
Proposed law provides that if a person is eligible for a driver's license or special
identification card to be issued pursuant to the provisions of present law and meets all
requirements of the U.S. Dept. of Homeland Security for a REAL ID compliant credential,
that person must 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 prohibits issuance of a REAL ID compliant special identification card to a
person who is issued a REAL ID compliant driver's license.
Proposed law prohibits issuance of a REAL ID compliant driver's license to a person who
is issued a REAL ID compliant special identification card.
Proposed law specifies that if a person applying for a driver's license or special identification
card pursuant to the provisions of present law does not elect to apply for a license or special
identification card that complies with REAL ID standards and that person is otherwise
eligible to be issued a license or special identification card pursuant to the provisions of
present law, that person shall be issued a driver's license or special identification card which
indicates the license or special identification card is not in compliance with REAL ID.
Proposed law provides that each applicant for a driver's license or special identification card
shall be informed that if the person has elected 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 provides that each applicant for a driver's license or special identification card
shall be informed that he is not required by law to be issued a REAL ID compliant driver's
license and may be issued a driver's license which is not REAL ID compliant. Provides that
each applicant shall be required to indicate on his driver's license or special identification
card 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 office of motor vehicles to post a sign in each location 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 driver's license
and 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 "gold star" or the REAL ID compliant driver's license and
Page 6 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions. SB NO. 227
SLS 16RS-523 ORIGINAL
special identification card.
Proposed law provides that compliance with REAL ID in proposed law is limited to those
standards in effect as of January 1, 2016, and that any subsequent changes or additions to
federal laws or rules for implementation of REAL ID shall be implemented by the state if
and only 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 United States Department 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
driver's license or special identification card.
Proposed law provides that before January 2017, the office of motor vehicles shall provide
the Senate and House 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 by proposed law is limited.
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.
Effective upon signature of governor or lapse of time for gubernatorial action.
(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.)
Page 7 of 7
Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.