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 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.)