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 450 Engrossed 2018 Regular Session James
Abstract: Clarifies requirements for digitized driver's licenses and establishes digitized special
identification cards.
Present law defines "license" or "driver's license" as any license secured from the Dept. of Public
Safety and Corrections, in accordance with present law to operate a motor vehicle on the highways
of this state.
Proposed law modifies the definition of "license" and "driver's license" to include a license that
complies with the standards of REAL ID as outlined in present law.
Present law requires a licensee have his license, or a digitized driver's license in his immediate
possession at all times when driving a motor vehicle.
Proposed law clarifies that the licensee must have his physical license or digitized driver's license
in his immediate possession at all times when driving a motor vehicle.
Present law defines "digitized drivers license" as a data file available on any mobile device which
has connectivity to the internet through an application that allows the mobile device to download the
data file from the department or an authorized representative of the department, contains all of the
data elements visible on the face and back of the license, and also displays the current status of the
license.
Proposed law clarifies that the term "digitized driver's license" includes a license that complies with
the standards of REAL ID.
Present law authorizes the use of a special identification card as valid identification of a person to
whom it was issued when presented for the purpose of furnishing proof of identification.
Proposed law maintains present law and specifies that the special identification card must be
accepted as valid identification of a person to whom it was issued when it is presented physically or
in the form of a digitized special identification card.
Proposed law defines a "digitized special identification card" as a data file available on any mobile
device which has connectivity to the internet through an application that allows the mobile device
to download the data file from the department or an authorized representative of the department,
contains all of the data elements visible on the face and back of the license and includes any special identification card that complies with the standards of REAL ID as outlined in present law.
Proposed law specifies that a digital copy, photograph, or image of a special identification card that
is not downloaded through the application on a mobile device will not be considered a valid digitized
special identification card.
Proposed law authorizes a law enforcement officer, a representative of a state or federal department
or agency, or a private entity to require a person to produce a physical special identification card in
connection with requests for identification not associated with traffic stops or checkpoints.
Proposed law requires the Dept. of Public Safety and Corrections to promulgate rules as are
necessary to implement a digitized special identification card and specifies that no digitized special
identification card will be valid until such rules are adopted.
Proposed law specifies that display of a digitized special identification card does not serve as consent
or authorization for a law enforcement officer, or any other person, to search, view, or access any
data or application on the mobile device and requires that a law enforcement officer promptly return
the mobile device to the person once he has had an opportunity to verify the identity of the person.
Proposed law provides that the fee to install the application to display a digitized special
identification card cannot exceed $6.
(Amends R.S. 32:401(14), 411(F)(1) and (3)(a), and R.S. 40:1321(B))