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 54 Engrossed 2020 Second Extraordinary Session James
Abstract: Provides for the acceptance of digitized identification cards at places of business in the
state of La.
Present law authorizes a resident to have a digitized driver's license or identification card provided
by the Dept. of Public Safety and Corrections, office of motor vehicles, as an alternative to a physical
driver's license or identification card (R.S. 32:411).
Proposed law retains present law.
Proposed law defines "consumer", "customer", "digitized identification card", "person", and "trade"
or "commerce".
Proposed law requires a person who is engaged in trade or commerce to accept the state-issued
digitized identification card of a consumer as a valid form of identification when identification is
requested for the purpose of proving the consumer's identity or age.
Proposed law provides that federally insured depository institutions shall not be required to accept
a digitized identification card as a valid form of identification. Such institutions may exercise the
option to accept digitized identification.
Proposed law provides that a copy, photograph, or image of a digitized identification card that is not
downloaded through the state-approved application on a mobile device is not a valid digitized
identification card.
Proposed law specifies that display of a digitized identification card does not serve as consent or
authorization for a person to view, search, or access any other data or application on the mobile
device and requires that a person promptly return the mobile device to the consumer once the person
has had an opportunity to verify the consumer's identity and current status of the license or
identification card.
Proposed law absolves the state and any of its agencies from liability as a result of the use or misuse
of a digitized identification card.
Proposed law authorizes the La. Gaming Control Board and the office of alcohol and tobacco control
to take actions as deemed necessary to ensure respective licensees' compliance with the provisions
of proposed law. Proposed law does not apply to a location of business where a physical copy of an individual's
current driver's license, valid passport, or visa issued by the federal government or another country
or nation, or other card of identity is held in compliance with state or federal law.
(Adds R.S. 51:3211-3214)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Commerce to the original bill:
1. Make technical changes.
2. Require the mobile application be a state-approved application.
3. Specify that proposed law applies to bars, restaurants, casinos, official gaming
establishments, other establishments providing gaming operations, and financial
institutions.
4. Add "educational services" to the definition of "trade" or "commerce".
5. Specify "age" as a form of identification that may be requested.
6. Require that the digital identification be state-issued.
7. Create an exception for federally insured depository institutions.
8. Delete proposed law provision that would have been applicable to businesses needing
physical identification for non-identification purposes.
9. Authorize the La. Gaming Control Board and the office of alcohol and tobacco control
to ensure licensees' compliance with proposed law.
10.Exempt places of business that may require a physical copy of a person's identification
for lawful compliance purposes.