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)]
CONFERENCE COMMITTEE REP ORT DIGEST
HB 54 2020 Second Extraordinary Session James
Keyword and oneliner of the instrument as it left the House
COMMERCIAL REGULATIONS: Provides relative to the acceptance of digital identification (Item
#28)
Report adopts Senate amendments to:
1. Absolve a private business, legal entity, or a person from liability as a result of the use or
misuse of a digitized identification card.
2. Provide that the following are not required, but may exercise the option, to accept a digitized
identification card as a valid form of identification:
(a) A person who validates identification for certain notarial acts.
(b) A person or entity licensed pursuant to the La. Title Insurance Act.
(c) A licensed used motor vehicle dealer or licensed vehicle dealer.
Report amends the bill to:
1. Provide a termination date for certain exceptions of proposed law.
Digest of the bill as proposed by the Conference Committee
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", "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 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 or age and
current status of the license or identification card.
Proposed law absolves the state and any of its agencies, and also a private business, legal entity, or
person from liability as a result of the use or misuse of a digitized identification card.
Proposed law authorizes the La. Gaming Control Board, La. State Racing Commission, and 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 for lawful compliance purposes.
Proposed law provides that the following are not required to accept a digitized identification card
as a valid form of identification:
(1) Federally insured depository institutions organized under state or federal law.
(2) Certain entities licensed by the La. Gaming Control Board, including casinos, official
gaming establishments, or other establishments providing gaming operations.
(3) Certain entities licensed by the La. State Racing Commission.
(4) A person who validates identification for certain notarial acts.
(5) A person or entity licensed pursuant to the La. Title Insurance Act.
(6) A licensed used motor vehicle dealer or licensed vehicle dealer.
However, proposed law provides that the aforementioned entities, licensees, or persons may exercise
the option to accept a digitized identification card.
Proposed law terminates certain exceptions of proposed law on January 1, 2023. (Adds R.S. 51:3211-3214)