SSHB54 3264 669
HOUSE SUMMARY OF SENATE AMENDMENTS
HB 54 2020 Second Extraordinary Session James
COMMERCIAL REGULATIONS: Provides relative to the acceptance of digital
identification (Item #28)
Synopsis of Senate Amendments
1.Absolves a private business, legal entity, or a person from liability as a result
of the use or misuse of a digitized identification card.
2.Provides that the following are not required to, 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.
Digest of Bill as Finally Passed by Senate
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.
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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.
(Adds R.S. 51:3211-3214)
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