Louisiana 2020 2020 Regular Session

Louisiana House Bill HB810 Comm Sub / Analysis

                    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 810 Original	2020 Regular Session	James
Abstract:  Provides for the acceptance of digitized identification cards by financial institutions and
persons engaged in trade or commerce.
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.
Proposed law retains present law.
Present law provides that when so requested,  in connection with requests for identification that are
not associated with traffic stops or checkpoints, a person may be required to produce a physical
driver's license to law enforcement, a state or federal department or agency, or a private entity. 
Proposed law removes the requirement to produce a physical license to a state department or agency
or a private entity when so requested, in connection with requests for identification that are not
associated with traffic stops or checkpoints.
Proposed law defines "consumer", "customer", "digitized identification card", "person", and "trade"
or "commerce". 
Proposed law requires financial institutions to accept the digitized identification card of a customer
as a valid form of identification when identification is requested for the purpose of proving the
customer's identity.  Further, proposed law provides that a copy, photograph, or image of a digitized
identification card that is not downloaded through the 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 financial institution to view, search, or access any other data or application on the
mobile device and requires that a financial institution promptly return the mobile device to the
customer once the financial institution has had an opportunity to verify the customer's identity and
current status of the license or identification card.
Proposed law requires a person who is engaged in trade or commerce to accept the 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.  Further, proposed law provides that a copy,
photograph, or image of a digitized identification card that is not downloaded through the 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 provides that the state or any of its agencies shall under no circumstances be held
liable as a result of the use or misuse of a digitized identification card.
(Amends R.S. 40:1321(B)(2)(c); Adds R.S. 6:2(18) and 6 and R.S. 51:3211 and 3212)