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 500 Original 2021 Regular Session McMahen
Abstract: Provides for the prohibition against alcohol consumption for noncompliance of child
support orders and the placement of restrictions on drivers' licenses.
Judicial prohibition
Proposed law provides that in or ancillary to any action to make past-due child support executory,
for contempt of court for failure to comply with an order of support, or a criminal neglect of family
proceeding the court on its own motion or upon motion of an obligee or the Department of Children
and Family Services (DCFS) shall, unless the court determines good cause exists, issue an order
prohibiting any obligor who is not in compliance with an order of child support from purchasing or
consuming alcohol.
Proposed law provides that the court shall give specific written and oral reasons supporting its
determination of good cause including a finding as to the facts and circumstances that warrant a
determination not to prohibit the obligor from purchasing or consuming alcohol. The reasons shall
become part of the record of the proceeding.
Proposed law provides that an order prohibiting the purchase or consumption of alcohol shall contain
certain information and order the cancellation of any prior licenses to operate a motor vehicle or
special identification cards of the obligor.
Proposed law provides that the court shall report the order to the Department of Public Safety and
Corrections (DPSC) within two days of issuing the order and inform the obligor that his license or
special identification card is subject to cancellation and he is required to obtain a new special
identification card or license listing the prohibition.
Present law provides that a court shall order the suspension of licenses of any obligor who is not in
compliance with an order of child support.
Proposed law provides that a court may order the suspension of licenses no earlier than six months
after issuing a prohibition order pursuant to proposed law.
Present law provides that upon motion of the obligor and contradictory hearing or rescission of an
order of contempt, the court shall issue an order of compliance indicating the obligor is eligible to
have all licenses reissued.
Proposed law retains present law and provides the court shall include in the order of compliance an indication that the obligor is eligible to have the prohibition order revoked.
Present law provides that the court shall issue an order of suspension of a license of any obligor upon
proof of certain conditions.
Proposed law retains present law and provides that the court shall issue an order of prohibition or
suspension under the same conditions provided by present law.
Administrative prohibition
Present law provides that DCFS may send a notice of child support delinquency to an obligor who
is not in compliance with and order of support informing him of DCFS's intention to submit his
name to the licensing authority for suspension of his license.
Proposed law provides that DCFS shall, in its notice, inform the obligor of the department's intention
to prohibit the obligor from purchasing or consuming alcohol and no less than six months later
submit the obligor's name to a licensing authority for suspension of his license.
Present law requires that the notice of child support delinquency include a summary of the obligor's
right to file an objection to the suspension of his license and a brief summary of what the obligor
must do to come into compliance or forestall the suspension.
Proposed law retains present law and provides the notice contain the same information relative to
the prohibition against purchasing or consuming alcohol.
Present law provides that DCFS may certify to the licensing authority that a licensee is not in
compliance with an order of support if DCFS receives a final judgment in an action to make
executory past-due payments under a child support and the judgment provides for the suspension or
revocation of the obligor's license.
Proposed law provides that when an obligor is not in compliance with an order of support, the
department shall do the following:
(1)Prohibit the obligor from purchasing or consuming alcohol.
(2)Certify the noncompliance to DPSC for cancellation of the obligor's license or special
identification card.
(3)Inform the obligor that his license or special identification card is subject to cancellation and
that he is required to obtain a new special identification card or license listing the prohibition
against purchasing or consuming alcohol.
Proposed law provides that if the obligor remains noncompliant six months after DCFS issued the
prohibition against purchasing or consuming alcohol, DCFS shall certify the obligor's noncompliance
to the licensing authority for license suspension in the manner provided by present law. Proposed law provides that DCFS may delay certification of noncompliance for license suspension
past the six month period for good cause shown and shall give specific written reasons supporting
its determination including a finding as to the particular facts and circumstances that warrant a
determination not to suspend the obligor's license.
Present law provides that at the request of an obligor who is in subsequent compliance with an order
of support or provides evidence of his ability to comply with the support order and who enters into
a written agreement with DCFS, DCFS shall issue a compliance release certificate indicating that
the obligor is eligible to have his license reissued
Proposed law retains present law and provides that DCFS shall revoke the prohibition against
purchasing or consuming alcohol under the same conditions provided by present law.
Persons permitted to sell alcoholic beverages
Present law prohibits certain persons permitted to sell alcoholic beverages from engaging in or
permitting certain acts to be done on or about the licensed premises.
Proposed law provides that no such person shall sell or serve alcoholic beverages to any person who
is prohibited from purchasing or consuming alcohol pursuant to proposed law, which can be verified
by a valid, current, driver's license or special identification card containing a photograph of the
person presenting the license or identification card.
Proposed law provides that any person, including the person who holds a retail dealer's permit and
any agent, associate, employee, representative, or servant of any such person, who violates proposed
law shall be fined five hundred dollars.
Proposed law further provides that multiple violations within a six month period are sufficient cause
for the suspension or revocation of a permit.
Issuance of drivers' licenses and special identification cards
Proposed law provides that the drivers' license issued to any person who is prohibited from
purchasing or consuming alcohol shall contain a restriction code which declares that the license
holder is prohibited from consuming or purchasing alcohol and any prior license of the person shall
be cancelled.
Proposed law provides that if the person does not have a valid drivers' license, he shall obtain a
special identification card issued by DPSC containing the same restriction code and any prior
identification card shall be cancelled.
Proposed law provides that violation of proposed law provisions relative to the issuance of the
special identification card result in a fine of not less than $100 and not more than $500 or
imprisonment of not more than six months, or both. Proposed law provides that the driver's license or special identification card shall include the letter
"A" which shall be red in color.
Proposed law provides that the person shall carry upon his person the last driver's license or special
identification card issued to him and shall be responsible for all fees necessary for the cancellation
and issuance thereof.
Proposed law provides that the secretary of DPSC shall comply with proposed law upon receipt of
an order of prohibition or certification of noncompliance and shall establish such rules and
regulations as are necessary to implement the provisions of proposed law.
Proposed law directs the La. State Law Institute to predesignate a misplaced provision of present
law.
(Amends the headings of Subparts C and D of Part III of Ch. 1 of Code Title V of Title 9 of the La.
R.S. of 1950, R.S. 9:315.30, 315.32, 315.34(B)(1), 315.36, 315.41(A) and (B)(1) and (6), 315.42,
315.44, 315.46(B) and (C), and R.S. 26:90(I); Adds R.S. 26:90(A)(17), R.S. 32:412(R), and R.S.
40:1321(S))