HLS 23RS-652 ORIGINAL
2023 Regular Session
HOUSE BILL NO. 568
BY REPRESENTATIVE PHELPS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
MTR VEHICLE/VIOLATIONS: Provides relative to sanctions for a lapse in required
vehicle liability security
1 AN ACT
2To amend and reenact R.S. 32:863(A)(3)(a), relative to sanctions for violations of required
3 vehicle liability security; to modify the lapse period applicable to sanctions for lapse
4 of required liability security; to provide for rule promulgation; to provide an
5 effective date; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 32:863(A)(3)(a) is hereby amended and reenacted to read as follows:
8 ยง863. Sanctions for false declaration; reinstatement fees; revocation of registration;
9 review
10 A.
11 * * *
12 (3)(a) Sanctions for a violation of Paragraph (1) of this Subsection shall be
13 imposed until proof of required liability security is provided to the secretary and all
14 reinstatement fees are paid. Sanctions for a violation of Paragraph (2) of this
15 Subsection shall be imposed for a period of not less than twelve months nor more
16 than eighteen months. However, in no event shall these sanctions be removed until
17 such time as proof of the required security is provided to the secretary along with all
18 appropriate fees required by law, including a reinstatement fee of one hundred
19 dollars per violation of Paragraph (1) of this Subsection if the vehicle was not
20 covered by the required security for a period of one to thirty days, two hundred fifty
Page 1 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 23RS-652 ORIGINAL
HB NO. 568
1 dollars if the vehicle was not covered by required security for a period of thirty-one
2 to ninety days, and five hundred dollars if the vehicle was not covered by required
3 security for a period in excess of ninety days. No reinstatement fee shall be imposed
4 by the secretary if the vehicle was not covered by required security for a period of
5 ten days or less and the insured surrenders the vehicle's license plate to the secretary
6 within ten days or if the violation is the insured's first violation pursuant to Paragraph
7 (1) of this Subsection and the lapse of insurance coverage was for five days or less,
8 provided immediate notice of the cancellation is given within one to five days before
9 issuing the violation. The reinstatement fees for violations of Paragraph (2) of this
10 Subsection shall be as follows: two hundred fifty dollars for a first violation, five
11 hundred dollars for a second violation, and one thousand dollars for a third or
12 subsequent violation. The reinstatement fee shall not be owed for an alleged
13 violation of Paragraph (2) of this Subsection when proof of the required security is
14 provided to the secretary within sixty days of the date of the notice. If at the time of
15 reinstatement, a person has multiple violations and is within sixty days of the notice,
16 the total amount of fees to be paid shall not exceed eight hundred fifty dollars, for
17 violations of Paragraph (1) of this Subsection, and one thousand seventy-five dollars
18 for violations of Paragraph (2) of this Subsection. At no time shall the total amount
19 of fees, including administrative fees, exceed two hundred fifty dollars for persons
20 sixty-five years or older. After sixty days of the date of the notice, all fees shall be
21 considered final delinquent debt and therefore owed, and the eight hundred fifty
22 dollar limit for persons under sixty-five years shall no longer apply.
23 * * *
24 Section 2. The Department of Public Safety and Corrections shall adopt and
25promulgate, in accordance with the Administrative Procedure Act, any rules and regulations
26that may be necessary to bring existing administrative rules into conformity with the
27provisions of this Act.
28 Section 3. This Act shall become effective upon signature by the governor or, if not
29signed by the governor, upon expiration of the time for bills to become law without signature
Page 2 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions. HLS 23RS-652 ORIGINAL
HB NO. 568
1by the governor, as provided in Article III, Section 18 of the Constitution of Louisiana. If
2vetoed by the governor and subsequently approved by the legislature, this Act shall become
3effective on the day following such approval.
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 568 Original 2023 Regular Session Phelps
Abstract: Changes the number of days that trigger the imposition of sanctions for lapse of
required vehicle liability security.
Present law requires the secretary, upon a determination that a vehicle is not covered by
security as required by present law or the owner or lessee has allowed the required security
to lapse, to revoke the registration of the vehicle, impound the vehicle, and cancel the
vehicle's license plate.
Present law requires sanctions for a violation of present law be imposed for a period ranging
from 12 to 18 months until proof of required vehicle liability security is provided to the
secretary and all reinstatement fees are paid.
Present law requires a reinstatement fee of $100 per violation if the vehicle was not covered
by the required security for a period of 1-30 days, $250 per violation if the vehicle was not
covered by the required security for a period of 31-90 days, and $500 per violation if the
vehicle was not covered by the required security for a period in excess of 90 days.
Present law provides that the reinstatement fee does not apply if the violation is the insured's
first violation and the lapse of insurance coverage was for five days or less.
Proposed law requires the Dept. of Public Safety and Corrections adopt and promulgate rules
and regulations, in accordance with the Administrative Procedure Act, to bring any existing
administrative rules into conformity with the provisions of proposed law.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 32:863(A)(3)(a))
Page 3 of 3
CODING: Words in struck through type are deletions from existing law; words underscored
are additions.