ENROLLED ACT No. 377 2023 Regular Session HOUSE BILL NO. 568 BY REPRESENTATIVE PHELPS 1 AN ACT 2 To 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. 6 Be 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 21 dollars if the vehicle was not covered by required security for a period of thirty-one 22 to ninety days, and five hundred dollars if the vehicle was not covered by required Page 1 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 568 ENROLLED 1 security for a period in excess of ninety days. No reinstatement fee shall be imposed 2 by the secretary if the vehicle was not covered by required security for a period of 3 ten days or less and the insured surrenders the vehicle's license plate to the secretary 4 within ten days or if the violation is the insured's first violation pursuant to Paragraph 5 (1) of this Subsection and the lapse of insurance coverage was for five days or less, 6 provided immediate notice of the cancellation is given within one to five days before 7 issuing the violation. In addition, notice shall be transmitted to the insured through 8 any digitized credentials established pursuant to R.S. 39:17.2(D), within one to five 9 days before issuing the violation. The reinstatement fees for violations of Paragraph 10 (2) of this Subsection shall be as follows: two hundred fifty dollars for a first 11 violation, five hundred dollars for a second violation, and one thousand dollars for 12 a third or subsequent violation. The reinstatement fee shall not be owed for an 13 alleged violation of Paragraph (2) of this Subsection when proof of the required 14 security is provided to the secretary within sixty days of the date of the notice. If at 15 the time of reinstatement, a person has multiple violations and is within sixty days 16 of the notice, the total amount of fees to be paid shall not exceed eight hundred fifty 17 dollars, for violations of Paragraph (1) of this Subsection, and one thousand seventy- 18 five dollars for violations of Paragraph (2) of this Subsection. At no time shall the 19 total amount of fees, including administrative fees, exceed two hundred fifty dollars 20 for persons sixty-five years or older. After sixty days of the date of the notice, all 21 fees shall be considered final delinquent debt and therefore owed, and the eight 22 hundred fifty 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 25 promulgate, in accordance with the Administrative Procedure Act, any rules and regulations 26 that may be necessary to bring existing administrative rules into conformity with the 27 provisions of this Act. Page 2 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions. HB NO. 568 ENROLLED 1 Section 3. This Act shall become effective upon signature by the governor or, if not 2 signed by the governor, upon expiration of the time for bills to become law without signature 3 by the governor, as provided in Article III, Section 18 of the Constitution of Louisiana. If 4 vetoed by the governor and subsequently approved by the legislature, this Act shall become 5 effective on the day following such approval. SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED: Page 3 of 3 CODING: Words in struck through type are deletions from existing law; words underscored are additions.