RÉSUMÉ DIGEST
Act 21 (HB 54) 2020 Second Extraordinary Session James
Existing 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).
New law retains existing law.
New law defines "consumer", "digitized identification card", "person", and "trade" or
"commerce".
New law requires a person who is engaged in trade or commerce to accept a consumer's
state-issued digitized identification card as a valid form of identification when identification
is requested for the purpose of proving the consumer's identity or age.
New law provides that a copy, photograph, or image of a digitized identification card which
is not downloaded through a state-approved application on a mobile device is not a valid
digitized identification card.
New 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.
New 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.
New 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 new law.
New law does not apply to a location of business where a physical copy of an individual's
current driver's license, valid passport, visa issued by the federal government or another
country or nation, or other card of identity is held for lawful compliance purposes.
New law provides that the following are not required to accept a digitized identification card
as a valid form of identification:
(1) A federally insured depository institution 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, new law provides that the aforementioned entities, licensees, or persons may
exercise the option to accept a digitized identification card.
New law terminates certain exceptions on Jan. 1, 2023.
(Adds R.S. 51:3211-3214)