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Law

LA House Bill 54

Notary Law Update: LA House Bill 54

State: Louisiana

Summary:
House Bill 54 enacts digital identification card provisions with implications for Louisiana Notaries.

Signed:  September 28, 2020

Effective:  December 22, 2020

Chapter: Act No. 21

Affects:
Adds Chapter 61 to Title 51 of the Revised Statutes.

Changes:
  1. Defines "digitized identification card" as a data file available on any mobile device which has connectivity to the internet through a state-approved application that allows the mobile device to download the data file from the Department of Public Safety and Corrections or an authorized representative of the Department of Public Safety and Corrections that contains all of the data elements visible on the face and back of a license or identification card and displays the current status of the license or identification card.
  2. Defines "current status" as valid, expired, canceled, suspended, disqualified, active, inactive, member, nonmember, eligible, or ineligible.
  3. Provides that when a person requests a consumer to produce valid identification for the purpose of furnishing proof of the consumer's identification or age, the person shall accept a state-issued digitized identification card as a valid form of identification.
  4. Provides that a digital copy, photograph, or image of a digitized identification card which is not downloaded through a state-approved application on a mobile device shall not be considered a valid digitized identification card.
  5. Provides that display of a digitized identification card does not serve as consent or authorization for a person to search, view, or access any other data or application on the consumer's mobile device.
  6. Clarifies that the provisions of digitized identification cards do not apply to a person validating identification for notarial acts involving immovable property, authentic acts, testaments or codicils thereto, trust instruments or acknowledgments thereof, donations inter vivos, matrimonial agreements or acknowledgments on these document, and acts modifying, waiving, or extinguishing an obligation of final spousal support or acknowledgments on these documents, but that a Notary may, at their option, accept a digitized identification card as a valid form of identification.
Analysis:
Louisiana becomes the latest state to enact digital identification card provisions. In Louisiana's enactment, the identification must be downloaded through a state-approved application on a mobile device. The application thus controls the issuance and display of the digitized ID. The bill clarifies that if a digital ID is not downloaded through this application, it is not a valid digitized ID. Under the bill, Notaries are not required to accept a digitized ID for certain notarial acts, as specified but Notaries nevertheless are given the option to accept one if they choose.

Read the bill text.

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