NOTE: §707.2.1 eff. Jan. 1, 2028, or when the DPS&C certifies a new system; whichever is earlier. See Acts 2026, No. 454.

§707.2.1. Electronic signatures and records for motor vehicle transactions

            A. Any document, record, or instrument required in connection with the sale, lease, transfer, titling, registration, or financing of a motor vehicle may be created, executed, transmitted, and stored electronically, including but not limited to the following:

            (1) Titling documents.

            (2) Registration applications.

            (3) Odometer disclosure forms.

            (4) Secure and limited powers of attorney.

            (5) Attestations.

            B. Any documents used to transfer ownership of a vehicle to an insurance company after payment of damages may be signed electronically and reproduced in paper form and shall not require notarization. The supporting documents include but are not limited to the following:

            (1) Limited powers of attorney.

            (2) Applications for duplicate titles.

            (3) Odometer disclosure forms.

            C.(1) Electronic signatures shall comply with the Identity Assurance Level 2 (IAL2) security standard when required by federal law or regulation as defined in the National Institute of Standards and Technology Special Publication 800-63A.

            (2) An electronic signature or electronic record accepted by the department pursuant to this Section, including a legibly scanned or imaged copy of a signed document, shall have the same force and effect as a handwritten signature or original paper document, shall satisfy any legal requirement for a written signature or record, shall not require notarization, and shall be admissible for all legal and evidentiary purposes to the same extent as a handwritten signature or original paper document.

            D.(1) The Department of Public Safety and Corrections, office of motor vehicles, shall accept electronic records and electronic signatures for the documents and records identified in Subsections A and B of this Section and any electronic signature or electronic record accepted by the department pursuant to this Section shall have the same force and effect as an original written document or handwritten signature and shall satisfy any legal requirement for a written record or signature.

            (2) The department shall promulgate rules and regulations in accordance with the Administrative Procedure Act as may be necessary to implement the provisions of this Section, including but not limited to rules governing:

            (a) Electronic signatures and authentication standards.

            (b) Security and identity verification procedures.

            E.(1) A dealer or authorized officer as set forth in R.S. 32:702 using an approved system in good faith and without actual knowledge of fraud or unauthorized access shall be immune from civil liability arising solely from the use of electronic signatures, remote notarization of powers of attorney or electronic records, including claims alleging improper execution, authentication, or transmission, provided the dealer or authorized officer complied with the requirements of this Section and any rules promulgated by the department.

            (2) The immunity provided for in Paragraph (1) of this Subsection shall not apply to intentional misconduct or gross negligence.

            Acts 2026, No. 454, §§1, 3(A), eff. See Act.