Bill Summary – FastDemocracy

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68th Legislature 2023                                                                                               HB 397.1
                                                   HOUSE BILL NO. 397
                                              INTRODUCED BY B. MERCER
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  A BILL FOR AN ACT ENTITLED: “AN ACT REVISING THE MONTANA DRIVER PRIVACY PROTECTION
  ACT; ALLOWING THE DEPARTMENT OF JUSTICE TO SHARE SOCIAL SECURITY NUMBERS WITH THE
  DEPARTMENT OF REVENUE SOLELY FOR INCOME TAX COMPLIANCE PURPOSES; EXEMPTING THE
  DEPARTMENT OF REVENUE FROM THE FEES ASSOCIATED WITH REQUESTING SOCIAL SECURITY
  NUMBERS; AMENDING SECTIONS 61-11-508 AND 61-11-510, MCA; AND PROVIDING AN IMMEDIATE
  EFFECTIVE DATE.”
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  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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           Section 1. Section 61-11-508, MCA, is amended to read:
           "61-11-508.     Permitted disclosure of personal information -- specific uses. (1) Upon On
  application, proof of the identity of the person requesting a record, and payment of f ees required in 61-11-510,
  the department may disclose personal inf ormation, including highly restricted personal inf ormation, f rom a
  motor vehicle record to:
           (a)      the person who is the subject of the motor vehicle record; or
           (b)      a person who represents that the use of the inf ormation will be strictly limited to one or more of
  the f ollowing:
           (i)      a f ederal, state, or local government agency, including a court or a law enf orcement agency,
  and any individual acting on behalf of the agency in carrying out its f unctions, including representatives of the
  news media f or a legitimate law enf orcement purpose, as determined by the department; or
           (ii)     a person, organization, or entity, upon on the express consent of the person to whom the
  inf ormation pertains.
           (2)      The department shall not disclose a social security number unless:
           (a)      it is disclosed f or the purposes of subtitle VI of Title 49 of the U.S.C.;
           (b)      it is disclosed to the department of public health and human services f or use in administering
                                                                  -1-                       Authorized Print Version – HB 397
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68th Legislature 2023                                                                                              HB 397.1
  Title IV-D of the Social Security Act; or
          (c)      the release of the social security number is specif ically authorized by law; or
          (d)      it is disclosed to the department of revenue f or use in administering and enf orcing Montana's
  income tax laws. The department of revenue shall treat social security numbers received pursuant to this
  subsection (2)(d) as conf idential pursuant to 15-30-2618."
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          Section 2. Section 61-11-510, MCA, is amended to read:
          "61-11-510.    Prerequisites to disclosure. (1) Prior to the disclosure of personal inf ormation or highly
  restricted personal inf ormation, as provided in 61-11-507, 61-11-508, or 61-11-509, the department shall
  require the requester to complete and submit an application, in a f orm prescribed by the department, identif ying
  the requester and specif ying the statutorily recog nized uses f or which the personal inf ormation or highly
  restricted personal inf ormation is being sought.
          (2)      The department shall require the requester to provide identif ication acceptable to the
  department.
          (3)      (a) The department shall collect the appropriate f ees paid by the requester and shall determine
  the amount of the f ees in accordance with 61-3-101, 61-11-105, and this subsection (3), and as appropriate, in
  accordance with the terms of a contract between the department and the requester.
          (b)      The department shall ensure that f ees established by policy or contract:
          (i)      recover the department's cost and expenses as provided in 2-6-1006 and 61-3-101;
          (ii)     include an additional amount necessary to compensate the department f or costs associated
  with developing and maintaining the database f rom which inf ormation is requested; and
          (iii)    incorporate, when applicable, the convenience f ee established under 2-17-1103.
          (c)      Except as provided in 61-11-105(5)(b) and subsection (3)(d) of this section, the department
  shall charge a f ee to any person, including a representative of a f ederal, state, or local government entity or
  member of the news media who requests inf ormation under this section.
          (d)      The department may not charge a f ee f or inf ormation requested by the g overnor's of fice of
  budget and program planning, the Montana tax appeal board, the department of revenue, any legislative branch
  agency or committee, or any criminal justice agency, as def ined in 44-5-103."
                                                               -2-                      Authorized Print Version – HB 397
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68th Legislature 2023                                                                                         HB 397.1
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          NEW SECTION. Section 3.   Effective date. [This act] is ef f ective on passage and approval.
                                                  - END -
                                                         -3-                     Authorized Print Version – HB 397
Statutes affected: 
HB0397_1.pdf: 61-11-508, 61-11-510
Introduced: 61-11-508, 61-11-510