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68th Legislature 2023 SB 487.1
1 SENATE BILL NO. 487
2 INTRODUCED BY S. VANCE
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING MOTOR VEHICLE LAWS; REVISING
5 FEES FOR DRIVER'S LICENSES; PROVIDING FOR THE DEPARTMENT OF JUSTICE TO SET FEES BY
6 RULE; REVISING CREDENTIALS VALID FOR A DRIVER'S LICENSE APPLICATION; REVISING
7 PROCEDURE FOR REVOCATION OF A DRIVER'S LICENSE; ALLOWING A PERSON TO HAVE ONLY ONE
8 NONVOIDED DRIVER'S LICENSE OR IDENTIFICATION CARD; SETTING AN 8-YEAR EXPIRATION DATE
9 FOR ADULT DRIVER'S LICENSES; EXPANDING RULEMAKING AUTHORITY; AND AMENDING SECTIONS
10 61-5-107, 61-5-110, 61-5-111, 61-5-114, 61-5-201, 61-11-101, 61-12-501, 61-12-504, 61-14-201, AND 61-14-
11 202, MCA.”
12
13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
14
15 Section 1. Section 61-5-107, MCA, is amended to read:
16 "61-5-107. Application for license or motorcycle endorsement. (1) Each application for a learner
17 license, driver's license, commercial driver's license, or motorcycle endorsement must be made on a form
18 furnished by the department. Each application must be accompanied by the proper fee, and payment of the fee
19 entitles the applicant to not more than three attempts to pass the examination within a period of 6 months from
20 the date of application. A voter registration form for mail registration as prescribed by the secretary of state
21 must be attached to each driver's license application. If the applicant wishes to register to vote, the department
22 shall accept the registration and forward the form to the election administrator.
23 (2) Each application must include the full legal name, date of birth, sex, residence address of the
24 applicant [and the applicant's social security number], must include a brief description of the applicant, and
25 must provide the following additional information:
26 (a) the name of each jurisdiction in which the applicant has previously been licensed to drive any
27 type of motor vehicle during the 10-year period immediately preceding the date of the application;
28 (b) a certification from the applicant that the applicant is not currently subject to a suspension,
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1 revocation, cancellation, disqualification, or withdrawal of a previously issued driver's license or any driving
2 privileges in another jurisdiction and that the applicant does not have a driver's license from another jurisdiction;
3 (c) a brief description of any physical or mental disability, limitation, or condition that impairs or
4 may impair the applicant's ability to exercise ordinary and reasonable control in the safe operation of a motor
5 vehicle on the highway;
6 (d) a brief description of any adaptive equipment or operational restrictions that the applicant relies
7 upon or intends to rely upon to attain the ability to exercise ordinary and reasonable control in the safe
8 operation of a motor vehicle on the highway, including the nature of the equipment or restrictions; and
9 (e) if the applicant is a foreign national whose presence in the United States is temporarily
10 authorized under federal law, the expiration date of the official document issued to the applicant by the bureau
11 of citizenship and immigration services of the department of homeland security authorizing the applicant's
12 presence in the United States.
13 [(3) The department shall keep the applicant's social security number from this source confidential,
14 except that the number may be used for purposes of subtitle VI of Title 49 of the U.S.C. or as otherwise
15 permitted by state law administered by the department and may be provided to the department of public health
16 and human services for use in administering Title IV-D of the Social Security Act.]
17 (4) (a) When an application is received from an applicant who is not ineligible for licensure under
18 61-5-105 and who was previously licensed by another jurisdiction, the department shall request a copy of the
19 applicant's driving record from each jurisdiction in which the applicant was licensed in the preceding 10-year
20 period. The driving record may be transmitted manually or by electronic medium.
21 (b) When received, the driving records must be appended to the driver's record created and
22 maintained in this state. The department may rely on information contained in driving records received under
23 this section to determine the appropriate action to be taken against the applicant upon subsequent receipt of a
24 report of a conviction or other conduct requiring suspension or revocation of a driver's license under state law.
25 (5) An individual who is under 26 years of age but at least 15 years of age and who is required to
26 register in compliance with the federal Military Selective Service Act, 50 App. U.S.C. 453, must be provided an
27 opportunity to fulfill those registration requirements in conjunction with an application for a learner license,
28 driver's license, commercial driver's license, or state identification card. If under 18 years of age but at least 15
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1 years of age, an individual must be provided an opportunity to be registered by the selective service system
2 upon attaining 18 years of age. Any registration information supplied on the application must be transmitted by
3 the department to the selective service system. (Bracketed language terminates on occurrence of contingency--
4 sec. 1, Ch. 27, L. 1999.)"
5
6 Section 2. Section 61-5-110, MCA, is amended to read:
7 "61-5-110. Records check of applicants -- examination of applicants -- cooperative driver
8 testing programs -- reciprocal agreement with foreign country. (1) Prior to examining an applicant for a
9 driver's license, the department shall conduct a check of the applicant's driving record by querying the national
10 driver register, established under 49 U.S.C. 30302, and the commercial driver's license information system,
11 established under 49 U.S.C. 31309.
12 (2) (a) The department shall examine each applicant for a driver's license or motorcycle
13 endorsement, except as otherwise provided in this section. The examination must include a test of the
14 applicant's eyesight, a knowledge test examining the applicant's ability to read and understand highway signs
15 and the applicant's knowledge of the traffic laws of this state, and, except as provided in 61-5-118, a road test
16 or a skills test demonstrating the applicant's ability to exercise ordinary and reasonable control in the safe
17 operation of a motor vehicle or motorcycle. The road test or skills test must be performed by the applicant in a
18 motor vehicle that the applicant certifies is representative of the class and type of motor vehicle for which the
19 applicant is seeking a license or endorsement.
20 (b) The knowledge test, road test, or skills test may be waived by the department:
21 (i) upon certification of the applicant's successful completion of the test by a certified cooperative
22 driver testing program as provided in subsection (3) or by a certified third-party commercial driver testing
23 program as provided in 61-5-118; or
24 (ii) in accordance with a driver's license reciprocity agreement between the department and a
25 foreign country.
26 (c) The skills test may be waived by the department upon the applicant's completion of the
27 requirements of 61-5-123.
28 (3) The department is authorized to certify as a cooperative driver testing program any state-
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1 approved high school traffic education course offered by or in cooperation with a school district that employs an
2 approved instructor who has current endorsement from the superintendent of public instruction as a teacher of
3 traffic education or any motorcycle safety training course approved by the board of regents and that employs an
4 approved instructor of motorcycle safety training and who agrees to:
5 (a) administer standardized knowledge and road tests or skills tests required by the department to
6 students participating in the district's high school traffic education courses or motorcycle safety training courses
7 approved by the board of regents;
8 (b) certify the test results to the department; and
9 (c) comply with regulations of the department, the superintendent of public instruction, and the
10 board of regents.
11 (4) (a) Except as otherwise provided by law, an applicant who has a valid driver's license issued by
12 another jurisdiction that is currently valid or expired for less than 1 year may surrender that license for a
13 Montana license of the same class, type, and endorsement upon payment of the required fees and successful
14 completion of a vision examination. In addition, an applicant surrendering a commercial driver's license issued
15 by another jurisdiction shall successfully complete any examination required by federal regulations before being
16 issued a commercial driver's license by the department.
17 (b) The department may require an applicant who surrenders a valid driver's license issued by
18 another jurisdiction that is currently valid or expired for less than 1 year to submit to a knowledge and road or
19 skills test if:
20 (i) the applicant has a physical or mental disability, limitation, or condition that impairs, or may
21 impair, the applicant's ability to exercise ordinary and reasonable control in the safe operation of a motor
22 vehicle on the highway; and
23 (ii) the surrendered license does not include readily discernible adaptive equipment or operational
24 restrictions appropriate to the applicant's functional abilities; or
25 (iii) the applicant wants to remove or modify a restriction imposed on the surrendered license.
26 (c) When a license from another jurisdiction is surrendered, the department shall notify the issuing
27 agency from the other jurisdiction that the applicant has surrendered the license. If the applicant wants to retain
28 the license from another jurisdiction for identification or other nondriving purposes, the department shall place a
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1 distinctive mark on the license, indicating that the license may be used for nondriving purposes only, and return
2 the marked license to the applicant.
3 (5) The department may enter into a reciprocity agreement with a foreign country to provide for the
4 mutual recognition and exchange of a valid driver's license issued by this state or the foreign country if the
5 department determines that the licensing standards of the foreign country are comparable to those of this state.
6 The agreement may not include the reciprocal exchange of a commercial driver's license."
7
8 Section 3. Section 61-5-111, MCA, is amended to read:
9 "61-5-111. Contents of driver's license, renewal, license expirations, license replacements,
10 grace period, and fees for licenses, permits, and endorsements -- notice of expiration. (1) (a) The
11 department may appoint county treasurers and other qualified officers to act as its agents for the sale of driver's
12 license receipts. In areas in which the department provides driver licensing services 3 days or more a week, the
13 department is responsible for sale of receipts and may appoint an agent to sell receipts.
14 (b) The department may enter into an authorized agent agreement with the county treasurer of any
15 county in which the department no longer maintains a driver examination station for the purpose of providing
16 driver's license renewal services.
17 (2) (a) The department, upon receipt of payment of the fees specified in this section, shall issue a
18 driver's license to each qualifying applicant. The license must contain:
19 (i) a full-face photograph of the licensee in the size and form prescribed by the department;
20 (ii) a distinguishing number issued to the licensee;
21 (iii) the full legal name, date of birth, and Montana residence address unless the licensee requests
22 use of the mailing address, except that the Montana residence address must be used for a REAL ID-compliant
23 driver's license unless authorized by department rule;
24 (iv) a brief description of the licensee;
25 (v) either the licensee's customary manual signature or a reproduction of the licensee's customary
26 manual signature; and
27 (vi) if the applicant qualifies under subsection (7), indication of the applicant's status as a veteran.
28 (b) The department may not use the licensee's social security number as the distinguishing
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1 number. A license is not valid until it is signed by the licensee.
2 (3) (a) When a person applies for renewal of a driver's license, the department shall conduct a
3 records check in accordance with 61-5-110(1) to determine the applicant's eligibility status and shall test the
4 applicant's eyesight. The department may also require the applicant to submit to a knowledge and road or skills
5 test if:
6 (i) the renewal applicant has a physical or mental disability, limitation, or condition that impairs, or
7 may impair, the applicant's ability to exercise ordinary and reasonable control in the safe operation of a motor
8 vehicle on the highway; and
9 (ii) the expired or expiring license does not include adaptive equipment or operational restrictions
10 appropriate to the applicant's functional abilities; or
11 (iii) the applicant wants to remove or modify the restrictions stated on the expired or expiring
12 license.
13 (b) In the case of a commercial driver's license, the department shall, if the information was not
14 provided in a prior licensing cycle, require the renewal applicant to provide the name of each jurisdiction in
15 which the applicant was previously licensed to drive any type of motor vehicle during the 10-year period
16 immediately preceding the date of the renewal application and may also require that the applicant successfully
17 complete a written examination as required by federal regulations.
18 (c) A person is considered to have applied for renewal of a Montana driver's license if the
19 application is made within 6 months before or 1 year after the expiration of the person's license or if the person
20 has applied for a REAL ID-compliant driver's license pursuant to 61-5-129. Except as provided in subsection
21 (3)(d), a person seeking to renew a driver's license shall appear in person at a Montana driver's examination
22 station.
23 (d) (i) Except as provided in subsections (3)(d)(iii) through (3)(d)(v), a person may renew a driver's
24 license by mail or online.
25 (ii) An applicant who renews a driver's license by mail or online shall submit a completed
26 application and the fees required for renewal.
27 (iii) If the department does not have a digitized photograph and signature record of the renewal
28 applicant from the expiring license, then the renewal applicant shall apply in person.
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1 (iv) Except as provided in subsections (4)(b) and (4)(c), the term of a license renewed by mail or
2 online is 12 years for a driver's license or 8 years for a REAL ID-compliant driver's license.
3 (v) The department may not renew a license by mail or online if:
4 (A) the records check conducted in accordance with 61-5-110(1) shows an ineligible license status
5 for the applicant;
6 (B) the applicant holds a commercial driver's license with a hazardous materials endorsement, the
7 retention of which requires additional testing and a security threat assessment under 49 CFR, part 1572;
8 (C) the applicant seeks a change of address, a change of date of birth, or a name change; or
9 (D) the applicant's license:
10 (I) has been expired for more than 1 year; or
11 (II) except as provided in subsection (3)(f), was renewed by mail or online at the ti