Bill Summary – FastDemocracy

67th Legislature                                                                                                   HB 438.1
                                                  HOUSE BILL NO. 438
   INTRODUCED BY S. GALLOWAY, D. ANKNEY, M. BLASDEL, K. BOGNER, B. BROWN, J. COHENOUR, M.
   CUFFE, J. ESP, S. FITZPATRICK, T. GAUTHIER, B. GILLESPIE, G. HERTZ, S. HINEBAUCH, B. HOVEN, D.
    HOWARD, D. KARY, B. KEENAN, T. MCGILLVRAY, K. REGIER, D. SALOMON, J. WELBORN, D. BARTEL,
       D. BEDEY, S. BERGLEE, M. BERTOGLIO, M. BINKLEY, L. BREWSTER, E. BUTTREY, W. CURDY, J.
   DOOLING, N. DURAM, D. FERN, P. FIELDER, T. FRANCE, G. FRAZER, J. FULLER, M. FUNK, W. GALT, F.
   GARNER, J. GILLETTE, S. GIST, S. GREEF, S. GUNDERSON, D. HARVEY, D. HAWK, E. HILL, C. HINKLE,
   J. HINKLE, M. HOPKINS, J. KASSMIER, J. KEANE, E. KERR-CARPENTER, C. KNUDSEN, R. KNUDSEN, D.
        LENZ, B. LER, D. LOGE, M. MALONE, M. MARLER, R. MARSHALL, W. MCKAMEY, B. MERCER, B.
   MITCHELL, T. MOORE, F. NAVE, M. NOLAND, S. NOVAK, J. PATELIS, B. PHALEN, J. READ, L. REKSTEN,
      V. RICCI, J. SCHILLINGER, K. SEEKINS-CROWE, L. SHELDON-GALLOWAY, D. SKEES, F. SMITH, E.
   STAFMAN, M. STROMSWOLD, M. THANE, J. TREBAS, B. TSCHIDA, B. USHER, S. VINTON, K. WALSH, M.
         WEATHERWAX, T. WELCH, R. WHITEMAN PENA, K. WHITMAN, J. WINDY BOY, K. ZOLNIKOV
                                     BY REQUEST OF THE ATTORNEY GENERAL
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   A BILL FOR AN ACT ENTITLED: “AN ACT REVISING COMMERCIAL DRIVER LICENSING LAWS;
   CLARIFYING WAIVER OF THE SKILLS TEST, KNOWLEDGE TEST, OR BOTH, FOR CERTAIN MILITARY
   EXPERIENCE; AMENDING SECTION 61-5-123, 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 61-5-123, MCA, is amended to read:
              "61-5-123.   Waiver of skills test or knowledge test related to military commercial motor vehicles
   experience. (1) The department may waive the skills test or knowledge test, or both, required for a commercial
   driver's license if an applicant meets the conditions in subsection (2) and is: As used in this section, "current or
   former military service member" means a person:
              (a)   a veteran ofhonorably discharged from the armed forces of the United States who was honorably
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67th Legislature                                                                                                        HB 438.1
   discharged;
              (b)   currently serving in the armed forces of the United States;
              (c)   serving full-time in a reserve component, as defined in 37-1-138; or
              (d)   honorably discharged from the reserve component after serving full-time in the reserve
   component.
              (2)   An applicant shall:
              (a)   certify that, during the 2-year period immediately prior to application, the applicant:
              (i)   did not have more than one license except for a military license;
              (ii) did not have a license suspended, revoked, or canceled;
              (iii) was not convicted of a disqualifying offense as provided in 49 CFR 383.51(b);
              (iv) did not have more than one conviction for a serious traffic violation as provided in 49 CFR
   383.51(c); and
              (v)   did not have any conviction for a violation of military, state, or local law relating to motor vehicle
   traffic control other than a parking violation arising in connection with any traffic accident and has no record of
   an accident in which the applicant was at fault; and
              (b)   provide evidence and certify that:
              (i)   the applicant has passed a knowledge test for a commercial motor vehicle for the class of motor
   vehicle for which the applicant is seeking a commercial driver's license given by the military;
              (ii) the military position in which the applicant served required regular operation over at least a 2-year
   period immediately prior to either discharge or application, as applicable, of a commercial motor vehicle
   representative of the class of motor vehicle for which the applicant is seeking a commercial driver's license; and
              (iii) the applicant was exempted under 49 CFR 383.3(c) from the requirements of this part when
   operating a commercial motor vehicle in the military.
              (2)   The department may waive the skills test, knowledge test, or both, required for a commercial
   driver's license if an applicant is a current or former military service member and meets the conditions in
   subsection (3), (4), or (5).
              (3)   A current or former military service member applying for waiver of the skills test shall:
              (a)   certify and provide evidence that the member:
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67th Legislature                                                                                                        HB 438.1
              (i)   is or was regularly employed within the last year in a military position requiring operation of a
   commercial motor vehicle;
              (ii) was exempted from the commercial driver's license requirements in 61-8-803; and
              (iii) was operating, for at least 2 years immediately preceding separation from the military, a vehicle
   representative of the commercial motor vehicle type the driver applicant operates or expects to operate; and
              (b)   certify that during the 2-year period immediately prior to applying for a commercial driver's license,
   the member:
              (i)   has not simultaneously held more than one civilian license;
              (ii) has not had any license suspended, revoked, or canceled;
              (iii) has not had any convictions for any type of motor vehicle for the disqualifying offenses contained in
   61-8-802;
              (iv) has not had any convictions for a violation of federal, military, state, or local law relating to motor
   vehicle traffic control, other than a parking violation, arising in connection with any traffic accident; and
              (v)   has no record of an accident in which the current or former military service member was at fault.
              (4)   A current or former military service member applying for waiver of the knowledge test shall certify
   and provide evidence that during the 1-year period immediately prior to the application, the member:
              (a)   is or was regularly employed and designated as a:
              (i)   motor transport operator—88M (Army);
              (ii) PATRIOT launching station operator—14T (Army);
              (iii) fueler—92F (Army);
              (iv) vehicle operator—2T1 (Air Force);
              (v)   fueler—2F0 (Air Force);
              (vi) pavement and construction equipment operator—3E2 (Air Force);
              (vii) motor vehicle operator—3531 (Marine Corps); or
              (viii) equipment operator—E.O. (Navy);
              (b)   is operating a vehicle representative of the commercial motor vehicle type the driver applicant
   expects to operate on separation from the military, or operated a similar vehicle type immediately preceding
   separation from the military;
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67th Legislature                                                                                                        HB 438.1
              (c)   has not simultaneously held more than one civilian license;
              (d)   has not had any license suspended, revoked, or canceled;
              (e)   has not had any convictions for any type of motor vehicle for the disqualifying offenses contained
   in 61-8-802;
              (f)   has not had more than one conviction for any type of motor vehicle for serious traffic violations
   contained in 61-8-803;
              (g)   has not had any convictions for a violation of federal, military, state, or local law relating to motor
   vehicle traffic control, other than a parking violation, arising in connection with any traffic accident; and
              (h)   has no record of an accident in which the current or former military service member was at fault.
              (5)   A current or former military service member applying for waiver of the applicable skills and
   knowledge tests for a passenger, tank vehicle, or hazardous materials endorsement shall certify and provide
   evidence that during the 1-year period immediately prior to the application, the member:
              (a)   is or was regularly employed in a military position requiring:
              (i)   operation of a passenger commercial motor vehicle if requesting waiver of the skills and knowledge
   test for a passenger endorsement;
              (ii) operation of a tank vehicle if requesting waiver of the skills and knowledge test for a tank vehicle
   endorsement; or
              (iii) transportation of hazardous materials if requesting waiver of the skills and knowledge test for a
   hazardous materials endorsement;
              (b)   has not simultaneously held more than one civilian license;
              (c)   has not had any convictions for any type of motor vehicle for the disqualifying offenses contained
   in 61-8-802;
              (d)   has not had more than one conviction for any type of motor vehicle for serious traffic violations
   contained in 61-8-803;
              (e)   has not had any convictions for a violation of federal, military, state, or local law relating to motor
   vehicle traffic control, other than a parking violation, arising in connection with any traffic accident; and
              (f)   has no record of an accident in which the current or former military service member was at fault."
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67th Legislature                                                                                                HB 438.1
              NEW SECTION. Section 2.   Effective date. [This act] is effective on passage and approval.
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Statutes affected: 
HB0438_1.pdf: 61-5-123
HB0438_X.pdf: 61-5-123
Enrolled: 61-5-123
Introduced: 61-5-123