Bill Summary – FastDemocracy

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68th Legislature 2023                                                                                             HB 519.1
                                                 HOUSE BILL NO. 519
                                    INTRODUCED BY B. MITCHELL, K. BOGNER
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  A BILL FOR AN ACT ENTITLED: “AN ACT AUTHORIZING THE USE OF DIGITAL DRIVER'S LICENSES;
  GRANTING RULEMAKING AUTHORITY TO THE DEPARTMENT OF JUSTICE; AND AMENDING SECTIONS
  61-5-116 AND 61-14-201, MCA.”
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  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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          Section 1. Section 61-5-116, MCA, is amended to read:
          "61-5-116.    License to be carried and exhibited on demand. (1) A licensee must have the
  licensee's driver's license in the licensee's immediate possession at all times when operating a motor vehicle
  and shall display the license upon demand of a justice of the peace, a city or municipal judge, a peace officer, a
  highway patrol officer, or a field deputy or inspector of the department. However, a person charged with
  violating this section may not be convicted if the person produces in court or the office of the arresting officer a
  driver's license issued to the person and valid at the time of the person's arrest.
          (2)      (a) Beginning September 1, 2025, a licensee may meet the requirements of subsection (1) by
  having a digital version of the licensee's driver's license in the licensee's immediate possession at all times
  when operating a motor vehicle and displaying the license upon demand.
          (b)      Only a digital version of the licensee's driver's license issued and authorized by the department
  is sufficient to meet the requirements of this section."
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          Section 2. Section 61-14-201, MCA, is amended to read:
          "61-14-201. Rulemaking authority -- driver's licenses and identification cards. (1) The
  department may adopt rules to administer and enforce the provisions of Title 61, chapter 5.
          (2)      The department may adopt rules governing acceptable methods of proof of identification,
  including name, date of birth, and authorized presence, that an individual must submit when applying for a
  license or identification card, including a new, renewal, or replacement license or identification card.
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68th Legislature 2023                                                                                                HB 519.1
          (3)       The department may adopt rules governing the determination of the driver's license expiration
  date, minimum and maximum license terms, and license renewal requirements for a driver's license issued to a
  person who is a foreign national whose presence in the United States is temporarily authorized under federal
  law.
          (4)       The department shall adopt rules governing the calculation of grace periods for renewals and
  the calculation of other time periods established by statute or federal regulation.
          (5)       The department may adopt rules governing the renewal of a driver's license by a person in the
  military assigned to active duty who had a valid Montana driver's license at the time of entering active duty.
          (6)       The department shall adopt rules to set the standards for driver license examinations and
  reexaminations.
          (7)       The department may adopt rules to set the standards for photographs, certifications, and
  signature requirements for the issuance of driver's licenses.
          (8)       The department shall adopt rules establishing the functional abilities and skills required to
  exercise ordinary and reasonable control to safely operate a motor vehicle. The rules:
          (a)       must include operational restrictions based on the driver's ability and skills;
          (b)       may direct the design of one or more types of skills tests. A skills test may consist of:
          (i)       a comprehensive assessment of a person's functional abilities by means of an actual
  demonstration of the applicant's ability to exercise ordinary and reasonable control in the safe operation of a
  motor vehicle; or
          (ii)      a more limited assessment of a person's functional abilities, conducted at the discretion of the
  department, as related to a specific physical or mental condition or conditions or a request for reexamination.
          (c)       must include appropriate licensing criteria relating to the use of adaptive equipment or
  operational limits that can be readily discerned by law enforcement or a licensing agency in another jurisdiction.
          (9)       The department shall adopt rules establishing vision requirements for a person to safely
  operate a motor vehicle. The rules:
          (a)       must include the minimum uncorrected or corrected visual acuity requirements for both
  unrestricted and restricted licenses and operational restrictions based on the visual acuity of an applicant or
  licensee, including the use of bioptic lenses; and
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68th Legislature 2023                                                                                                HB 519.1
            (b)     may include minimum field of vision and depth perception requirements for both unrestricted
  and restricted licenses.
            (10)    The rules in subsections (8) and (9):
            (a)     may take into consideration any nationally recognized standards or recommended practices or
  standards of other jurisdictions for assessment of a person's functional abilities and skills;
            (b)     may be derived from medical guidelines and information compiled by driver licensing medical
  advisory or review boards from other jurisdictions, as well as information received from advocacy groups for
  persons with disabilities and senior citizens; and
            (c)     except as provided in 61-5-105, may not use a person's age or a person's physical or mental
  disability, limitation, or condition as a justification for the denial of a license.
            (11)    The department shall adopt rules governing the issuance of a restricted learner license,
  including when the department may issue a restricted learner license to allow for a driver to practice driving
  skills.
            (12)    The department shall adopt rules governing the issuance of a hardship license to a person who
  is at least 13 years of age and because of individual hardship needs a restricted driver's license, including a
  person who holds a learner license under 61-5-106. The department must consider, among other criteria,
  whether a hardship license is needed because the applicant's parent or guardian is not available to accompany
  the licensee, whether due to employment or circumstances related to the operation of a farm or ranch or
  because the parent or guardian does not hold a valid driver's license, and the licensee is required to drive to the
  licensee's school bus stop.
            (13)    The department may adopt rules governing probationary licenses, including:
            (a)     issuance to a person whose license has been suspended or revoked or whose license is
  subject to a discretionary suspension or revocation;
            (b)     the establishment of restrictions placed on a probationary license;
            (c)     the expiration of a probationary license;
            (d)     the cancellation of a probationary license for violating the restrictions on the probationary
  license or for another law violation; and
            (e)     the issuance, withdrawal, and monitoring of a restricted-use driving permit issued under 61-5-
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68th Legislature 2023                                                                                                 HB 519.1
  232.
          (14)        The department may adopt rules governing the requirements for a veteran designation on a
  driver's license or identification card.
          (15)        The department may adopt rules governing the issuance of a replacement driver's license.
          (16)        The department may adopt rules governing the certification process for cooperative driver
  testing program instructors.
          (17)        The department may adopt rules for the implementation of online driver's license renewal.
          (18)        The department shall adopt rules governing the issuance, renewal, and cancellation of
  identification cards that align with the proof of identity, residence, and authorized presence standards for a
  driver's license.
          (19)        The department may adopt rules for determining moving violations.
          (20)        The department may adopt rules for charging a fee for not appearing at a scheduled
  commercial skills test or motorcycle test and for the waiver of the fee for good cause shown.
          (21)        The department shall adopt rules governing restrictions for personal communication limitations
  and other medical information that would be helpful to a peace officer during a traffic stop.
          (22)        The department may adopt rules governing the conditions under which an applicant is eligible
  to receive a driver's license or identification card by expedited service and to set the fee for expedited service.
          (23)        (a) By September 1, 2025, the department shall establish a program that allows every
  qualifying applicant for a driver's license the ability to acquire a digital version of the applicant's driver's license
  in addition to the physical version issued pursuant to 61-5-116.
          (b)         By July 1, 2025, the department shall adopt rules to implement subsection (23)(a), including but
  not limited to issuance requirements, specifications, security and privacy protections, and allowable uses
  associated with the digital driver's license.
          (23)(24)            The department may adopt rules to implement any other provision of this title."
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                                                                 -4-                       Authorized Print Version – HB 519
Statutes affected: 
HB0519_1.pdf: 61-5-116, 61-14-201
HB0519_2.pdf: 61-5-116, 61-14-201
HB0519_X.pdf: 61-5-116, 61-14-201
Amended: 61-5-116, 61-14-201
Introduced: 61-5-116, 61-14-201