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HOUSE BILL NO. 290
INTRODUCED BY C. TREXLER
A BILL FOR AN ACT ENTITLED: "AN ACT REQUIRING THE DEPARTMENT OF JUSTICE TO SEND A DRIVER'S LICENSE RENEWAL NOTICE TO INDIVIDUALS WHO REQUEST THE SERVICE; ALLOWING THE DEPARTMENT TO CHARGE $1 TO OFFSET THE COSTS OF PROVIDING THE SERVICE; SUBMITTING THE FEE TO THE ELECTORATE; AMENDING SECTION 61-5-111, MCA; PROVIDING A CONTINGENT VOIDNESS PROVISION; AND PROVIDING EFFECTIVE DATES."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 61-5-111, MCA, is amended to read:
"61-5-111. Renewals, expirations, and fees for licenses, permits, and endorsements -- notice of expiration. (1) The department may appoint county treasurers and other qualified officers to act as its agents for the sale of driver's licenses receipts and shall make necessary rules governing sales. In areas in which the department provides driver licensing services 3 days or more a week, the department is responsible for sale of receipts and may, in its discretion, appoint an agent to sell receipts. The department, upon receipt of payment of the fees specified in this section, shall issue a driver's license to each qualifying applicant. The license must contain a full-face photograph of the licensee in the size and form prescribed by the department; a distinguishing number issued to the licensee; the full name, date of birth, Montana mailing address, and a brief description of the licensee; and either the licensee's signature or a digital reproduction of the licensee's signature. A license is not valid until it is signed by the licensee.
(2) (a) When a person applies for renewal of a driver's license, the department shall test the applicant's eyesight and, in the department's discretion, may have the applicant complete a road test demonstrating the applicant's ability to operate and to exercise ordinary and reasonable care in the operation of a motor vehicle.
(b) In the case of a commercial driver's license, the department may also require that the applicant successfully complete a written examination as required by federal regulations.
(c) A person is considered to have applied for renewal of a Montana driver's license if the application is made within 6 months before or 3 months after the expiration of the person's license.
(d) The department shall mail a driver's license renewal notice no earlier than 60 days and no later than 30 days prior to
the expiration date of a commercial driver's license if the licensee has previously submitted a written request for the notice
either at the time of initial application or of renewal of the license.
(e) The department shall mail a driver's license renewal notice no earlier than 60 days and no later than 30 days prior to the expiration date of a driver's license if the licensee has previously submitted a written request for the notice either at the time of the initial application or of renewal of the license. The department may charge a driver's license renewal notice fee of $1, in addition to the fee charged under subsection (6), to offset the costs of tracking the written requests and of mailing the notices.
(3) (a) Except as provided in subsections (3)(b) and (3)(c), a license expires on the anniversary of the licensee's birthday 8 years or less after the date of issue or on the licensee's 75th birthday, whichever occurs first. The department may adopt rules to stagger the implementation of the conversion to an 8-year license cycle over a 4-year period.
(b) A license issued to a person who is 75 years of age or older expires on the anniversary of the licensee's birthday 4 years or less after the date of issue.
(c) A license issued to a person who is under 21 years of age expires on the licensee's 21st birthday.
(4) Whenever the department issues an original license to a person under the age of 18 years, the license must be designated and clearly marked as a "provisional license". Any license designated and marked as provisional may be suspended by the department for a period of not more than 12 months when its records disclose that the licensee, subsequent to the issuance of the license, has been guilty of careless or negligent driving.
(5) It is unlawful for any person to have in the person's possession or under the person's control more than one valid Montana driver's license at any one time. A license is not valid for the operation of a motorcycle or quadricycle unless the holder of the license has completed the requirements of 61-5-110 and the license has been clearly marked with the words "motorcycle endorsement". A license is not valid for the operation of a commercial vehicle unless the holder of the license has completed the requirements of 61-5-110 and the license has been clearly marked with the words "commercial driver's license".
(6) Fees for driver's licenses are:
(a) driver's license, except a commercial driver's license -- $4
per a year or fraction of a year;
(b) motorcycle endorsement -- 50 cents
per a year or fraction of a year;
(c) commercial driver's license:
(i) interstate -- $5
per a year or fraction of a year;
(ii) intrastate -- $3.50
per a year or fraction of a year.
(7) The holder of a valid chauffeur's license may convert or renew the chauffeur's license to a commercial driver's license by paying the appropriate fee and complying with the requirements established by the department."
NEW SECTION. Section 2. Submission to electorate. This act shall be submitted to the qualified electors of Montana at the tax election to be held in 1999 by printing on the ballot the full title of this act and the following:
SHALL A NEW TAX, DESCRIBED AS FOLLOWS, BE IMPOSED?
 FOR allowing the department of justice to impose a fee of $1 to an applicant who requests to be mailed a driver's license renewal notice.
 AGAINST allowing the department of justice to impose a fee of $1 to an applicant who requests to be mailed a driver's license renewal notice.
NEW SECTION. Section 3. Contingent voidness. If Constitutional Initiative No. 75, enacting Article VIII, section 17, of the Montana constitution, is declared invalid, then [section 2 and this section] are void.
NEW SECTION. Section 4. Effective dates. (1) If submitted to the electorate, this act is effective upon the approval of the electorate.
(2) If Constitutional Initiative No. 75, enacting Article VIII, section 17, of the Montana constitution, is declared invalid, then section 1 is effective July 1, 1999.
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Latest Version of HB 290 (HB0290.01)
Processed for the Web on January 18, 1999 (12:28PM)
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Status of this Bill| 1999 Session | Leg. Branch Home
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