SENATE BILL NO. 76
INTRODUCED BY T. BECK
BY REQUEST OF THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES
AN ACT REVISING PROVISIONS RELATING TO THE ASSIGNMENT OF MONETARY AND MEDICAL SUPPORT BY PERSONS ON PUBLIC ASSISTANCE TO THE DEPARTMENT OF PUBLIC HEALTH AND HUMAN SERVICES; REQUIRING CERTAIN LICENSE APPLICATIONS TO INCLUDE THE APPLICANT'S SOCIAL SECURITY NUMBER; PROVIDING CONFIDENTIALITY FOR THE SOCIAL SECURITY NUMBERS; AMENDING SECTIONS 53-2-613, 61-5-107, 61-5-111, 87-2-106, AND 87-2-202, MCA; AND PROVIDING EFFECTIVE DATES AND APPLICABILITY DATES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 53-2-613, MCA, is amended to read:
"53-2-613. Application for assistance -- assignment of support rights. (1) Applications for public assistance, including but not limited to FAIM financial assistance, as defined in 53-2-902, and medical assistance, must be made to the county department of public welfare in the county in which the person is residing. The application must be submitted, in the manner and form prescribed by the department, and must contain information required by the department.
(2) A person who signs an application for FAIM financial assistance, as defined in 53-2-902, or related medical assistance assigns to the state, to the department, and to the county welfare department all rights that the applicant may have to monetary and medical support from any other person in the applicant's own behalf or in behalf of any other family member for whom application is made. A person who signs an application for public assistance other than FAIM financial assistance, as defined in 53-2-902, or related medical assistance may, in accordance with rules adopted by the department, be required to assign to the state, to the department, and to the county welfare department all rights that the applicant may have to monetary and medical support from any other person in the applicant's own behalf or on behalf of any other family member for whom application is made.
(3) The assignment:
(a) is effective for both current and accrued support, including unpaid support that accrued before the applicant received public assistance, and medical obligations;
(b) takes effect upon a determination that the applicant is eligible for public assistance; and
(c) remains in effect with respect to the amount of any unpaid support and medical obligation accrued under the
assignment that was owed prior to the termination of public assistance to a recipient; and
(d) does not apply to support that accrued before the applicant received public assistance.
(4) If a person who is the legal custodian and child support obligee under a support order relinquishes physical custody of a child to a caretaker relative without obtaining a modification of legal custody and the caretaker relative is determined eligible for public assistance on behalf of the child, the child support obligation is transferred by operation of law to the caretaker relative and may be assigned as provided in subsection (2). The transfer and assignment terminate when the caretaker relative no longer has physical custody of the child, except for any unpaid support still owing under the assignment at that time.
(5) Whenever a child support or spousal support obligation is assigned to the department pursuant to this section, the following provisions apply:
(a) If the support obligation is based upon a judgment or decree or an order of a court of competent jurisdiction, the department may retain assigned support amounts in an amount sufficient to reimburse the cumulative total of public assistance money expended.
(b) A recipient or former recipient of public assistance may not commence or maintain an action to recover or enforce a delinquent support obligation or make any agreements with any other person or agency concerning the support obligation, except as provided in 40-5-202.
(c) If a notice of assigned interest is filed with the district court, the clerk of the court may not pay over or release for the benefit of any recipient or former recipient of public assistance any amounts received pursuant to a judgment or decree or an order of the court until the department's child support enforcement division has filed a written notice that:
(i) the assignment of current support amounts has been terminated; and
(ii) all assigned support delinquencies, if any, are satisfied or released.
(d) A recipient or former recipient of public assistance may not take action to modify or make any agreement to modify, settle, or release any past, present, or future support obligation unless the department's child support enforcement division is given written notice under the provisions of 40-5-202. Any modifications or agreements entered into without the participation of the department are void with respect to the state, the department, and the county welfare department.
(e) A support obligation assigned under this section may not be terminated, invalidated, waived, set aside, or considered uncollectible by the conduct, misconduct, or failure of a recipient or former recipient of public assistance to take any action or to cease any action required under a decree, judgment, support order, custody order, visitation order, restraining order, or other similar order."
Section 2. Section 61-5-107, MCA, is amended to read:
"61-5-107. (Bracketed language terminates on occurrence of contingency or July 1, 1999) Application for license, instruction permit, or motorcycle endorsement. (1) Each application for an instruction permit, driver's license, or motorcycle endorsement must be made upon a form furnished by the department. A motorcycle endorsement is required for the operation of a quadricycle. Each application must be accompanied by the proper fee, and payment of the fee entitles the applicant to not more than three attempts to pass the examination within a period of 6 months from the date of application. A voter registration form for mail registration as prescribed by the secretary of state must be attached to each driver's license application. If the applicant wishes to register to vote, the department shall accept the registration and forward the form to the election administrator.
(2) Each application must state the full name, date of birth, sex, residence address of the applicant[, and if the application
is for a commercial vehicle operator's license, and the applicant's social security number], must briefly describe the applicant,
and must state whether:
(a) the applicant has previously been licensed as a driver or commercial vehicle operator, and, if so, when and by what
state or country;
(b) any commercial operator license has ever been suspended or revoked; or
(c) an application has ever been refused, and, if so, the date of and reason for suspension, revocation, or refusal.
[(3) The department shall keep the applicant's social security number from this source confidential, except that the number may be used for purposes of subtitle VI of Title 49 of the U.S.C. or as otherwise permitted by state law administered by the department and may be provided to the department of public health and human services for use in administering Title IV-D of the Social Security Act.]
(4) When application is received from an applicant previously licensed by another jurisdiction, the department shall request a copy of the applicant's driving record from the previous licensing jurisdiction. The driving record may be transmitted manually or by electronic medium. When received, the driving records become a part of the driver's record in this state with the same force and effect as though entered on the driver's record in this state in the original instance. (Bracketed language terminates on occurrence of contingency or July 1, 1999--sec. 104, Ch. 552, L. 1997.)"
Section 3. 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. The department may not use the licensee's social security number as the distinguishing number unless the licensee expressly authorizes the use. 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.
(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 year or fraction of a year;
(b) motorcycle endorsement -- 50 cents per year or fraction of a year;
(c) commercial driver's license:
(i) interstate -- $5 per year or fraction of a year;
(ii) intrastate -- $3.50 per 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."
Section 4. Section 87-2-106, MCA, is amended to read:
"87-2-106. Application for license -- penalties for violation -- forfeiture of privileges. (1) A license may be procured from the director, a warden, or an authorized agent of the director. The applicant shall state the applicant's name, age, social security number, occupation, street address of permanent residence, mailing address, qualifying length of time as a resident in the state of Montana, and status as a citizen of the United States or as an alien and other facts, data, or descriptions as may be required by the department. An applicant for a resident license shall present a valid Montana driver's license, Montana driver's examiner's identification card, or other identification specified by the department to substantiate the required information. It is the applicant's burden to provide documentation establishing the applicant's identity and qualifications to purchase a license. It is unlawful and a misdemeanor for a license agent to sell a hunting, fishing, or trapping license to an applicant who fails to produce the required identification at the time of application for licensure. Except as provided in subsections (2) through (4), the statements made by the applicant must be subscribed to before the officer or agent issuing the license.
(2) Except as provided in subsection (3), department employees or officers may issue licenses by mail. Statements on an application for a license to be issued by mail need not be subscribed to before the employee or officer.
(3) To apply for a license under the provisions of 87-2-102(7), the applicant shall apply to the director and shall submit at the time of application a notarized affidavit that attests to fulfillment of the requirements of 87-2-102(7). The director shall process the application in an expedient manner.
(4) A resident may apply for and purchase a wildlife conservation license, hunting license, or fishing license for the resident's spouse, parent, child, brother, or sister who is otherwise qualified to obtain the license.
(5) A license is void unless subscribed to by the licensee and by an employee or officer of the department or by a license agent or an authorized representative of the license agent.
(6) It is unlawful to subscribe to any statement, on an application or license, that is materially false. Any material false statement contained in an application renders the license issued pursuant to it void. A person violating any provision of this subsection is guilty of a misdemeanor.
(7) (a) A person not meeting the residency criteria set out in 87-2-102 who is convicted of affirming to a false statement to obtain a resident license shall be:
(i) fined not less than the greater of $100 or twice the cost of the nonresident license that authorized the sought-after privilege or more than $1,000;
(ii) imprisoned in the county jail for not more than 6 months; or
(iii) both fined and imprisoned.
(b) In addition to the penalties specified in subsection (7)(a), upon conviction or forfeiture of bond or bail, the person shall forfeit any current hunting, fishing, and trapping licenses and the privilege to hunt, fish, and trap in Montana for not less than 18 months.
(8) It is unlawful and a misdemeanor for a person to purposely or knowingly assist an unqualified applicant in obtaining a resident license in violation of this section.
(9) The department shall keep the applicant's social security number confidential, except that the number may be provided to the department of public health and human services for use in administering Title IV-D of the Social Security Act.
(10) The department shall delete an applicant's social security number in any electronic database 5 years after the date that application is made for the most recent license."
Section 5. Section 87-2-202, MCA, is amended to read:
"87-2-202. Application -- fee -- expiration. (1) A wildlife conservation license must be sold upon written application. The application must contain the applicant's name, age, social security number, occupation, street address of permanent residence, mailing address, qualifying length of time as a resident in the state of Montana, and status as a citizen of the United States or as an alien and must be signed by the applicant. The applicant shall present a valid Montana driver's license, a Montana driver's examiner's identification card, or other identification specified by the department to substantiate the required information when applying for a wildlife conservation license. It is the applicant's burden to provide documentation establishing the applicant's identity and qualifications to purchase a wildlife conservation license. It is unlawful and a misdemeanor for a license agent to sell a wildlife conservation license to an applicant who fails to produce the required identification at the time of application for licensure.
(2) Hunting, fishing, or trapping licenses issued in a form determined by the department must be recorded according to rules that the department may prescribe.
(3) (a) Resident wildlife conservation licenses may be purchased for a fee of $4.
(b) Nonresident wildlife conservation licenses may be purchased for a fee of $5.
(4) Licenses issued are void after the last day of February next succeeding their issuance.
(5) The department shall keep the applicant's social security number confidential, except that the number may be provided to the department of public health and human services for use in administering Title IV-D of the Social Security Act.
(6) The department shall delete the applicant's social security number in any electronic database 5 years after the date that application is made for the most recent license."
Section 6. Effective dates. (1) [Sections 1 and 7 and this section] are effective on passage and approval.
(2) [Sections 2 and 3] are effective October 1, 2000.
(3) [Sections 4 and 5] are effective July 1, 1999.
Section 7. Applicability. (1) [Sections 2 and 3] apply to driver's licenses issued on or after October 1, 2000.
(2) [Sections 4 and 5] apply to license years beginning on or after March 1, 2000.
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Latest Version of SB 76 (SB0076.ENR)
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