By Request of the Transportation Interim Committee
A BILL FOR AN ACT ENTITLED: "AN ACT REVISING STATE COMPLIANCE WITH THE FEDERAL REAL ID ACT OF 2005; CLARIFYING STATE PARTICIPATION; ALLOWING THE DEPARTMENT OF JUSTICE TO ADOPT RULES TO PROVIDE FEE WAIVERS; providing rulemaking authority; AMENDING SECTIONS 61-5-129 AND 61-14-201, MCA; REPEALING SECTION 8, CHAPTER 443, LAWS OF 2017; and PROVIDING AN IMMEDIATE EFFECTIVE DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 61-5-129, MCA, is amended to read:
"61-5-129. (Temporary) REAL ID-compliant driver's license or identification card -- voluntary application. (1) The department shall issue a Montana driver's license or identification card that complies with the requirements of the federal REAL ID Act of 2005, Public Law 109-13, to each qualifying applicant.
(2) (a) When required to obtain a Montana driver's license or identification card, a person may choose to apply for either a standard driver's license or identification card, or for a REAL ID-compliant driver's license or REAL ID-compliant identification card.
(b) A person may not hold a valid standard driver's license or identification card and a valid REAL ID-compliant driver's license or identification card at the same time.
(3) (a) A REAL ID-compliant driver's license issued pursuant to this section is subject to the other requirements of obtaining, renewing, and using a standard driver's license issued pursuant to this chapter.
(b) A REAL ID-compliant identification card issued pursuant to this section is subject to the other requirements of obtaining, renewing, and using a standard identification card issued pursuant to Title 61, chapter 12, part 5, and this chapter.
(4) (a) In addition to the fees charged to apply for or renew a standard driver's license under 61-5-111(6) and the fees charged to apply for a standard identification card under 61-12-504, the department may charge the following additional fees:
(i) for a person who is applying for a REAL ID-compliant driver's license or identification card during a renewal period specified in 61-5-111(3)(c), the additional fee is $25; and
(ii) for a person who is applying for a REAL ID-compliant driver's license or identification card prior to the renewal period specified in 61-5-111(3)(c), the additional fee is $50; and.
(iii) for a person who renews a standard driver's license or a standard identification card under61-5-111(3)(c) between June 1, 2017, through December 31, 2017, and is applying for a REAL ID-compliant driver's license or identification card between January 1, 2018, and June 30, 2018, the additional fee is $25.
(b) The fees collected under this subsection (4) must be deposited in the state special revenue fund to be used to fund the equipment and staffing necessary to provide REAL ID-compliant driver's licenses and identification cards. (Void on occurrence of contingency--sec. 8, Ch. 443, L. 2017.)"
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.
(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
(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 61-5-232.
(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 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.
(22) The department may adopt rules governing the conditions under which an applicant is eligible to receive a waiver of fees collected pursuant to 61-5-129.
(22)(23) The department may adopt rules to implement any other provision of this title."
NEW SECTION. Section 3. Repealer. Section 8, Chapter 443, Laws of 2017, is repealed.
NEW SECTION. Section 4. Effective date. [This act] is effective on passage and approval.