UNAPPROVED DRAFT BILL -- Subject to Change Without Notice!
BILL NO.
INTRODUCED BY
(Primary Sponsor)BY REQUEST OF THE ATTORNEY GENERAL
A BILL FOR AN ACT ENTITLED: "AN ACT REVISING THE DEPARTMENT OF JUSTICE'S RESPONSIBILITIES FOR COLLECTING, MAINTAINING, AND RELEASING MOTOR VEHICLE ACCIDENT AND DRIVING RECORD INFORMATION; AND AMENDING SECTIONS 61-11-102 AND 61-11-105, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 61-11-102, MCA, is amended to read:
"61-11-102. Records to be kept by the department. (1) The department shall file every application for a driver's
license received by that it receives and shall maintain suitable indexes containing, in alphabetical order:
(a) all applications denied and on each thereof application note the reasons for such the denial;
(b) all applications granted; and
(c) the name of every licensee whose license has been suspended or revoked by the department and after each such name
note the reasons for such action the suspension or revocation.
(2) The department shall also file all accident reports and abstracts of court records of convictions received by that it
receives under the laws of this state and in connection therewith maintain convenient records or make suitable notations in
order so that an individual record of each licensee showing the licensee's convictions of such licensee and certain traffic
accidents in which he has been involved shall be is readily ascertainable and available for the consideration of to the
department upon any an application for renewal of a license and at other suitable appropriate times. No record of
involvement in a traffic accident may be entered on a licensee's record unless he was convicted, as defined in 61-11-203, for
an act causally related to the accident.
(3) The department is further authorized may, upon receiving a record of the conviction in this state of a nonresident
driver of a motor vehicle of any offense under the motor vehicle laws of this state, to forward a certified copy of such the
record to the motor vehicle administrator in the state wherein where the person so convicted driver is a resident.
(4) The department may collect accident involvement information pertaining to an individual driver or licensee from accident reports filed under 61-7-114. The department may use the information only for statistical analysis or for monitoring the insurance requirements provided in Title 61, chapter 6. The information may not be included as a part of an individual's driving record and may be released only in accordance with the provisions of 61-7-114.
(4)(5) The department may photograph, microphotograph, photostat, or reproduce on film any of its records. The film or
reproducing material must be durable, and the device used to reproduce the records on the film or material must accurately
reproduce and perpetuate the original records. Such a A photograph, microphotograph, photostatic copy, or photographic
film of the original record is an original record for all purposes and is admissible in evidence in all courts or administrative
agencies. A facsimile, exemplification, or certified copy of the original record is a transcript of the original for purposes
stated in this section.
(5)(6) The department may place on a computer storage device the information contained on original records or
reproductions of original records made pursuant to this section. Signatures on records need not be placed on a computer
storage device.
(6)(7) A reproduction of the information placed on a computer storage device is an original of the record for all purposes
and is admissible in evidence without further foundation in all courts or administrative agencies when the following
certification by a custodian of the record appears on each page:
The individual named below, being a duly designated custodian of the driver records of the department of justice, motor vehicle division, certifies this document as a true reproduction, in accordance with 61-11-102(6), of the information contained in a computer storage device of the department of justice, motor vehicle division.
Signed: ...............................
(Print Full Name)"
Section 2. Section 61-11-105, MCA, is amended to read:
"61-11-105. Release of information -- fees. (1) Except as provided in subsection (2), the department shall, upon request, furnish a person with the individual Montana driving record of a licensee, showing the following:
(a) driver's license status and expiration date;
(b) convictions of the licensee; and
(c) traffic accidents in which the licensee was involved driver control actions taken against the licensee, including denial
of a license application or cancellation, suspension, or revocation of a driver's license or driving privileges.
(2) Unless the merits of public disclosure exceed the demands of individual privacy, a driving record of a licensee released under subsection (1) may not disclose an individual's address, social security number, photograph, medical or disability information, or information provided through means of a tracking device.
(3) Information relating to a traffic accident that did not involve a conviction, as defined in 61-11-203, may not be
released by the department unless the release is requested or approved by a party involved in the accident or is required by
court order or a duly executed subpoena.
(4)(3) A fee of $4 must be paid for each individual Montana driving record requested. A fee of $10 must be paid if a
certified Montana record, as provided in 61-11-102(6), is requested. All driving records must be provided without charge to
any criminal justice agency, as defined in 44-5-103, or other state or federal agency."
- END -
Latest Version of LC 689 (LC0689.01)
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