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.

Terms Used In Montana Code 61-5-129

  • Department: means the department of justice acting directly or through its duly authorized officers or agents. See Montana Code 61-1-101
  • Driver: means a person who drives or is in actual physical control of a vehicle. See Montana Code 61-1-101
  • person: means an individual, corporation, partnership, limited partnership, limited liability company, association, joint venture, state agency, local government unit, another state government, the United States, a political subdivision of this or another state, or any other legal or commercial entity. See Montana Code 61-1-101
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201

(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

for a person who is applying for a REAL ID-compliant driver’s license or identification card during or prior to a renewal period specified in 61-5-111(3)(c), 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.)