Bill Summary – FastDemocracy

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68th Legislature 2023                                                                                               HB 764.1
                                                   HOUSE BILL NO. 764
                                               INTRODUCED BY D. LOGE
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  A BILL FOR AN ACT ENTITLED: “AN ACT REVISING CERTAIN LICENSE PLATE FEES; REQUIRING THE
  MOTOR VEHICLE DIVISION OF THE DEPARTMENT OF JUSTICE TO SET FEES COMMENSURATE WITH
  COSTS; AMENDING SECTION 61-3-321, MCA; AND PROVIDING A DELAYED EFFECTIVE DATE.”
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  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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          Section 1. Section 61-3-321, MCA, is amended to read:
          "61-3-321.     Registration fees of vehicles and vessels -- certain vehicles exempt from
  registration fees -- disposition of fees -- definition. (1) Except as otherwise provided in this section,
  registration fees must be paid upon registration or, if applicable, renewal of registration of motor vehicles,
  snowmobiles, watercraft, trailers, semitrailers, and pole trailers as provided in subsections (2) through (20).
          (2)      (a) Except as provided in subsection (2)(b), unless a light vehicle is permanently registered
  under 61-3-562, the annual registration fee for light vehicles, trucks, and buses that weigh 1 ton or less and for
  logging trucks that weigh 1 ton or less is as follows:
          (i)      if the vehicle is 4 or less years old, $217;
          (ii)     if the vehicle is 5 through 10 years old, $87; and
          (iii)    if the vehicle is 11 or more years old, $28.
          (b)      For a light vehicle with a manufacturer's suggested retail price of more than $150,000 that is 10
  years old or less, the annual registration fee is the amount provided for in subsection (2)(a) plus $825.
          (3)      (a) Except as provided in subsections (3)(b) and (15), the one-time registration fee based on
  the declared weight of a trailer, semitrailer, or pole trailer is as follows:
          (i)      if the declared weight is less than 6,000 pounds, $61.25; or
          (ii)     if the declared weight is 6,000 pounds or more, $148.25.
          (b)      For a trailer, semitrailer, or pole trailer that is registered under 61-3-701, the annual registration
  fee based on the declared weight is as follows:
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68th Legislature 2023                                                                                                HB 764.1
            (i)     if the declared weight is less than 6,000 pounds, $30; or
            (ii)    if the declared weight is 6,000 pounds or more, $60.
            (4)     Except as provided in subsection (15), the one-time registration fee for motor vehicles owned
  and operated solely as collector's items pursuant to 61-3-411, based on the weight of the vehicle, is as follows:
            (a)     2,850 pounds and over, $10; and
            (b)     under 2,850 pounds, $5.
            (5)     (a) Except as provided in subsections (5)(b) and (15), the one-time registration fee for off-
  highway vehicles other than a quadricycle or motorcycle is $61.25.
            (b)     Whenever a valid summer motorized recreation trail pass issued pursuant to 23-2-111 is
  affixed to an off-highway vehicle other than a quadricycle or motorcycle, the one-time registration fee is $41.25.
            (6)     The annual registration fee for heavy trucks, buses, and logging trucks in excess of 1 ton is
  $22.75.
            (7)     (a) Except as provided in subsection (7)(c), the annual registration fee for a motor home, based
  on the age of the motor home, is as follows:
            (i)     less than 2 years old, $282.50;
            (ii)    2 years old and less than 5 years old, $224.25;
            (iii)   5 years old and less than 8 years old, $132.50; and
            (iv)    8 years old and older, $97.50.
            (b)     The owner of a motor home that is 11 years old or older and that is subject to the registration
  fee under this section may permanently register the motor home upon payment of:
            (i)     a one-time registration fee of $237.50;
            (ii)    unless a new set of license plates is being issued, an insurance verification fee of $5, which
  must be deposited in the account established under 61-6-158;
            (iii)   if applicable, five times the renewal fees for personalized license plates under 61-3-406; and
            (iv)    if applicable, the donation fee for a generic specialty license plate under 61-3-480 or a
  collegiate license plate under 61-3-465.
            (c)     For a motor home with a manufacturer's suggested retail price of more than $300,000 that is 10
  years old or less, the annual registration fee is the amount provided in subsection (7)(a) plus $800.
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68th Legislature 2023                                                                                               HB 764.1
           (8)      (a) (i) Except as provided in subsections (8)(b), (8)(c), and (15), the one-time registration fee for
  motorcycles and quadricycles registered for use on the public highways is $53.25, the one-time registration fee
  for motorcycles and quadricycles registered for off-highway use is $53.25, and the one-time registration fee for
  motorcycles and quadricycles registered for both off-road use and for use on the public highways is $114.50.
           (ii)     An additional fee of $16 must be collected for the registration of each motorcycle or quadricycle
  as a safety fee, which must be deposited in the state motorcycle safety account provided for in 20-25-1002.
           (b)      (i) The annual registration fee for motorcycles and quadricycles registered for use on the public
  highways under 61-3-701 is $44.
           (ii)     The annual registration fee for motorcycles and quadricycles registered for off-highway use
  under 61-3-701 is $44.
           (iii)    The annual registration fee for motorcycles and quadricycles registered for both off-road use
  and for use on the public highways under 61-3-701 is $88.
           (iv)     An additional safety fee of $7 must be collected annually for each motorcycle or quadricycle
  registered under 61-3-701. The safety fee must be deposited in the state motorcycle safety account provided
  for in 20-25-1002.
           (c)      Whenever a valid summer motorized recreation trail pass issued pursuant to 23-2-111 is
  affixed to a motorcycle or quadricycle, the one-time registration fee for motorcycles and quadricycles registered
  for:
           (i)      use on the public highways is $33.25; and
           (ii)     both off-road use and for use on the public highways is $94.50.
           (9)      Except as provided in subsection (15), the one-time registration fee for travel trailers, based on
  the length of the travel trailer, is as follows:
           (a)      under 16 feet in length, $72; and
           (b)      16 feet in length or longer, $152.
           (10)     Except as provided in subsection (15), the one-time registration fee for a motorboat, sailboat,
  personal watercraft, or motorized pontoon required to be numbered under 23-2-512 is as follows:
           (a)      for a personal watercraft or a motorboat, sailboat, or motorized pontoon less than 16 feet in
  length, $65.50;
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68th Legislature 2023                                                                                            HB 764.1
          (b)      for a motorboat, sailboat, or motorized pontoon at least 16 feet in length but less than 19 feet in
  length, $125.50; and
          (c)      for a motorboat, sailboat, or motorized pontoon 19 feet in length or longer, $295.50.
          (11)     (a) Except as provided in subsections (11)(b), (11)(c), and (15), the one-time registration fee for
  a snowmobile is $60.50.
          (b)      Whenever a valid winter trail pass issued pursuant to 23-2-636 is affixed to a snowmobile, the
  one-time registration fee is $40.50.
          (c)      (i) A snowmobile that is licensed by a Montana business and is owned exclusively for the
  purpose of daily rental to customers is assessed:
          (A)      a fee of $40.50 in the first year of registration; and
          (B)      if the business reregisters the snowmobile for a second year, a fee of $20.
          (ii)     If the business reregisters the snowmobile for a third year, the snowmobile must be
  permanently registered and the business is assessed the registration fee imposed in subsection (11)(a).
          (12)     (a) The one-time registration fee for a low-speed electric vehicle is $25.
          (b)      The one-time registration fee for a golf cart that is owned by a person who has or is applying for
  a low-speed restricted driver's license is $25.
          (c)      The one-time registration fee for golf carts authorized to operate on certain public streets and
  highways pursuant to 61-8-391 is $25. Upon receipt of the fee, the department shall issue the owner a decal,
  which must be displayed visibly on the golf cart.
          (13)     (a) Except as provided in subsection (13)(b), a fee of $10 determined by the department
  commensurate with costs must be collected when a new set of standard license plates, a new single standard
  license plate, or a replacement set of special license plates required under 61-3-332 is issued. The $10 fee
  imposed under this subsection (13)(a) does not apply when previously issued license plates are transferred
  under 61-3-335. All registration fees imposed under this section must be paid if the vehicle to which the plates
  are transferred is not currently registered.
          (b)      An additional fee of $15 determined by the department commensurate with costs must be
  collected if a vehicle owner elects to keep the same license plate number from license plates issued before
  January 1, 2010, when replacement of those plates is required under 61-3-332(3).
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68th Legislature 2023                                                                                                   HB 764.1
             (c)     The fees imposed in this subsection (13) must be deposited in the account established under
  61-6-158, except that $2 of the fee imposed in subsection (13)(a) must be deposited in the state general fund.
             (14)    The provisions of this part with respect to the payment of registration fees do not apply to and
  are not binding upon motor vehicles, trailers, semitrailers, snowmobiles, watercraft, or tractors owned or
  controlled by the United States of America or any state, county, city, or special district, as defined in 18-8-202,
  or to a vehicle or vessel that meets the description of property exempt from taxation under 15-6-201(1)(a),
  (1)(d), (1)(e), (1)(g), (1)(h), (1)(i), (1)(k), (1)(l), (1)(n), or (1)(o), 15-6-203, or 15-6-215, except as provided in 61-
  3-520.
             (15)    Whenever ownership of a trailer, semitrailer, pole trailer, off-highway vehicle, motorcycle,
  quadricycle, travel trailer, motor home, motorboat, sailboat, personal watercraft, motorized pontoon,
  snowmobile, motor vehicle owned and operated solely as a collector's item pursuant to 61-3-411, or low-speed
  electric vehicle is transferred, the new owner shall title and register the vehicle or vessel as required by this
  chapter and pay the fees imposed under this section.
             (16)    A person eligible for a waiver under 61-3-460 is exempt from the fees required under this
  section.
             (17)    Except as otherwise provided in this section, revenue collected under this section must be
  deposited in the state general fund.
             (18)    The fees imposed by subsections (2) through (12) are not required to be paid by a dealer for
  the enumerated vehicles or vessels that constitute inventory of the dealership.
             (19)    (a) Unless a person exercises the option in either subsection (19)(b) or (19)(c), an additional
  fee of $9 must be collected for each light vehicle registered under this part. This fee must be accounted for and
  transmitted separately from the registration fee. Of the $9 fee:
             (i)     $6.74 must be deposited in the state special revenue account established in 23-1-105 and
  used for state parks;
             (ii)    50 cents must be deposited in an account in the state special revenue fund to the credit of the
  department of fish, wildlife, and parks and used for fishing access sites;
             (iii)   $1.37 must be deposited in the trails and recreation facilities state special revenue account
  established in 23-2-108; and
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68th Legislature 2023                                                                                                   HB 764.1
          (iv)     39 cents must be deposited in the Montana heritage preservation and development account
  established in 22-3-1004 and used for the operation of state-owned facilities at Virginia City and Nevada City.
          (b)      A person who registers a light vehicle may, at the time of annual registration, certify that the
  person does not intend to use the vehicle to visit state parks and fishing access sites and may make a written
  election not to pay the additional $9 fee provided for in subsection (19)(a). If a written election is made, the fee
  may not be collected.
          (c)      (i) A person who registers one or more light vehicles may, at the time of annual registration,
  certify that the person does not intend to use any of the vehicles to visit state parks and fishing access sites and
  may make a written election not to pay the additional $9 fee provided for in subsection (19)(a). If a written
  election is made, the fee may not be collected at any subsequent annual registration unless the person makes
  the written election to pay the additional fee on one or more of the light vehicles.
          (ii)     The written election not to pay the additional fee on a light vehicle expires if the vehicle is
  registered to a different person.
          (20)     For each light vehicle, trailer, semitrailer, pole trailer, heavy truck, motor home, motorcycle,
  quadricycle, and travel trailer subject to a registration fee under this section, an additional fee of $10 must be
  collected and forwarded to the state for deposit in the account established in 44-1-504.
          (21)     (a) If a person exercises the option in subsection (21)(b), an additional fee of $5 must be
  collected for each light vehicle registered under this part. This fee must be accounted for and transmitted
  separately from the registration fee. The fee must be deposited in an account in the state special revenue fund.
  Funds in the account are statutorily appropriated, as provided in 17-7-502, to the department of transportation
  and must be allocated as provided in 60-3-309.
          (b)      A person who registers one or more light vehicles may, at the time of annual registration, make
  a written or electronic election to pay the additional $5 fee provided for in subsection (21)(a).
          (22)     This section does not apply to a motor vehicle, trailer, semitrailer, or pole trailer that is
  governed by 61-3-721.
          (23)     (a) The $800 and $825 amounts collected based on the manufacturer's suggested retail price
  in subsections (2) and (7) are exempt from the provisions of 15-1-122 and must be deposited in the motor
  vehicle division administration account established in 61-3-112.
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68th Legislature 2023                                                                                         HB 764.1
          (b)      By August 15 of each year, beginning in the fiscal year beginning July 1, 2019, the department
  of justice shall deposit into the general fund an amount equal to the fiscal yearend balance minus 25% of the
  current fiscal year appropriation for the account established in 61-3-112.
          (24)     For the purposes of this section, "manufacturer's suggested retail price" means the price
  suggested by a manufacturer for each given type, style, or model of a light vehicle or motor home produced and
  first made available for retail sale by the manufacturer."
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          NEW SECTION. Section 2.         Effective date. [This act] is effective January 1, 2024
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                                                               -7-                     Authorized Print Version – HB 764
Statutes affected: 
HB0764_1.pdf: 61-3-321
HB0764_2.pdf: 61-3-321, 61-3-722
HB0764_3.pdf: 61-3-321, 61-3-722
HB0764_X.pdf: 61-3-321, 61-3-722
Amended: 61-3-321, 61-3-722
Introduced: 61-3-321