Bill Summary – FastDemocracy

Unofficial Draft Copy - To Legal Review
****                                               As of: 11/19/2024, 01:38:36
69th Legislature 2025                              Drafter: Joseph Carroll, ****                                  LC 0170
                                                    **** BILL NO. ****
                                                 INTRODUCED BY ****
                        BY REQUEST OF THE TRANSPORTATION INTERIM COMMITTEE
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  A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING LAWS RELATED TO MOTOR VEHICLE
  LAWS FOR CLARITY AND CONSISTENCY; REORGANIZING DEFINITIONS FOR IMPROVED READABILITY
  OF THE MONTANA CODE ANNOTATED; CONSOLIDATING THE IDENTICAL DEFINITIONS OF
  "SAILBOAT"; CONSOLIDATING THE IDENTICAL DEFINITIONS OF "VESSEL"; REORGANIZING
  DEFINITIONS FOR CONFORMITY WITH THE BILL DRAFTING MANUAL; ELIMINATING PINCITES TO 61-1-
  101, MCA; PROVIDING NOTICE OF EXISTING NONSTANDARD PENALTIES; ELIMINATING
  UNNECESSARY CITATIONS TO 61-1-101; ELIMINATING SPECIAL PENALTY PROVISIONS THAT ARE
  DUPLICATIVE OF STANDARD PENALTY PROVISIONS; AMENDING SECTIONS 23-2-502, 61-1-101, 61-2-
  102, 61-3-201, 61-3-206, 61-3-224, 61-3-226, 61-3-301, 61-3-317, 61-3-321, 61-3-412, 61-3-413, 61-3-503, 61-
  4-102, 61-4-104, 61-4-110, 61-4-111, 61-4-121, 61-4-123, 61-4-212, 61-4-213, 61-4-402, 61-4-501, 61-5-104,
  61-5-112, 61-5-119, 61-5-120, 61-5-232, 61-6-102, 61-6-302, 61-8-105, 61-8-303, 61-8-376, 61-8-803, 61-8-
  1001, 61-9-105, 61-9-204, 61-9-406, 61-9-407, 61-9-409, 61-9-414, 61-9-416, 61-9-417, 61-9-430, 61-9-432,
  61-9-437, 61-9-518, 61-10-102, 61-10-111, 61-10-124, 61-10-141, AND 61-11-101, MCA; REPEALING
  SECTIONS 61-9-513 AND 61-9-514, MCA.”
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  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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          NEW SECTION. Section 1.         Definitions. As used in this chapter, the following definitions apply:
          (1)      "Declared weight" means the total unladen weight of a vehicle plus the weight of the maximum
  load to be carried on the vehicle as stated by the registrant in the application for registration.
          (2) (a) "Specially constructed vehicle" means a motor vehicle, including a motorcycle, that:
          (i)      was not originally constructed under a distinctive make, model, or type by a generally
  recognized manufacturer of motor vehicles;
          (ii)     has been structurally modified so that it does not have the same appearance as similar
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                                          Unofficial Draft Copy - To Legal Review
****                                                As of: 11/19/2024, 01:38:36
69th Legislature 2025                               Drafter: Joseph Carroll, ****                                  LC 0170
  vehicles from a generally recognized manufacturer of motor vehicles;
             (iii)   has been constructed or assembled entirely from custom-built parts and materials not obtained
  from other vehicles;
             (iv)    has been constructed or assembled by using major component parts from one or more
  manufactured vehicles and that cannot be identified as a specific make or model; or
             (v)     has been constructed by the use of a kit that cannot be visually identified as a specific make or
  model.
             (b)     The term does not include a motor vehicle that has been repaired or restored to its original
  design by replacing parts.
             (3)     "Transaction summary receipt" means an electronic record produced and issued by the
  department, its authorized agent, or a county treasurer for which a paper receipt is issued. The record may be
  created by the department and transmitted to the owner of a vehicle, a secured party, or a lienholder. The
  record must contain a unique transaction record number and summarize and verify the electronic filing of the
  transaction described in the receipt on the electronic record of title maintained under 61-3-101.
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             Section 2. Section 23-2-502, MCA, is amended to read:
             "23-2-502.   Definitions. As used in this part, unless the context clearly requires a different meaning,
  the following definitions apply:
             (1)     "Certificate of number" means the certificate issued by the department of justice, an authorized
  agent, as defined in 61-1-101, or a county treasurer to the owner of a motorboat or sailboat, assigning the
  motorboat or sailboat an identifying number and containing other information as required by the department of
  justice.
             (2)     "Department" means the department of fish, wildlife, and parks of the state of Montana.
             (3)     "Documented vessel" means a vessel that has and is required to have a valid marine document
  as a vessel of the United States.
             (4)     "Identifying number" means the boat number set forth in the certificate of number and properly
  displayed on the motorboat or sailboat.
             (5)     "Lienholder" means a person holding a security interest.
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69th Legislature 2025                              Drafter: Joseph Carroll, ****                                    LC 0170
            (6)    "Manufacturer" means a person engaged in the business of manufacturing or importing new
  and unused vessels or new and unused outboard motors for the purpose of sale or trade.
            (7)    (a) "Motorboat" means a vessel, including a personal watercraft or pontoon, propelled by any
  machinery, motor, or engine of any description, whether or not the machinery, motor, or engine is the principal
  source of propulsion. The term includes boats temporarily equipped with detachable motors or engines.
            (b)    The term does not include a vessel that has a valid marine document issued by the U.S. coast
  guard or any successor federal agency.
            (8)    "Operate" means to navigate or otherwise use a motorboat or a vessel.
            (9)    "Operator" means the person who navigates, drives, or is otherwise in immediate control of a
  motorboat or vessel.
            (10)   (a) "Owner" means a person, other than a lienholder, having the property in or title to a
  motorboat or vessel. The term includes a person entitled to the use or possession of a motorboat or vessel
  subject to an interest in another person, reserved or created by an agreement securing payment or
  performance of an obligation.
            (b)    The term does not include a lessee under a lease not intended as security.
            (11)   "Passenger" means each person carried on board a vessel other than:
            (a)    the owner or the owner's representative;
            (b)    the operator;
            (c)    bona fide members of the crew engaged in the business of the vessel who have not
  contributed any consideration for their carriage and who are paid for their services; or
            (d)    a guest on board a vessel that is being used exclusively for pleasure purposes who has not
  contributed any consideration, directly or indirectly, for the guest's carriage.
            (12)   "Person" means an individual, partnership, firm, corporation, association, or other entity.
            (13)   "Personal watercraft" means a vessel that uses an outboard motor or an inboard engine
  powering a water jet pump as its primary source of propulsion and that is designed to be operated by a person
  sitting, standing, or kneeling on the vessel rather than by the conventional method of sitting or standing in the
  vessel.
            (14)   "Registration decal" means an adhesive sticker produced by the department of justice and
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****                                               As of: 11/19/2024, 01:38:36
69th Legislature 2025                              Drafter: Joseph Carroll, ****                                   LC 0170
  issued by the department of justice, an authorized agent as defined in 61-1-101, or a county treasurer to the
  owner of a motorboat, sailboat, or personal watercraft as proof of payment of fees imposed on the motorboat,
  sailboat, or personal watercraft for the registration period indicated on the decal as recorded by the department
  of justice under 61-3-101.
           (15)    (a) "Sailboat" means a vessel that uses a sail and wind as its primary source of propulsion.
           (b)     The term does not include a canoe or kayak propelled by windhas the meaning provided in 61-
  1-101.
           (16)    "Security interest" means an interest that is reserved or created by an agreement that secures
  payment or performance of an obligation and is valid against third parties generally.
           (17)    "Uniform state waterway marking system" means one of two categories:
           (a)     a system of aids to navigation to supplement the federal system of marking in state waters;
           (b)     a system of regulatory markers to warn a vessel operator of dangers or to provide general
  information and directions.
           (18)    "Validation decal" means an adhesive sticker produced by the department and issued by the
  department or a county treasurer to the owner of a motorboat, sailboat, or personal watercraft verifying the
  identifying number assigned to the motorboat, sailboat, or personal watercraft and the name and address of the
  owner to meet requirements of the federal standard numbering system.
           (19)    "Vessel" means every description of watercraft, unless otherwise defined by the department,
  other than a seaplane on the water, used or capable of being used as a means of transportation on waterhas
  the meaning provided in 61-1-101.
           (20)    "Waters of this state" means any waters within the territorial limits of this state."
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           Section 3. Section 61-1-101, MCA, is amended to read:
           "61-1-101.   Definitions. As used in this title, unless the context indicates otherwise, the following
  definitions apply:
           (1)     (a) "Authorized agent" means a person who has executed a written agreement with the
  department and is specifically authorized by the department to electronically access and update the
  department's motor vehicle titling, registration, or driver records, using an approved automated interface, for
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                                       Unofficial Draft Copy - To Legal Review
****                                               As of: 11/19/2024, 01:38:36
69th Legislature 2025                              Drafter: Joseph Carroll, ****                                     LC 0170
  specific functions or purposes on behalf of a third party.
          (b)      For purposes of this subsection (1), "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.
          (2)      "Authorized agent agreement" means the written agreement executed between an authorized
  agent and the department that sets the technical and operational program standards, compliance criteria,
  payment options, and service expectations by which the authorized agent is required to operate in performing
  specific motor vehicle or driver-related record functions.
          (3)      "Autocycle" means a three-wheeled motorcycle that is equipped with safety belts, roll bars or
  roll hoops, a steering wheel, and seating that does not require the operator to straddle or sit astride it.
          (4)      "Bus" means a motor vehicle designed for carrying more than 10 passengers and used for the
  transportation of persons and any other motor vehicle, other than a taxicab, designed and used for the
  transportation of persons for compensation.
          (5)      (a) "Business entity" means a corporation, association, partnership, limited liability partnership,
  limited liability company, or other legal entity recognized under state law.
          (b)      The term does not include an individual.
          (6)      (a) "Camper" means a structure designed to be mounted in the cargo area of a truck or
  attached to an incomplete vehicle for the purpose of providing shelter for persons. The term includes but is not
  limited to a cab-over, half cab-over, noncab-over, telescopic, and telescopic cab-over.
          (b)      The term does not include a truck canopy cover or topper.
          (7)      "CDLIS driver record" means the electronic record of a person's commercial driver's license
  status and history stored as part of the commercial driver's license system established under 49 U.S.C. 31309.
          (8)      "Certificate of title" means the paper record issued by the department or by the appropriate
  agency of another jurisdiction that establishes a verifiable record of ownership between an identified person or
  persons and the motor vehicle specifically described in the record and that provides notice of a perfected
  security interest in the motor vehicle.
          (9)      "Commercial driver's license" means:
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                                          Unofficial Draft Copy - To Legal Review
****                                                  As of: 11/19/2024, 01:38:36
69th Legislature 2025                                 Drafter: Joseph Carroll, ****                                  LC 0170
            (a)        a driver's license issued under or granted by the laws of this state that authorizes a person to
  operate a class of commercial motor vehicle; or
            (b)        the privilege of a person to drive a commercial motor vehicle, whether or not the person holds a
  valid commercial driver's license.
            (10)       (a) "Commercial motor vehicle" means a motor vehicle or combination of motor vehicles used
  in commerce to transport passengers or property if the vehicle:
            (i)        has a gross combination weight rating or a gross combination weight of 26,001 pounds or
  more, whichever is greater, inclusive of a towed unit with a gross vehicle weight rating of more than 10,000
  pounds;
            (ii)       has a gross vehicle weight rating or a gross vehicle weight of 26,001 pounds or more,
  whichever is greater;
            (iii)      is designed to transport at least 16 passengers, including the driver;
            (iv)       is a school bus; or
            (v)        is of any size and is used in the transportation of hazardous materials.
            (b)        The following vehicles are not commercial motor vehicles:
            (i)        an authorized emergency vehicle:
            (A)        equipped with audible and visual signals as required under 61-9-401 and 61-9-402; and
            (B)        operated when responding to or returning from an emergency call or operated in another
  official capacity;
            (ii)       a vehicle:
            (A)        controlled and operated by a farmer, family member of the farmer, or person employed by the
  farmer;
            (B)        used to transport farm products, farm machinery, or farm supplies to or from the farm within
  Montana within 150 miles of the farm or, if there is a reciprocity agreement with a state adjoining Montana,
  within 150 miles of the farm, including any area within that perimeter that is in the adjoining state; and
            (C)        not used to transport goods for compensation or for hire; or
            (iii)      a vehicle operated for military purposes by active duty military personnel, a member of the
  military reserves, a member of the national guard on active duty, including personnel on full-time national guard
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69th Legislature 2025                              Drafter: Joseph Carroll, ****                                  LC 0170
  duty, personnel in part-time national guard training, and national guard military technicians, or active duty
  United States coast guard personnel.
          (c)      For purposes of this subsection (10):
          (i)      "farmer" means a person who operates a farm or who is directly involved in the cultivation of
  land or crops or the raising of livestock owned by or under the direct control of that person;
          (ii)     "gross combination weight rating" means the value specified by the manufacturer as the loaded
  weight of a combination or articulated vehicle;
          (iii)    "gross vehicle weight rating" means the value specified by the manufacturer as the loaded
  weight of a single vehicle; and
          (iv)     "school bus" has the meaning provided in 49 CFR 383.5.
          (11)     "Commission" means the state transportation commission.
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