Bill Summary – FastDemocracy

67th Legislature                                                                                                  HB 165.1
                                                   HOUSE BILL NO. 165
                                                  INTRODUCED BY ****
  3
   A BILL FOR AN ACT ENTITLED: “AN ACT REVISING VEHICLE REGISTRATION FEES TO REDUCE
   PROPERTY TAXES; INCREASING VEHICLE REGISTRATION FEES AND REQUIRING A COUNTY TO USE
   THE REVENUE TO PROVIDE A RESIDENTIAL PROPERTY EXEMPTION FOR COUNTY PROPERTY
   TAXES; AMENDING SECTIONS 61-3-321, 61-3-562, AND 61-6-158, MCA; AND PROVIDING EFFECTIVE
   DATES AND AN APPLICABILITY DATE.”
  9
   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
 11
              NEW SECTION. Section 1. County residential property exemption. (1) The revenue collected
   from the fees provided for in 61-3-321(20)(b) and 61-3-562(1)(b) must be used by a county or consolidated city-
   county to replace county property taxes levied on residential property as provided in this section.
              (2) The county shall exempt a portion of residential property value from taxation as provided in this
   section. The exemption applies only to mills levied by the county or the consolidated city-county.
              (3) The county treasurer shall annually determine the exemption amount for residential property by:
              (a) subtracting from county property taxes expected to be levied on residential property the revenue
   collected in the previous fiscal year from the fees provided for in 61-3-321(20)(b) and 61-3-562(1)(b); and
              (b) calculating the percentage that when applied to the total residential property value in the county
   multiplied by the residential property tax rate and the county mill levy results in the amount determined under
   subsection (3)(a).
              (4) The county treasurer shall apply the exemption amount determined as provided in subsection (3)
   to the county mills levied on all residential property in the county.
 25
              Section 2. 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,
                                                                 -1-                     Authorized Print Version – HB 165
67th Legislature                                                                                                      HB 165.1
   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:
              (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.
                                                                        -2-                 Authorized Print Version – HB 165
67th Legislature                                                                                                     HB 165.1
              (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.
              (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.
                                                                  -3-                      Authorized Print Version – HB 165
67th Legislature                                                                                                   HB 165.1
              (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;
              (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 snowmobile 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).
                                                                    -4-                   Authorized Print Version – HB 165
67th Legislature                                                                                                        HB 165.1
              (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 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 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).
              (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
                                                                   -5-                      Authorized Print Version – HB 165
67th Legislature                                                                                                        HB 165.1
   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
              (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) (a) 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.
                                                                    -6-                      Authorized Print Version – HB 165
67th Legislature                                                                                                      HB 165.1
              (b) For each motor vehicle, snowmobile, motorboat, sailboat, trailer, semitrailer, and pole trailer
   subject to a registration fee under this section, an additional fee must be collected as provided in this
   subsection (20)(b). Beginning July 1, 2021, the fee is $50 and must be increased by $1 in each succeeding
   year. The county treasurer shall retain the additional fee and use it for residential property exemptions as
   provided in [section 1].
              (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