Bill Summary – FastDemocracy

67th Legislature                                                                                                           HB 272.1
                                                       HOUSE BILL NO. 272
        INTRODUCED BY M. STROMSWOLD, T. MCGILLVRAY, B. BEARD, S. BERGLEE, M. BINKLEY, L.
   BREWSTER, A. BUCKLEY, F. FLEMING, W. GALT, D. HARVEY, J. HINKLE, M. HOPKINS, C. KNUDSEN, R.
       KNUDSEN, B. MERCER, B. MITCHELL, T. MOORE, M. NOLAND, J. READ, A. REGIER, V. RICCI, K.
                    SEEKINS-CROWE, D. SKEES, D. TENENBAUM, J. TREBAS, B. USHER, K. ZOLNIKOV
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   A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING MOTOR VEHICLE LAWS; ALLOWING A
   PERSON TO REGISTER A VEHICLE FOR UP TO 5 YEARS; ESTABLISHING THAT FEES IN LIEU OF TAX
   OR REGISTRATION FEES ARE NONREFUNDABLE; ELIMINATING SCHEDULED REPLACEMENT OF
   LICENSE PLATES; AMENDING SECTIONS 61-3-303, 61-3-311, 61-3-312, 61-3-321, 61-3-332, AND 61-14-
   101, 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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              NEW SECTION. Section 1.           Advance payment. (1) Pursuant to 61-3-303, a person may register a
   vehicle for up to 5 years by paying the appropriate fees in lieu of tax or registration fees.
              (2)    Fees in lieu of tax or registration fees are nonrefundable.
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              Section 2. Section 61-3-303, MCA, is amended to read:
              "61-3-303.     Original registration -- process -- fees. (1) Except as provided in 61-3-324, a Montana
   resident who owns a motor vehicle, trailer, semitrailer, or pole trailer operated or driven upon the public
   highways of this state shall register the motor vehicle, trailer, semitrailer, or pole trailer in the county where the
   owner is domiciled. A nonresident who has an interest in real property in Montana may register in the county
   where the real property is located a motor vehicle, trailer, semitrailer, or pole trailer operated or driven upon the
   public highways of this state.
              (2)    Except as provided in subsection (3), the county treasurer or an authorized agent shall register
   any vehicle for which:
              (a)    as of the date that the motor vehicle, trailer, semitrailer, or pole trailer is to be registered, the
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   owner delivers an application for a certificate of title to the department, an authorized agent, or a county
   treasurer; or
              (b)   the county treasurer or an authorized agent confirms that the department has an electronic record
   of title for the motor vehicle, trailer, semitrailer, or pole trailer as provided under 61-3-101.
              (3)   (a) A county treasurer or an authorized agent may register a motor vehicle, trailer, semitrailer, or
   pole trailer for which a certificate of title and registration were issued in another jurisdiction and for which
   registration is required under 61-3-701 after the county treasurer or the authorized agent examines the current
   out-of-jurisdiction registration certificate or receipt and receives payment of the fees required in 61-3-701. The
   county treasurer or an authorized agent may ask the motor vehicle, trailer, semitrailer, or pole trailer owner to
   provide additional information, prescribed by the department, to ensure that the electronic record of registration
   maintained by the department is complete.
              (b)   A county treasurer or an authorized agent shall collect fees pursuant to 61-3-203 and 61-3-220(4)
   and issue a 90-day temporary registration permit pursuant to 61-3-224 for a motor vehicle, trailer, semitrailer,
   pole trailer, motorboat, sailboat that is 12 feet in length or longer, snowmobile, or off-highway vehicle for which
   the new owner cannot, due to circumstances beyond the new owner's control, surrender a previously assigned
   certificate of title. The new owner shall request the 90-day temporary registration permit from the authorized
   agent or county treasurer that originally issued the temporary registration permit.
              (4)   Upon registering a motor vehicle, trailer, semitrailer, or pole trailer for the first time in this state, the
   county treasurer or an authorized agent shall:
              (a)   update the electronic record of title, if any, maintained for the vehicle by the department under 61-
   3-101;
              (b)   assign a registration period for the vehicle under 61-3-311;
              (c)   determine the vehicle's age, if required, under 61-3-501;
              (d)   determine the amount of fees, including local option taxes or fees, to be paid under subsection (5);
   and
              (e)   assign and issue license plates for the vehicle under 61-3-331.
              (5)   Unless otherwise provided by law, a person registering a motor vehicle shall pay to the county
   treasurer or an authorized agent:
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              (a)   the fees in lieu of tax or registration fees, multiplied by the number of years the person is
   registering the vehicle for, as required for:
              (i)   a light vehicle under 61-3-321 or 61-3-562, in addition to, if applicable, any local option tax or fee
   under 61-3-537 or 61-3-570;
              (ii) a motor home under 61-3-321;
              (iii) a travel trailer under 61-3-321;
              (iv) a motorcycle or quadricycle under 61-3-321;
              (v)   a bus, a truck having a manufacturer's rated capacity of more than 1 ton, or a truck tractor under
   61-3-321 and 61-3-529; or
              (vi) a trailer under 61-3-321;
              (b)   a donation of $1 or more if the person indicates that the person wishes to donate to promote
   awareness and education efforts for procurement of organ and tissue donations in Montana to favorably impact
   anatomical gifts; and
              (c)   a donation of $1 or more if the person indicates that the person wishes to donate to promote
   education on, support for, and awareness of traumatic brain injury.
              (6)   The county treasurer or an authorized agent may not issue a registration receipt or license plates
   for the motor vehicle, trailer, semitrailer, or pole trailer to the owner unless the owner makes the payments
   required by subsection (5).
              (7)   The department may make full and complete investigation of the registration status of the motor
   vehicle, trailer, semitrailer, or pole trailer. A person seeking to register a motor vehicle, trailer, semitrailer, or
   pole trailer under this section shall provide additional information to support the registration to the department if
   requested.
              (8)   Revenue that accrues from the voluntary donation provided in subsection (5)(b) must be
   forwarded by the respective county treasurer or an authorized agent to the department for deposit in the state
   special revenue fund to the credit of an account established by the department of public health and human
   services to support activities related to awareness and education efforts for procurement of organ and tissue
   donations for anatomical gifts.
              (9)   (a) Except as provided in subsection (9)(b), the fees in lieu of tax, taxes, and fees imposed on or
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   collected from the registration of a travel trailer, motorcycle, or quadricycle or a trailer, semitrailer, or pole trailer
   that has a declared weight of less than 26,000 pounds are required to be paid only once during the time that the
   travel trailer, motorcycle, quadricycle, trailer, semitrailer, or pole trailer is owned by the same person who
   registered the travel trailer, motorcycle, quadricycle, trailer, semitrailer, or pole trailer. Once registered, a travel
   trailer, motorcycle, quadricycle, trailer, semitrailer, or pole trailer is registered permanently unless ownership is
   transferred or unless it was registered under 61-3-701.
              (b)   Whenever ownership of a travel trailer, motorcycle, quadricycle, trailer, semitrailer, or pole trailer is
   transferred, the new owner is required to register the travel trailer, motorcycle, quadricycle, trailer, semitrailer,
   or pole trailer as if it were being registered for the first time, including paying all of the required fees in lieu of
   tax, taxes, and fees.
              (10) Revenue that accrues from the voluntary donation provided in subsection (5)(c) must be
   forwarded by the respective county treasurer or an authorized agent to the department for deposit in the state
   special revenue fund to the credit of the account established in 2-15-2218 to support activities related to
   education regarding prevention of traumatic brain injury.
              (11) The department, an authorized agent of the department, or a county treasurer shall use the online
   motor vehicle liability insurance verification system provided in 61-6-157 to verify that the vehicle owner has
   complied with the requirements of 61-6-301."
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              Section 3. Section 61-3-311, MCA, is amended to read:
              "61-3-311.    Registration -- time periods. (1) Unless a motor vehicle, trailer, semitrailer, or pole trailer
   is subject to permanent registration under this title and except as provided in 61-3-313, 61-3-701, 61-3-721, and
   subsection (3) of this section, the department, an authorized agent, or a county treasurer shall, upon original
   registration of a motor vehicle in this state, assign each motor vehicle to a registration period, as provided in 61-
   3-316, based upon the calendar month in which the motor vehicle is first registered in this state and designate
   the calendar year in which the current registration will expire. A registration period may last between 1 and 5
   years at the election of the owner of the motor vehicle subject to registration.
              (2)   Each registration period commences on the first day of the calendar month in the calendar year in
   which the motor vehicle is registered and the motor vehicle's registration expires on the earlier of:
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              (a)   the last day of the month preceding the anniversary of the registration period for the year
   designated on the motor vehicle's registration decal if the motor vehicle is registered for a minimum 12-month
   period;
              (b)   the last day of the month preceding the anniversary of the registration period for the year
   designated on the motor vehicle's registration decal if the motor vehicle is registered for a period of at least 13
   but less than 25 months; or
              (c)   the transfer of ownership of the motor vehicle, trailer, semitrailer, or pole trailer to another person.
              (3)   (a) Upon request of the motor vehicle owner, a county treasurer or an authorized agent may
   assign a motor vehicle to a registration period, as provided in 61-3-316, other than a registration period
   beginning in the calendar month in which the motor vehicle is first registered in this state if at least 13 but less
   than 25 months will elapse between the first day of the calendar month in which the motor vehicle is registered
   and the last day of the month preceding the anniversary of the requested registration period in the year
   designated on the motor vehicle's registration decal.
              (b)   The county treasurer or an authorized agent shall determine fees imposed for a motor vehicle
   registered for a period between 13 and 24 months. All registration fees, fees in lieu of tax, or local option taxes
   or fees that are imposed on an annual basis must be prorated based on the number of months in the requested
   registration period.
              (c)   A motor vehicle registered under the provisions of 61-3-303(3)(b) may not be registered under this
   subsection (3).
              (4)   If a motor vehicle, trailer, semitrailer, or pole trailer is permanently registered under the provisions
   of this chapter, the registration is not subject to expiration unless the registered owner of the motor vehicle,
   trailer, semitrailer, or pole trailer transfers ownership of the vehicle to another person."
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              Section 4. Section 61-3-312, MCA, is amended to read:
              "61-3-312.    Renewal of registration -- exceptions -- grace period. (1) Except as provided in 61-3-
   313 and 61-3-721, the registration of a motor vehicle under this chapter must be renewed on or before the last
   day of the month of the motor vehicle's registration period following the expiration of the motor vehicle's
   registration.
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              (2)   A person may renew a motor vehicle's registration by submitting full payment for the fees or taxes
   required under 61-3-303 and 61-3-321(13) to the department, an authorized agent, or a county treasurer in any
   county of this state.
              (3)   The department, an authorized agent, or a county treasurer shall use the online motor vehicle
   liability insurance verification system provided in 61-6-157 to verify proof of compliance with 61-6-301.
              (4)   The registration period originally assigned under 61-3-311 must be retained and the duration of
   the renewed registration is determined in accordance with 61-3-311. A registration receipt is valid for the
   registration period for which it is issued.
              (5)   The owner of a motor vehicle subject to registration renewal under the provisions of this section is
   considered to have renewed the motor vehicle's registration in a timely manner if the owner submits full
   payment for the required fees or taxes, as prescribed in the mail renewal notice from the department, to the
   department, an authorized agent, or a county treasurer on or before the last day of the month of the motor
   vehicle's registration period in the year designated on the motor vehicle's registration decal.
              (6)   The department, an authorized agent, or a county treasurer may not renew the registration of a
   motor vehicle for which ownership has been transferred and that was originally registered without being titled
   under the provisions of 61-3-303(3)(b) unless:
              (a)   the previously issued certificate of title has been surrendered to the department, an authorized
   agent, or the county treasurer and the process for issuing a certificate of title has been completed; or
              (b)   the person to whom ownership of the motor vehicle has been transferred presents an affidavit and
   bond in support of the application for a certificate of title as permitted in 61-3-208."
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              Section 5. 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
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   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 po