Revise motor vehicle registration fees

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1 SENATE BILL NO. 327
2 INTRODUCED BY G. HERTZ
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT REVISING REGISTRATION FEES FOR VEHICLES; AND
5 AMENDING SECTIONS 15-1-121, 15-1-122, 61-3-321, AND 61-3-562, MCA.”
6
7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
8
9SECTION 1. SECTION 15-1-121, MCA, IS AMENDED TO READ:
10 "15-1-121. Entitlement share payment -- purpose -- appropriation. (1) As described in 15-1-
11 120(3), each local government is entitled to an annual amount that is the replacement for revenue received by
12 local governments for diminishment of property tax base and various earmarked fees and other revenue that,
13 pursuant to Chapter 574, Laws of 2001, amended by section 4, Chapter 13, Special Laws of August 2002, and
14 later enactments, were consolidated to provide aggregation of certain reimbursements, fees, tax collections,
15 and other revenue in the state treasury with each local government's share. The reimbursement under this
16 section is provided by direct payment from the state treasury rather than the ad hoc system that offset certain
17 state payments with local government collections due the state and reimbursements made by percentage splits,
18 with a local government remitting a portion of collections to the state, retaining a portion, and in some cases
19 sending a portion to other local governments.
20 (2) The sources of dedicated revenue that were relinquished by local governments in exchange for
21 an entitlement share of the state general fund were:
22 (a) personal property tax reimbursements pursuant to sections 167(1) through (5) and 169(6),
23 Chapter 584, Laws of 1999;
24 (b) vehicle, boat, and aircraft taxes and fees pursuant to:
25 (i) Title 23, chapter 2, part 5;
26 (ii) Title 23, chapter 2, part 6;
27 (iii) Title 23, chapter 2, part 8;
28 (iv) 61-3-317;
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1 (v) 61-3-321;
2 (vi) Title 61, chapter 3, part 5, except for 61-3-509(3), as that subsection read prior to the
3 amendment of 61-3-509 in 2001;
4 (vii) Title 61, chapter 3, part 7;
5 (viii) 5% of the fees collected under 61-10-122;
6 (ix) 61-10-130;
7 (x) 61-10-148; and
8 (xi) 67-3-205;
9 (c) gaming revenue pursuant to Title 23, chapter 5, part 6, except for the permit fee in 23-5-
10 612(2)(a);
11 (d) district court fees pursuant to:
12 (i) 25-1-201, except those fees in 25-1-201(1)(d), (1)(g), and (1)(j);
13 (ii) 25-1-202;
14 (iii) 25-9-506; and
15 (iv) 27-9-103;
16 (e) certificate of title fees for manufactured homes pursuant to 15-1-116;
17 (f) financial institution taxes collected pursuant to the former provisions of Title 15, chapter 31, part
18 7;
19 (g) all beer, liquor, and wine taxes pursuant to:
20 (i) 16-1-404;
21 (ii) 16-1-406; and
22 (iii) 16-1-411;
23 (h) late filing fees pursuant to 61-3-220;
24 (i) title and registration fees pursuant to 61-3-203;
25 (j) veterans' cemetery license plate fees pursuant to 61-3-459;
26 (k) county personalized license plate fees pursuant to 61-3-406;
27 (l) special mobile equipment fees pursuant to 61-3-431;
28 (m) single movement permit fees pursuant to 61-4-310;
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1 (n) state aeronautics fees pursuant to 67-3-101; and
2 (o) department of natural resources and conservation payments in lieu of taxes pursuant to former
3 Title 77, chapter 1, part 5.
4 (3) Except as provided in subsection (7)(b), the total amount received by each local government in
5 the prior fiscal year as an entitlement share payment under this section is the base component for the
6 subsequent fiscal year distribution, and in each subsequent year the prior year entitlement share payment,
7 including any reimbursement payments received pursuant to subsection (7), is each local government's base
8 component. The sum of all local governments' base components is the fiscal year entitlement share pool.
9 (4) (a) Except as provided in subsections (4)(b)(iv) and (7)(b), the base entitlement share pool
10 must be increased annually by an entitlement share growth rate as provided for in this subsection (4). The
11 amount determined through the application of annual growth rates is the entitlement share pool for each fiscal
12 year.
13 (b) By October 1 of each year, the department shall calculate the growth rate of the entitlement
14 share pool for the next fiscal year in the following manner:
15 (i) The department shall calculate the entitlement share growth rate based on the ratio of two
16 factors of state revenue sources for the first, second, and third most recently completed fiscal years as
17 recorded on the statewide accounting, budgeting, and human resource system. The first factor is the sum of the
18 revenue for the first and second previous completed fiscal years received from the sources referred to in
19 subsections (2)(b), (2)(c), and (2)(g) divided by the sum of the revenue for the second and third previous
20 completed fiscal years received from the same sources multiplied by 0.75. The second factor is the sum of the
21 revenue for the first and second previous completed fiscal years received from individual income tax as
22 provided in Title 15, chapter 30, and corporate income tax as provided in Title 15, chapter 31, divided by the
23 sum of the revenue for the second and third previous completed fiscal years received from the same sources
24 multiplied by 0.25.
25 (ii) Except as provided in subsections (4)(b)(iii) and (4)(b)(iv), the entitlement share growth rate is
26 the lesser of:
27 (A) the sum of the first factor plus the second factor; or
28 (B) 1.03 for counties, 1.0325 for consolidated local governments, and 1.035 for cities and towns.
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1 (iii) In no instance can the entitlement growth factor be less than 1. Subject to subsection (4)(b)(iv),
2 the entitlement share growth rate is applied to the most recently completed fiscal year entitlement payment to
3 determine the subsequent fiscal year payment.
4 (iv) The entitlement share growth rate, as described in this subsection (4), is:
5 (A) for fiscal year 2018, 1.005 years 2028, 2029, and 2030, a minimum of 1.024; and
6 (B) for fiscal year 2019, 1.0187;
7 (C) (B) for fiscal year 2020 2031 and thereafter, determined as provided in subsection (4)(b)(ii). The
8 rate must be applied to the entitlement payment for the previous fiscal year as if the payment had been
9 calculated using entitlement share growth rates for fiscal years 2018 and 2019 as provided in subsection
10 (4)(b)(ii).
11 (5) As used in this section, "local government" means a county, a consolidated local government,
12 an incorporated city, and an incorporated town. A local government does not include a tax increment financing
13 district provided for in subsection (8). The county or consolidated local government is responsible for making an
14 allocation from the county's or consolidated local government's share of the entitlement share pool to each
15 special district within the county or consolidated local government in a manner that reasonably reflects each
16 special district's loss of revenue sources for which reimbursement is provided in this section. The allocation for
17 each special district that existed in 2002 must be based on the relative proportion of the loss of revenue in
18 2002.
19 (6) (a) The entitlement share pools calculated in this section, the amounts distributed under 15-1-
20 123(4) for local governments, the funding provided for in subsection (8) of this section, and the amounts
21 distributed under 15-1-123(5) for tax increment financing districts are statutorily appropriated, as provided in 17-
22 7-502, from the general fund to the department for distribution to local governments.
23 (b) (i) The growth amount is the difference between the entitlement share pool in the current fiscal
24 year and the entitlement share pool in the previous fiscal year. The growth factor in the entitlement share must
25 be calculated separately for:
26 (A) counties;
27 (B) consolidated local governments; and
28 (C) incorporated cities and towns.
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1 (ii) In each fiscal year, the growth amount for counties must be allocated as follows:
2 (A) 50% of the growth amount must be allocated based upon each county's percentage of the prior
3 fiscal year entitlement share pool for all counties; and
4 (B) 50% of the growth amount must be allocated based upon the percentage that each county's
5 population bears to the state population not residing within consolidated local governments as determined by
6 the latest interim year population estimates from the Montana department of commerce as supplied by the
7 United States bureau of the census.
8 (iii) In each fiscal year, the growth amount for consolidated local governments must be allocated as
9 follows:
10 (A) 50% of the growth amount must be allocated based upon each consolidated local
11 government's percentage of the prior fiscal year entitlement share pool for all consolidated local governments;
12 and
13 (B) 50% of the growth amount must be allocated based upon the percentage that each
14 consolidated local government's population bears to the state's total population residing within consolidated
15 local governments as determined by the latest interim year population estimates from the Montana department
16 of commerce as supplied by the United States bureau of the census.
17 (iv) In each fiscal year, the growth amount for incorporated cities and towns must be allocated as
18 follows:
19 (A) 50% of the growth amount must be allocated based upon each incorporated city's or town's
20 percentage of the prior fiscal year entitlement share pool for all incorporated cities and towns; and
21 (B) 50% of the growth amount must be allocated based upon the percentage that each city's or
22 town's population bears to the state's total population residing within incorporated cities and towns as
23 determined by the latest interim year population estimates from the Montana department of commerce as
24 supplied by the United States bureau of the census.
25 (v) In each fiscal year, the amount of the entitlement share pool before the growth amount or
26 adjustments made under subsection (7) are applied is to be distributed to each local government in the same
27 manner as the entitlement share pool was distributed in the prior fiscal year.
28 (7) (a) If the legislature enacts a reimbursement provision that is to be distributed pursuant to this
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1 section, the department shall determine the reimbursement amount as provided in the enactment and add the
2 appropriate amount to the entitlement share distribution under this section. The total entitlement share
3 distributions in a fiscal year, including distributions made pursuant to this subsection, equal the local fiscal year
4 entitlement share pool. The ratio of each local government's distribution from the entitlement share pool must
5 be recomputed to determine each local government's ratio to be used in the subsequent year's distribution
6 determination under subsections (6)(b)(ii)(A), (6)(b)(iii)(A), and (6)(b)(iv)(A).
7 (b) For fiscal year 2018 and thereafter, the growth rate provided for in subsection (4) does not
8 apply to the portion of the entitlement share pool attributable to the reimbursement provided for in 15-1-123(1)
9 and (2). The department shall calculate the portion of the entitlement share pool attributable to the
10 reimbursement in 15-1-123(1) and (2), including the application of the growth rate in previous fiscal years, for
11 counties, consolidated local governments, and cities and, for fiscal year 2018 and thereafter, apply the growth
12 rate for that portion of the entitlement share pool as provided in 15-1-123(3).
13 (c) The growth amount resulting from the application of the growth rate in 15-1-123(3) must be
14 allocated as provided in subsections (6)(b)(ii)(A), (6)(b)(iii)(A), and (6)(b)(iv)(A) of this section.
15 (8) (a) Except for a tax increment financing district entitled to a reimbursement under 15-1-123(5),
16 if a tax increment financing district was not in existence during the fiscal year ending June 30, 2000, then the
17 tax increment financing district is not entitled to any funding. If a tax increment financing district referred to in
18 subsection (8)(b) terminates, then the funding for the district provided for in subsection (8)(b) terminates.
19 (b) One-half of the payments provided for in this subsection (8)(b) must be made by November 30
20 and the other half by May 31 of each year. Subject to subsection (8)(a), the entitlement share for tax increment
21 financing districts is as follows:
Flathead Kalispell - District 2 $4,638
Flathead Kalispell - District 3 37,231
Flathead Whitefish District 148,194
Gallatin Bozeman - downtown 31,158
Missoula Missoula - 1-1C 225,251
Missoula Missoula - 4-1C 30,009
22 (9) The estimated fiscal year entitlement share pool and any subsequent entitlement share pool for
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1 local governments do not include revenue received from tax increment financing districts.
2 (10) When there has been an underpayment of a local government's share of the entitlement share
3 pool, the department shall distribute the difference between the underpayment and the correct amount of the
4 entitlement share. When there has been an overpayment of a local government's entitlement share, the local
5 government shall remit the overpaid amount to the department.
6 (11) A local government may appeal the department's estimation of the base component, the
7 entitlement share growth rate, or a local government's allocation of the entitlement share pool, according to the
8 uniform dispute review procedure in 15-1-211.
9 (12) (a) Except as provided in 2-7-517, a payment required pursuant to this section may not be
10 offset by a debt owed to a state agency by a local government in accordance with Title 17, chapter 4, part 1.
11 (b) A payment required pursuant to this section must be withheld if a local government:
12 (i) fails to meet a deadline established in 2-7-503(1), 7-6-611(2), 7-6-4024(3), or 7-6-4036(1); and
13 (ii) fails to remit any amounts collected on behalf of the state as required by 15-1-504 or as
14 otherwise required by law within 45 days of the end of a month.
15 (c) A payment required pursuant to this section may be withheld if, for more than 90 days, a local
16 government fails to:
17 (i) file a financial report required by 15-1-504;
18 (ii) remit any amounts collected on behalf of the state as required by 15-1-504; or
19 (iii) remit any other amounts owed to the state or another taxing jurisdiction."
20
21SECTION 2. SECTION 15-1-122, MCA, IS AMENDED TO READ:
22 "15-1-122. Fund transfers. (1) There is transferred from the state general fund to the adoption
23 services account, provided for in 42-2-105, a base amount of $59,209, and the amount of the transfer must be
24 increased by 10% in each succeeding fiscal year.
25 (2) For each fiscal year, there is transferred from the state general fund to the accounts, entities, or
26 recipients indicated the following amounts:
27 (a) to the motor vehicle recycling and disposal program provided for in Title 75, chapter 10, part 5,
28 1.48% 3% of the motor vehicle revenue deposited in the state general fund in each fiscal year. The amount of
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1 9.48% of the allocation in each fiscal year must be used for the purpose of reimbursing the hired removal of
2 abandoned vehicles. Any portion of the allocation not used for abandoned vehicle removal reimbursement must
3 be used as provided in 75-10-532.
4 (b) to the noxious weed state special revenue account provided for in 80-7-816, 1.50% 3% of the
5 motor vehicle revenue deposited in the state general fund in each fiscal year;
6 (c) to the department of fish, wildlife, and parks:
7 (i) 0.46% of the motor vehicle revenue deposited in the state general fund, with the applicable
8 percentage to be:
9 (A) used to:
10 (I) acquire and maintain pumpout equipment and other boat facilities, 4.8% in each fiscal year;
11 (II) administer and enforce the provisions of Title 23, chapter 2, part 5, 19.1% in each fiscal year;
12 (III) enforce the provisions of 23-2-804, 11.1% in each fiscal year; and
13 (IV) develop and implement a comprehensive program and to plan appropriate off-highway vehicle
14 recreational use, 16.7% in each fiscal year; and
15 (B) deposited in the state special revenue fund established in 23-1-105 in an amount equal to
16 48.3% in each fiscal year;
17 (ii) 0.10% of the motor vehicle revenue deposited in the state general fund in each fiscal year, with
18 50% of the amount to be used for enforcing the purposes of Title 23, chapter 2, part 6, and 50% of the amount
19 designated for use in the development, maintenance, and operation of snowmobile facilities; and
20 (iii) 0.16% of the motor vehicle revenue deposited in the state general fund in each fiscal year to be
21 deposited in the motorboat account to be used as provided in 23-2-533;
22 (d) 0.81% 1.62% of the motor vehicle revenue deposited in the state general fund in each fiscal
23 year, with 24.55% to be deposited in the state veterans' cemetery account provided for in 10-2-603 and with
24 75.45% to be deposited in the veterans' services account provided for in 10-2-112(1); and
25 (e) to the search and rescue account provided for in 10-3-801, 0.04% 0.08% of the motor vehicle
26 revenue deposited in the state general fund in each fiscal year.
27 (3) In each fiscal year, the amount of:
28 (a) $300,000 is transferred from the state general fund to the livestock loss mitigation restricted
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1 state special revenue account provided for in 81-1-112; and
2 (b) $100,000 is transferred from the state general fund to the livestock loss reduction restricted
3 state special revenue account provided for in 81-1-113.
4 (4) For the purposes of this section, "motor vehicle revenue deposited in the state general fund"
5 means revenue received from:
6 (a) fees for issuing a motor vehicle title paid pursuant to 61-3-203;
7 (b) fees, fees in lieu of taxes, and taxes for vehicles, vessels, and snowmobiles registered or
8 reregistered pursuant to 61-3-321 and 61-3-562;
9 (c) GVW fees for vehicles registered for licensing pursuant to Title 61, chapter 3, part 3; and
10 (d) all money collected pursuant to 15-1-504(3).
11 (5) The amounts transferred from the general fund to the designated recipient must be
12 appropriated as state special revenue in the general appropriations act for the designated purposes."
13
14Section 3. Section 61-3-321, MCA, is amended to read:
15 "61-3-321. Registration fees of vehicles and vessels -- certain vehicles exempt from
16registration fees -- disposition of fees -- definition. (1) Except as otherwise provided in this section,
17 registration fees must be paid upon registration or, if applicable, renewal of registration of motor vehicles,
18 snowmobiles, watercraft, trailers, semitrailers, and pole trailers as provided in subsections (2) through (20).
19 (2) (a) Except as provided in subsection (2)(b), unless a light vehicle is permanently registered
20 under 61-3-562, the annual registration fee for light vehicles, trucks, and buses that weigh 1 ton or less and for
21 logging trucks that weigh 1 ton or less is as follows:
22 (i) if the vehicle is 4 or less years old, $217 $110;
23 (ii) if the vehicle is 5 through 10 years old, $87 $40; and
24 (iii) if the vehicle is 11 or more years old, $28 $20.
25 (b) For a light vehicle with a manufacturer's suggested retail price of more than $150,000 that is 10
26 years old or less, the annual registration fee is the amount provided for in subsection (2)(a) plus $825.
27 (3) (a) Except as provided in subsections (3)(b) and (15), the one-time registration fee based on
28 the declared weight of a trailer, semitrailer, or pole trailer is as follows: $75.
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1 (i) if the declared weight is less than 6,000 pounds, $61.25; or
2 (ii) if the declared weight is 6,000 pounds or more, $148.25.
3 (b) For a trailer, semitrailer, or pole trailer that is registered under 61-3-701, the annual registration
4 fee based on the declared weight is as follows: is $50.
5 (i) if the declared weight is less than 6,000 pounds, $30; or
6 (ii) if the declared weight is 6,000 pounds or more, $60.
7 (4) Except as provided in subsection (15), the one-time registration fee for motor vehicles owned
8 and operated solely as collector's items pursuant to 61-3-411, based on the weight of the vehicle, is as follows:
9 is $10.
10 (a) 2,850 pounds and over, $10; and
11 (b) under 2,850 pounds, $5.
12 (5) (a) Except as provided in subsections (5)(b) and (15), the one-time registration fee for off-
13 highway vehicles other than a quadricycle or motorcycle is $61.25 $45.
14 (b) Whenever a valid summer motorized recreation trail pass issued pursuant to 23-2-111 is
15 affixed to an off-highway vehicle other than a quadricycle or motorcycle, the one-time registration fee is $41.25
16 $45.
17 (6) The annual registration fee for heavy trucks, buses, and logging trucks in excess of 1 ton is
18 $22.75 $45 $20.
19 (7) (a) Except as provided in subsection (7)(c), the annual registration fee for a motor home, based
20 on the age of the motor home, is as follows is:
21 (i) if less than 2 5 years old, $282.50 $200; and
22 (ii) 2 years old and less than 5 years old, $224.25;
23 (iii)(ii) if 5 years old and less than 8 years old, $132.50 or older, $100.; and
24 (iv) 8 years old and older, $97.50.
25 (b) The owner of a motor home that is 11 years old or older and that is subject to the registration
26 fee under this section may permanently register the motor home upon payment of:
27 (i) a one-time registration fee of $237.50 $175;
28 (ii) unless a new set of license plates is being issued, an insurance verification fee of $5, which
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1 must be deposited in the account established under 61-6-158;
2 (iii) if applicable, five times the renewal fees for personalized license plates under 61-3-406; and
3 (iv) if applicable, the donation fee for a generic specialty license plate under 61-3-480 or a
4 collegiate license plate under 61-3-465.
5 (c) For a motor home with a manufacturer's suggested retail price of more than $300,000 that is 10
6 years old or less, the annual registration fee is the amount provided in subsection (7)(a) plus $800.
7 (8) (a) (i) Except as provided in subsections (8)(b), (8)(c), and (15), the one-time registration fee for
8 motorcycles and quadricycles registered for use on the public highways is $53.25, the one-time registration fee
9 for motorcycles and quadricycles registered for off-highway use is $53.25, and the one-time registration fee for
10 motorcycles and quadricycles registered for both off-road use and for use on the public highways is $114.50 is
11 $45.
12 (ii) An additional fee of $16 must be collected for the registration of each motorcycle or quadricycle
13 as a safety fee, which must be deposited in the state motorcycle safety account provided for in 20-25-1002.
14 (b) (i) The annual registration fee for motorcycles and quadricycles registered for use on the public
15 highways under 61-3-701 is $44 $45.
16 (ii) The annual registration fee for motorcycles and quadricycles registered for off-highway use
17 under 61-3-701 is $44 $45.
18 (iii) The annual registration fee for motorcycles and quadricycles registered for both off-road use
19 and for use on the public highways under 61-3-701 is $88 $45.
20 (iv) An additional safety fee of $7 must be collected annually for each motorcycle or quadricycle
21 registered under 61-3-701. The safety fee must be deposited in the state motorcycle safety account provided
22 for in 20-25-1002.
23 (c) Whenever a valid summer motorized recreation trail pass issued pursuant to 23-2-111 is
24 affixed to a motorcycle or quadricycle, the one-time registration fee for motorcycles and quadricycles registered
25 for is $45.:
26 (i) use on the public highways is $33.25; and
27 (ii) both off-road use and for use on the public highways is $94.50.
28 (9) Except as provided in subsection (15), the one-time registration fee for travel trailers, based on
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1 the length of the travel trailer, is as follows: is $75.
2 (a) under 16 feet in length, $72; and
3 (b) 16 feet in length or longer, $152.
4 (10) Except as provided in subsection (15), the one-time registration fee for a motorboat, sailboat,
5 personal watercraft, or motorized pontoon required to be numbered under 23-2-512 is as follows:
6 (a) for a personal watercraft or a motorboat, sailboat, or motorized pontoon less than 16 feet in
7 length, $65.50 $45;
8 (b) for a motorboat, sailboat, or motorized pontoon at least 16 feet in length but less than 19 feet in
9 length, $125.50; and
10 (c) for a motorboat, sailboat, or motorized pontoon 19 feet in length or longer, $295.50 $250.
11 (11) (a) Except as provided in subsections (11)(b), (11)(c), and (15), the one-time registration fee for
12 a snowmobile is $60.50 $45.
13 (b) Whenever a valid winter trail pass issued pursuant to 23-2-636 is affixed to a snowmobile, the
14 one-time registration fee is $40.50.
15 (c) (i) A snowmobile that is licensed by a Montana business and is owned exclusively for the
16 purpose of daily rental to customers is assessed a permanent fee of $50.:
17 (A) a fee of $40.50 in the first year of registration; and
18 (B) if the business reregisters the snowmobile for a second year, a fee of $20.
19 (ii) If the business reregisters the snowmobile for a third year, the snowmobile must be
20 permanently registered and the business is assessed the registration fee imposed in subsection (11)(a).
21 (12) (a) The one-time registration fee for a low-speed electric vehicle is $25.
22 (b) The one-time registration fee for a golf cart that is owned by a person who has or is applying for
23 a low-speed restricted driver's license is $25.
24 (c) The one-time registration fee for golf carts authorized to operate on certain public streets and
25 highways pursuant to 61-8-391 is $25. Upon receipt of the fee, the department shall issue the owner a decal,
26 which must be displayed visibly on the golf cart.
27 (13) (a) Except as provided in subsection (13)(b), a fee of $12 must be collected when a new set of
28 standard license plates, a new single standard license plate, or a replacement set of special license plates
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1 required under 61-3-332 is issued. The fee imposed under this subsection (13)(a) does not apply when
2 previously issued license plates are transferred under 61-3-335. All registration fees imposed under this section
3 must be paid if the vehicle to which the plates are transferred is not currently registered.
4 (b) An additional fee of $16 must be collected if a vehicle owner elects to keep the same license
5 plate number from license plates issued before January 1, 2010, when replacement of those plates is required
6 under 61-3-332(3).
7 (c) The fees imposed in this subsection (13) must be deposited in the account established under
8 61-6-158, except that $2 of the fee imposed in subsection (13)(a) must be deposited in the state general fund.
9 (14) The provisions of this part with respect to the payment of registration fees do not apply to and
10 are not binding upon motor vehicles, trailers, semitrailers, snowmobiles, watercraft, or tractors owned or
11 controlled by the United States of America or any state, county, city, or special district, as defined in 18-8-202,
12 or to a vehicle or vessel that meets the description of property exempt from taxation under 15-6-201(1)(a),
13 (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-
14 3-520.
15 (15) Whenever ownership of a trailer, semitrailer, pole trailer, off-highway vehicle, motorcycle,
16 quadricycle, travel trailer, motor home, motorboat, sailboat, personal watercraft, motorized pontoon,
17 snowmobile, motor vehicle owned and operated solely as a collector's item pursuant to 61-3-411, or low-speed
18 electric vehicle is transferred, the new owner shall title and register the vehicle or vessel as required by this
19 chapter and pay the fees imposed under this section.
20 (16) A person eligible for a waiver under 61-3-460 is exempt from the fees required under this
21 section.
22 (17) Except as otherwise provided in this section, revenue collected under this section must be
23 deposited in the state general fund.
24 (18) The fees imposed by subsections (2) through (12) are not required to be paid by a dealer for
25 the enumerated vehicles or vessels that constitute inventory of the dealership.
26 (19) (a) Unless a person exercises the option in either subsection (19)(b) or (19)(c), an additional
27 fee of $9 must be collected for each light vehicle registered under this part. This fee must be accounted for and
28 transmitted separately from the registration fee. Of the $9 fee:
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1 (i) $6.74 must be deposited in the state special revenue account established in 23-1-105 and
2 used for state parks;
3 (ii) 50 cents must be deposited in an account in the state special revenue fund to the credit of the
4 department of fish, wildlife, and parks and used for fishing access sites;
5 (iii) $1.37 must be deposited in the trails and recreation facilities state special revenue account
6 established in 23-2-108; and
7 (iv) 39 cents must be deposited in the Montana heritage preservation and development account
8 established in 22-3-1004 and used for the operation of state-owned facilities at Virginia City and Nevada City.
9 (b) A person who registers a light vehicle may, at the time of annual registration, certify that the
10 person does not intend to use the vehicle to visit state parks and fishing access sites and may make a written
11 election not to pay the additional $9 fee provided for in subsection (19)(a). If a written election is made, the fee
12 may not be collected.
13 (c) (i) A person who registers one or more light vehicles may, at the time of annual registration,
14 certify that the person does not intend to use any of the vehicles to visit state parks and fishing access sites and
15 may make a written election not to pay the additional $9 fee provided for in subsection (19)(a). If a written
16 election is made, the fee may not be collected at any subsequent annual registration unless the person makes
17 the written election to pay the additional fee on one or more of the light vehicles.
18 (ii) The written election not to pay the additional fee on a light vehicle expires if the vehicle is
19 registered to a different person.
20 (20) For each light vehicle, trailer, semitrailer, pole trailer, heavy truck, motor home, motorcycle,
21 quadricycle, and travel trailer subject to a registration fee under this section, an additional fee of $10 must be
22 collected and forwarded to the state for deposit in the account established in 44-1-504.
23 (21) (a) If a person exercises the option in subsection (21)(b), an additional fee of $5 must be
24 collected for each light vehicle registered under this part. This fee must be accounted for and transmitted
25 separately from the registration fee. The fee must be deposited in an account in the state special revenue fund.
26 Funds in the account are statutorily appropriated, as provided in 17-7-502, to the department of transportation
27 and must be allocated as provided in 60-3-309.
28 (b) A person who registers one or more light vehicles may, at the time of annual registration, make
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1 a written or electronic election to pay the additional $5 fee provided for in subsection (21)(a).
2 (22) This section does not apply to a motor vehicle, trailer, semitrailer, or pole trailer that is
3 governed by 61-3-721.
4 (23) (a) The $800 and $825 amounts collected based on the manufacturer's suggested retail price
5 in subsections (2) and (7) are exempt from the provisions of 15-1-122 and must be deposited in the motor
6 vehicle division administration account established in 61-3-112.
7 (b) By August 15 of each year, beginning in the fiscal year beginning July 1, 2019, the department
8 of justice shall deposit into the general fund an amount equal to the fiscal yearend balance minus 25% of the
9 current fiscal year appropriation for the account established in 61-3-112.
10 (24) For the purposes of this section, "manufacturer's suggested retail price" means the price
11 suggested by a manufacturer for each given type, style, or model of a light vehicle or motor home produced and
12 first made available for retail sale by the manufacturer."
13
14Section 4. Section 61-3-562, MCA, is amended to read:
15 "61-3-562. Permanent registration -- transfer of light vehicle ownership -- rules. (1) (a) The
16 owner of a light vehicle 11 years old or older subject to the registration fee, as provided in 61-3-321(2), may
17 permanently register the light vehicle upon payment of an $87.50 a $75 registration fee, the applicable
18 registration and license fees under 61-3-412, if applicable, the administrative fee and the annual one-time-only
19 donation fee for a generic specialty license plate under 61-3-480 or collegiate license plates under 61-3-465,
20 the fee provided for in 61-3-573 for an electric vehicle or a plug-in hybrid electric vehicle, if applicable, and an
21 amount equal to five times the local option motor vehicle tax or flat fee on vehicles under 61-3-537 and, as
22 applicable, either:
23 (i) (A) the original fee and four times the renewal fee for personalized plates; or
24 (B) five times the renewal fees for personalized plates; or
25 (ii) if a new set of license plates is not being issued, an insurance verification fee of $5, which must
26 be deposited in the account established under 61-6-158.
27 (b) The following series of license plates may not be used for purposes of permanent registration
28 of a light vehicle:
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1 (i) Montana national guard license plates issued under 61-3-458(2)(b);
2 (ii) reserve armed forces license plates issued under 61-3-458(2)(c); and
3 (iii) amateur radio operator license plates issued under 61-3-422.
4 (2) In addition to the fees described in subsection (1), an owner of a truck with a manufacturer's
5 rated capacity of 1 ton or less that is permanently registered shall pay five times the applicable fees imposed
6 under 61-10-201.
7 (3) The owner of a motor vehicle that is permanently registered under this section is not subject to
8 additional registration fees or to other motor vehicle registration fees described in this section for as long as the
9 owner owns the vehicle.
10 (4) The county treasurer shall once each month remit to the state the amounts collected under this
11 section, other than the local option motor vehicle tax or flat fee and the fee collected pursuant to 61-3-573, for
12 the purposes of 61-3-321(2) and 61-10-201. The county treasurer shall retain the local option motor vehicle tax
13 or flat fee. The county treasurer or an authorized agent shall transmit the fee collected pursuant to 61-3-573 to
14 the state as provided in 15-1-504 for deposit to the credit of the department in the highway restricted account
15 provided for in 15-70-126.
16 (5) (a) The permanent registration of a light vehicle allowed by this section may not be transferred
17 to a new owner. If the light vehicle is transferred to a new owner, the department shall cancel the light vehicle's
18 permanent registration.
19 (b) Upon transfer of a light vehicle registered under this section to a new owner, the new owner
20 shall apply for a certificate of title under 61-3-201 and 61-3-216 and register the light vehicle under 61-3-303."
21 - END -