HOUSE BILL NO. 314
INTRODUCED BY D. GALLIK
A BILL FOR AN ACT ENTITLED: "AN ACT REQUIRING THAT A PERSON APPLYING FOR MOTOR VEHICLE REGISTRATION DISPLAY TO THE COUNTY TREASURER A VALID MONTANA DRIVER'S LICENSE AND PROOF OF INSURANCE; ESTABLISHING THE UNINSURED MOTORIST IDENTIFICATION PROGRAM; REQUIRING THE DEPARTMENT OF JUSTICE TO CONTRACT WITH A PRIVATE ENTITY TO OPERATE THE PROGRAM; DIRECTING THE DEPARTMENT OF JUSTICE TO MAKE RULES GOVERNING THE PROGRAM; PROHIBITING INFORMATION COLLECTED AS PART OF THE PROGRAM FROM BEING USED FOR ANY PURPOSE OTHER THAN WHAT IS NECESSARY FOR THE PROGRAM; AND AMENDING SECTIONS 61-3-303, 61-3-456, AND 61-3-535, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 61-3-303, MCA, is amended to read:
"61-3-303. Application for registration. (1) Each owner of a motor vehicle operated or driven upon the public highways of this state shall for each motor vehicle owned, except as otherwise provided in this section, file in the office of the county treasurer in the county where the owner permanently resides at the time of making the application or, if the vehicle is owned by a corporation or used primarily for commercial purposes, in the taxing jurisdiction of the county where the vehicle is permanently assigned an application for registration or reregistration on a form prescribed by the department. The application must contain:
(a) the name and address of the owner, giving the county, school district, and town or city within whose corporate limits the motor vehicle is taxable, if taxable, or within whose corporate limits the owner's residence is located if the motor vehicle is not taxable;
(b) the name and address of the holder of any security interest in the motor vehicle;
(c) a description of the motor vehicle, including make, year model, engine or serial number, manufacturer's model or letter, gross weight, declared weight on all trucks for which the manufacturer's rated capacity is 1 ton or less, and type of body and, if a truck, the manufacturer's rated capacity;
(d) the declared weight on all trailers operating intrastate, except travel trailers or trailers and semitrailers registered as provided in 61-3-711 through 61-3-733;
(e) a space in which the person registering the vehicle may indicate the person's desire to donate $1 or more to promote awareness and education efforts for procurement of organ and tissue donations for anatomical gifts; and
(f) other information that the department may require.
(2) A person who files an application for registration or reregistration of a motor vehicle shall upon filing the application present to the county treasurer:
(a) a valid Montana driver's license, as required in 61-5-102; and
(b) the currently valid insurance card that verifies that the person has obtained the insurance coverage that is required under 61-6-301 and that is required to be carried in the motor vehicle pursuant to 61-6-302, a certificate of self-insurance issued under 61-6-143, or proof that the person has posted an indemnity bond with the department under 61-6-301.
(2)(3) A person who files an application for registration or reregistration of a motor vehicle, except of a mobile home or
a manufactured home as those terms are defined in 15-1-101(1), shall upon the filing of the application pay to the county
treasurer:
(a) the registration fee, as provided in 61-3-311 and 61-3-321 or 61-3-456;
(b) except as provided in 61-3-456 or unless it has been previously paid, the motor vehicle fees in lieu of tax or registration fees under 61-3-560 through 61-3-562 imposed against the vehicle for the current year of registration and the immediately previous year; and
(c) a donation of $1 or more if the person has indicated on the application 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.
(3)(4) The application may not be accepted by the county treasurer unless the payments required by subsection (2) (3)
accompany the application. Except as provided in 61-3-560 through 61-3-562, the department may not assess or impose
and the county treasurer may not collect taxes or fees for a period other than:
(a) the current year; and
(b) the immediately previous year if the vehicle was not registered or operated on the highways of the state, regardless of the period of time since the vehicle was previously registered or operated.
(4)(5) The department may make full and complete investigation of the status of the vehicle. An applicant for
registration or reregistration shall submit proof from appropriate records of the proper county at the request of the
department.
(5)(6) Revenue that accrues from the voluntary donation provided in subsection (2)(c) (3)(c) must be forwarded by the
respective county treasurer 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."
Section 2. Section 61-3-456, MCA, is amended to read:
"61-3-456. Registration of motor vehicle owned and operated by Montana resident on active military duty stationed outside Montana. (1) As an incentive for military service, an owner of a motor vehicle who is a Montana resident who entered active military duty from Montana and who is stationed outside Montana may file with the department an application for the registration of the motor vehicle. The application must be sworn to before an officer authorized to administer oaths. The application must state:
(a) the name and address of the owner;
(b) the make, the gross weight, the year and number of the model, and the manufacturer's identification number and serial number of the motor vehicle; and
(c) that the vehicle is owned and operated by a Montana resident who meets the qualifications of subsection (1) and is on active military duty and stationed outside Montana.
(2) The registration fee for a motor vehicle registered under subsection (1) is as provided in 61-3-311 and 61-3-321.
(3) A vehicle registered under this section is not subject to:
(a) the taxes described in 61-3-303(2)(b);
(b) assessment under 15-8-202 or 61-3-503, the fee in lieu of tax under 61-3-529, or the registration fee under 61-3-560 through 61-3-562; or
(c) any of the fees provided in part 5 of this chapter.
(4) An applicant for registration under this section shall enclose with the application to the department a legible photocopy of the applicant's currently valid:
(a) driver's license; and
(b) insurance card that verifies that the person has obtained the insurance coverage that is required under 61-6-301 and that is required to be carried in the motor vehicle pursuant to 61-6-302, a certificate of self-insurance issued under 61-6-143, or proof that the person has posted an indemnity bond with the department under 61-6-301."
Section 3. Section 61-3-535, MCA, is amended to read:
"61-3-535. Vehicle reregistration by mail -- reminder notice and reregistration notice by mail. (1) The department may allow the owner of a motor vehicle to renew the registration of a vehicle by mail when the value, age, length, weight, or other criteria used to determine the tax or fee for a particular type of vehicle is available to the department by electronic means.
(2) Any mail reregistration procedure developed by the department must:
(a) include a procedure to facilitate automated handling of mail reregistration or recertification; and must
(b) provide for a written reminder notice by mail to a vehicle owner of the requirement to reregister the owner's vehicle with the county treasurer or to apply for the annual camper decal; and
(c) include reasonable procedures for complying with 61-6-303.
(3) The department shall adopt rules to implement the mail reregistration and decal application procedure."
NEW SECTION. Section 4. Uninsured motorist identification program -- rulemaking. (1) There is an uninsured motorist identification program to be administered by the department.
(2) The purpose of the program is to:
(a) verify motor vehicle owners' compliance with the provisions of 61-6-301;
(b) reduce the number of uninsured motor vehicles being operated in the state; and
(c) maximize motor vehicle owners' compliance with motor vehicle registration provisions.
(3) When an insurance carrier cancels a motor vehicle liability insurance policy for the reasons provided in 33-23-211, receives notification from an owner that the owner intends to cancel a motor vehicle liability insurance policy, or determines that the owner has not renewed the policy with the carrier, the insurance carrier shall notify the department.
(4) Upon notification of a cancellation or nonrenewal, the department shall notify the owner that the owner has 10 days to provide proof of compliance with 61-6-301 or proof of exemption from the requirements of 61-6-301.
(5) If the owner fails to comply with the requirements in subsection (4), the department shall:
(a) revoke the owner's registration;
(b) notify the appropriate law enforcement agencies of the revocation; and
(c) provide to the owner:
(i) notice of the revocation;
(ii) information about the legal consequences of operating an unregistered, uninsured vehicle; and
(iii) instructions on how to reinstate legal registration.
(6) The department shall:
(a) contract with a private entity to establish and maintain an uninsured motorist database that records motor vehicle registration and tracks notices from insurance carriers of cancellations and nonrenewals and to perform any of the other duties assigned to the department under this section that the department determines appropriate; and
(b) make rules and develop procedures governing:
(i) establishment and maintenance of the database;
(ii) the kind of information to be contained in the database and the kind of information that may be released;
(iii) notification to appropriate law enforcement agencies upon revocation of an owner's registration;
(iv) the method by which an owner will be notified that the owner's registration will be revoked;
(v) what constitutes acceptable proof of compliance with 61-6-301; and
(vi) any other duty required under this section.
(7) Information contained in the database may not be disclosed for any purpose other than what is necessary to carry out the provisions of this section.
NEW SECTION. Section 5. Codification instruction. [Section 4] is intended to be codified as an integral part of Title 61, chapter 6, part 3, and the provisions of Title 61, chapter 6, part 3, apply to [section 4].
- END -
Latest Version of HB 314 (HB0314.01)
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