2003 Montana Legislature

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HOUSE BILL NO. 444

INTRODUCED BY J. PATTISON

 

A BILL FOR AN ACT ENTITLED: "AN ACT SIMPLIFYING THE FEES IN LIEU OF TAX IMPOSED ON BOATS AND CERTAIN OTHER WATERCRAFT, SNOWMOBILES, OFF-HIGHWAY VEHICLES, TRAVEL TRAILERS AND CERTAIN OTHER TRAILERS, AND MOTORCYCLES AND QUADRICYCLES; CHANGING FROM ANNUAL TO ONE-TIME-ONLY THE REGISTRATION, LICENSING, AND IMPOSITION OF THE FEE IN LIEU OF TAX AND CERTAIN OTHER FEES PAYABLE ON CERTAIN BOATS AND OTHER WATERCRAFT, SNOWMOBILES, OFF-HIGHWAY VEHICLES, TRAVEL TRAILERS AND CERTAIN OTHER TRAILERS, AND MOTORCYCLES AND QUADRICYCLES; ELIMINATING THE FEE IN LIEU OF TAX ON CERTAIN WATERCRAFT; ELIMINATING THE REGISTRATION OF AND VARIOUS FEES PAYABLE ON CAMPERS; AMENDING SECTIONS 15-1-122, 15-16-202, 23-2-502, 23-2-510, 23-2-512, 23-2-515, 23-2-516, 23-2-517, 23-2-518, 23-2-519, 23-2-520, 23-2-601, 23-2-611, 23-2-612, 23-2-614, 23-2-616, 23-2-619, 23-2-626, 23-2-631, 23-2-634, 23-2-641, 23-2-642, 23-2-644, 23-2-803, 23-2-804, 23-2-807, 23-2-809, 23-2-817, 61-1-129, 61-3-303, 61-3-311, 61-3-312, 61-3-313, 61-3-317, 61-3-321, 61-3-332, 61-3-345, 61-3-347, 61-3-521, 61-3-523, 61-3-526, 61-3-527, 61-3-530, 61-3-560, AND 61-3-570, MCA, AND SECTION 24, CHAPTER 191, LAWS OF 2001; REPEALING SECTIONS 23-2-618, 23-2-620, 23-2-810, 61-3-519, 61-3-524, 61-3-525, AND 61-3-606, MCA; AND PROVIDING AN APPLICABILITY DATE."

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

 

     Section 1.  Section 15-1-122, MCA, is amended to read:

     "15-1-122.  Fund transfers. (1) There is transferred from the state general fund to the adoption services account, provided for in 42-2-105, $36,764 for fiscal year 2003. Beginning with fiscal year 2004, the amount of the transfer must be increased by 10% in each succeeding fiscal year.

     (2)  There is transferred from the state general fund to the department of transportation state special revenue nonrestricted account the following amounts:

     (a)  $75,000 in fiscal year 2003;

     (b)  $2,960,715 in fiscal year 2004; and

     (c)  in each succeeding fiscal year, the amount in subsection (2)(b), increased by 1.5% in each succeeding fiscal year.

     (3)  For fiscal year 2002 and for each succeeding fiscal year, there is transferred from the state general fund to the accounts, entities, or recipients indicated the following amounts:

     (a)  to the motor vehicle recycling and disposal program provided for in Title 75, chapter 10, part 5:

     (i)  $2 for each new application for a motor vehicle title and for each transfer of a motor vehicle title for which a fee is paid pursuant to 61-3-203; and

     (ii) $1 for each passenger car or truck under 8,001 pounds GVW registered for licensing pursuant to Title 61, chapter 3, part 3. Fifteen cents of each dollar must be used for the purpose of reimbursing the hired removal of abandoned vehicles during the calendar year following the calendar year in which the fee was paid. Any portion of the 15 cents not used for abandoned vehicle removal reimbursement during the calendar year following its payment must be used as provided in 75-10-532;

     (b)  to the noxious weed state special revenue account provided for in 80-7-816:

     (i)  $1 for each off-highway vehicle subject to payment of for which the fee in lieu of tax is paid, as provided for in 23-2-803; and

     (ii) $1.50 for each light vehicle, truck or bus weighing less than 1 ton, logging truck, vehicles weighing more than 1 ton, motorcycle, quadricycle, and motor home subject to registration registered or reregistration reregistered pursuant to 61-3-321;

     (c)  to the department of fish, wildlife, and parks:

     (i)  $2.50 for each motorboat, sailboat, or personal watercraft receiving a certificate of number under 23-2-512, with 20% of the amount received to be used to acquire and maintain pumpout equipment and other boat facilities;

     (ii) $5 for each snowmobile registered under 23-2-616, with $2.50 to be used for enforcing the purposes of 23-2-601 through 23-2-617, 23-2-619, or 23-2-621 through 23-2-644 and $2.50 designated for use in the development, maintenance, and operation of snowmobile facilities;

     (iii) $1 for each duplicate snowmobile decal issued under 23-2-617;

     (iv) $5 for each off-highway vehicle decal issued under 23-2-804 and each off-highway vehicle duplicate decal issued under 23-2-809, with 40% of the money used to enforce the provisions of 23-2-804 and 60% of the money used to develop and implement a comprehensive program and to plan appropriate off-highway vehicle recreational use;

     (v)  to the state special revenue fund established in 23-1-105, $3.50 for each recreational vehicle, camper, motor home, and travel trailer registered or reregistered and subject to the fee in 61-3-321 or 61-3-524; and

     (vi) an amount equal to 20% of the funds collected pursuant to 23-2-518 to be deposited in the motorboat account to be used as provided in 23-2-533;

     (d)  to the state veterans' cemetery account, provided for in 10-2-603, $10 for each veteran's license plate issued pursuant to 61-3-332(10)(a)(ii), (10)(f), and (10)(h);

     (e)  to the supplemental benefits for highway patrol officers' retirement account provided for in 19-6-709, 25 cents for each motor vehicle registered, other than:

     (i) trailers or semitrailers registered in other jurisdictions and registered through a proportional registration agreement; and

     (ii) vehicles included in 61-3-527 and 61-3-562; and

     (f)  25 cents a year for each vehicle subject to the fee in 61-3-321(6) for deposit in the state special revenue fund to the credit of the senior citizens and persons with disabilities transportation services account provided for in 7-14-112.

     (4)  For fiscal year 2002, there is transferred from the state general fund to the state special revenue fund to be used for purposes of state funding of district court expenses, as provided in 3-5-901, $5,742,983 in lieu of the amount deposited by the state treasurer under 61-3-509(3), as that subsection read prior to the amendment of 61-3-509 in 2001.

     (5)  For each fiscal year, beginning with fiscal year 2002, the department of justice shall provide to the department of revenue a count of the vehicles required for the calculations in subsection (3). Transfer amounts for fiscal year 2002 must be based on vehicle counts for calendar year 2000. Transfer amounts in each succeeding fiscal year must be based on vehicle counts in the most recent calendar year for which vehicle information is available.

     (6)  The amounts transferred from the general fund to the designated recipient must be appropriated as state special revenue in the general appropriations act for the designated purposes."

 

     Section 2.  Section 15-16-202, MCA, is amended to read:

     "15-16-202.  Boats, snowmobiles, and motor vehicles -- payment of current and back fees. (1) (a) The fee in lieu of personal property taxes assessed against a boat motorboat, sailboat, or personal watercraft described in 23-2-517(1)(a) or (1)(b) for the year in which application for decals is made and the immediately previous year must be paid before license decals may be issued pursuant to 23-2-515.

     (b) The fee in lieu of personal property taxes assessed against a motorboat or sailboat described in 23-2-517(1)(c) for the year in which application for decals is made and the immediately previous year must be paid before license decals may be issued pursuant to 23-2-515.

     (2)  The fee in lieu of tax imposed on a snowmobile for the year in which application for registration is made and the immediately previous year must be paid before a snowmobile may be registered pursuant to 23-2-616.

     (3)  (a) Except for mobile homes and manufactured homes as defined in 15-1-101 and except as provided in subsection (3)(b) of this section, the light vehicle registration fee or fee in lieu of tax imposed or assessed against a motor vehicle for the current year and the immediately previous year must be paid before a motor vehicle may be registered or reregistered pursuant to 61-3-303.

     (b) The vehicle registration fees or fee in lieu of tax imposed against a motor vehicle described in 61-3-303(6) must be paid before a motor vehicle may be registered pursuant to 61-3-303.

     (4)  The provisions of subsections (1)(b) through and (3)(a) do not require payment of the immediately previous year's fees if the fees have already been paid."

 

     Section 3.  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 annually by the county treasurer to the owner of a motorboat or by the department of justice to dealers or manufacturers, assigning such a motorboat an identifying number and containing such information as required by the department of justice.

     (2)  "Certificate of ownership" means a certificate issued by the department of justice identifying the owner of a motorboat or sailboat 12 feet in length or longer.

     (3)  "Dealer" means any person who engages in whole or in part in the business of buying, selling, or exchanging new and unused vessels or used vessels, or both, either outright or on conditional sale, bailment, lease, chattel mortgage, or otherwise, and who has an established place of business for sale, trade, and display of vessels. A yacht broker is a dealer.

     (4)  "Department" means the department of fish, wildlife, and parks of the state of Montana.

     (5)  "Documented vessel" means a vessel which that has and is required to have a valid marine document as a vessel of the United States.

     (6)  "Identifying number" means the boat number set forth in the certificate of number and properly displayed on the motorboat.

     (7)  "License decals" means the serially numbered license stickers issued annually by the county treasurer and displayed as required by law.

     (8)  "Lienholder" means a person holding a security interest.

     (9)  "Manufacturer" means any 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.

     (10) (a) "Motorboat" means any vessel, including a canoe, kayak, personal watercraft, rubber raft, or pontoon, propelled by any machinery, motor, or engine of any description, whether or not such the machinery, motor, or engine is the principal source of propulsion. The term includes boats temporarily equipped with detachable motors or engines. but

     (b) The term does not include a vessel which that has a valid marine document issued by the U.S. coast guard of the United States government or any federal agency successor thereto to the U.S. coast guard.

     (11) "Operate" means to navigate or otherwise use a motorboat or a vessel.

     (12) "Operator" means the person who navigates, drives, or is otherwise in immediate control of a motorboat or vessel.

     (13) (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,but the.

     (b) The term excludes a lessee under a lease not intended as security.

     (14) "Passenger" means every a person carried on board a vessel other than:

     (a)  the owner or his the owner's representative;

     (b)  the operator;

     (c)  bona fide members of the crew engaged in the business of the vessel who have contributed no consideration for their carriage and who are paid for their services; or

     (d)  any guest on board a vessel which that is being used exclusively for pleasure purposes who has not contributed any consideration, directly or indirectly, for his carriage.

     (15) "Person" means an individual, partnership, firm, corporation, association, or other entity.

     (16) "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.

     (17) (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 wind.

     (18) "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.

     (19) "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.

     (20) "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 water.

     (21) "Waters of this state" means any waters within the territorial limits of this state."

 

     Section 4.  Section 23-2-510, MCA, is amended to read:

     "23-2-510.  Transfer of interest. (1) Except as provided in subsection (3), upon a transfer of a certificate of ownership to a motorboat or sailboat 12 feet in length or longer registered as required under the provisions of this part, the person whose title or interest is to be transferred shall sign the certificate of ownership issued for the motorboat or sailboat in the appropriate space provided on the reverse side of the certificate, and the signature must be acknowledged before the county treasurer, a deputy county treasurer, or a notary public.

     (2)  Within 30 calendar days after endorsement, the transferee shall make application for transfer of the certificate of ownership with the county treasurer of the county in which the transferee resides and also make application for registration of the motorboat or sailboat. The county treasurer shall forward the application to the department of justice, which and the department of justice shall file the application upon receipt. A certificate of ownership may not be issued by the department of justice until any outstanding certificate is surrendered to the department or its loss is established to the department's reasonable satisfaction. The county treasurer shall collect a fee of $5 for each application for transfer of ownership, which must be forwarded and forward the fee to the department of justice for deposit in the state general fund.

     (3)  A purchaser of a new or used motorboat or sailboat 12 feet in length or longer from a licensed dealer has a grace period of 30 calendar days from the date of purchase to register the motorboat or sailboat, make application for a certificate of ownership, and obtain a decal indicating that the applicable fee in lieu of property tax, pursuant to 23-2-517, has been paid on the vessel for the current year. It is not a violation of this part or any other law for the purchaser to operate a newly acquired motorboat or sailboat 12 feet in length or longer without a certificate of ownership, certificate of registration, and decal during the 30-day grace period. During this period the sticker provided for in subsection (4) must remain affixed to the motorboat or sailboat.

     (4)  Prior to the delivery of a motorboat or sailboat 12 feet in length or longer to the purchaser, the dealer shall issue and affix to a motorboat or sailboat constructed after October 31, 1972, a sticker as prescribed by the department of justice. The sticker must contain the name and address of the purchaser, the date of sale, the name and address of the dealer, and a description of the motorboat or sailboat, including its serial number. The dealer shall keep a copy of the sticker for the dealer's records and shall send a copy of the sticker to the department of justice.

     (5)  A purchaser of a new or used motorboat or sailboat who is unable to record a transfer of ownership with the county treasurer at the time of making an application for registration of the motorboat or sailboat because the certificate of ownership is lost, in the possession of third parties, or in the process of reissuance in this state or elsewhere may, upon making affidavit to that effect upon a form prescribed by the department of justice and upon the payment of the applicable fee in lieu of tax plus a fee of $2 to be collected by the county treasurer and remitted to the department of justice for deposit in the general fund, obtain from the county treasurer of the county in which the boat is to be registered a temporary boat sticker of a size, color, and design as the department of justice may prescribe, to be validated by the county treasurer for a period of 60 days from the date of issuance. The purchaser, upon displaying the sticker conspicuously on the motorboat or sailboat, may operate the motorboat or sailboat during the period for which the boat sticker has been validated without displaying the numbers and license decal for the current year. The county treasurer may not sell, and a person may not purchase, more than one 60-day temporary boat sticker for any motorboat or sailboat, the ownership of which has not changed since the issuance of the previous 60-day boat sticker.

     (6)  The provisions of subsection (2) do not apply in the event of if the transfer of a motorboat or sailboat 12 feet in length or longer is to a licensed dealer intending who intends to resell the motorboat or sailboat and who operates it only for demonstration purposes, but a dealer, upon transferring the dealer's interest, shall deliver the certificate of ownership with an application for a new certificate executed by the new owner in accordance with the provisions of this part. The department of justice, upon receipt of the certificate of ownership and application for a new certificate containing notice of a security interest, if any, shall issue a new certificate of ownership, together with a statement of any conditional sales contract, mortgage, or other lien.

     (7)  When the names and addresses of more than one owner who are members of the same immediate family are listed on the certificate of ownership, joint ownership with right of survivorship, and not as tenants in common, is presumed.

     (8)  The provisions of 61-3-201(3) through (7) that apply to motor vehicles also apply to any certificate of ownership transferred under this section."

 

     Section 5.  Section 23-2-512, MCA, is amended to read:

     "23-2-512.  Identification number. (1) The owner of each motorboat, sailboat, or personal watercraft requiring numbering by this state shall file an application for number in the office of the county treasurer in the county where the motorboat, sailboat, or personal watercraft is owned, on forms prepared and furnished by the department of justice. The application must be signed by the owner of the motorboat, sailboat, or personal watercraft and be accompanied by a fee of $3.50. Any alteration, change, or false statement contained in the application will render the certificate of number void. Upon receipt of the application in approved form, the county treasurer shall issue to the applicant a certificate of number prepared and furnished by the department of justice, stating the number assigned to the motorboat, sailboat, or personal watercraft and the name and address of the owner.

     (2)  The applicant, upon the filing of the application, shall pay to the county treasurer the fee in lieu of tax required under 23-2-517 for a motorboat 10 feet in length or longer, a sailboat 12 feet in length or longer, or a personal watercraft for the current year of certification before the application for certification or, if applicable, recertification may be accepted by the county treasurer.

     (3)  If the ownership of a motorboat, sailboat, or personal watercraft changes, a new application form with the certification fee must be filed within a reasonable time with the county treasurer and a new certificate of number assigned in the same manner as provided for in an original assignment of number.

     (4)  If an agency of the United States government has in force a comprehensive system of identification numbering for motorboats in the United States, the numbering system employed pursuant to this part by the department of justice must be in conformity.

     (5) (a) Every Except as provided in subsection (5)(b), a certificate of number and the license decals assigned under this part continue in effect for a period not to exceed 1 year unless terminated or discontinued in accordance with the provisions of this part.

     (b) Certificates A certificate of number and license decals for a motorboat or sailboat described in 23-2-517(1)(c) must show the date of expiration and may be renewed by the owner in the same manner provided for in the initial securing of the certificate.

     (6)  Certificates of number for motorboats or sailboats described in 23-2-517(1)(c) expire on December 31 of each year and may not be do not continue in effect unless renewed under this part.

     (7)  In the event of Whenever there is a transfer of ownership, the purchaser shall furnish the county treasurer notice within a reasonable time of the acquisition of all or any part of the purchaser's interest, other than the creation of a security interest, in a motorboat, sailboat, or personal watercraft numbered in this state or of the loss, theft, destruction, or abandonment of the motorboat, sailboat, or personal watercraft. The transfer, loss, theft, destruction, or abandonment terminates the certificate of number for the motorboat, sailboat, or personal watercraft. Recovery from theft or transfer of a part interest that does not affect the owner's right to operate the motorboat, sailboat, or personal watercraft does not terminate the certificate of number.

     (8)  A holder of a certificate of number shall notify the county treasurer within a reasonable time if the holder's address no longer conforms to the address appearing on the certificate and shall furnish the county treasurer with the new address. The department of justice may provide by rule for the surrender of the certificate bearing the former address and its replacement with a certificate bearing the new address or the alteration of an outstanding certificate to show the new address of the holder.

     (9)  (a) The number assigned must be painted on or attached to each outboard side of the forward half of the motorboat, sailboat, or personal watercraft or, if there are no sides, at a corresponding location on both outboard sides of the foredeck of the motorboat, sailboat, or personal watercraft. The number assigned must read from left to right in Arabic numerals and block characters of good proportion at least 3 inches tall excluding border or trim of a color that contrasts with the color of the background and be so maintained as to be clearly visible and legible. The number may not be placed on the obscured underside of the flared bow where it cannot be easily seen from another vessel or ashore. Numerals, letters, or devices other than those used in connection with the identifying number issued may not be placed in the proximity of the identifying number. Numerals, letters, or devices that might interfere with the ready identification of the motorboat, sailboat, or personal watercraft by its identifying number may not be carried in a manner that interferes with the motorboat's, sailboat's, or personal watercraft's identification. A number other than the number and license decal assigned to a motorboat, sailboat, or personal watercraft or granted reciprocity under this part may not be painted, attached, or otherwise displayed on either side of the forward half of the motorboat, sailboat, or personal watercraft.

     (b)  The certificate of number must be pocket size and available to federal, state, or local law enforcement officers at all reasonable times for inspection on the motorboat, sailboat, or personal watercraft whenever the motorboat, sailboat, or personal watercraft is on waters of this state.

     (c)  Boat liveries are not required to have the certificate of number on board each motorboat, sailboat, or personal watercraft, but a rental agreement must be carried on board livery motorboats, sailboats, or personal watercraft in place of the certificate of number.

     (10) Fees, other than the fee in lieu of tax, collected under this section must be transmitted to the department of revenue, as provided in 15-1-504, for deposit in the state general fund.

     (11) An owner of a motorboat, sailboat, or personal watercraft shall within a reasonable time notify the department of justice, giving the motorboat's, sailboat's, or personal watercraft's identifying number and the owner's name when the motorboat, sailboat, or personal watercraft is transferred, lost, destroyed, or abandoned or within 60 days after a change of the state of principal use or if a motorboat becomes documented as a vessel of the United States."

 

     Section 6.  Section 23-2-515, MCA, is amended to read:

     "23-2-515.  License decals to be displayed. (1) Every Montana A motorboat, sailboat, or personal watercraft numbered in accordance with the provisions of 23-2-512 or 23-2-513 shall be is required to display license decals. For this purpose, the county treasurer, upon proof of payment of the fee in lieu of tax as required by 15-16-202 for motorboats 10 feet in length or longer, sailboats 12 feet in length or longer, or personal watercraft, shall issue a pair of decals prepared and furnished by the department of justice with all new certificates of number and, if applicable, all renewals thereof of the certificates.

     (2) (a) The decals shall must be of a style and design prescribed by the department of justice and shall each year must be a color differing from the preceding year.

     (b) The license decal will decals must be serially numbered and have the expiration date of.

     (c) (i) The decals issued for a motorboat or sailboat described in 23-2-517(1)(a) or (1)(b) do not expire while the motorboat or sailboat remains in the same ownership.

     (ii) The decals issued for a motorboat or sailboat described in 23-2-517(1)(c) expire on December 31 of the appropriate year printed thereon in which the decals were issued.

     (3)  License decals shall may be displayed only in the following manner: by affixing one valid license decal on each side of the forward half, 3 inches aft of the identifying numbers."

 

     Section 7.  Section 23-2-516, MCA, is amended to read:

     "23-2-516.  Fee in lieu of tax for motorboats 10 feet in length or longer, sailboats 12 feet in length or longer, personal watercraft, motorized canoes, motorized rubber rafts, and motorized pontoons. (1) (a) There is a fee in lieu of property tax as prescribed in 23-2-517 imposed on motorboats 10 feet in length or longer, sailboats 12 feet in length or longer, personal watercraft, motorized canoes, motorized rubber rafts, and motorized pontoons.

     (b) The Except as provided in subsection (1)(c), the fee is in addition to the annual fee required by 23-2-512 for filing of the application for a certificate of number and is a one-time fee.

     (c) The fee for motorboats and sailboats described in 23-2-517(1)(c) is in addition to the annual fee required by 23-2-512 for filing of the application for a certificate of number.

     (2)  The fee imposed by subsection (1)(a) or (1)(c) need not be paid by a dealer for motorboats, sailboats, personal watercraft, motorized canoes, motorized rubber rafts, or motorized pontoons that constitute inventory of the dealership."

 

     Section 8.  Section 23-2-517, MCA, is amended to read:

     "23-2-517.  Fees for motorboats, sailboats, personal watercraft, motorized canoes, motorized rubber rafts, and motorized pontoons. (1) The owner of a motorboat 10 feet in length or longer, or a sailboat 12 feet in length or longer, a personal watercraft, or a motorized pontoon shall pay a fee based on the length and age of the motorboat or sailboat as follows:

     (a)  The Regardless of the vessel's age, the fee schedule for a motorboat at least 10 feet in length but less than 14 16 feet in length, or a sailboat at least 12 feet in length but less than 14 16 feet in length, a personal watercraft less than 16 feet in length, or a motorized pontoon less than 16 feet in length is as follows:

     (i)  for a motorboat or sailboat less than 5 years of age, $7.50;

     (ii) for a motorboat or sailboat 5 years of age or older but less than 10 years of age, $5.65; and

     (iii) for a motorboat or sailboat 10 years of age or older, $3.75 $50 and, except as provided in subsection (3), is a one-time fee.

     (b)  The Regardless of the vessel's age, the fee schedule for a motorboat or sailboat at least 14 16 feet in length but less than 16 19 feet in length, a personal watercraft 16 feet in length or longer, or a motorized pontoon 16 feet in length or longer is as follows:

     (i)  for a motorboat or sailboat less than 5 years of age, $15;

     (ii) for a motorboat or sailboat 5 years of age or older but less than 10 years of age, $11.25; and

     (iii) for a motorboat or sailboat 10 years of age or older, $7.50.

     (c)  The fee schedule for a motorboat or sailboat at least 16 feet in length but less than 17 feet in length is as follows:

     (i)  for a motorboat or sailboat less than 5 years of age, $32;

     (ii) for a motorboat or sailboat 5 years of age or older but less than 10 years of age, $24; and

     (iii) for a motorboat or sailboat 10 years of age or older, $16.

     (d)  The fee schedule for a motorboat or sailboat at least 17 feet in length but less than 19 feet in length is as follows:

     (i)  for a motorboat or sailboat less than 5 years of age, $3 a foot or fraction of a foot;

     (ii) for a motorboat or sailboat 5 years of age or older but less than 10 years of age, $2.25 a foot or fraction of a foot; and

     (iii) for a motorboat or sailboat 10 years of age or older, $1.50 a foot or fraction of a foot $110 and, except as provided in subsection (3), is a one-time fee.

     (e)(c)  The fee schedule for a motorboat or sailboat 19 feet in length or longer is as follows:

     (i)  for a motorboat or sailboat less than 5 years of age, $4 a foot or fraction of a foot;

     (ii) for a motorboat or sailboat 5 years of age or older but less than 10 years of age, $3 a foot or fraction of a foot; and

     (iii) for a motorboat or sailboat 10 years of age or older, $2 a foot or fraction of a foot.

     (2)  The owner of a personal watercraft shall pay a fee based on the age of the watercraft as follows:

     (a)  The fee for a personal watercraft less than 4 years of age is $22.

     (b)  The fee for a personal watercraft 4 years of age or older is $15.

     (3)  (a)(2) (a) Except as provided in subsection (3)(b) (2)(b), the age of a motorboat, or sailboat, or personal watercraft is determined by subtracting the manufacturer's designated model year from the current calendar year.

     (b)  If the purchase year of a motorboat, or sailboat, or personal watercraft precedes the designated model year of the motorboat, or sailboat, or personal watercraft and the motorboat, or sailboat, or personal watercraft is originally titled in Montana, then the purchase year is considered the model year for the purposes of calculating the fee in lieu of tax.

     (4)  The fee for a motorized canoe or a motorized rubber raft is $7.50, regardless of its length or age.

     (5)  The fee for a motorized pontoon is $20, regardless of its length or age.

     (3) Whenever a transfer of ownership of a vessel described in subsection (1) occurs, the one-time fee required under subsection (1) must be paid by the new owner."

 

     Section 9.  Section 23-2-518, MCA, is amended to read:

     "23-2-518.  (Temporary) Disposition of fees in lieu of tax. The county treasurer shall transfer all fees in lieu of tax collected on motorboats 10 feet in length or longer, sailboats 12 feet in length or longer, personal watercraft, motorized canoes, motorized rubber rafts, and motorized pontoons pursuant to 23-2-516 and 23-2-517 to the state general fund. (Terminates June 30, 2006--secs. 2, 3, Ch. 95, L. 2001.)

     23-2-518.  (Effective July 1, 2006) Disposition of fees in lieu of tax. The county treasurer shall transfer all fees in lieu of tax collected on motorboats 10 feet in length or longer, sailboats 12 feet in length or longer, personal watercraft, motorized canoes, motorized rubber rafts, and motorized pontoons pursuant to 23-2-516 and 23-2-517 to the state general fund."

 

     Section 10.  Section 23-2-519, MCA, is amended to read:

     "23-2-519.  (Temporary) Penalty -- disposition. (1) Failure to pay the fee in lieu of tax as provided for in 23-2-517 is a misdemeanor, punishable by a fine equal to four times the fee in lieu of tax that is due on the motorboat, sailboat, personal watercraft, motorized canoe, motorized rubber raft, or motorized pontoon for the current year of registration.

     (2)  All fines collected pursuant to subsection (1) must be distributed in the following ratio:

     (a)  50% to the general fund of the county in which the motorboat, sailboat, personal watercraft, motorized canoe, motorized rubber raft, or motorized pontoon is issued a certification number; and

     (b)  50% to the motorboat account of the state special revenue fund for use by the department in the enforcement of this part. (Terminates June 30, 2006--sec. 4, Ch. 95, L. 2001.)

     23-2-519.  (Effective July 1, 2006) Penalty -- disposition. (1) Failure to pay the fee in lieu of tax as provided for in 23-2-517 is a misdemeanor, punishable by a fine equal to five times the fee in lieu of tax that is due on the motorboat, sailboat, personal watercraft, motorized canoe, motorized rubber raft, or motorized pontoon for the current year of registration.

     (2)  All fines collected pursuant to subsection (1) must be distributed in the following ratio:

     (a)  50% to the general fund of the county in which the motorboat, sailboat, personal watercraft, motorized canoe, motorized rubber raft, or motorized pontoon is issued a certification number; and

     (b)  50% to the motorboat account of the state special revenue fund for use by the department in the enforcement of this part."

 

     Section 11.  Section 23-2-520, MCA, is amended to read:

     "23-2-520.  Mail renewal and recertification. The For a motorboat or sailboat described in 23-2-517(1)(c), the mail renewal procedure developed by the department of justice pursuant to 61-3-535 may be used for mail recertification of boats, the renewal of license decals, and the payment of the fee in lieu of tax."

 

     Section 12.  Section 23-2-601, MCA, is amended to read:

     "23-2-601.  Definition of terms. As used in 23-2-601 through 23-2-617, 23-2-619, or 23-2-621 through 23-2-644, the following terms shall have the meanings indicated herein, definitions apply unless the context requires otherwise clearly requires that another meaning is intended:

     (1)  "Certificate of ownership" means the document issued by the department of justice as prima facie evidence of ownership.

     (2)  "Certificate of registration" means the owner's receipt evidencing payment of all taxes, decal fees, and registration fees for a given registration year due in order for the snowmobile to be validly registered.

     (3)  "dbA" means sound pressure level measured on the "A" weight scale in decibels.

     (4)  "Department" means the department of fish, wildlife, and parks of the state of Montana.

     (5)  "New snowmobile" means any a snowmobile that has not been previously sold to an owner, as defined in subsection (7).

     (6)  "Operator" includes every a person who operates or is in actual physical control of the operation of a snowmobile.

     (7)  "Owner" includes every a person as defined herein, other than a lienholder or other person having a security interest only, holding a certificate of ownership to a snowmobile and entitled to the use or possession thereof of the snowmobile.

     (8)  "Person" includes an individual, partnership, association, corporation, and any other body or group of persons, whether incorporated or not and regardless of the degree of formal organization.

     (9)  "Roadway" includes only those portions of any highway, road, or street improved, designed, or ordinarily used for travel or parking of motor vehicles.

     (10) "Snowmobile" includes any self-propelled vehicle of an overall width of 48 inches or less, excluding accessories, designed primarily for travel on snow or ice, which that may be steered by skis or runners and which that is not otherwise registered or licensed under the laws of the state of Montana."

 

     Section 13.  Section 23-2-611, MCA, is amended to read:

     "23-2-611.  Certificate of ownership -- filing of security interests. (1) A snowmobile may not be operated upon any private or public lands, trails, easements, lakes, rivers, streams, roadways or shoulders of roadways, streets, or highways unless a certificate of ownership has first been obtained from the department of justice in accordance with the laws of this state. A certificate of ownership is not required for a snowmobile purchased prior to April 16, 1993, if use of the snowmobile is restricted to private land.

     (2)  The owner of a snowmobile shall apply for a certificate of ownership with the county treasurer of the county in which the owner resides, upon forms to be furnished for this purpose application. The forms must require the following information:

     (a)  the name of the owner;

     (b)  the residence of the owner, by town and county;

     (c)  the business or home mailing address of the owner;

     (d)  the name and address of any lienholder;

     (e)  the amount due under any contract or lien;

     (f)  the name of the manufacturer;

     (g)  the model number or name;

     (h)  the identification number; and

     (i)  the name and address of the dealer or other person from whom acquired.

     (3)  The application must be accompanied by documentation of ownership, such as an invoice, notarized bill of sale from the immediately previous owner, foreign title, official certificate of snowmobile number, or fee in lieu of tax receipt.

     (4)  The application must be signed by at least one owner or by a properly authorized officer or representative of the owner.

     (5)  If a certificate of ownership has previously been issued under the provisions of 23-2-601 through 23-2-617, 23-2-619, or 23-2-621 through 23-2-644, the application for a new certificate must be accompanied by the immediately previous certificate. This subsection does not apply to snowmobiles that are purchased as new and unused machines or that were operated when the provisions of 23-2-601 through 23-2-617, 23-2-619, or 23-2-621 through 23-2-644 were not in force and effect.

     (6)  Upon completion of the application, on forms furnished by the department of justice, the county treasurer shall issue to the applicant two copies of the application, one of which must be marked "file copy". The treasurer shall forward one copy and the original application to the department of justice, which. The department of justice shall enter the information contained in the application upon the corresponding records of its office and shall furnish the applicant with a certificate of ownership, which must contain that the information in the application considered necessary by the department of justice, and a permanent ownership number. The certificate of ownership is not to be renewed annually and is valid as long as the person holding it owns the snowmobile.

     (7)  The owner shall at all times retain possession of the certificate of ownership, except when it is being transmitted to and from the department of justice for endorsement or cancellation.

     (8)  Upon application for a certificate of ownership, a fee of $5 must be paid to the county treasurer, which. The fee must be forwarded by the county treasurer to the department of justice and deposited in the state general fund.

     (9)  The department of justice may not file a voluntary security interest or lien unless it is accompanied by or specified in the application for a certificate of ownership of the snowmobile encumbered. If the approved lien notice is transmitted to the department of justice, the security agreement or other lien instrument that creates the security interest must be retained by the secured party. A copy of the security agreement is sufficient as a lien notice if it contains the name and address of the debtor and the secured party, the complete snowmobile description, the amount of the lien, and the signature of the debtor. The department of justice shall file voluntary security interests and liens by entering the name and address of the secured party upon the face of the certificate of ownership. Involuntary liens must be filed against the record of the snowmobile encumbered. The department of justice shall mail a statement certifying the filing of a security interest or lien to the secured party. The department of justice shall mail the certificate of ownership to the owner at the address given on the certificate; however, if the transfer of ownership and filing of the security interest are paid for by a creditor or secured party, the department of justice shall return the certificate of ownership to the county treasurer of the county in which the snowmobile is to be registered. The owner of a snowmobile is the person entitled to operate and possess the snowmobile.

     (10) A security interest in a snowmobile held as inventory by a dealer must be perfected in accordance with Title 30, chapter 9A.

     (11) Whenever a security interest or lien is filed against a snowmobile that is subject to two security interests previously perfected under this section, the department of justice shall endorse on the face of the certificate of ownership: "NOTICE. This snowmobile is subject to additional security interest on file with the Department of Justice." Other information regarding the additional security interests need not be endorsed is not required on the certificate.

     (12) Satisfactions or statements of release filed with the department of justice under this part must be retained for a period of 8 years after receipt, after which they may be destroyed.

     (13) Except as provided in subsection (14), a voluntary security interest or lien is perfected on the date the lien notice is delivered to the county treasurer. On that date, the county treasurer shall issue to the secured party a receipt evidencing the perfection. Perfection under this section constitutes constructive notice to subsequent purchasers or encumbrancers, from the date of delivery of the lien notice to the county treasurer, of the existence of the security interest.

     (14) Voluntary security interests or lien filings that do not require transfer of ownership are perfected on the date the lien notice and the certificate of ownership or manufacturer's statement of origin are received by the department of justice. On that date, the department of justice shall issue to the secured party a receipt evidencing the perfection. Perfection under this subsection constitutes constructive notice to subsequent purchasers or encumbrancers, from the date the lien notice is delivered to the department of justice, of the existence of the security interest.

     (15) Upon default under a chattel mortgage or conditional sales contract covering a snowmobile, the mortgagee or vendor has the same remedies as in the case of other personal property. In case of attachment of a snowmobile, all the provisions of 27-18-413, 27-18-414, and 27-18-804 are applicable, except that deposits must be made with the department of justice.

     (16) A conditional sales vendor or chattel mortgagee or assignee who fails to file a satisfaction of a chattel mortgage, assignment, or conditional sales contract within 15 days after receiving final payment is required to pay the department of justice the sum of $1 for each day that the satisfaction is not filed.

     (17) Upon receipt of notice of any involuntary liens or attachments against the record of any snowmobile registered in this state, the department of justice shall within 24 hours mail to the owner, conditional sales vendor, mortgagee, or their assignee a notice showing the name and address of the lien claimant, the amount of the lien, the date of execution of the lien, and, in the case of attachment, the full title of the court, the action, and the name of the attorney for the plaintiff or the name of the attaching creditor, or both.

     (18) It is not necessary to refile with the department of justice any instruments on file in the office of the county clerk and recorder on October 1, 1989.

     (19) A fee of $4 must be paid to the department of justice to file any security interest or other lien against a snowmobile. The $4 fee must cover covers the cost of filing a satisfaction or release of the security interest and the cost of entering the satisfaction or release on the records of the department of justice and deleting the endorsement of the security interest from the face of the certificate of ownership. A fee of $4 must be paid to the department of justice for issuing a certified copy of a certificate of ownership subject to a security interest or other lien on file with the department of justice or for filing an assignment of a security interest or other lien on file with the department of justice. All fees provided for in this section must be paid to the county treasurer for deposit in the state general fund in accordance with 15-1-504."

 

     Section 14.  Section 23-2-612, MCA, is amended to read:

     "23-2-612.  Transfer of interest. (1) Except as provided in subsection (3), upon a transfer of any certificate of ownership to a snowmobile registered as required under the provisions of 23-2-601 through 23-2-617, 23-2-619, or 23-2-621 through 23-2-644, the person whose title or interest is to be transferred shall sign the certificate of ownership issued for the snowmobile in the appropriate space provided upon the reverse side of the certificate, and the signature must be acknowledged before the county treasurer, a deputy county treasurer, or a notary public.

     (2)  Within 20 calendar days after endorsement, the transferee shall make application for transfer of the certificate of ownership with the county treasurer of the county in which the transferee resides and also make application for registration of the snowmobile. The county treasurer shall forward the application to the department of justice, which and the department shall file the application upon receipt. A certificate of ownership may not be issued by the department of justice until the outstanding certificates are surrendered to that office the department of justice or the their loss of the certificates is established to the department's reasonable satisfaction. The county treasurer shall collect a fee of $5 for each application for transfer of ownership, which and the fee must be forwarded to the department of justice for deposit in the state general fund.

     (3)  A purchaser of a new or used snowmobile from a licensed snowmobile dealer has a grace period of 20 calendar days from the date of purchase to register the snowmobile, make application for a certificate of ownership, and obtain a decal indicating that the fee in lieu of property tax has been paid on the snowmobile for the current year. It is not a violation of 23-2-601 through 23-2-617, 23-2-619, or 23-2-621 through 23-2-644 or any other law for the purchaser to operate a newly acquired snowmobile without a certificate of ownership, a certificate of registration, and a decal during the 20-day period. During this period, the sticker provided for in subsection (4) must remain affixed to the snowmobile.

     (4)  Prior to the delivery of the snowmobile to the purchaser, the dealer shall issue and affix to the snowmobile a sticker (in a form to be prescribed by the department of justice). The sticker shall must contain the name and address of the purchaser, the date of sale, the name and address of the dealer, and a description of the snowmobile, including its serial number. The dealer shall keep a copy of the sticker for the dealer's records and shall send a copy of the sticker to the department of justice.

     (5)  The provisions of subsection (2) do not apply in the event of the transfer whenever ownership of a snowmobile is transferred to a licensed snowmobile dealer who is intending to resell the snowmobile and who operates it only for demonstration purposes, but a dealer, upon transferring the dealer's interest, shall deliver the certificate of ownership with an application for a new certificate executed by the new owner in accordance with the provisions of 23-2-601 through 23-2-617, 23-2-619, or 23-2-621 through 23-2-644. The department of justice, upon receipt of the certificate of ownership and application for a new certificate containing notice of a security interest, if any, shall issue a new certificate of ownership, together with a statement of any conditional sales contract, mortgage, or other lien.

     (6)  When the names and addresses of more than one owner who are members of the same immediate family are listed on the certificate of ownership, joint ownership with right of survivorship, and not as tenants in common, is presumed.

     (7)  The provisions of 61-3-201(3) through (7) that apply to motor vehicles also apply to any certificate of ownership transferred under this section."

 

     Section 15.  Section 23-2-614, MCA, is amended to read:

     "23-2-614.  Exemptions. (1) The provisions of 23-2-601 through 23-2-617, 23-2-619, or 23-2-621 through 23-2-644, with respect to registration, tax-paid decals, and certification of ownership, do not apply to snowmobiles owned or used by the United States or another state or any agency or political subdivision thereof of the United States or another state, to any snowmobile registered in a country other than the United States and to be temporarily used within this state for a period of not more than 30 days, or to any snowmobile registered in another state of the United States but to be temporarily used within this state for not more than 30 days. Snowmobiles owned by the state of Montana or any agency or political subdivision thereof of the state are exempt only from the payment of fees and shall must otherwise comply with all the requirements of 23-2-601 through 23-2-617, 23-2-619, or 23-2-621 through 23-2-644.

     (2)  The provisions of 23-2-601 through 23-2-617, 23-2-619, or 23-2-621 through 23-2-644 with respect to registration, tax-paid decals, and certification of ownership do not apply to unregistered snowmobiles owned by nonresidents of the state of Montana who either:

     (a)  display visual proof that a nonresident temporary-use permit has been purchased; or

     (b)  use the snowmobile only in races and for not more than 30 days in the state. "Race" means an organized competition on a predetermined course that is run according to accepted rules."

 

     Section 16.  Section 23-2-616, MCA, is amended to read:

     "23-2-616.  Registration and decals -- application and issuance -- use of certain fees. (1) Except for a snowmobile registered under 23-2-621, a snowmobile may not be operated on public lands by any person in Montana unless it has been registered and there is displayed in a conspicuous place on both sides of the cowl a decal as visual proof that the fee in lieu of property tax has been paid on it for the current year and the immediately previous year as required by 15-16-202.

     (2)  Application for registration must be made to the county treasurer upon forms to be furnished by the department of justice for this purpose, which that may be obtained at the county treasurer's office in the county where the owner resides. The application must contain the following information:

     (a)  the name and address of the owner;

     (b)  the certificate of ownership number;

     (c)  the make of the snowmobile;

     (d)  the model name of the snowmobile;

     (e)  the year of manufacture;

     (f)  a statement evidencing payment of the fee in lieu of property tax as required by 15-16-202; and

     (g)  other information that the department of justice may require.

     (3)  The application must be accompanied by a decal-registration fee of $6.50, and, if the snowmobile has previously been registered, by the registration certificate for the most recent year in which the snowmobile was registered. The treasurer shall sign the application and issue a registration receipt that must contain information considered necessary by the department of justice and a listing of fees paid. The owner shall retain possession of the registration receipt until it is surrendered to the county treasurer for reregistration or to a purchaser or subsequent owner pursuant to a transfer of ownership.

     (4)  The county treasurer shall forward the signed application to the department of justice and shall issue to the applicant a decal in the style and design prescribed by the department of justice. and Each year, the decals must be of a different color than the preceding year, numbered in sequence.

     (5)  The county treasurer may not accept any application under this section until the applicant has paid the decal-registration fee and the fee in lieu of property tax on the snowmobile for the current year and the immediately previous year as required by 15-16-202.

     (6)  All money collected from payment of decal-registration fees and all interest accruing from use of this money must be forwarded to the department of revenue, as provided in 15-1-504, for deposit in the state general fund.

     (7)  The county treasurer shall credit all fees in lieu of tax collected on snowmobiles to the state general fund."

 

     Section 17.  Section 23-2-619, MCA, is amended to read:

     "23-2-619.  Dealer registration certificate -- use of fees. (1) (a) Unless the dealer is licensed under the provisions of 61-4-101, a dealer registration certificate must be issued in accordance with 23-2-601 through 23-2-617, 23-2-621 through 23-2-644, or this section.

     (b)  To qualify as a dealer, the applicant, when registering or renewing a registration, shall:

     (i)  complete an application:

     (A)  stating the name under which the business is to be conducted and the location of the premises (street address, city, county, and state) where records are kept, sales are made, and stock is displayed;

     (B)  stating the name, address, date of birth, and social security number of all owners or persons having an interest in the business, provided that in the case of a corporation, the names and addresses of the president and secretary are sufficient;

     (C)  identifying other dealerships owned by the applicant, identifying all persons in Montana or in another state having an interest in another dealership owned by the applicant, and disclosing whether the applicant or any other person with interest in a dealership owned by the applicant has been convicted of a felony; and

     (D)  stating the name and make of all snowmobiles handled and the name and address of the manufacturer, importer, or distributor with whom the applicant has a written franchise or sales agreement;

     (ii) provide an affidavit certifying that the applicant has acquired and shall maintain liability insurance for any snowmobile offered for demonstration or loan to a customer;

     (iii) execute a certificate to the effect that the applicant has a permanent building for the display and sale of snowmobiles at the location of the premises where sales are conducted;

     (iv) execute a certificate to the effect that the applicant has a bona fide service department for the repair, service, and maintenance of snowmobiles; and

     (v)  execute a certificate to the effect that the applicant is a bona fide dealer in snowmobiles and that the dealer is recognized by a manufacturer, importer, or distributor as a dealer in snowmobiles.

     (2)  The dealer application must be accompanied by an application fee of $5 and a registration fee of $5. Upon receipt of the dealer application and payment of fees, the dealer must be issued two dealer snowmobile identification cards that must be carried by the dealer or the dealer's customer when demonstrating the dealer's snowmobiles.

     (3)  (a) A dealer shall file a bond in the amount of $5,000.

     (b)  The bond must be conditioned that the applicant shall conduct conducts business in accordance with the requirements of the as required by law. The bond must run to the state of Montana, must be approved by the department and filed in its office, and must be renewed annually.

     (c)  A person who suffers loss or damage because of the unlawful conduct of a dealer registered under this section shall obtain a judgment from a court of competent jurisdiction prior to collecting on the bond. Before payment on the bond is required, the judgment must determine a specific loss or damage amount and conclude that the dealer's unlawful operation caused the loss or damage.

     (4)  The dealer shall must have a principal place of business where the dealer maintains all business records and where the dealer displays and sells merchandise.

     (5)  An applicant for renewal of a snowmobile dealer registration shall certify that the applicant has sold five or more snowmobiles during the preceding year or pay an additional $50 renewal registration fee or provide a copy of a written new snowmobile franchise or sales agreement that the applicant has with a manufacturer, importer, or distributor.

     (6)  Additional dealer snowmobile identification cards as required by need justified to the department of justice may be purchased by the dealer for a fee of $2.

     (7)  Dealer registration certificates and identification cards expire on June 30 following the date of issuance.

     (8)  (a) The dealer application fees and all interest accruing from use of this money the fees must be deposited in the state special revenue fund to the credit of the department, with one-half designated for use in enforcing the purposes of 23-2-601 through 23-2-617, 23-2-621 through 23-2-644, or this section and one-half designated for use in the development, maintenance, and operation of snowmobile facilities.

     (b)  All money collected from dealer registration and renewal registration fees must be deposited in the state general fund."

 

     Section 18.  Section 23-2-626, MCA, is amended to read:

     "23-2-626.  Fee One-time fee in lieu of tax on snowmobiles. (1) There is a one-time fee in lieu of tax on snowmobiles of $40.

     (2)  The fee for a snowmobile less than 4 years old is $22. In all other cases the fee is $15.

     (3)  (a) Except as provided in subsection (3)(b), the age of a snowmobile is determined by subtracting the manufacturer's designated model year from the current calendar year.

     (b)  If the purchase year of a snowmobile precedes the designated model year of the snowmobile and the snowmobile is originally titled in Montana, then the purchase year is considered the model year for the purposes of calculating the fee in lieu of tax.

     (2) Except as provided in subsection (3), whenever a transfer of ownership of a snowmobile occurs, the fee required under subsection (1) must be paid by the new owner.

     (4)(3)  The fee need not be paid by a dealer for snowmobiles that constitute inventory of the dealership."

 

     Section 19.  Section 23-2-631, MCA, is amended to read:

     "23-2-631.  Operation on public roads, streets, and highways. (1) A person may not operate a snowmobile upon a controlled access highway or facility at any time. Snowmobile operation is permitted on the roadway or shoulder of any public road or highway, state highway, county road, or city street located within the boundaries of any municipality only in the event that if:

     (a)  the street, road, or highway is drifted or covered by snow to such an extent that travel on the street, road, or highway by other motor vehicles is impractical or impossible;

     (b)  the operator has received permission or is otherwise authorized for that travel by the municipality in the case of town or city streets, the board of county commissioners for county roads, or the state highway patrol for all other highways; or

     (c)  operation has been authorized on municipal streets by a municipal ordinance.

     (2)  A snowmobile may make a direct crossing of a street or highway whenever the crossing is necessary to get to another authorized area of operation. The crossing must be made at an angle of approximately 90 degrees to the direction of traffic at a place where no obstruction prevents a quick and safe crossing. The snowmobile must make a complete stop before entering upon any part of the traffic way, and the operator shall yield the right-of-way to all oncoming traffic.

     (3)  A snowmobile may not be operated upon a public street or highway when permitted to do so by 23-2-601 through 23-2-617, 23-2-619, or 23-2-621 through 23-2-644 unless equipped with at least one headlamp and one taillamp, which must be lighted at all times during operation, and unless equipped with a suitable braking device operable by either hand or foot.

     (4)  (a) Unless operation is otherwise allowed under subsection (4)(b) or (4)(c), the operator of a snowmobile who operates the snowmobile upon a public roadway, street, or highway when allowed to do so under the provisions of 23-2-601 through 23-2-617, 23-2-619, or 23-2-621 through 23-2-644 must have in possession a license to drive a motor vehicle as required by the laws of the state of Montana.

     (b)  The operator of a snowmobile may operate the snowmobile upon a public roadway, street, or highway when allowed to do so under the provisions of 23-2-601 through 23-2-617, 23-2-619, or 23-2-621 through 23-2-644 if the operator:

     (i)  has in possession a certificate showing the successful completion of a Montana-approved snowmobile safety education course; and

     (ii) is in the physical presence and under the supervision of a person who is 18 years of age or older.

     (c)  An operator who crosses a street, road, or highway, who operates a snowmobile upon a street, road, or highway that is drifted or covered with snow to such an extent that travel on the street, road, or highway by other motor vehicles is impractical or impossible, or who operates a snowmobile in any other areas of the state where operation is lawfully permitted is not required to apply for or possess a driver's license under the laws of the state of Montana."

 

     Section 20.  Section 23-2-634, MCA, is amended to read:

     "23-2-634.  Regulation of snowmobile noise. (1) Except as provided in this section, every snowmobile must be equipped at all times with noise-suppression devices, including an exhaust muffler in good working order and in constant operation. A snowmobile may not be modified by any person in any manner that will amplify or otherwise increase total noise emissions to a level greater than that emitted by the snowmobile as originally constructed, regardless of date of manufacture.

     (2)  Every A person who owns or operates a snowmobile manufactured after June 30, 1972, but prior to June 30, 1975, shall maintain the machine in such a manner that it will not exceed a sound level limitation of 82 dbA measured at 50 feet.

     (3)  A snowmobile manufactured after June 30, 1975, except snowmobiles designated for competition purposes only, may not be sold or offered for sale unless that the machine has been certified by the manufacturer as being able to conform to a sound level limitation of not more than 78 dbA measured at 50 feet. Every A person who owns or operates a snowmobile manufactured after June 30, 1975, shall maintain the machine in such a manner that it will not exceed a sound level limitation of 78 dbA measured at 50 feet.

     (4)  A manufacturer who certifies that a new snowmobile can comply complies with the noise limitation requirements of 23-2-601 through 23-2-617, 23-2-619, or 23-2-621 through 23-2-644 shall affix a permanent notice of that certification to every the new snowmobile when offered for sale in the state of Montana.

     (5)  In certifying that a new snowmobile can comply complies with the noise limitation requirements of 23-2-601 through 23-2-617, 23-2-619, or 23-2-621 through 23-2-644, a manufacturer shall make the certification based upon measurements made in accordance with SAE recommended practice J192, as amended. The department, in enforcing the provisions of this section, shall make measurements of snowmobile noise in accordance with applicable practices outlined in the "Procedure for Sound Level Measurements of Snowmobiles" (January, 1969), as amended, used by the international snowmobile industry association or with other standards for measurement of sound level as the department may adopt.

     (6)  This section does not apply to organized races or similar competitive events held on:

     (a)  private lands land or waters, with the permission of the owner, lessee, or custodian of the land or waters; or

     (b)  public lands land or waters, with the consent of the public agency having the authority to grant consent."

 

     Section 21.  Section 23-2-641, MCA, is amended to read:

     "23-2-641.  Enforcement. (1) With respect to the sale of any new snowmobile that is subject to the provisions of 23-2-601 through 23-2-617, 23-2-619, or 23-2-621 through 23-2-644, the attorney general shall, upon the request of the department, sue for the recovery of the penalties provided in 23-2-642 and bring an action for a restraining order or temporary or permanent injunction against a person who sells or offers to sell a new snowmobile that does not satisfy the sound level limitations imposed by 23-2-601 through 23-2-617, 23-2-619, or 23-2-621 through 23-2-644.

     (2)  (a) The department is a criminal justice agency for the purpose of obtaining the technical assistance and support services provided by the board of crime control under the provisions of 44-4-301. Authorized officers of the department are granted peace officer status with the power:

     (i)  of search, seizure, and arrest;

     (ii) to investigate activities in this state regulated by this part and rules of the department and the fish, wildlife, and parks commission; and

     (iii) to report violations to the county attorney of the county in which they occur.

     (b)  Sheriffs and their deputies of the various counties of the state, the Montana highway patrol, authorized officers of the department, and the police of each municipality shall enforce the provisions of this part."

 

     Section 22.  Section 23-2-642, MCA, is amended to read:

     "23-2-642.  Penalties. (1) The failure to display a current valid decal indicating that the fee in lieu of property tax has been paid on the snowmobile for the current year during the time provided in 23-2-601 through 23-2-644 is a misdemeanor, punishable by a fine in an amount equal to five times the applicable fee in lieu of tax payable under 23-2-626.

     (2)  A person who violates any other provision of 23-2-601 through 23-2-617, 23-2-619, or 23-2-621 through 23-2-644 or a rule adopted pursuant to those sections shall pay a civil penalty of not less than $15 or more than $500 for each separate violation. If the violation is willful, the person shall pay a civil penalty of not less than $50 or more than $1,000 for each separate violation.

     (3)  A manufacturer who certifies that a new snowmobile can meet the sound level limitations imposed by 23-2-601 through 23-2-617, 23-2-619, or 23-2-621 through 23-2-644 is subject to the penalty provisions of subsection (2) if any machine so certified does not meet the appropriate sound level limitation. For the purposes of this section, every sale of a new snowmobile that does not meet the sound level limitations imposed by 23-2-601 through 23-2-617, 23-2-619, or 23-2-621 through 23-2-644 constitutes a separate violation."

 

     Section 23.  Section 23-2-644, MCA, is amended to read:

     "23-2-644.  Deposit of funds from fines and forfeitures. All fines and forfeitures collected under 23-2-601 through 23-2-617, 23-2-619, or 23-2-621 through 23-2-644 relating to snowmobiles, except those collected by a justice's court, must be transmitted to the department of revenue for deposit in the state general fund."

 

     Section 24.  Section 23-2-803, MCA, is amended to read:

     "23-2-803.  Fee One-time fee in lieu of tax on off-highway vehicles -- exception -- disposition of fees. (1) There Except as provided in subsection (2), there is a one-time fee in lieu of tax on off-highway vehicles, other than off-highway vehicles constituting the inventory of a dealership licensed under 23-2-818, to be paid to the county treasurer of the county in which the owner of the off-highway vehicle resides.

     (a)  The one-time fee for an off-highway vehicle less than 3 years old is $19. In all other cases the fee is $9 is $40.

     (b)  Except as provided in subsection (1)(c), the age of an off-highway vehicle is determined by subtracting the manufacturer's designated model year from the current calendar year.

     (c)  If the purchase year of an off-highway vehicle precedes the designated model year of the off-highway vehicle and the off-highway vehicle is originally titled in Montana, then the purchase year is considered the model year for the purposes of calculating the fee in lieu of tax.

     (2) Whenever a transfer of ownership of an off-highway vehicle occurs, the one-time fee required under subsection (1) must be paid by the new owner.

     (2)(3)  The county treasurer shall transfer all fees in lieu of tax collected on off-highway vehicles pursuant to this section to the state general fund."

 

     Section 25.  Section 23-2-804, MCA, is amended to read:

     "23-2-804.  Decal required. (1) Except as provided in 23-2-802, an off-highway vehicle may not be operated by any a person for off-road recreation on public lands in Montana unless there is displayed in a conspicuous place a decal, in a form prescribed by the department of justice and issued by the county treasurer, as visual proof that the following fees have been paid for the current year:

     (a)  (i) the fee in lieu of tax provided for in 23-2-803; and

     (ii) the registration fee provided for in 61-3-321; or

     (b)  when the vehicle will be used as provided in this section, the registration and taxation fees for motorcycles and quadricycles subject to licensure under 61-3-321, as evidenced by presentation of an owner's certificate of registration and payment receipt.

     (2)  The decal must be serially numbered and have the expiration date of December 31 of the appropriate year printed on the decal."

 

     Section 26.  Section 23-2-807, MCA, is amended to read:

     "23-2-807.  Penalty -- disposition. (1) The failure to display a current valid decal indicating that the fee in lieu of tax, registration fees, decal fees, and, when applicable, taxes on licensed vehicles have been paid on the off-highway vehicle for the current year, as provided in 23-2-804, is a misdemeanor punishable by a fine of $50.

     (2)  All fines collected under this section must be transmitted to the department of revenue for deposit in the state general fund."

 

     Section 27.  Section 23-2-809, MCA, is amended to read:

     "23-2-809.  Duplicate decal. If a decal required in 23-2-804 indicating that the off-highway vehicle fee has been paid for the current year is lost, mutilated, or becomes illegible, the person to whom it was issued shall immediately apply for and obtain a duplicate decal upon payment of a fee of $5 to the county treasurer, who shall distribute the fee as provided in 23-2-804(3)."

 

     Section 28.  Section 23-2-817, MCA, is amended to read:

     "23-2-817.  Registration fee -- application and issuance -- disposition. (1) Each off-highway vehicle is subject to an annual a registration fee of $2.

     (2)  The county treasurer shall collect the annual fee when the fee in lieu of tax is collected.

     (3)  Application for registration must be made to the county treasurer of the county in which the owner resides, on a form furnished by the department of justice for that purpose. The application must contain:

     (a)  the name and home mailing address of the owner;

     (b)  the certificate of ownership number;

     (c)  the name of the manufacturer of the off-highway vehicle;

     (d)  the model number or name;

     (e)  the year of manufacture;

     (f)  a statement evidencing payment of the fee in lieu of property tax; and

     (g)  such other information as required by the department of justice may require.

     (4)  If the off-highway vehicle was previously registered, the application must be accompanied by the registration certificate for the most recent year in which it was registered. Upon payment of the registration fee, the county treasurer shall sign the application and issue a registration receipt, which must contain containing the information considered necessary by the department of justice and a listing of the fees paid. The owner shall retain possession of the registration receipt until it is surrendered to the county treasurer for reregistration or to a purchaser or subsequent owner pursuant to a transfer of ownership.

     (5)  All registration fees collected must be forwarded to the department of justice and deposited in the state general fund."

 

     Section 29.  Section 61-1-129, MCA, is amended to read:

     "61-1-129.  Camper. (1) The term "camper" as used in 61-1-102, 61-3-524, and 61-3-525 includes but is not limited to truck camper, chassis-mounted camper, cab-over, half cab-over, noncab-over, telescopic, and telescopic cab-over.

     (2) The term does not include a truck canopy cover or topper."

 

     Section 30.  Section 61-3-303, MCA, is amended to read:

     "61-3-303.  Application for registration. (1) Each An 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, 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)  The application may not be accepted by the county treasurer unless the payments required by subsection (2) 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)  except as provided in subsection (6), the immediately previous preceding 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)  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)  Revenue that accrues from the voluntary donation provided in subsection (2)(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.

     (6) (a) Except as provided in subsection (6)(b), the fees in lieu of tax, taxes, and fees imposed on or collected from the registration of a travel trailer, motorcycle, or quadricycle or a trailer, pole trailer, or semitrailer that has a declared weight of less than 26,000 pounds are required to be paid only once during the time that the vehicle is owned by the same person who registered the vehicle. Once registered, a vehicle described in this subsection (6)(a) is registered permanently unless ownership of the vehicle is transferred.

     (b) Whenever ownership of a vehicle described in subsection (6)(a) is transferred, the new owner is required to register the vehicle as if it were being registered for the first time, including paying all of the required fees in lieu of tax, taxes, and fees."

 

     Section 31.  Section 61-3-311, MCA, is amended to read:

     "61-3-311.  Time for making application. (1) (a) Registration Except as provided in subsection (1)(b), the registration of a vehicle must be renewed annually, and license fees must be paid annually.

     (b) Once registered, a vehicle described in 61-3-303(6)(a) is registered permanently unless ownership of the vehicle is transferred. A transfer of ownership of a vehicle described in 61-3-303(6)(a) requires the new owner to register the vehicle as provided in this title.

     (2) Except as provided in 61-3-313 through 61-3-316, 61-3-318, 61-3-526, and 61-3-560, 61-3-562, 61-3-721, and subsection (1)(b) of this section, all registrations expire on December 31 of the year in which they are issued and application for registration or reregistration must be filed with the county treasurer not later than February 15 of each year.

     (3) If the ownership of a motor vehicle is transferred during the registration year, the motor vehicle must be reregistered and relicensed as provided by statute."

 

     Section 32.  Section 61-3-312, MCA, is amended to read:

     "61-3-312.  Renewal of registration -- exceptions -- grace period. (1) Except as provided in 61-3-311(2) and (3), 61-3-314, 61-3-318, 61-3-526, 61-3-560, 61-3-562, and 61-3-721, a vehicle registration under this chapter expires on December 31 of each year and must be renewed annually upon application and payment of license fees as provided in 61-3-303 and 61-3-321. The renewal takes effect on January 1 of each year. The certificate of registration is valid only during the registration year for which it is issued.

     (2)  The owner of a vehicle registered under the provisions of this section may operate the vehicle between January 1 and February 15 without displaying the registration certificate of the current year if, during the period, the owner displays upon the vehicle the number plates or plate assigned for the previous year."

 

     Section 33.  Section 61-3-313, MCA, is amended to read:

     "61-3-313.  Vehicles subject to staggered registration. For purposes of 61-3-313 through 61-3-316, "vehicle" means a motor vehicle, as defined in 61-1-102, that is subject to annual registration in this state except:

     (1)  vehicles owned or leased and operated by the government of the United States or by the state of Montana or a political subdivision of the state;

     (2)  mobile homes and motor homes;

     (3)  vehicles that are registered in accordance with or subject to 61-3-332(10)(c)(i)(A), 61-3-411, or 61-3-421;

     (4)  trucks exceeding a 1-ton rated capacity;

     (5)  trailers, semitrailers, tractors, and buses, motorcycles, quadricycles, and motor-driven cycles;

     (6)  special mobile equipment as defined in 61-1-104;

     (7)  motor vehicles registered as part of a fleet under 61-3-318; and

     (8)  apportionable vehicles registered as part of a fleet, as defined in 61-3-712, that is subject to the provisions of 61-3-711 through 61-3-733."

 

     Section 34.  Section 61-3-317, MCA, is amended to read:

     "61-3-317.  New registration required for transferred vehicle -- grace period -- penalty -- display of proof of purchase. (1) Except as otherwise provided in this section, the new owner of a transferred motor vehicle has a grace period of 20 calendar days from the date of purchase to make application and pay the registration fees, fees in lieu of tax and other fees required by part 5 of this chapter, and local option taxes, if applicable, unless the fees and taxes have been paid for the year or for the 24-month period as provided in 61-3-315, as if the vehicle were being registered for the first time in that registration year.

     (2) The new owner of a vehicle described in 61-3-303(6) shall make application and pay the registration fees, fees in lieu of tax, and other fees required by part 5 of this chapter and local option taxes, if applicable, whether or not the fees and taxes have been paid previously.

     (3) If the motor vehicle was not purchased from a licensed motor vehicle dealer as provided in this chapter, it is not a violation of this chapter or any other law for the purchaser to operate the vehicle upon the streets and highways of this state without a certificate of registration during the 20-day period, provided that at all times during that period, a vehicle purchase sticker in a form prescribed and furnished by the department, obtained from the county treasurer or a law enforcement officer as authorized by the department, reciting the date of purchase is clearly displayed in the rear window of the motor vehicle.

     (4) Registration and license fees collected under 61-3-321 are not required to be paid when a license plate is transferred under 61-3-335 and this section.

     (5) Failure to make application within the time provided in this section subjects the purchaser to a penalty of $10. The penalty must be collected by the county treasurer at the time of registration and is in addition to the fees otherwise provided by law. The penalty must be deposited in the state general fund."

 

     Section 35.  Section 61-3-321, MCA, is amended to read:

     "61-3-321.  Registration fees of vehicles -- certain vehicles exempt from license or registration fees -- disposition of fees. (1) Registration or license fees must be paid upon registration or, if applicable, reregistration of motor vehicles, trailers, and semitrailers, in accordance with this chapter, as follows:

     (a)  light vehicles under 2,850 pounds, $13.75;

     (b)  trailers with a declared weight of less than 2,500 pounds and semitrailers, $8.25;. For a trailer or semitrailer described in 61-3-530(1), this fee is a one-time fee, except upon transfer of ownership of the trailer or semitrailer.

     (c) (i) motor vehicles registered pursuant to 61-3-411 that are:

     (i)(A)  over 2,850 pounds, $10; and

     (ii)(B) under 2,850 pounds, $5;.

     (ii) If the motor vehicle is registered pursuant to 61-3-411 as a collector's item and is a trailer or semitrailer described in 61-3-530(1), the fee imposed in this subsection (1)(c) is a one-time fee, except upon transfer of ownership of the trailer or semitrailer.

     (d)  off-highway vehicles registered pursuant to 23-2-817, $9;. This fee is a one-time fee, except upon transfer of ownership of an off-highway vehicle.

     (e)  light vehicles over 2,850 pounds, trucks and buses less than 1 ton, and heavy trucks in excess of 1 ton, $18.75;

     (f)  logging trucks less than 1 ton, $23.75;

     (g)  motor homes, $22.25;

     (h)  motorcycles and quadricycles, $9.75;. This fee is a one-time fee, except upon transfer of ownership of a motorcycle or quadricycle.

     (i)  trailers and semitrailers between 2,500 and 6,000 pounds, $11.25;. For a trailer or semitrailer described in 61-3-530(1), this fee is a one-time fee, except upon transfer of ownership of the trailer or semitrailer.

     (j)  trailers and semitrailers in excess of 6,000 pounds, other than trailers and semitrailers registered in other jurisdictions and registered through a proportional registration agreement, $16.25;. For a trailer or semitrailer described in 61-3-530(1), this fee is a one-time fee, except upon transfer of ownership of the trailer or semitrailer.

     (k)  travel trailers, $11.75;. This fee is a one-time fee, except upon transfer of ownership of a travel trailer. and

     (l)  recreational vehicles, $3.50.

     (2) (a) If Except as provided in subsection (2)(b), if a motor vehicle, trailer, or semitrailer is originally registered 6 months after the time of registration as set by law, the registration or license fee for the remainder of the year is one-half of the regular fee.

     (b) For a trailer or semitrailer described in 61-3-530(1), the applicable fees must be paid regardless of when the fees were last paid or if the fees were paid at all.

     (3)  An additional fee of $5 must be collected for the registration of each motorcycle as a safety fee and must be deposited in the state motorcycle safety account provided for in 20-25-1002.

     (4)  A fee of $2 for each set of new number plates must be collected when number plates provided for under 61-3-332(2) are issued.

     (5)  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, 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.

     (6)  (a) Except as provided in 61-3-562 and subsection (6)(b) of this section, a fee of 25 cents a year for each registration of a vehicle must be collected when a vehicle is registered or reregistered. The revenue derived from this fee must be forwarded by the county treasurer for deposit in the state general fund for transfer to the credit of the senior citizens and persons with disabilities transportation services account provided for in 7-14-112.

     (b) (i) The following vehicles are not subject to the fee imposed in subsection (6)(a):

     (i)  trailers Trailers and semitrailers registered in other jurisdictions and registered through a proportional registration agreement; and are not subject to the fee imposed in subsection (6)(a).

     (ii) travel Travel trailers, recreational vehicles, and off-highway vehicles registered pursuant to 23-2-817 are subject to the fee imposed in subsection (6)(a), and as applied to these vehicles, the fee is a one-time fee for as long as the vehicle remains in the same ownership.

     (7)  The provisions of this section relating to the payment of registration fees or new number plate fees do not apply when number plates are transferred to a replacement vehicle under 61-3-317, 61-3-332, or 61-3-335.

     (8)  A person qualifying under 61-3-332(10)(d) is exempt from the fees required under this section.

     (9)  Except as otherwise provided in this section, revenue collected under this section must be deposited in the state general fund."

 

     Section 36.  Section 61-3-332, MCA, is amended to read:

     "61-3-332.  (Temporary) Number plates. (1) A motor vehicle that is driven upon the streets or highways of Montana must display both front and rear number plates, bearing the distinctive number assigned to the vehicle.

     (2)  In addition to special license plates, collegiate license plates, and generic specialty license plates authorized under this chapter, a separate series of number plates must be issued, in the manner specified, for each of the following vehicle or dealer types:

     (a)  passenger vehicles, including automobiles, vans, and sport utility vehicles;

     (b)  motorcycles and quadricycles, bearing the letters "MC" or "CYCLE";

     (c)  trucks, bearing the letter "T" or the word "TRUCK";

     (d)  trailers, bearing the letters "TR" or the word "TRAILER";

     (e)  dealers of new, or new and used, motor vehicles, including trucks and trailers, bearing the letter "D" or the word "DEALER";

     (f)  dealers of used motor vehicles only, including trucks and trailers, bearing the letters "UD" or the letter "U" and the word "DEALER";

     (g)  dealers of motorcycles or quadricycles, bearing the letters "MCD" or the letters "MC" and the word "DEALER";

     (h)  dealers of trailers or semitrailers, bearing the letters "DTR" or the letters "TR" and the word "DEALER"; and

     (i)  dealers of recreational vehicles, bearing the letters "RV" or the letter "R" and the word "DEALER".

     (3)  (a) Except as provided in 61-3-479 and subsections (3)(b), (4)(c), and (4)(d) of this section, all number plates for motor vehicles must be issued for a maximum period of 4 years, bear a distinctive marking, and be furnished by the department. In years when number plates are not issued, the department shall provide nonremovable stickers bearing appropriate registration numbers that must be affixed to the license plates in use.

     (b)  For motorcycles, quadricycles, and light vehicles that are permanently registered as provided in 61-3-527 or 61-3-315 and 61-3-562 and vehicles described in 61-3-303(6) that are permanently registered, the department shall provide distinctive nonremovable stickers indicating that the vehicle is permanently registered. The stickers must be affixed to the license plates in use.

     (4)  (a) Subject to the provisions of this section, the department shall create a new design for number plates as provided in this section, and it shall manufacture the newly designed number plates for issuance after December 31, 1999, to replace at renewal, as required in 61-3-312 and 61-3-314, number plates that were displayed on motor vehicles before that date.

     (b)  Beginning January 1, 2000, the department shall manufacture and issue new number plates every 4 years.

     (c)  A light vehicle that is registered for a 24-month period, as provided in 61-3-315 and 61-3-560, may display the number plate and plate design in effect at the time of registration for the entire 24-month registration period.

     (d)  A motorcycle, quadricycle, or light vehicle described in subsection (3)(b) that is permanently registered, as provided in 61-3-527 or 61-3-315 and 61-3-562, may display the number plate and plate design in effect at the time of registration for the entire period that the vehicle is permanently registered.

     (5)  In the case of passenger vehicles and trucks, plates must be of metal 6 inches wide and 12 inches in length. Except for generic specialty license plates, the outline of the state of Montana must be used as a distinctive border on the license plates, and the word "Montana" must be placed on each plate. Registration plates must be treated with a reflectorized background material according to specifications prescribed by the department.

     (6)  The distinctive registration numbers must begin with a number one or with a letter-number combination, such as "A 1" or "AA 1", or any other similar combination of letters and numbers. Except for special license plates, collegiate license plates, and generic specialty license plates, the distinctive registration number or letter-number combination assigned to the vehicle must appear on the plate preceded by the number of the county and appearing in horizontal order on the same horizontal baseline. The county number must be separated from the distinctive registration number by a separation mark unless a letter-number combination is used. The dimensions of the numerals and letters must be determined by the department, and all county and registration numbers must be of equal height.

     (7)  For the use of exempt motor vehicles and motor vehicles that are exempt from the registration fee as provided in 61-3-560(2)(a), in addition to the markings provided in this section, number plates must bear the following distinctive markings:

     (a)  For vehicles owned by the state, the department may designate the prefix number for the various state departments. All numbered plates issued to state departments must bear the words "State Owned", and a year number may not be indicated on the plates because these numbered plates are of a permanent nature and will be replaced by the department only when the physical condition of numbered plates requires it.

     (b)  For vehicles that are owned by the counties, municipalities, and special districts, as defined in 18-8-202, organized under the laws of Montana and not operating for profit, and that are used and operated by officials and employees in the line of duty and for vehicles on loan from the United States government or the state of Montana to, or owned by, the civil air patrol and used and operated by officials and employees in the line of duty, there must be placed on the number plates assigned, in a position that the department may designate, the letter "X" or the word "EXEMPT". Distinctive registration numbers for plates assigned to motor vehicles of each of the counties in the state and those of the municipalities and special districts that obtain plates within each county must begin with number one and be numbered consecutively. Because these number plates are of a permanent nature, they are subject to replacement by the department only when the physical condition of the number plates requires it and a year number may not be displayed on the number plates.

     (8)  Number plates issued to a passenger vehicle, truck, trailer, motorcycle, or quadricycle may be transferred only to a replacement passenger vehicle, truck, trailer, motorcycle, or quadricycle. A registration or license fee may not be assessed upon a transfer of a number plate under 61-3-317 and 61-3-335.

     (9)  For the purpose of this chapter, the several counties of the state are assigned numbers as follows: Silver Bow, 1; Cascade, 2; Yellowstone, 3; Missoula, 4; Lewis and Clark, 5; Gallatin, 6; Flathead, 7; Fergus, 8; Powder River, 9; Carbon, 10; Phillips, 11; Hill, 12; Ravalli, 13; Custer, 14; Lake, 15; Dawson, 16; Roosevelt, 17; Beaverhead, 18; Chouteau, 19; Valley, 20; Toole, 21; Big Horn, 22; Musselshell, 23; Blaine, 24; Madison, 25; Pondera, 26; Richland, 27; Powell, 28; Rosebud, 29; Deer Lodge, 30; Teton, 31; Stillwater, 32; Treasure, 33; Sheridan, 34; Sanders, 35; Judith Basin, 36; Daniels, 37; Glacier, 38; Fallon, 39; Sweet Grass, 40; McCone, 41; Carter, 42; Broadwater, 43; Wheatland, 44; Prairie, 45; Granite, 46; Meagher, 47; Liberty, 48; Park, 49; Garfield, 50; Jefferson, 51; Wibaux, 52; Golden Valley, 53; Mineral, 54; Petroleum, 55; Lincoln, 56. Any new counties must be assigned numbers by the department as they may be formed, beginning with the number 57.

     (10) Each type of special license plate approved by the legislature, except collegiate license plates authorized in 61-3-463 and generic specialty license plates authorized in 61-3-472 through 61-3-481, must be a separate series of plates, numbered as provided in subsection (6), except that the county number must be replaced by a nonremovable design or decal designating the group or organization to which the applicant belongs. Unless otherwise specifically stated in this section, the special plates are subject to the same rules and laws as govern the issuance of regular license plates, must be placed or mounted on a vehicle owned by the person who is eligible to receive them, and must be removed upon sale or other disposition of the vehicle. The special license plates must be issued to national guard members, former prisoners of war, persons with disabilities, reservists, disabled veterans, survivors of the Pearl Harbor attack, veterans of the armed services, national guard veterans, legion of valor members, or veterans of the armed services who were awarded the purple heart medal, who comply with the following provisions:

     (a)  (i) An active member of the Montana national guard may be issued special license plates with a design or decal displaying the letters "NG". The adjutant general shall issue to each active member of the Montana national guard a certificate authorizing the department to issue national guard plates, numbered in sets of two with a different number on each set, and the member shall surrender the plates to the department upon becoming ineligible to use them.

     (ii) The department may issue national guard veteran plates, bearing a design or decal displaying the Montana national guard insignia and the words "National Guard veteran" and numbered in sets of two with a different number on each set, to an applicant who presents to the department a copy of certification of national guard retirement eligibility issued by the appropriate authorities for the applicant or the applicant's deceased spouse and who pays, in addition to all taxes and fees required by parts 3 and 5 of this chapter, a national guard veteran license plate fee of $10. The additional fee must be distributed in accordance with the provisions of subsection (12).

     (b)  An active member of the reserve armed forces of the United States of America who is a resident of this state may be issued special license plates with a design or decal displaying the following: United States army reserve, AR (symbol); United States naval reserve, NR (anchor); United States air force reserve, AFR (symbol); and United States marine corps reserve, MCR (globe and anchor). The commanding officer of each armed forces reserve unit shall issue to each eligible member of the reserve unit a certificate authorizing the issuance of special license plates, numbered in sets of two with a different number on each set. The member shall surrender the plates to the department upon becoming ineligible to use them.

     (c)  (i) Subject to the limitation in 61-3-453, a resident of Montana who is a veteran of the armed forces of the United States and who has been awarded the purple heart and is 50% or more disabled because of an injury that has been determined by the department of veterans affairs to be service-connected or who is 100% disabled because of an injury that has been determined by the department of veterans affairs to be service-connected may, upon presentation to the department of documentation required in subsection (10)(f)(i) and proof of the required disability, be issued:

     (A)  a special license plate under this section with the purple heart decal or a design or decal displaying the letters "DV"; or

     (B)  one set of any other military-related plates that the 50% or more disabled veteran who has been awarded the purple heart or the disabled veteran is eligible to receive under this section.

     (ii) The fee for original or renewal registration by a 100% disabled veteran for a motor vehicle, as defined in 61-1-102, that is not used for commercial purposes is $5 and is in lieu of all other fees and taxes for that vehicle under this chapter irrespective of which set of military license plates the veteran is eligible to receive and chooses to display under subsection (10)(c)(i).

     (iii) The fee for original or renewal registration for a motor vehicle, as defined in 61-1-102, that is not used for commercial purposes by a 50% or more disabled veteran who has been awarded the purple heart and who meets the criteria in subsection (10)(c)(i) is $5 and is in lieu of other taxes and fees for that vehicle under this chapter, except for the $10 fee required in subsection (10)(f)(iii), regardless of which set of military license plates the veteran is eligible to receive and chooses to display under subsection (10)(c)(i). Special license plates issued to a 50% or more disabled veteran who has been awarded the purple heart under subsection (10)(c) may be retained by a surviving spouse, subject to payment of all taxes and fees required under parts 3 and 4 of this chapter as provided in subsection (10)(f)(iii).

     (iv) Special license plates issued to a disabled veteran and, except as provided in subsection (10)(c)(iii), to a 50% or more disabled veteran who has been awarded the purple heart are not transferable to another person.

     (v)  A 50% or more disabled veteran who has been awarded the purple heart or a disabled veteran is not entitled to a special license plate for more than one vehicle.

     (vi) A vehicle that is lawfully displaying a disabled veteran's plate with a design or decal displaying the letters "DV" and that is conveying a 100% disabled veteran is entitled to the parking privileges allowed a person with a disability's vehicle under this title.

     (d)  (i) A Montana resident who is a veteran of the armed forces of the United States and was captured and held prisoner by a military force of a foreign nation, documented by the veteran's service record, may upon application and presentation of proof be issued special license plates, numbered in sets of two with a different number on each set, with a design or decal displaying the words "ex-prisoner of war" or an abbreviation that the department considers appropriate.

     (ii) Fees required under 61-3-321(1) and (6) may not be assessed upon one set of license plates issued to an ex-prisoner of war under this subsection (10)(d).

     (iii) A special license plate fee may not be assessed upon one set of special license plates issued to an ex-prisoner of war under this subsection (10)(d).

     (iv) An ex-prisoner of war is exempt from the registration fees imposed under 61-3-560 through 61-3-562 for one vehicle that displays a set of ex-prisoner of war license plates.

     (v)  A surviving spouse of an ex-prisoner of war may retain the special license plates that have been issued to the ex-prisoner of war if the spouse complies with the provisions of 61-3-457.

     (e)  Except as provided in subsections (10)(c) and (10)(d), upon payment of all taxes and fees required by parts 3 and 5 of this chapter and upon furnishing proof satisfactory to the department that the applicant meets the requirements of this subsection (10)(e), the department shall issue to a Montana resident who is a veteran of the armed services of the United States special license plates, numbered in sets of two with a different number on each set, designed to indicate that the applicant is a survivor of the Pearl Harbor attack if the applicant was a member of the United States armed forces on December 7, 1941, was on station on December 7, 1941, during the hours of 7:55 a.m. to 9:45 a.m. (Hawaii time) at Pearl Harbor, the island of Oahu, or was offshore at a distance of not more than 3 miles, and received an honorable discharge from the United States armed forces. If special license plates issued under subsection (10)(d) and this subsection are lost, stolen, or mutilated, the recipient of the plates is entitled to replacement plates upon request and without charge.

     (f)  A motor vehicle owner and resident of this state who is a veteran or the surviving spouse of a veteran of the armed services of the United States may be issued license plates inscribed as provided in subsection (10)(f)(i) if the veteran was separated from the armed services under other than dishonorable circumstances or was awarded the purple heart medal:

     (i)  Upon submission of a department of defense form 214(DD-214) or its successor or documents showing an other-than-dishonorable discharge or a reenlistment, proper identification, and other relevant documents to show an applicant's qualification under this subsection, there must be issued to the applicant, in lieu of the regular license plates prescribed by law, special license plates numbered in sets of two with a different number on each set. The plates must display:

     (A)  the word "VETERAN" and a symbol signifying the United States army, United States navy, United States air force, United States marine corps, or United States coast guard, according to the record of service verified in the application; or

     (B)  a symbol representing the purple heart medal.

     (ii) Plates must be furnished by the department to the county treasurer, who shall issue them to a qualified veteran or to the veteran's surviving spouse. The plates must be placed or mounted on the vehicle owned by the veteran or the veteran's surviving spouse designated in the application and must be removed upon sale or other disposition of the vehicle.

     (iii) Except as provided for 100% disabled veterans and ex-prisoners of war in subsections (10)(c) and (10)(d), a veteran or surviving spouse who receives special license plates under this subsection (10)(f) is liable for payment of all taxes and fees required under parts 3 and 4 of this chapter and a special veteran's or purple heart medal license plate fee of $10.

     (g)  A Montana resident who is eligible to receive a special parking permit under 49-4-301 may, upon written application on a form prescribed by the department, be issued a special license plate with a design or decal bearing a representation of a wheelchair as the symbol of a person with a disability.

     (h)  The department may issue legion of valor license plates, bearing a design or decal depicting the recognized legion of valor medallion and numbered in sets of two with a different number on each set, to an applicant who presents to the department proper documentation of receipt of a legion of valor award by appropriate authorities to the applicant or the applicant's deceased spouse and who pays all taxes and fees required by parts 3 and 5 of this chapter.

     (i)  An active member of the armed forces of the United States who is a resident of the state or who is stationed outside of Montana may be issued special license plates inscribed as provided in subsection (10)(f)(i)(A). The member's commanding officer may issue a certificate or some other relevant document to show the applicant's qualification and authorizing the issuance of the special license plates in sets of two with a different number on each set. The member is liable for payment of all taxes and fees required by this chapter, except as provided in 61-3-456.

     (11) The provisions of this section do not apply to a motor vehicle, trailer, or semitrailer that is registered as part of a fleet, as defined in 61-3-712, and that is subject to the provisions of 61-3-711 through 61-3-733.

     (12) Fees collected under this section must be deposited in the state general fund. (Terminates July 1, 2005--sec. 21, Ch. 402, L. 2001.)

     61-3-332.  (Effective July 1, 2005) Number plates. (1) A motor vehicle that is driven upon the streets or highways of Montana must display both front and rear number plates, bearing the distinctive number assigned to the vehicle.

     (2)  In addition to special license plates and collegiate license plates authorized under this chapter, a separate series of number plates must be issued, in the manner specified, for each of the following vehicle or dealer types:

     (a)  passenger vehicles, including automobiles, vans, and sport utility vehicles;

     (b)  motorcycles and quadricycles, bearing the letters "MC" or "CYCLE";

     (c)  trucks, bearing the letter "T" or the word "TRUCK";

     (d)  trailers, bearing the letters "TR" or the word "TRAILER";

     (e)  dealers of new, or new and used, motor vehicles, including trucks and trailers, bearing the letter "D" or the word "DEALER";

     (f)  dealers of used motor vehicles only, including trucks and trailers, bearing the letters "UD" or the letter "U" and the word "DEALER";

     (g)  dealers of motorcycles or quadricycles, bearing the letters "MCD" or the letters "MC" and the word "DEALER";

     (h)  dealers of trailers or semitrailers, bearing the letters "DTR" or the letters "TR" and the word "DEALER"; and

     (i)  dealers of recreational vehicles, bearing the letters "RV" or the letter "R" and the word "DEALER".

     (3)  (a) Except as provided in subsections (3)(b), (4)(c), and (4)(d), all number plates for motor vehicles must be issued for a maximum period of 4 years, bear a distinctive marking, and be furnished by the state. In years when number plates are not issued, the department shall provide nonremovable stickers bearing appropriate registration numbers that must be affixed to the license plates in use.

     (b)  For motorcycles, quadricycles, and light vehicles that are permanently registered as provided in 61-3-527 or 61-3-315 and 61-3-562 and vehicles described in 61-3-303(6), the department shall provide distinctive nonremovable stickers indicating that the vehicle is permanently registered. The stickers must be affixed to the license plates in use.

     (4)  (a) Subject to the provisions of this section, the department shall create a new design for number plates as provided in this section, and it shall manufacture the newly designed number plates for issuance after December 31, 1999, to replace at renewal, as required in 61-3-312 and 61-3-314, number plates that were displayed on motor vehicles before that date.

     (b)  Beginning January 1, 2000, the department shall manufacture and issue new number plates every 4 years.

     (c)  A light vehicle that is registered for a 24-month period, as provided in 61-3-315 and 61-3-560, may display the number plate and plate design in effect at the time of registration for the entire 24-month registration period.

     (d)  A motorcycle, quadricycle, or light vehicle described in subsection (3)(b) that is permanently registered, as provided in 61-3-527 or 61-3-315 and 61-3-562, may display the number plate and plate design in effect at the time of registration for the entire period that the vehicle is permanently registered.

     (5)  In the case of passenger vehicles and trucks, plates must be of metal 6 inches wide and 12 inches in length. The outline of the state of Montana must be used as a distinctive border on the license plates, and the word "Montana" and the year must be placed across the plates. Registration plates must be treated with a reflectorized background material according to specifications prescribed by the department.

     (6)  The distinctive registration numbers must begin with a number one or with a letter-number combination, such as "A 1" or "AA 1", or any other similar combination of letters and numbers. The distinctive registration number or letter-number combination assigned to the vehicle must appear on the plate preceded by the number of the county and appearing in horizontal order on the same horizontal baseline. The county number must be separated from the distinctive registration number by a separation mark unless a letter-number combination is used. The dimensions of the numerals and letters must be determined by the department, and all county and registration numbers must be of equal height.

     (7)  For the use of exempt motor vehicles and motor vehicles that are exempt from the registration fee as provided in 61-3-560(2)(a), in addition to the markings provided in this section, number plates must bear the following distinctive markings:

     (a)  For vehicles owned by the state, the department may designate the prefix number for the various state departments. All numbered plates issued to state departments must bear the words "State Owned", and a year number may not be indicated on the plates because these numbered plates are of a permanent nature and will be replaced by the department only when the physical condition of numbered plates requires it.

     (b)  For vehicles that are owned by the counties, municipalities, and special districts, as defined in 18-8-202, organized under the laws of Montana and not operating for profit, and that are used and operated by officials and employees in the line of duty and for vehicles on loan from the United States government or the state of Montana to, or owned by, the civil air patrol and used and operated by officials and employees in the line of duty, there must be placed on the number plates assigned, in a position that the department may designate, the letter "X" or the word "EXEMPT". Distinctive registration numbers for plates assigned to motor vehicles of each of the counties in the state and those of the municipalities and special districts that obtain plates within each county must begin with number one and be numbered consecutively. Because these number plates are of a permanent nature, they are subject to replacement by the department only when the physical condition of the number plates requires it and a year number may not be displayed on the number plates.

     (8)  Number plates issued to a passenger vehicle, truck, trailer, motorcycle, or quadricycle may be transferred only to a replacement passenger vehicle, truck, trailer, motorcycle, or quadricycle. A registration or license fee may not be assessed upon a transfer of a number plate under 61-3-317 and 61-3-335.

     (9)  For the purpose of this chapter, the several counties of the state are assigned numbers as follows: Silver Bow, 1; Cascade, 2; Yellowstone, 3; Missoula, 4; Lewis and Clark, 5; Gallatin, 6; Flathead, 7; Fergus, 8; Powder River, 9; Carbon, 10; Phillips, 11; Hill, 12; Ravalli, 13; Custer, 14; Lake, 15; Dawson, 16; Roosevelt, 17; Beaverhead, 18; Chouteau, 19; Valley, 20; Toole, 21; Big Horn, 22; Musselshell, 23; Blaine, 24; Madison, 25; Pondera, 26; Richland, 27; Powell, 28; Rosebud, 29; Deer Lodge, 30; Teton, 31; Stillwater, 32; Treasure, 33; Sheridan, 34; Sanders, 35; Judith Basin, 36; Daniels, 37; Glacier, 38; Fallon, 39; Sweet Grass, 40; McCone, 41; Carter, 42; Broadwater, 43; Wheatland, 44; Prairie, 45; Granite, 46; Meagher, 47; Liberty, 48; Park, 49; Garfield, 50; Jefferson, 51; Wibaux, 52; Golden Valley, 53; Mineral, 54; Petroleum, 55; Lincoln, 56. Any new counties must be assigned numbers by the department as they may be formed, beginning with the number 57.

     (10) Each type of special license plate approved by the legislature, except collegiate license plates authorized in 61-3-463, must be a separate series of plates, numbered as provided in subsection (6), except that the county number must be replaced by a nonremovable design or decal designating the group or organization to which the applicant belongs. Unless otherwise specifically stated in this section, the special plates are subject to the same rules and laws as govern the issuance of regular license plates, must be placed or mounted on a vehicle owned by the person who is eligible to receive them, and must be removed upon sale or other disposition of the vehicle. The special license plates must be issued to national guard members, former prisoners of war, persons with disabilities, reservists, disabled veterans, survivors of the Pearl Harbor attack, veterans of the armed services, national guard veterans, legion of valor members, or veterans of the armed services who were awarded the purple heart medal, who comply with the following provisions:

     (a)  (i) An active member of the Montana national guard may be issued special license plates with a design or decal displaying the letters "NG". The adjutant general shall issue to each active member of the Montana national guard a certificate authorizing the department to issue national guard plates, numbered in sets of two with a different number on each set, and the member shall surrender the plates to the department upon becoming ineligible to use them.

     (ii) The department may issue national guard veteran plates, bearing a design or decal displaying the Montana national guard insignia and the words "National Guard veteran" and numbered in sets of two with a different number on each set, to an applicant who presents to the department a copy of certification of national guard retirement eligibility issued by the appropriate authorities for the applicant or the applicant's deceased spouse and who pays, in addition to all taxes and fees required by parts 3 and 5 of this chapter, a national guard veteran license plate fee of $10. The additional fee must be distributed in accordance with the provisions of subsection (12).

     (b)  An active member of the reserve armed forces of the United States of America who is a resident of this state may be issued special license plates with a design or decal displaying the following: United States army reserve, AR (symbol); United States naval reserve, NR (anchor); United States air force reserve, AFR (symbol); and United States marine corps reserve, MCR (globe and anchor). The commanding officer of each armed forces reserve unit shall issue to each eligible member of the reserve unit a certificate authorizing the issuance of special license plates, numbered in sets of two with a different number on each set. The member shall surrender the plates to the department upon becoming ineligible to use them.

     (c)  (i) Subject to the limitation in 61-3-453, a resident of Montana who is a veteran of the armed forces of the United States and who has been awarded the purple heart and is 50% or more disabled because of an injury that has been determined by the department of veterans affairs to be service-connected or who is 100% disabled because of an injury that has been determined by the department of veterans affairs to be service-connected may, upon presentation to the department of documentation required in subsection (10)(f)(i) and proof of the required disability, be issued:

     (A)  a special license plate under this section with the purple heart decal or a design or decal displaying the letters "DV"; or

     (B)  one set of any other military-related plates that the 50% or more disabled veteran who has been awarded the purple heart or the disabled veteran is eligible to receive under this section.

     (ii) The fee for original or renewal registration by a 100% disabled veteran for a motor vehicle, as defined in 61-1-102, that is not used for commercial purposes is $5 and is in lieu of all other fees and taxes for that vehicle under this chapter irrespective of which set of military license plates the veteran is eligible to receive and chooses to display under subsection (10)(c)(i).

     (iii) The fee for original or renewal registration for a motor vehicle, as defined in 61-1-102, that is not used for commercial purposes by a 50% or more disabled veteran who has been awarded the purple heart and who meets the criteria in subsection (10)(c)(i) is $5 and is in lieu of other taxes and fees for that vehicle under this chapter, except for the $10 fee required in subsection (10)(f)(iii), regardless of which set of military license plates the veteran is eligible to receive and chooses to display under subsection (10)(c)(i). Special license plates issued to a 50% or more disabled veteran who has been awarded the purple heart under subsection (10)(c) may be retained by a surviving spouse, subject to payment of all taxes and fees required under parts 3 and 4 of this chapter as provided in subsection (10)(f)(iii).

     (iv) Special license plates issued to a disabled veteran and, except as provided in subsection (10)(c)(iii), to a 50% or more disabled veteran who has been awarded the purple heart are not transferable to another person.

     (v)  A 50% or more disabled veteran who has been awarded the purple heart or a disabled veteran is not entitled to a special license plate for more than one vehicle.

     (vi) A vehicle that is lawfully displaying a disabled veteran's plate with a design or decal displaying the letters "DV" and that is conveying a 100% disabled veteran is entitled to the parking privileges allowed a person with a disability's vehicle under this title.

     (d)  (i) A Montana resident who is a veteran of the armed forces of the United States and was captured and held prisoner by a military force of a foreign nation, documented by the veteran's service record, may upon application and presentation of proof be issued special license plates, numbered in sets of two with a different number on each set, with a design or decal displaying the words "ex-prisoner of war" or an abbreviation that the department considers appropriate.

     (ii) Fees required under 61-3-321(1) and (6) may not be assessed upon one set of license plates issued to an ex-prisoner of war under this subsection (10)(d).

     (iii) A special license plate fee may not be assessed upon one set of special license plates issued to an ex-prisoner of war under this subsection (10)(d).

     (iv) An ex-prisoner of war is exempt from the registration fees imposed under 61-3-560 through 61-3-562 for one vehicle that displays a set of ex-prisoner of war license plates.

     (v)  A surviving spouse of an ex-prisoner of war may retain the special license plates that have been issued to the ex-prisoner of war if the spouse complies with the provisions of 61-3-457.

     (e)  Except as provided in subsections (10)(c) and (10)(d), upon payment of all taxes and fees required by parts 3 and 5 of this chapter and upon furnishing proof satisfactory to the department that the applicant meets the requirements of this subsection (10)(e), the department shall issue to a Montana resident who is a veteran of the armed services of the United States special license plates, numbered in sets of two with a different number on each set, designed to indicate that the applicant is a survivor of the Pearl Harbor attack if the applicant was a member of the United States armed forces on December 7, 1941, was on station on December 7, 1941, during the hours of 7:55 a.m. to 9:45 a.m. (Hawaii time) at Pearl Harbor, the island of Oahu, or was offshore at a distance of not more than 3 miles, and received an honorable discharge from the United States armed forces. If special license plates issued under subsection (10)(d) and this subsection are lost, stolen, or mutilated, the recipient of the plates is entitled to replacement plates upon request and without charge.

     (f)  A motor vehicle owner and resident of this state who is a veteran or the surviving spouse of a veteran of the armed services of the United States may be issued license plates inscribed as provided in subsection (10)(f)(i) if the veteran was separated from the armed services under other than dishonorable circumstances or was awarded the purple heart medal:

     (i)  Upon submission of a department of defense form 214(DD-214) or its successor or documents showing an other-than-dishonorable discharge or a reenlistment, proper identification, and other relevant documents to show an applicant's qualification under this subsection, there must be issued to the applicant, in lieu of the regular license plates prescribed by law, special license plates numbered in sets of two with a different number on each set. The plates must display:

     (A)  the word "VETERAN" and a symbol signifying the United States army, United States navy, United States air force, United States marine corps, or United States coast guard, according to the record of service verified in the application; or

     (B)  a symbol representing the purple heart medal.

     (ii) Plates must be furnished by the department to the county treasurer, who shall issue them to a qualified veteran or to the veteran's surviving spouse. The plates must be placed or mounted on the vehicle owned by the veteran or the veteran's surviving spouse designated in the application and must be removed upon sale or other disposition of the vehicle.

     (iii) Except as provided for 100% disabled veterans and ex-prisoners of war in subsections (10)(c) and (10)(d), a veteran or surviving spouse who receives special license plates under this subsection (10)(f) is liable for payment of all taxes and fees required under parts 3 and 4 of this chapter and a special veteran's or purple heart medal license plate fee of $10.

     (g)  A Montana resident who is eligible to receive a special parking permit under 49-4-301 may, upon written application on a form prescribed by the department, be issued a special license plate with a design or decal bearing a representation of a wheelchair as the symbol of a person with a disability.

     (h)  The department may issue legion of valor license plates, bearing a design or decal depicting the recognized legion of valor medallion and numbered in sets of two with a different number on each set, to an applicant who presents to the department proper documentation of receipt of a legion of valor award by appropriate authorities to the applicant or the applicant's deceased spouse and who pays all taxes and fees required by parts 3 and 5 of this chapter.

     (i)  An active member of the armed forces of the United States who is a resident of the state or who is stationed outside of Montana may be issued special license plates inscribed as provided in subsection (10)(f)(i)(A). The member's commanding officer may issue a certificate or some other relevant document to show the applicant's qualification and authorizing the issuance of the special license plates in sets of two with a different number on each set. The member is liable for payment of all taxes and fees required by this chapter, except as provided in 61-3-456.

     (11) The provisions of this section do not apply to a motor vehicle, trailer, or semitrailer that is registered as part of a fleet, as defined in 61-3-712, and that is subject to the provisions of 61-3-711 through 61-3-733.

     (12) Fees collected under this section must be deposited in the state general fund."

 

     Section 37.  Section 61-3-345, MCA, is amended to read:

     "61-3-345.  County motor vehicle computer system. (1) The department shall maintain a statewide online computer system to be used to register and, if applicable, reregister motor vehicles, boats, snowmobiles, and off-highway vehicles.

     (2)  The department shall establish the user advisory group to assist in the development of policies governing the registration and, if applicable, reregistration of motor vehicles, boats, snowmobiles, and off-highway vehicles. The user advisory group must be appointed by the attorney general and must include:

     (a)  an employee of the department of administration selected by the director of the department of administration;

     (b)  two county treasurers, selected by the Montana county treasurers association;

     (c)  one county motor vehicle section supervisor, selected by the Montana county treasurers association;

     (d)  an employee of the department of revenue who is engaged in property assessment, selected by the director of the department of revenue;

     (e)  an employee of the department of justice, data processing division, selected by the division administrator;

     (f)  an employee of the department of justice, motor vehicle division, registrar's bureau, selected by the division administrator;

     (g)  an employee of the department of justice, motor vehicle division, driver services bureau, selected by the division administrator;

     (h)  a member of the Montana bankers' association, selected by the association director;

     (i)  a member of the Montana automobile dealers association, selected by the association director; and

     (j)  a member or employee of the Montana American automobile association, selected by the association director.

     (3)  Committee members who are not employees of the state of Montana shall serve a term of 2 years, and state employee members shall serve at the pleasure of the attorney general.

     (4)  Travel and per diem expenses for the committee must be charged to the motor vehicle division.

     (5)  Secretarial and support services for the committee must be provided by the motor vehicle division.

     (6)  The committee shall meet no more than four times a year unless specifically called by the attorney general."

 

     Section 38.  Section 61-3-347, MCA, is amended to read:

     "61-3-347.  Duties of county motor vehicle computer committee. (1) The county motor vehicle computer committee shall:

     (a)  establish the requirements and specifications for the county motor vehicle computer system to be used by county treasurers and the department of justice to register and, if applicable, reregister motor vehicles, boats, snowmobiles, and off-highway vehicles;

     (b)  approve the purchase of computer equipment, including peripherals, to be used for the registration and, if applicable, reregistration of motor vehicles, boats, snowmobiles, and off-highway vehicles;

     (c)  approve the procedures for the development of the county motor vehicle computer system provided for in 61-3-345 and for training in the use of that system.

     (2)  As used in this section, "computer system" means the county motor vehicle application system and does not include the central computer centers or imply that the department of administration is responsible for establishing policy and operating and maintaining central computer centers."

 

     Section 39.  Section 61-3-521, MCA, is amended to read:

     "61-3-521.  Fee in lieu of tax for certain vehicles. (1) There is a fee in lieu of property tax imposed on motor homes, and travel trailers, and campers and on trailers, pole trailers, and semitrailers with a declared weight of less than 26,000 pounds. The fee is in addition to annual or one-time registration fees, as applicable.

     (2)  The fee imposed by subsection (1) need not be paid by a dealer for vehicles that constitute inventory of the dealership."

 

     Section 40.  Section 61-3-523, MCA, is amended to read:

     "61-3-523.  Schedule of fees One-time fee for travel trailers and campers. (1) The Except as provided in subsection (2), the fee imposed by 61-3-521 on a travel trailer that is less than 3 years old is $60. In all other cases the fee is $22.50 is $40 and is a one-time fee.

     (2)  The fee imposed by 61-3-521 on a camper that is less than 3 years old is $52.50. In all other cases the fee is $22.50.

     (3)  (a) Except as provided in subsection (3)(b), the age of a travel trailer or camper is determined by subtracting the manufacturer's designated model year from the current calendar year.

     (b)  If the purchase year of a travel trailer or camper precedes the designated model year of the travel trailer or camper and the travel trailer or camper is originally titled in Montana, then the purchase year is considered the model year for the purposes of calculating the fee in lieu of tax.

     (2) Except as provided in subsection (3), whenever a transfer of ownership of a travel trailer occurs, the one-time fee required under subsection (1) must be paid by the new owner.

     (3)  The fee need not be paid by a dealer for travel trailers that constitute inventory of the dealership."

 

     Section 41.  Section 61-3-526, MCA, is amended to read:

     "61-3-526.  Registration of motor homes and travel trailers -- reregistration by mail allowed. (1) All registrations of motor homes and travel trailers expire annually on April 30. Application for registration or reregistration must be made to the county treasurer not later than June 15. Reregistration may be made by mail in the manner provided in 61-3-535. If the ownership of a motor home or travel trailer is transferred during the registration year, it must be reregistered and relicensed as provided by statute.

     (2)  The owner of a motor home or travel trailer registered under the provisions of this section is entitled to operate such the vehicle between May 1 and June 15 without displaying the registration certificate of the current registration year if the owner, during that period, displays upon the motor home or travel trailer the number plates, plate, or decal assigned thereto to the vehicle for the previous registration year.

     (3) A travel trailer that is initially registered under this chapter remains registered unless ownership of the travel trailer is transferred. If ownership is transferred, the new owner shall register the travel trailer as if the travel trailer were being registered for the first time."

 

     Section 42.  Section 61-3-527, MCA, is amended to read:

     "61-3-527.  Fee One-time fee in lieu of tax for motorcycles and quadricycles -- schedule of fees -- permanent registration. (1) (a) There is a one-time fee in lieu of property tax of $40 imposed on motorcycles and quadricycles. The fee is in addition to annual registration fees.

     (b)  The fee imposed by subsection (1)(a) is not required to be paid by a dealer for motorcycles or quadricycles that constitute inventory of the dealership.

     (2)  The owner of a motorcycle or quadricycle shall pay a fee based on the age of the motorcycle or quadricycle and the size of the engine, as follows:

     (a)  The fee schedule for a motorcycle or quadricycle with an engine that measures from 1 cubic centimeter to 600 cubic centimeters is as follows:

     (i)  less than 5 years old, $30;

     (ii) 5 years old and less than 11 years old, $15; and

     (iii) 11 years old and older, $6.

     (b)  The fee schedule for a motorcycle or quadricycle with an engine that measures from 601 cubic centimeters to 1,000 cubic centimeters is as follows:

     (i)  less than 5 years old, $55;

     (ii) 5 years old and less than 11 years old, $20; and

     (iii) 11 years old and older, $6.

     (c)  The fee schedule for a motorcycle or quadricycle with an engine that measures 1,001 cubic centimeters and larger is as follows:

     (i)  less than 5 years old, $90;

     (ii) 5 years old and less than 11 years old, $50; and

     (iii) 11 years old and older, $6.

     (3)  (a) Except as provided in subsection (3)(b), the age of a motorcycle or quadricycle is determined by subtracting the manufacturer's designated model year from the current calendar year.

     (b)  If the purchase year of a motorcycle or quadricycle precedes the designated model year of the motorcycle or quadricycle and the motorcycle or quadricycle is originally titled in Montana, then the purchase year is considered the model year for the purposes of calculating the fee in lieu of tax.

     (4)  (a) The owner of a motorcycle or quadricycle that is 11 years old or older and that is subject to the fee in lieu of tax under this section may permanently register the motorcycle or quadricycle upon payment of a $30 fee in lieu of tax, the applicable registration and license fees under 61-3-321, and an amount equal to five times the applicable fees imposed or amounts calculated for each of the following:

     (i)  the motorcycle safety fee under 61-3-321 to be deposited in the account provided for in 20-25-1002;

     (ii) weed control under 15-1-122(3)(b);

     (iii) $1 for the former county motor vehicle computer fee; and

     (iv) if applicable, renewal fees for personalized plates under 61-3-406.

     (b)(2)  A person who permanently registers a motorcycle or quadricycle as provided in this subsection (4) section shall pay an additional $2 one-time fee of $2 at the time of registration for deposit in the state general fund. The department shall pay from the general fund an amount equal to the $2 fee collected under this subsection (4)(b) from each vehicle registration to the pension trust fund for payment of supplemental benefits provided for in 19-6-709.

     (3) Whenever a transfer of ownership of a motorcycle or quadricycle occurs, the one-time fees required under this section must be paid by the new owner. (Subsection (4)(b) (2) terminates on occurrence of contingency--sec. 24, Ch. 191, L. 2001.)"

 

     Section 43.  Section 61-3-530, MCA, is amended to read:

     "61-3-530.  Schedule of fees Fee for trailers -- exception. (1) Except as provided in subsection (4) subsections (2) and (3), the owner of a trailer, pole trailer, or semitrailer that has a declared weight of less than 26,000 pounds shall pay the fee imposed pursuant to 61-3-521. The fee is based on the age and declared weight of the trailer or semitrailer according to the following schedule:

Age (in years)     Declared Weight (in pounds)

     0-6,000                                               6,001-16,000     16,001-25,999

Less than 5 years old                              $16                                $55                                           & #160;        $74

5 years old and less than 10 years old    11                                    32                                                    41

10 years old and older                             6                                      17                                      &# 160;             23

     (2)  (a)  Except as provided in subsection (2)(b), the age of a trailer, pole trailer, or semitrailer is determined by subtracting the manufacturer's designated model year from the current calendar year. For trailers, pole trailers, and semitrailers that do not have a designated model year, the department shall determine a year of manufacture.

     (b)  If the purchase year of a trailer, pole trailer, or semitrailer precedes the designated model year of the trailer, pole trailer, or semitrailer and the trailer, pole trailer, or semitrailer is originally titled in Montana, then the purchase year is considered the model year for the purposes of calculating the fee in lieu of tax.

     (3)  The declared weight is the total unladen weight of the trailer, pole trailer, or semitrailer plus the maximum load declared by the owner to be carried on the trailer, pole trailer, or semitrailer $120 and is a one-time fee.

     (4)(2)  This section does not apply to a trailer, pole trailer, or semitrailer that has a declared weight of less than 26,000 pounds and that:

     (a) is registered through a proportional registration agreement under 61-3-721; or

     (b) constitutes inventory of a trailer, pole trailer, or semitrailer dealership.

     (3) Whenever a transfer of ownership of a trailer, pole trailer, or semitrailer described in subsection (1) occurs, the one-time fee required under subsection (1) must be paid by the new owner."

 

     Section 44.  Section 61-3-560, MCA, is amended to read:

     "61-3-560.  Light vehicle registration fee -- exemptions -- 24-month registration. (1) Except as provided in subsections (2) and (3), there is a registration fee imposed on light vehicles. The registration fee is in addition to other annual registration fees.

     (2)  The following vehicles are exempt from the fee imposed in subsection (1):

     (a)  light vehicles that meet the description of property exempt from taxation under 15-6-201(1)(a), (1)(c) through (1)(e), (1)(g), (1)(m), (1)(o), (1)(q), or (1)(w), 15-6-203, or 15-6-215, except as provided in 61-3-520;

     (b)  a light vehicle owned by a 100% disabled veteran or by a 50% or more disabled veteran who has been awarded the purple heart qualifying for one set of special license plates under 61-3-332(10)(c) or 61-3-426;

     (c)  a light vehicle owned by an ex-prisoner of war qualifying for one set of special plates under 61-3-332(10)(d) or a surviving spouse of an ex-prisoner of war under 61-3-457; and

     (d)  a light vehicle registered under 61-3-456.

     (3)  A dealer for light vehicles is not required to pay the registration fee for light vehicles that constitute inventory of the dealership and that are reported under 61-3-501.

     (4)  The owner of a light vehicle subject to the provisions of 61-3-313 through 61-3-316 may register the light vehicle for a period not to exceed 24 months. The application for registration or reregistration must be accompanied by the registration fee and all other fees required in this chapter for each 12-month period of the 24-month period. However, the registration fees required under 61-3-321(1)(a) or (1)(b) paid at the time of registration or reregistration apply for the entire 24-month registration period."

 

     Section 45.  Section 61-3-570, MCA, is amended to read:

     "61-3-570.  Local option flat fee. (1) A local option flat fee for each vehicle may be imposed within a county by the board of county commissioners by adoption of a resolution and referral to the electorate. The imposition of the fee must be approved by the majority of the electorate voting in the election.

     (2) The Except as provided in subsection (3), the flat fee is:

     (a) applicable annually for vehicles that must be registered annually; and

     (b) a one-time fee for vehicles described in 61-3-303(6) or 61-3-562.

     (3) Fees collected under this section must be distributed as provided in 61-3-537."

 

     Section 46.  Section 24, Chapter 191, Laws of 2001, is amended to read:

     "Section 24. Termination. The provisions of 61-3-321(5)(b) and (5)(c), 61-3-527(4)(b)(2), and 61-3-562(1)(b) terminate upon the death of the last recipient eligible under 19-6-709(2) for the supplemental benefit provided by 19-6-709."

 

     NEW SECTION.  Section 47.  Repealer. Sections 23-2-618, 23-2-620, 23-2-810, 61-3-519, 61-3-524, 61-3-525, and 61-3-606, MCA, are repealed.

 

     NEW SECTION.  Section 48.  Applicability. [This act] applies to vehicles registered or reregistered on or after January 1, 2004.

- END -

 


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