2003 Montana Legislature

About Bill -- Links

Seal

SENATE BILL NO. 336

INTRODUCED BY MAHLUM, BOHLINGER, BRUEGGEMAN, DEPRATU, KAUFMANN, KEENAN, NELSON, PATTISON

 

AN ACT IMPLEMENTING RECOMMENDATIONS OF THE STATE PARK FUTURES II COMMITTEE TO IMPROVE THE OPERATION AND FUNDING OF THE STATE PARK SYSTEM; ASSESSING AN OPTIONAL $4 FEE FOR EACH PASSENGER CAR OR TRUCK UNDER 8,001 POUNDS GVW THAT IS REGISTERED FOR LICENSING AND DIRECTING THAT THE FEE BE USED FOR STATE PARKS, FOR FISHING ACCESS SITES, AND FOR THE OPERATION OF STATE-OWNED FACILITIES AT VIRGINIA CITY AND NEVADA CITY; ALLOWING THE REGISTRANT OF A PASSENGER CAR OR TRUCK UNDER 8,001 POUNDS GVW TO MAKE A WRITTEN ELECTION NOT TO PAY THE ADDITIONAL $4 FEE IF THE REGISTRANT DOES NOT INTEND TO USE STATE PARKS AND FISHING ACCESS SITES; PROVIDING THAT PERSONS WHO PAY THE OPTIONAL FEE MAY NOT BE REQUIRED TO PAY A DAY-USE FEE FOR ACCESS TO STATE PARKS; AMENDING SECTIONS 15-1-122, 23-1-105, AND 61-3-321, MCA; AND PROVIDING A DELAYED EFFECTIVE 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 the fee in lieu of tax, 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 or reregistration 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 23-2-644 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; and

     (vii) to the state special revenue fund established in 23-1-105, $4 for each passenger car or truck under 8,001 pounds GVW registered for licensing pursuant to 61-3-321(10)(a), with $3.50 of the money used for state parks, 25 cents used for fishing access sites, and 25 cents used for the operation of state-owned facilities at Virginia City and Nevada City;

     (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 trailers or semitrailers registered in other jurisdictions and registered through a proportional registration agreement; 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)(4)  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)(5)  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 23-1-105, MCA, is amended to read:

     "23-1-105.  Fees and charges. (1) The department may levy and collect reasonable fees or other charges for the use of privileges and conveniences that may be provided and to grant concessions that it considers advisable, except as provided in subsection subsections (2) and (6). All money derived from the activities of the department, except as provided in subsection (5), must be deposited in the state treasury in a state special revenue fund to the credit of the department.

     (2)  Overnight camping fees established by the department under subsection (1) must be discounted 50% for a campsite rented by a person who is a resident of Montana, as defined in 87-2-102, and either 62 years of age or older or certified as disabled in accordance with rules adopted by the department.

     (3)  For a violation of any fee collection rule involving a vehicle, the registered owner of the vehicle at the time of the violation is personally responsible if an adult is not in the vehicle at the time the violation is discovered by an authorized officer. A defense that the vehicle was driven into the fee area by another person is not allowable unless it is shown that at that time, the vehicle was being used without the consent of the registered owner.

     (4)  Money received from the collection of fees and charges is not subject to the deposit requirements of 17-6-105. The department shall deposit money collected under this section within a reasonable time after receipt.

     (5)  There is a fund of the enterprise fund type, as defined in 17-2-102(1)(b)(i), for the purpose of managing state park visitor services revenue. The fund is to be used by the department to serve the recreating public by providing for the obtaining of inventory through purchase, production, or donation and for the sale of educational, commemorative, and interpretive merchandise and other related goods and services at department sites and facilities. The fund consists of money from the sale of educational, commemorative, and interpretive merchandise and other related goods and services and from donations. Gross revenue from the sale of educational, commemorative, and interpretive merchandise and other related goods and services must be deposited in the fund. All interest and earnings on money deposited in the fund must be credited to the fund for use as provided in this subsection.

     (6) In recognition of the fact that individuals support state parks through the payment of certain motor vehicle registration fees, persons who pay the fee provided for in 61-3-321(10)(a) may not be required to pay a day-use fee for access to state parks. Other fees for the use of state parks and fishing access sites, such as overnight camping fees, are still chargeable and may be collected by the department."

 

     Section 3.  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 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;

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

     (i)  over 2,850 pounds, $10; and

     (ii) under 2,850 pounds, $5;

     (d)  off-highway vehicles registered pursuant to 23-2-817, $9;

     (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;

     (i)  trailers and semitrailers between 2,500 and 6,000 pounds, $11.25;

     (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;

     (k)  travel trailers, $11.75; and

     (l)  recreational vehicles, $3.50.

     (2)  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.

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

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

     (ii) travel trailers, recreational vehicles, and off-highway vehicles registered pursuant to 23-2-817.

     (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.

     (10) (a) Unless a person exercises the option in subsection (10)(b), an additional fee of $4 must be collected for each light vehicle or truck under 8,001 pounds GVW registered for licensing pursuant to this part. The fee must be deposited in the state general fund to be used for state parks, for fishing access sites, and for the operation of state-owned facilities as provided in 15-1-122(3)(c)(vii).

     (b) A person who registers a light vehicle or truck under 8,001 pounds GVW may, at the time of annual registration, certify that the person does not intend to use state parks and fishing access sites and may make a written election not to pay the additional $4 fee provided for in subsection (10)(a). If a written election is made, the fee may not be collected."

 

     Section 4.  Saving clause. [This act] does not affect rights and duties that matured, penalties that were incurred, or proceedings that were begun before [the effective date of this act].

 

     Section 5.  Severability. If a part of [this act] is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.

 

     Section 6.  Effective date. [This act] is effective January 1, 2004.

- END -

 


Latest Version of SB 336 (SB0336.ENR)
Processed for the Web on April 29, 2003 (3:58pm)

New language in a bill appears underlined, deleted material appears stricken.

Sponsor names are handwritten on introduced bills, hence do not appear on the bill until it is reprinted.

See the status of this bill for the bill's primary sponsor.

 Status of this Bill | 2003 Legislature | Leg. Branch Home
All versions of this bill inPDF
Authorized print version w/line numbers (PDF format)

Prepared by Montana Legislative Services
(406) 444-3064