SENATE BILL NO. 161

INTRODUCED BY G. JERGESON

A BILL FOR AN ACT ENTITLED: "AN ACT AUTHORIZING THE DEPARTMENT OF JUSTICE TO ENTER INTO A COOPERATIVE AGREEMENT WITH A TRIBAL GOVERNMENT FOR THE ISSUANCE OF SOVEREIGN NATION LICENSE PLATES; AUTHORIZING THE COLLECTION AND DISTRIBUTION OF FEES IN ADDITION TO REGULAR LICENSE PLATE FEES; AMENDING SECTION 61-3-403, MCA; PROVIDING A CONTINGENT VOIDNESS PROVISION; AND PROVIDING A DELAYED EFFECTIVE DATE AND AN APPLICABILITY DATE."

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

NEW SECTION. Section 1. Short title. [Sections 1 through 6] may be cited as the "Montana Sovereign Nation License Plate Act."

NEW SECTION. Section 2. Definitions. As used in [sections 1 through 6], the following definitions apply:

(1) "Sovereign nation license plate" means a license plate bearing a design, numerals, letters, and insignia as provided in a cooperative agreement entered into under [section 3].

(2) "Tribal government" means the officially recognized government of an Indian tribe, nation, or other organized Indian group or community located in Montana exercising self-government powers and recognized as being eligible for services provided by the United States to Indians because of their status as Indians.

NEW SECTION. Section 3. Sovereign nation license plates. (1) The department is authorized to enter into a cooperative agreement with a tribal government, pursuant to Title 18, chapter 11, part 1, to manufacture and issue sovereign nation license plates as provided in [sections 1 through 6].

(2) Each sovereign nation license plate must be imprinted consecutively with distinctive numerals from 1 through 99999, capital letters, must be of metal 6 inches wide and 12 inches in length, and must have a light-colored reflectorized background.

(3) Except as provided in subsection (4), an issue of sovereign nation license plates may not be ordered and manufactured for an individual Indian tribe unless a minimum of 400 sets of plates are ordered and prepaid.

(4) An issue of sovereign nation license plates may be ordered and manufactured for less than 400 sets of plates if the cooperative agreement entered into under subsection (1) provides that the tribal government will pay for the cost of manufacture of the sovereign nation license plates.

NEW SECTION. Section 4. Issuance -- application for sovereign nation license plates. (1) An applicant for sovereign nation license plates or renewal of sovereign nation license plates shall apply in the form and by the date provided in the cooperative agreement entered into under [section 3].

(2) The department shall issue or renew sovereign nation license plates upon:

(a) compliance with 61-3-303, 61-3-311, 61-3-312, and the terms of the cooperative agreement; and

(b) payment to the county treasurer of:

(i) an initial application and manufacturing fee of $2.50, unless a different amount is set in the cooperative agreement; and

(ii) any additional fee set forth in the cooperative agreement.

(3) Once each month, the county treasurer shall transfer to the state treasurer the total of the amounts collected for:

(a) the initial application and manufacturing fee for deposit in the Montana state prison industries account in the proprietary fund to pay the cost of manufacturing sovereign nation license plates; and

(b) additional fees provided for in subsection (2)(b)(ii), along with a schedule showing the number of sovereign nation license plates issued and the total amount of fees received for the benefit of each tribal government.

(4) If the cooperative agreement provides for fees to the tribal government, the state treasurer shall once each month distribute to each tribal government an amount equal to the total amount of fees credited to that tribal government and transferred to the state treasurer by the county treasurers during the preceding month.

NEW SECTION. Section 5. Personalized sovereign nation license plates. (1) Subject to the provisions of 61-3-405 and 61-3-406, an application for sovereign nation license plates may be combined with an application for personalized plates.

(2) An application for personalized sovereign nation license plates must be made in the form provided for in the cooperative agreement entered into under [section 3].

(3) Personalized sovereign nation license plates must bear the distinctive color, design, or insignia set forth in the cooperative agreement entered into under [section 3].

NEW SECTION. Section 6. Authorization to receive and transmit tribal license plates. As provided in [section 4] and notwithstanding any other provisions of Title 7, Title 17, or this title:

(1) the county treasurer shall receive the additional fees provided for in [section 4(2)(b)(ii)] and transmit those fees once each month to the state treasurer; and

(2) the state treasurer shall accept the additional fees and shall once each month distribute the accumulated proceeds to the tribal governments specified by and according to the totals contained in the county treasurers' reports.

Section 7. Section 61-3-403, MCA, is amended to read:

"61-3-403. Color and design of personalized license plates -- exception -- county designation. (1) Except as provided in 61-3-466 and [section 5], the personalized license plates must be the same color and design as regular passenger motor vehicle license plates and must consist of numbers or letters, or any combination of numbers or letters, not exceeding eight positions and not less than two positions, provided that there are no conflicts with existing passenger, commercial, trailer, motorcycle, quadricycle, or special license plate series under this title.

(2) Except for plates issued pursuant to [section 5], upon the issuance of personalized license plates or upon the reregistration of any motor vehicle assigned personalized license plates that do not bear a county designation or no longer bear the correct county designation, the department shall provide nonremovable stickers bearing the appropriate county designation, which must be affixed to the license plates in use in accordance with instructions by the department."

NEW SECTION. Section 8. Codification instruction. [Sections 1 through 6] are intended to be codified as an integral part of Title 61, chapter 3, part 4, and the provisions of Title 61, chapter 3, part 4, apply to [sections 1 through 6].

NEW SECTION. Section 9. Contingent voidness. (1) If Constitutional Initiative No. 75, enacting Article VIII, section 17, of the Montana constitution is declared invalid, then [this act] is effective as provided in [section 10].

(2) If [LC 696] is submitted to and is not approved by the electorate, then [this act] is void.

NEW SECTION. Section 10. Effective date. [This act] is effective January 1, 2001, and applies to registrations of motor vehicles occurring after December 31, 2000.

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