SENATE BILL NO. 113
INTRODUCED BY D. MAHLUM
BY REQUEST OF THE DEPARTMENT OF JUSTICE
AN ACT GENERALLY REVISING THE LAWS GOVERNING THE LICENSING OF DEALERS AND WHOLESALERS OF MOTOR VEHICLES, RECREATIONAL VEHICLES, MOTORCYCLES, QUADRICYCLES, TRAILERS, AND SPECIAL MOBILE EQUIPMENT BY THE DEPARTMENT OF JUSTICE; DEFINING THE TERMS "NEW MOTOR VEHICLE", "ESTABLISHED PLACE OF BUSINESS", AND "RETAIL SALE"; AUTHORIZING COMPLIANCE SPECIALISTS DESIGNATED BY THE DEPARTMENT AND TRAINED AS PEACE OFFICERS TO ISSUE CITATIONS FOR VIOLATIONS OF DEALER LAWS AND CERTAIN VEHICLE TITLE AND REGISTRATION LAWS; REQUIRING DEALERS TO DISPLAY ON A SALES LOT NEW OR USED MOTOR VEHICLES BEARING EITHER A MONRONEY LABEL OR BUYER'S GUIDE LABEL AS APPROPRIATE; REQUIRING DEALERS TO INSTALL AND MAINTAIN LISTED TELEPHONE SERVICE AND TO POST WRITTEN NOTICE OF REGULAR AND CUSTOMARY BUSINESS HOURS AT THE DEALER'S ESTABLISHED PLACE OF BUSINESS; REQUIRING DEALERS AND WHOLESALERS TO MAINTAIN GARAGE KEEPERS LIABILITY INSURANCE; CLARIFYING THE DUTY OF AN APPLICANT FOR A DEALER'S LICENSE TO DISCLOSE FELONY OFFENSES FOR WHICH A DETERMINATION OF GUILT WAS MADE AND TO SUMMARIZE CONDUCT GIVING RISE TO THE CHARGE; REQUIRING DEALER'S LICENSE OR WHOLESALER'S LICENSE APPLICANTS TO PROVIDE CERTAIN INFORMATION ABOUT GARAGE KEEPERS LIABILITY COVERAGE OBTAINED BY THE APPLICANT; CONDITIONING USED MOTOR VEHICLE DEALER LICENSE RENEWAL ON A MINIMUM OF 12 RETAIL SALES OF USED MOTOR VEHICLES IN A PRIOR LICENSE TERM; RETAINING SEPARATE LICENSE RENEWAL REQUIREMENTS FOR A USED MOTOR VEHICLE DEALER WHO IS ALSO A QUALIFIED TOW TRUCK OPERATOR OR A LICENSED MOTOR VEHICLE WRECKING FACILITY; DENYING LICENSE RENEWAL TO USED MOTOR VEHICLE DEALERS WHO FAIL TO MEET MINIMUM RETAIL SALES REQUIREMENTS IN THE PRECEDING LICENSE YEAR AND WITHHOLDING DEALER LICENSE ELIGIBILITY FROM THOSE DEALERS FOR THE SUCCEEDING 12-MONTH PERIOD; EXEMPTING USED MOTOR VEHICLE DEALERS LICENSED BY THE DEPARTMENT OF JUSTICE ON OR BEFORE DECEMBER 31, 1999, FROM THE MINIMUM RETAIL SALES REQUIREMENTS FOR LICENSE RENEWAL; CONDITIONING WHOLESALER'S LICENSE RENEWAL ON A MINIMUM OF 12 SALES OF VEHICLES OF THE TYPE AUTHORIZED UNDER THE LICENSE TO A LICENSED DEALER, AUTO AUCTION, OR ANOTHER WHOLESALER IN THE PRECEDING LICENSE YEAR; DENYING LICENSE RENEWAL TO WHOLESALERS WHO FAIL TO MEET MINIMUM SALES REQUIREMENTS IN THE PRECEDING LICENSE YEAR AND WITHHOLDING WHOLESALER LICENSE ELIGIBILITY FROM THOSE WHOLESALERS FOR THE SUCCEEDING 12-MONTH PERIOD; CLARIFYING THE DEFINITION OF DEALER TO INCLUDE THE BUSINESS OF ACCEPTING VEHICLES ON CONSIGNMENT AND OTHERWISE BUYING, SELLING, EXCHANGING, OR ACTING AS A BROKER OF VEHICLES NOT TITLED AND REGISTERED IN THE DEALER'S NAME; EXTENDING ABATEMENT OF VEHICLE TAXES ON PROPERLY REPORTED DEALER INVENTORY TO TRANSFERS TO OR FROM OTHER MONTANA-LICENSED DEALERS, WHOLESALERS, OR AUTO AUCTIONS PRIOR TO RETAIL SALE; REDUCING CERTAIN DEALER LICENSE FEES; CODIFYING THE CURRENT FEE CHARGED FOR DEMONSTRATOR PLATES; AMENDING SECTIONS 20-7-514, 61-1-132, 61-1-314, 61-3-101, 61-3-103, 61-3-206, 61-3-301, 61-3-432, 61-3-501, 61-3-502, 61-3-508, 61-3-602, 61-4-101, 61-4-102, 61-4-104, 61-4-105, 61-4-107, 61-4-108, 61-4-120, 61-4-205, AND 61-10-214, MCA; REPEALING SECTION 61-4-103, MCA; AND PROVIDING EFFECTIVE DATES AND AN APPLICABILITY DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Established place of business. (1) "Established place of business" means the geographic location upon which a permanent building is located that is actually occupied either continuously or at regular periods by a dealer. A building is actually occupied by a dealer if the dealer's books and records are kept in the building, and except for approved off-premises sales, the dealer's business is transacted within the building.
(2) A dealer's established place of business may also include the geographic location of one or more physical lots upon which vehicles are displayed for sale, as long as the requirements of 61-4-101(4)(d) regulating the distance between display lots and the recordkeeping building are met.
(3) The geographic location of the permanent building actually occupied by the dealer or the geographic location of the physical lots upon which vehicles are displayed for sale may be identified by street address, legal description, or other reasonably identifiable description, as prescribed by the department.
Section 2. New motor vehicle. "New motor vehicle" means a motor vehicle, regardless of the mileage of the vehicle, the legal or equitable title to which has never been transferred by a manufacturer, distributor, or dealer to another person as the result of a retail sale.
Section 3. Retail sale. (1) "Retail sale" means the sale of a new motor vehicle or used motor vehicle, a recreational vehicle, a trailer, a motorcycle, a quadricycle, or special mobile equipment by a dealer to a person for purposes other than resale.
(2) For purposes of chapter 4, part 1, of this title, "retail sale" does not mean a sale that is the result of a transfer between a dealer, wholesaler, or auto auction and another dealer, wholesaler, or auto auction.
Section 4. Compliance specialists as peace officers. (1) The department may designate and train civilian employees as compliance specialists within the motor vehicle division. Each compliance specialist is a peace officer whose jurisdiction is limited to enforcement of violations of Title 61, chapter 3, parts 1, 2, 3, 4, and 6 and chapter 4.
(2) As a peace officer, a trained compliance specialist may:
(a) issue citations and make arrests;
(b) issue summonses;
(c) accept bail;
(d) serve warrants of arrest;
(e) make reasonable inspections of a dealer's established place of business and vehicle inventory; and
(f) require production of documents relating to the sale, purchase, exchange, or consignment of any vehicle currently or previously in a dealer's inventory or displayed for sale by the dealer or relating to any obligation imposed on a dealer under this title.
(3) For purposes of this section, the term "dealer" includes a dealer of any vehicle type, a wholesaler, or an auto auction, subject to licensure by the department under this chapter.
Section 5. Dealer requirements and restrictions. (1) A dealer may not offer for sale, trade, or consignment any vehicle type not authorized by the license issued to the dealer by the department or use a dealer or demonstrator plate on a vehicle of a type for which the dealer is not licensed.
(2) A dealer may not exhibit at the dealer's established place of business or any approved off-premises sale location, a vehicle for sale, trade, or consignment unless the Monroney label required for new motor vehicles pursuant to 15 U.S.C. 1232 or the buyer's guide label required for used motor vehicles pursuant to 16 CFR, part 455, is affixed to the side window of the vehicle or is conspicuously displayed within the vehicle in a fashion that is readily readable by a customer.
(3) A dealer may not sell vehicles from a geographic location other than that of the dealer's established place of business as listed on the dealer's license unless the dealer notifies the department 10 days in advance, on a form prescribed by the department, of the opening date and location of an off-premises sale. Except for recreational vehicle dealers, an off-premises sale must be conducted within the city limits of the city of the dealer's licensed location or upon an adjacent off-premises site that is approved by the department and that is within the county of the dealer's licensed location. The sale may not exceed 10 consecutive business days, and a licensed dealer may not conduct more than 10 off-premises sales during any 1 calendar year.
(4) If more than one dealer displays vehicles and maintains an established place of business at the same geographic location, each dealer shall ensure that all vehicle records, office facilities, and inventory, if applicable, are physically segregated from those of the other dealer and clearly identified and attributed to the appropriate dealer.
(5) A dealer shall install and maintain telephone service at the dealer's established place of business. The telephone service must be listed in the directory assistance that applies to the area in which the business is located.
(6) A dealer shall conspicuously post at the dealer's established place of business written notice indicating the regular and customary office hours maintained by the dealer.
(7) (a) It is the responsibility of the dealer to ensure that a lapse in required garage keepers legal liability insurance does not occur as a result of cancellation or termination of a previously certified policy.
(b) This subsection (7) does not relieve a dealer of the mandatory vehicle liability insurance obligation imposed under chapter 6 of this title.
(8) A dealer shall display at the dealer's established place of business at least one sign stating the name of the business and indicating that vehicles are offered for sale, trade, or consignment. The letters of the sign must be at least 6 inches in height and clearly visible and readable to the major avenue of traffic at a minimum distance of 150 feet.
Section 6. License renewal -- fee -- dealer license suspension. (1) On or before December 31 of each year, a dealer shall apply to the department for renewal of the dealer's license for an additional 1 year period.
(2) (a) To qualify for renewal, a dealer shall submit a completed application, in a form prescribed by the department, updating prior submitted information concerning owner identity, other ownership interest, felony conduct, garage keeper liability insurance, and surety bond filings, as originally required under 61-4-101, and providing any other relevant information requested by the department.
(b) The department may also require a renewal applicant to submit one or more current photographs of the dealer's established place of business or the signage for the business.
(c) If a dealer seeks to change the geographic location of the dealer's established place of business, the dealer shall also provide information concerning local land use planning, zoning, and business permitting compliance, if applicable, and a diagram or plat for the proposed location, consistent with the requirements of 61-4-101.
(3) Except as provided in subsection (4)(c), a license renewal application must be accompanied by a $5 application fee and one or more of the following license fees, depending on the type of license renewal being sought:
(a) $25 for a new motor vehicle, used motor vehicle, new recreational vehicle, or used recreational vehicle dealer's license; and
(b) $25 for a motorcycle or trailer dealer's license.
(4) (a) Except as provided in subsections (4)(b) and (4)(c), a used motor vehicle dealer seeking license renewal shall also certify, under penalty of law, to the retail sale of 12 or more used motor vehicles during the expiring license term. A used motor vehicle dealer licensed for less than a full calendar year in the expiring license term shall certify, under penalty of law, to the retail sale of an average of at least one used motor vehicle a calendar month or portion of a calendar month, for which the expiring license was in effect.
(b) The minimum retail sales requirements of this subsection do not apply to a dealer seeking to renew a used motor vehicle dealer's license and either a new motor vehicle dealer license or a new recreational vehicle dealer license.
(c) (i) To qualify for renewal, a used motor vehicle dealer who is also a qualified tow truck operator, as defined in 61-8-903, shall certify, under penalty of law, to the retail sale of five or more used motor vehicles during the expiring license term or pay a fee of $25 in addition to the application and license fee required in subsection (3).
(ii) A renewal applicant licensed as a motor vehicle wrecking facility under Title 75, chapter 10, part 5, is exempt from the minimum retail sales requirements of subsection (4)(a), as well as the additional renewal or the lower minimum sales requirements of this subsection.
(iii) If a used motor vehicle dealer also qualified as a tow truck operator loses the status of a qualified tow truck operator under 61-8-903, the dealer's license may be retained for the remainder of the license term, but after the current term, the dealer is subject to the retail sales requirements of subsection (4)(a).
(iv) If a used motor vehicle dealer also licensed as a motor vehicle wrecking facility ceases to do business as a wrecking facility and surrenders the wrecking facility license to the department of environmental quality, the dealer license may be retained for the remainder of the license term, but after the current term, the dealer is subject to the retail sales requirements of subsection (4)(a).
(d) A dealer who fails to meet the retail sales requirements for license renewal under subsection (4)(a) is not eligible for license renewal and may not submit an application for another used motor vehicle dealer's license or a wholesaler's license for a period of 12 months from the expiration of the dealer's most recent license term.
(5) A dealer whose completed renewal application is received by the department on or before December 31 of the expiring license term may, if necessary, continue dealership operations and display or use dealer or demonstrator plates under the expired license through February 15 of the following year.
Section 7. Wholesaler's license. (1) (a) The department is authorized to issue a wholesaler's license to any person that it determines is qualified to hold a license under the provisions of this section.
(b) A wholesaler is authorized to sell used motor vehicles, used recreational vehicles, trailers, motorcycles, quadricycles, or special mobile equipment. However, a wholesaler may sell a vehicle only to a dealer, an auto auction, or another wholesaler. Retail sale of vehicles by a wholesaler is not allowed.
(c) A wholesaler's license issued by the department has a term of 1 calendar year, commencing on or after January 1 in the year of issue and expiring on December 31 of the same year.
(d) The department shall design and issue wholesaler demonstrator plates, of a similar sequence to demonstrator plates issued to dealers but that conspicuously display the term "wholesaler" or the abbreviation "W".
(2) To qualify for a wholesaler's license, an applicant shall submit a completed application, in a form prescribed by the department, that provides the following:
(a) the name under which the applicant intends to conduct business and the name, address, date of birth, and social security number of any person who possesses or will possess an ownership interest in the business for which the license is sought. If the applicant is a corporation, the personal information required in this subsection (2)(a) must be provided for each corporate officer and the person designated by the corporation to manage or oversee the dealership;
(b) for each person subject to the provisions of subsection (2)(a) whether the person has:
(i) an ownership interest in a vehicle dealership or wholesaler business in Montana or another jurisdiction and if so, the name and address of each dealership or wholesaler; and
(ii) been found guilty of, or pleaded guilty to, a felony in this or any other jurisdiction, and if so, provide a summary of the conduct giving rise to the felony charge, including the dates of the conduct and any judicial proceeding pertaining to the conduct, and the name and address of any court in which the matter was heard;
(c) the name, address, and telephone number of the insurance carrier from whom the applicant has acquired garage keepers liability insurance and the name, address, and telephone number of the local insurance agent for the carrier and the applicant's policy number. The insurance must cover any vehicle bearing a wholesaler demonstrator plate that is offered for demonstration or loan to, or otherwise operated by, a customer in the regular course of the applicant's business;
(d) the street address of the permanent nonresidential building or office where business records will be kept and available for inspection by the department; and
(e) a bond of $25,000 filed with the department on behalf of the applicant. The bond must be conditioned that the applicant shall conduct business in accordance with the requirements of the law. The bond must be approved by the department and subject to annual renewal.
(3) The application fee for a wholesaler's license is $5, and the license fee is $25. Both fees must accompany an original or renewal wholesaler's license application.
(4) Wholesalers may not be issued or use dealer plates, as provided in 61-4-102. However, a wholesaler may be issued and is authorized to display and use a wholesaler demonstrator plate on any type of vehicle that a wholesaler is authorized to sell. The fee for a wholesaler demonstrator plate is $3. To the extent not inconsistent with this section, use of wholesaler demonstrator plates is otherwise governed by [section 23].
(5) (a) A wholesaler license must be renewed annually, and application for renewal must be filed on or before December 31 of the expiring license term.
(b) To qualify for renewal of a wholesaler's license, a wholesaler must submit a completed application, in a form prescribed by the department, updating prior submitted information, as originally supplied under subsection (2).
(c) Additionally, the wholesaler shall certify, under penalty of law, that 12 or more vehicles of the type authorized under the license were sold by the wholesaler to a dealer, auto auction, or another wholesaler during the expiring license term. A wholesaler who was licensed for less than a full calendar year in the expiring term shall certify, under penalty of law, to the sale of an average of at least one vehicle a calendar month, or portion of a calendar month, during which the expiring license was in effect.
(d) A wholesaler who fails to meet the sales requirements for license renewal under this section is not eligible for license renewal and may not submit an application for another wholesaler's license or a used motor vehicle dealer's license for a period of 12 months from the expiration of the wholesaler's most recent license term.
(6) A wholesaler whose completed renewal application has been received by the department on or before December 31 of the expiring license term may, if necessary, operate the business and display wholesaler demonstrator plates under the expired license through February 15 of the following year.
Section 8. Claims against dealer, wholesaler, or auto auction bonds. (1) A person who suffers loss or damage due to the unlawful conduct of a dealer, wholesaler, or auto auction licensed under this title shall obtain a judgment from a court of competent jurisdiction prior to collecting on the bond of the dealer, wholesaler, or auto auction. The judgment must set out a specific loss or damage amount and establish that the licensee's unlawful conduct caused the loss or damage, before payment on the bond is required.
(2) If claim is made on a bond by two or more persons who have obtained a judgment against a dealer, wholesaler, or auto auction based on the unlawful conduct of the dealer, wholesaler, or auto auction and the judgments in the aggregate exceed the amount of the bond, the proceeds of the bond must be divided between or among the claimants on a pro rata basis.
Section 9. Section 20-7-514, MCA, is amended to read:
"20-7-514. Motorcycle registration fee -- exemptions. (1) A motorcycle safety training fee of $5 must be assessed on each motorcycle required by 61-3-301 to be registered for licensing.
(2) The county treasurer shall collect the fee and remit the fee to the state treasurer for deposit in the state traffic education account, as provided in 20-7-504.
(3) Exempt from payment of the fee specified in subsection (1) are vehicles:
(a) leased or owned by the state or a county or municipality;
(b) used for transportation by a nonresident or migratory worker temporarily employed in agricultural work in this state; or
(c) displaying dealer or wholesaler plates, as provided in 61-4-103 61-4-102 and [section 7], while owned by a dealer or
wholesaler."
Section 10. Section 61-1-132, MCA, is amended to read:
"61-1-132. Recreational vehicle. The term "recreational vehicle" as used in 61-4-101 through 61-4-105 chapter 4, part
1, of this title and 61-10-141 includes travel trailers as defined in 61-1-131, motor homes as defined in 61-1-130, and other
self-propelled vehicles originally designed or permanently altered to provide temporary facilities for recreational, travel, or
camping use."
Section 11. Section 61-1-314, MCA, is amended to read:
"61-1-314. Dealer. (1) "Dealer" means:
(a) a person, firm, association, or corporation that, for commission or profit, engages in whole or in part in the business
of buying, selling, exchanging, accepting on consignment, or acting as a broker of either new motor vehicles or used motor
vehicles, or both, and that qualifies for issuance of a dealer's license under 61-4-101 through 61-4-105 for which a
certificate of ownership has not been issued and that are not registered in the name of the person, firm, association, or
corporation and for whom a dealer license is required under chapter 4 of this title;
(b) an owner of real property who allows more than three new or used motor vehicles not titled in the property owner's or the seller's name to be offered for sale on the property during 1 calendar year unless the property is leased to a motor vehicle dealer licensed under 61-4-101 and the vehicles offered for sale are bona fide units of the licensed dealer's inventory; or
(c) an owner of a motor vehicle that is offered for sale and is displayed on real property in which the motor vehicle owner does not have a legal interest, and the primary purpose for displaying the motor vehicle on the real property is to effect the sale of the motor vehicle.
(2) The term "dealer" does not include the following:
(a) receivers, trustees, administrators, executors, guardians, or other persons appointed by or acting under a judgment or order of any court of competent jurisdiction;
(b) employees of the persons included in subsection (2)(a) when engaged in the specific performance of their duties as employees;
(c) public officers while performing or in the operation of their duties;
(d) a motor vehicle owner who obtains the written consent of the real property owner, lessee, or agent of the owner or lessee on whose property the motor vehicle is displayed and who posts the written consent or a copy of the written consent in the front or rear window of the motor vehicle; or
(e) a person who attempts to effect a sale of the person's motor vehicle by displaying the motor vehicle on a public street or public area that abuts real property in which the person has a legal interest."
Section 12. Section 61-3-101, MCA, is amended to read:
"61-3-101. Duties of department -- records. (1) The department shall keep a record as specified in this section of all motor vehicles, trailers, and semitrailers of every kind, of certificates of registration and ownership of those vehicles, and of all manufacturers and dealers in motor vehicles.
(2) The record must show the following:
(a) name of the owner, the residence address by street or rural route, town, and county, and the mailing address if different than the residence address;
(b) name and address of conditional sales vendor, mortgagee, or other lienholder and the amount due under contract or lien;
(c) manufacturer of the vehicle;
(d) manufacturer's designation of style of the vehicle;
(e) identifying number;
(f) year of manufacture;
(g) character of motive power and the shipping weight of the vehicle as shown by the manufacturer;
(h) the distinctive license number assigned to the vehicle, if any;
(i) if a truck or trailer, the number of tons' capacity or GVW if imprinted on manufacturer's identification plate;
(j) except as provided in 61-3-103, the name and complete address of any holder of a perfected security interest in the vehicle; and
(k) other information that may from time to time be found desirable.
(3) The department shall file applications for registration received by it from county treasurers and register the vehicles and the vehicle owners as follows:
(a) under the distinctive license number assigned to the vehicle by the county treasurer;
(b) alphabetically under the name of the owner;
(c) numerically under make and identifying number of the vehicle; and
(d) under another index of registration as the department considers expedient.
(4) The department shall determine the amount of motor vehicle taxes and fees to be collected at the time of registration for each light vehicle subject to tax under 61-3-503 and for each bus, truck having a manufacturer's rated capacity of more than 1 ton, and truck tractor subject to a fee in lieu of tax under 61-3-528 and 61-3-529. The county treasurer shall collect the taxes and fees on each motor vehicle at the time of its registration.
(5) Vehicle registration records and indexes and driver's license records and indexes may be maintained by electronic recording and storage media.
(6) In the case of dealers, the records must show the information contained in the application for a dealer's, wholesaler's,
or auto auction license as required by 61-4-101 through 61-4-105 chapter 4, parts 1 and 2 of this title, as well as the
distinctive license number assigned to the dealer.
(7) In order to prevent an accumulation of unneeded records and files, regardless of any other statutory requirements, the department may destroy all records and files that relate to vehicles that have not been registered within the preceding 4 years and that do not have an active lien.
(8) All records must be open to inspection during reasonable business hours, and the department shall furnish any information from the records upon payment by the applicant of the cost of the information requested. Prior to providing the information, the department may require the applicant to provide identification. However, the department may, by rule, reasonably restrict disclosure of information on an owner or the owner's vehicle if the owner has requested in writing that the department not disclose the information."
Section 13. Section 61-3-103, MCA, is amended to read:
"61-3-103. (Temporary) Filing of security interests -- perfection -- rights -- procedure -- fees. (1) Except as provided in 61-3-109, the department may not file any voluntary security interest or lien unless it is accompanied by or specified in the application for a certificate of ownership of the vehicle encumbered. If the approved notice form is transmitted to the department, 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 vehicle description, and the amount of the lien and is signed by the debtor. The department 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 vehicle encumbered. The department shall mail a statement certifying to the filing of a security interest or lien to the secured party. The department 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 shall return the certificate of ownership to the county treasurer in the county in which the vehicle is to be registered. The owner of a motor vehicle is the person entitled to operate and possess the motor vehicle.
(2) A security interest in a motor vehicle held as inventory by a dealer licensed under the provisions of 61-4-101 chapter
4 of this title must be perfected in accordance with Title 30, chapter 9.
(3) Whenever a security interest or lien is filed against a motor vehicle that is subject to two security interests previously perfected under this section, the department shall endorse on the face of the certificate of ownership, "NOTICE. This motor vehicle is subject to additional security interests on file with the Department of Justice." Other information regarding the additional security interests need not be endorsed on the certificate.
(4) Satisfactions or statements of release filed with the department under this chapter must be retained by it for a period of 8 years after receipt, after which they may be destroyed.
(5) Except as provided in 61-3-109 and subsection (6) of this section, a voluntary security interest or lien is perfected on the date that the lien notice and the certificate of ownership or manufacturer's statement of origin are 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.
(6) Except as provided in 61-3-109, voluntary security interests or lien filings that do not require transfer of ownership are perfected on the date that the lien notice and the certificate of ownership or manufacturer's statement of origin are received by the department. On that date, the department 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 that the lien notice is delivered to the department, of the existence of the security interest.
(7) Upon default under a chattel mortgage or conditional sales contract covering a motor vehicle, the mortgagee or vendor has the same remedies as in the case of other personal property. In case of attachment of motor vehicles, 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.
(8) 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 the sum of $1 for each day that the person fails to file the satisfaction.
(9) Upon receipt of notice of any involuntary liens or attachments against the record of any motor vehicle registered in this state, the department shall within 24 hours mail to the owner, conditional sale vendor, mortgagees, or assignees of the owner, conditional sale vendor, or mortgagees 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 and the action and the names of the attorneys for the plaintiff and attaching creditor.
(10) It is not necessary to refile with the department any instruments on file in the offices of the county clerk and recorders at the time that this law takes effect.
(11) A fee of $4 must be paid to the department to file any security interest or other lien against a motor vehicle. The $4 fee includes the cost of filing a satisfaction or release of the security interest and also the cost of entering the satisfaction or release on the records of the department and of 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 for issuing a certified copy of a certificate of ownership subject to a security interest or other lien on file in the office of the department or for filing an assignment of any security interest or other lien on file with the department. 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. (Terminates June 30, 2000--sec. 4, Ch. 90, L. 1997.)
61-3-103. (Effective July 1, 2000) Filing of security interests, perfection, rights, procedure, fees. (1) The department may not file any voluntary security interest or lien unless it is accompanied by or specified in the application for a certificate of ownership of the vehicle encumbered. If the approved notice form is transmitted to the department, 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 vehicle description, amount of lien, and is signed by the debtor. The department 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 vehicle encumbered. The department shall mail a statement certifying to the filing of a security interest or lien to the secured party. The department 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 shall return the certificate of ownership to the county treasurer where the vehicle is to be registered. The owner of a motor vehicle is the person entitled to operate and possess the motor vehicle.
(2) A security interest in a motor vehicle held as inventory by a dealer licensed under the provisions of 61-4-101 chapter
4 of this title, must be perfected in accordance with Title 30, chapter 9.
(3) Whenever a security interest or lien is filed against a motor vehicle that is subject to two security interests previously
perfected under this section, the department shall endorse on the face of the certificate of ownership, "NOTICE. This motor
vehicle is subject to additional security interests on file with the Department of Justice." No other Other information
regarding such the additional security interests need not be endorsed on the certificate.
(4) Satisfactions or statements of release filed with the department under this chapter must be retained by it for a period of 8 years after receipt, after which they may be destroyed.
(5) Except as provided in subsection (6), a voluntary security interest or lien is perfected on the date the lien notice and the certificate of ownership or manufacturer's statement of origin are 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.
(6) 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. On that date, the department 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 the existence of the security interest.
(7) Upon default under a chattel mortgage or conditional sales contract covering a motor vehicle, the mortgagee or vendor has the same remedies as in the case of other personal property. In case of attachment of motor vehicles 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.
(8) 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 the sum of $1 for each day that the person fails to file such satisfaction.
(9) Upon receipt of notice of any involuntary liens or attachments against the record of any motor vehicle registered in
this state, the department shall within 24 hours mail to the owner, conditional sale vendor, mortgagees, or assignees of any
thereof owner, conditional sale under, or mortgagees a notice showing the name and address of the lien claimant, amount of
the lien, date of execution of lien, and in the case of attachment the full title of the court and the action and the name of the
attorneys for the plaintiff and attaching creditor.
(10) It is not necessary to refile with the department any instruments on file in the offices of the county clerk and recorders at the time this law takes effect.
(11) A fee of $4 must be paid to the department to file any security interest or other lien against a motor vehicle. The $4
fee shall must include and cover the cost of filing a satisfaction or release of the security interest and also the cost of
entering such the satisfaction or release on the records of the department 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 for issuing a certified copy
of a certificate of ownership subject to a security interest or other lien on file in the office of the department or for filing an
assignment of any security interest or other lien on file with the department. 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 61-3-206, MCA, is amended to read:
"61-3-206. Odometer disclosure requirements on transfer of vehicle -- dealer to preserve record. (1) Except as
provided in subsection (3), before executing any transfer of ownership document relating to a motor vehicle, each seller of a
motor vehicle shall record on the certificate of ownership the odometer reading at the time of transfer or, if the certificate of
ownership does not provide for the recording of the odometer reading, furnish to the purchaser a written statement that is
signed by the seller, who shall also print his the seller's name on the written statement, and that contains the following
information:
(a) the odometer reading at the time of transfer;
(b) the date of transfer;
(c) the seller's name and current address;
(d) the purchaser's name and current address;
(e) the vehicle year, make, model, body style, and identification number;
(f) one of the following statements or certification:
(i) a certification by the seller that, to the best of his the seller's knowledge, the odometer reading reflects the actual
miles or kilometers the vehicle has been driven;
(ii) if the seller knows that the odometer reading reflects the amount of mileage in excess of the designed mechanical
odometer limit of 99,999 miles or kilometers, he the seller shall include a statement to that effect; or
(iii) if the seller knows that the odometer reading differs from the number of miles or kilometers the vehicle has actually
traveled and that the difference is greater than that caused by odometer calibration error, he the seller shall include a
statement that the odometer reading is not the actual mileage and should not be relied upon.
(2) The purchaser shall acknowledge receipt of the disclosure statement by signing it and printing his the purchaser's
name on the disclosure statement.
(3) The seller of the following types of motor vehicles need not disclose the odometer reading of the vehicle as required in subsection (1):
(a) a motor vehicle that is 10 years old or older;
(b) a vehicle that is not self-propelled;
(c) a new motor vehicle transferred between dealers or wholesalers prior to its first retail sale, unless such the vehicle
has been used as a demonstrator;
(d) a vehicle having a gross weight rating of more than 16,000 pounds; or
(e) a vehicle sold directly by the manufacturer to an agency of the United States.
(4) A dealer or wholesaler licensed under 61-4-101 chapter 4 of this title shall create a record of the information
required in subsection (1) and shall maintain and preserve that record for at least 5 years after the date of sale of the motor
vehicle to which the information pertains."
Section 15. Section 61-3-301, MCA, is amended to read:
"61-3-301. Registration -- license plate required -- display. (1) Except as otherwise provided in this chapter, no a
person may not operate a motor vehicle upon the public highways of Montana unless the vehicle is properly registered and
has the proper number plates conspicuously displayed, one on the front and one on the rear of the vehicle, each securely
fastened to prevent it from swinging and unobstructed from plain view, except that trailers, semitrailers, quadricycles,
motorcycles, and vehicles authorized in 61-4-102(6) to display demonstrator plates under [section 7 or 23] may have but
only one number plate conspicuously displayed on the rear. No A person may not display on a vehicle at the same time a
number assigned to it under any motor vehicle law except as provided in this chapter. A junk vehicle, as defined in Title 75,
chapter 10, part 5, being driven or towed to an auto wrecking graveyard for disposal is exempt from the provisions of this
section.
(2) No A person may not purchase or display on a vehicle a license plate bearing the number assigned to any county as
provided in 61-3-332 other than the county of his the person's permanent residence at the time of application for
registration. However, the owner of any motor vehicle requiring a license plate on any motor vehicle used in the public
transportation of persons or property may make application for the license in any county through which the motor vehicle
passes in its regularly scheduled route, and the license plate issued bearing the number assigned to that county may be
displayed on the motor vehicle in any other county of the state.
(3) It is unlawful to use license plates issued to one vehicle on any other vehicle, trailer, or semitrailer unless legally transferred as provided by statute, or to repaint old license plates to resemble current license plates.
(4) This section does not apply to a vehicle exempt from taxation under 15-6-215 or subject to taxation under 61-3-520.
(5) Any person violating these provisions is guilty of a misdemeanor and subject to the penalty prescribed in 61-3-601."
Section 16. Section 61-3-432, MCA, is amended to read:
"61-3-432. Exemptions of vehicles not capable of operation on highways. Track-type tractors, other track mounted
machinery and equipment, road rollers, and other similar equipment and machinery which cannot be self-propelled or
towed upon the highways of this state and which must be transported by some type of hauling unit, are not subject to this
chapter, 61-4-101 through 61-4-106 chapter 4, part 1, chapter 6, part 2 of chapter 10, part 2, or part 4 of chapter 12, part 4."
Section 17. Section 61-3-501, MCA, is amended to read:
"61-3-501. When vehicle taxes and fees are due. (1) Motor vehicle taxes, fees in lieu of tax, new car taxes, and fees must be paid on the date of registration or reregistration of the vehicle.
(2) (a) If the anniversary date for reregistration of a vehicle passes while the vehicle is owned and held for sale by a
licensed new or used car dealer, motor vehicle taxes or fees in lieu of tax abate on the vehicle properly reported with the
county treasurer until the vehicle is sold the subject of a retail sale. After the sale, the purchaser shall pay the pro rata
balance of the taxes or fees in lieu of tax due and owing on the vehicle.
(b) For the purposes of this subsection "retail sale" does not include a transfer between any of the following:
(i) a licensed new motor vehicle or used motor vehicle dealer;
(ii) another licensed new motor vehicle or used motor vehicle dealer;
(iii) a licensed wholesaler; or
(iv) a licensed auto auction.
(3) In the event that a vehicle's registration period is changed under 61-3-315, all taxes or fees in lieu of tax and other fees due must be prorated and paid from the last day of the old period until the first day of the new period in which the vehicle is registered. The taxes or fees in lieu of tax and other fees must be paid from the first day of the new period for a minimum period of 1 year. When the change is to a later registration period, taxes and fees must be prorated and paid based on the same tax year as the original registration period. Thereafter, during the appropriate anniversary registration period, each vehicle must again be registered or reregistered and all taxes and fees must be paid for a 12-month period."
Section 18. Section 61-3-502, MCA, is amended to read:
"61-3-502. Sales tax on new motor vehicles -- exemptions. (1) In consideration of the right to use the highways of the
state, there is imposed a tax upon all sales of new motor vehicles, excluding trailers, semitrailers, and housetrailers, for
which a license is sought and an original application for title is made. The tax must be paid by the purchaser when the
purchaser applies for an original Montana license through the county treasurer. For purposes of this section, "new motor
vehicle" means a new motor vehicle for which original registration is sought or a motor vehicle previously furnished
without charge by a dealer to a school district for use in a state-approved traffic education program, whether or not titled the
certificate of ownership is held by the dealer or the school district, and for which original registration is sought.
(2) Except as provided in subsections (4) and (5), the sales tax is:
(a) 1 1/2% of the f.o.b. factory list price or f.o.b. port-of-entry list price, during the first quarter of the year or for a registration period other than a calendar year or calendar quarter;
(b) 1 1/8% of the list price during the second quarter of the year;
(c) 3/4 of 1% during the third quarter of the year;
(d) 3/8 of 1% during the fourth quarter of the year.
(3) If the manufacturer or importer fails to furnish the f.o.b. factory list price or f.o.b. port-of-entry list price, the department may use published price lists.
(4) The new car sales tax on vehicles subject to the provisions of 61-3-313 through 61-3-316 is 1 1/2% of the f.o.b. factory list price or f.o.b. port-of-entry list price regardless of the month in which the new vehicle is purchased.
(5) The sales tax on new motor vehicles registered as part of a fleet under 61-3-318 is 3/4 of 1% of the f.o.b. factory list price or f.o.b. port-of-entry list price.
(6) The proceeds from this tax must be remitted to the state treasurer every 30 days. The state treasurer shall deposit $1 of the tax on each new motor vehicle in a special revenue account to be used by the department of commerce in carrying out its duties under Title 61, chapter 4, part 5, with the balance of the proceeds to be credited to the highway nonrestricted account of the state special revenue fund. The county treasurer shall retain 5% of the taxes collected to pay for the cost of administration.
(7) The new vehicle is not subject to any other assessment, fee in lieu of tax, or tax during the calendar year in which the original application for title is made.
(8) A new motor vehicle may not be registered or licensed unless the application for registration is accompanied by a statement of origin that is furnished by the dealer selling the vehicle and that shows that the vehicle has not previously been registered or owned, except as otherwise provided in this section, by any person, firm, corporation, or association other than a new motor vehicle dealer holding a franchise or distribution agreement from a new car manufacturer, distributor, or importer.
(9) (a) Motor vehicles operating exclusively for transportation of persons for hire within the limits of incorporated cities or towns and within 15 miles from the limits are exempt from the provisions of subsection (1).
(b) Motor vehicles brought or driven into Montana by nonresident, migratory, bona fide agricultural workers who are temporarily employed in agricultural work in this state, when those motor vehicles are used exclusively for transportation of agricultural workers, are also exempt from the provisions of subsection (1).
(c) Vehicles lawfully displaying a licensed dealer's plate as provided in 61-4-103 61-4-102 are exempt from the
provisions of subsection (1):
(i) when moving to or from a dealer's place of business when unloaded or loaded with dealer's property only; and
(ii) in the case of vehicles having a gross loaded weight of less than 24,000 pounds, while being demonstrated in the course of the dealer's business.
(d) Motor vehicles owned or controlled by a special district, as defined in 18-8-202, are exempt from subsection (1).
(e) A vehicle registered under 61-3-456 is exempt from the provisions of subsection (1)."
Section 19. Section 61-3-508, MCA, is amended to read:
"61-3-508. Junk vehicle disposal fee. A special junk vehicle disposal fee shall must be assessed on each new
application for a motor vehicle title and on each transfer of a motor vehicle title in the amount of $1.50 on passenger cars
and trucks under 8,001 pounds GVW. An additional special junk vehicle disposal fee shall must be assessed in the amount
of 50 cents on each passenger car and truck under 8,001 pounds GVW registered for licensing. The fees shall must be
collected by the county treasurer. However, the following are exempt from payment of the fees:
(1) vehicles leased or owned by the state or by a county or municipality;
(2) vehicles used for transportation by nonresident, migratory workers temporarily employed in agricultural work in this state;
(3) vehicles displaying dealer's or wholesaler's license plates, as provided in 61-4-103, while owned by a dealer or
wholesaler; and
(4) housetrailers or equipment which that is not self-propelled or which that requires towing upon a highway of this
state."
Section 20. Section 61-3-602, MCA, is amended to read:
"61-3-602. Enforcement. It is mandatory upon all police and peace officers of the state, of the counties of the state, and
of towns, cities, and villages to carry out the provisions of this chapter and 61-4-101 through 61-4-105 chapter 4, part 1."
Section 21. Section 61-4-101, MCA, is amended to read:
"61-4-101. Application for dealer's Dealer's license or wholesaler's license -- types of licenses and terms -- plates
-- bonds -- zoning. (1) (a) A verified application for licensure as a dealer or wholesaler must be filed, by mail or otherwise,
in the office of the department by each person, firm, corporation, or association that, for commission or profit, engages in:
(i) the business of buying, selling, exchanging, taking for consignment, or acting as a broker of new motor vehicles,
recreational vehicles, used motor vehicles, trailers (except trailers having an unloaded weight of less than 500 pounds),
semitrailers, mobile homes, or special mobile equipment as defined in 61-1-104; or
(ii) business as a wholesaler as defined in 61-1-319.
(b) A licensed real estate broker or agent lawfully buying, selling, exchanging, taking for consignment, or acting as a
broker of mobile homes is exempt from licensure under this section.
(c) The sale of more than three motor vehicles or the offering for sale of more than three motor vehicles, if the motor
vehicles are not titled in the seller's name, in any calendar year is prima facie evidence that a person is engaged in the
business of dealing motor vehicles. Licensed wholesalers do not have the privilege of the use of dealer license plates as
provided in subsection (2)(b) but are authorized to display and use demonstrator plates under the provisions of
61-4-102(2)(a)(ii).
(d) Each license application and all of the information contained in it must be verified by the department or an
authorized representative of the department on a form to be furnished by the department for that purpose and must contain
the information required. Each application must be accompanied by the license fee specified in 61-4-102. A dealer's or
wholesaler's license must be renewed and paid for annually, and an application for relicensure must be filed not later than
January 1 of each year. If an application for renewal of a license has been received by the department before the expiration
of the license, the licensee may operate the business and display dealer or demonstrator plates under the expired license
between January 1 and February 15 following expiration.
(2) To qualify for licensure and the issuance and use of "D", "UD", "RV", "DTR", or "MCD" plates as provided in this
subsection, the applicant shall furnish the following information and qualify under the following provisions:
(a) To qualify as a new motor vehicle dealer and for the use of "D" plates, the applicant shall:
(i) state 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 of motor vehicles is displayed;
(ii) state 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;
(iii) identify other dealerships owned by the applicant, identify all persons in Montana or in another state having an
interest in another dealership owned by the applicant, and disclose whether the applicant or other person with interest in a
dealership owned by the applicant has been convicted of a felony;
(iv) certify that the applicant has acquired and shall maintain motor vehicle liability insurance, pursuant to 61-6-301, for
any vehicle offered for demonstration or loan to a customer;
(v) state the name and make of all motor vehicles handled and the name and address of the manufacturer, importer, or
distributor with whom the applicant has a written new motor vehicle franchise or sales agreement;
(vi) execute a certificate to the effect that the applicant has a permanent building for the display and sale of new motor
vehicles at the location of the premises where sales are conducted;
(vii) execute a certificate to the effect that the applicant has a bona fide service department for the repair, service, and
maintenance of motor vehicles; and
(viii) execute a certificate to the effect that the applicant is a bona fide dealer in new motor vehicles and that the dealer is
recognized by a manufacturer, importer, or distributor as a dealer in new motor vehicles.
(b) To qualify as a used motor vehicle dealer and for the use of "UD" plates; as a recreational vehicle dealer and for the
use of "RV" plates; as a trailer, semitrailer, or special mobile equipment dealer and for the use of "DTR" plates; as a
motorcycle or quadricycle dealer and for the use of "MCD" plates; or as a wholesaler and for the use of demonstrator plates,
the applicant shall, in addition to the matters set forth in subsections (2)(a)(i) through (2)(a)(iv), provide:
(i) a statement that the:
(A) applicant has an established place of business consisting of one or more lots located within 200 feet of each other
upon which motor vehicles may be displayed and a permanent nonresidential building on or within 1,000 feet of the lot or
lots where records are kept and sales are made; or
(B) wholesaler applicant has an established place of business that includes a permanent nonresidential building or office
where records are kept in order that those records may be inspected;
(ii) a certificate to the effect that the applicant is a bona fide dealer or wholesaler in used motor vehicles, recreational
vehicles, trailers, semitrailers, special mobile equipment, motorcycles, or quadricycles. An applicant for a recreational
vehicle dealer license shall also indicate on the same certificate that the person is recognized by a manufacturer, importer,
or distributor as a dealer in recreational vehicles.
(c) If two or more vehicle dealers or wholesaler businesses share a location, all records, office facilities, and inventory,
if applicable, must be physically segregated and clearly identified. Each applicant's established place of business may
display a sign that indicates the firm name and that vehicles are offered for sale. The letters of the sign must be clearly
visible and readable to the major avenue of traffic at a minimum distance of 150 feet.
(d) To qualify for a used motor vehicle dealer's or wholesaler's license, a person shall submit an annual application for
that license and comply with the provisions of 61-4-102(5) in addition to fulfilling the requirements of subsection (2)(b).
(e) The provisions of subsection (2)(d) do not apply to an applicant who is licensed as a motor vehicle wrecking facility
under the provisions of Title 75, chapter 10, part 5.
(1) Except as provided in [section 7], a person may not engage in the business of buying, selling, exchanging, accepting on consignment, or acting as a broker of a new motor vehicle or used motor vehicle, a new or used recreational vehicle, trailer, motorcycle, quadricycle, or special mobile equipment for which a certificate of ownership has not been issued and that are not registered in the person's name, unless the person is the holder of a dealer's license issued by the department under this part.
(2) (a) The department is authorized to issue a dealer's license for one or more specified vehicle types to any person that it determines is qualified to hold a license under the provisions of this section. A dealer's license may be issued for, and restricted to, one or more of the following vehicle types:
(i) new motor vehicle;
(ii) used motor vehicle;
(iii) new recreational vehicle;
(iv) used recreational vehicle;
(v) trailer of any size, or special mobile equipment; or
(vi) motorcycle or quadricycle.
(b) For each type of dealer license authorized, the department shall design and issue dealer and demonstrator plates as provided in 61-4-102 and [section 23].
(c) With the exception of a licensed new motor vehicle dealer, a dealer licensed for a particular type of vehicle may sell, trade, or accept upon consignment only vehicles of the type for which the license is authorized, unless the dealer's license specifically refers to more than one vehicle type, such as a motorcycle or quadricycle license. A new motor vehicle dealer is authorized to sell, trade, or accept upon consignment new motor vehicles or used motor vehicles.
(d) Regardless of vehicle type, a dealer's license issued by the department has a term of 1 calendar year, commencing on or after January 1 in the year of issue and expiring on December 31 of the same year.
(3) (a) An applicant for a dealer's license shall submit a written application for a dealer's license to the department, specifying the type or types of dealer's license sought. The application must be signed by the applicant and contain a verification by the applicant, under penalty of law, that the information contained in the application is true and correct. Any information provided in the license application process is subject to independent verification by the department or a duly authorized representative of the department.
(b) After examining a license application and conducting investigation necessary to verify the information contained in the application and if the department is satisfied that the applicant qualifies for the issuance of a license under the provisions of this chapter, the department may issue the license. The department may refuse, after examination and investigation, to issue a license to an applicant who is not qualified for licensure or whose prior financial or other activities or criminal record, as determined by the department:
(i) pose a threat to the effective regulation of dealers, wholesalers, or auto auctions;
(ii) pose a threat to the public interest of the state; or
(iii) create a danger of illegal or deceptive practices being used in the conduct of the proposed dealership, wholesaler, or auto auction.
(4) To be qualified for licensure as a dealer, an applicant shall provide to the department the following:
(a) the name under which the applicant intends to conduct business and the name, address, date of birth, and social security number of any person who possesses or will possess an ownership interest in the business for which the license is sought. If the applicant is a corporation, the personal information required in this subsection (4)(a) must be provided for each corporate officer and the person designated by the corporation to manage or oversee the dealership;
(b) for each person subject to the provisions of subsection (4)(a), whether the person has:
(i) an ownership interest in a vehicle dealership or a wholesaler business in Montana or another jurisdiction and if so, the name and address of each dealership or wholesaler; and
(ii) been found guilty of, or pleaded guilty to, a felony in this or any other jurisdiction and if so, provide a summary of the conduct resulting in the felony charge, including the dates of the conduct and any court proceedings pertaining to the conduct and the name and address of any court in which the matter was heard;
(c) the name, address, and telephone number of the insurance carrier from whom the applicant has acquired garage keepers liability insurance and the name, address, and telephone number of the local insurance agent for the carrier and the applicant's policy number. The insurance must cover any vehicle bearing dealer or demonstrator license plates that is offered for demonstration or loan to, or otherwise operated by, a customer in the regular course of the applicant's business;
(d) the geographic location of the physical lot or lots upon which vehicles will be displayed for sale and a permanent nonresidential building will be maintained to store the actual physical or electronic records resulting from the purchase, sale, trade, or consignment of vehicles for which licensure is sought. An applicant may use more than one location to display vehicles for sale, provided the maximum distance between each display lot does not exceed 200 feet, and the distance between a display lot and the building in which vehicle sales records are stored does not exceed 1,000 feet;
(e) for each geographic location specified in the application, evidence of the applicant's compliance with applicable local land use planning, zoning, and business permitting requirements, if any. Evidence of compliance may be documented by means of a written verification of compliance signed by the authorized representative of the local land use planning or zoning board or the local business permitting agency;
(f) a diagram or plat showing the geographic location, lot dimensions, and building and sign placement for the applicant's proposed established place of business, along with two or more photographs of the geographic location, building premises, and sign, as prescribed by the department;
(g) a certification by the applicant that the applicant is a bona fide dealer in new motor vehicles, used motor vehicles, used recreational vehicles, trailers, motorcycles, quadricycles, or special mobile equipment;
(h) if the applicant is seeking a new motor vehicle dealer license:
(i) the name and address of the manufacturer, importer, or distributor with whom the applicant has a written new motor vehicle franchise or sales agreement and the name and make of all motor vehicles to be handled by the applicant;
(ii) the geographic location or locations, specified in writing, upon which the applicant will provide and maintain a permanent building to display and sell new motor vehicles and offer and maintain a bona fide service department for the repair, service, and maintenance of the motor vehicles; and
(iii) otherwise meet the requirements of part 2 of this chapter; and
(iv) if the applicant is applying for a new recreational vehicle dealer's license, certification that the person is recognized by a manufacturer, importer, or distributor as a dealer in new recreational vehicles.
(5) If an applicant for a new motor vehicle or used motor vehicle, new or used recreational vehicle, or trailer dealer's license wants to maintain more than one established place of business, the applicant shall file a separate license application for each proposed established place of business and otherwise qualify for licensure at each place separately.
(6) Each application under this section must be accompanied by an application fee of $5 and one or more of the following license fees based on the type of dealer's license being sought:
(a) $25 for a new motor vehicle dealer's license;
(b) $25 for a used motor vehicle dealer's license;
(c) $25 for a new or used recreational vehicle dealer's license; or
(d) $25 for a motorcycle or trailer dealer's license.
(3) (a)(7) The applicant for a dealer's or wholesaler's license shall also file with the application a bond of $25,000 for a
license as a new motor vehicle dealer, a used motor vehicle dealer, a new or used recreational vehicle dealer, or a trailer
dealer, or a wholesaler. However, applicants for a license as a trailer dealer or a trailer wholesaler shall file the $25,000
surety bond only if special mobile equipment, commercial trailers and semitrailers exceeding 6,000 pounds maximum gross
loaded weight, mobile homes, or house trailers are sold. All other trailer dealer, Applicants for a motorcycle dealer, or
wholesaler dealer's license applicants shall file a bond in the sum of $10,000. All bonds must be conditioned that the
applicant shall conduct the business in accordance with the requirements of the law. The bond may extend to any other type
of dealer license issued to the applicant at the same place of business geographic location, provided that all types of licenses
are indicated on the face of the bond. All bonds must run to the state of Montana, must be approved by the department,
must be filed in its office, and must be renewed annually.
(b) A person who suffers loss or damage due to the unlawful conduct of a dealer or wholesaler licensed under this
section shall obtain a judgment from a court of competent jurisdiction prior to collecting on the bond. The judgment must
determine a specific loss or damage amount and conclude that the licensee's unlawful operation caused the loss or damage
before payment on the bond is required."
Section 22. Section 61-4-102, MCA, is amended to read:
"61-4-102. Fees -- restrictions on licensees Dealer's license numbers -- assignment, numbering, and limitation of
dealer plates -- restriction of use -- fees. (1) Upon the licensing of a dealer, the department shall assign to the dealer a
distinctive serial license number as a dealer and furnish the dealer with one or more sets of numbered dealer plates in
accordance with the provisions of this section.
(2) (a) Dealer plates designed by the department must be similar to the numbered plates furnished to owners of motor vehicles under 61-3-332, but they must bear:
(i) the license number assigned to the dealer;
(ii) an abbreviation for the vehicle type of the dealer license issued, as follows:
(A) the letter "D" for a new motor vehicle dealer;
(B) the letters "UD" for a used motor vehicle dealer; or
(C) the letters "RV" for a new or used recreational vehicle dealer; and
(iii) the actual number of sets of dealer plates issued to the dealer.
(b) Dealer plates may not be issued to a motorcycle or trailer dealer or a wholesaler.
(3) Dealer plates must contain the prefix of the county in which the dealer's established place of business is located, followed by the dealer license type abbreviation, the dealer license number, and the number of sets of dealer plates issued to that dealer. For example, new motor vehicle dealer number 4 in Lewis and Clark County would be numbered 5D-4, and if the dealer were issued three sets of dealer plates, they would be numbered consecutively as follows, 5D-4-1, 5D-4-2, and 5D-4-3.
(4) (a) Upon making such application, the applicant shall pay to the department, in In addition to the fees required of
dealers and wholesalers under the provisions of subsection (2) 61-4-101 and [section 6], a fee of $5. Upon receipt of the
application, fee, and bond, as provided above, the department shall examine the application, and may, prior to issuing a
license, make individual investigation of the truth of the statements contained in the application. If the department is
satisfied that the applicant qualifies for the issuance of a license under the provisions of this chapter, the department may
issue the license. The department may refuse, after investigation, to issue a license to an applicant as allowed by law.
(2) Registration or license fees shall be paid upon registration or reregistration of dealers in motor vehicles, recreational
vehicles, or trailers as follows:
(a) (i) all dealers in motor vehicles and recreational vehicles, a an applicant for a dealer license shall pay an annual fee
of $25, which shall entitle such dealer to one set of number plates, and $25 additional fee for each additional set of number
numbered dealer plates requested and issued., subject to the following limitations on the number of additional sets allowed
a dealer:
(b) The number of dealer plates that may be issued to a dealer must be determined as follows:
(i) a dealer is entitled to one set of dealer plates upon the issuance of an original license or a renewed license;
(ii) an applicant qualified for a license renewal is entitled to additional sets of numbered plates based on the following formula:
(A) 5% of the first 100 vehicle sales for the previous year; plus
(B) 3% of the next 100 vehicle sales for the previous year; plus
(C) 2% of vehicle sales in excess of 200 for the previous year; and
(iii) a dealer is entitled to additional sets of dealer plates during a license term as the dealer's sales incrementally meet or exceed the requirements of the formula established in subsection (4)(b)(ii). However, the aggregate number of sets of dealer plates issued to a dealer under this subsection (4)(b)(iii) may not exceed the combined number allowed under subsections (4)(b)(i) and (4)(b)(ii).
(D) any additional sets upon a showing of good cause by the applicant dealer to the department.
(ii) in addition to the dealer plates allowed under subsection (2)(a)(i), a dealer who has purchased one or more sets of
dealer plates or a licensed wholesaler is entitled to purchase demonstrator plates at a cost determined by the department to
offset the cost of production. Demonstrator plates must be used in lieu of a dealer plate but only as set forth in subsection
(6) and must be distinguished from dealer plates in a manner determined by the department. Wholesaler demonstrator plates
must be distinguished from dealer demonstrator plates in a manner determined by the department.
(b) dealers in motorcycles, quadricycles, and trailers, including housetrailers, $45; and
(c) wholesalers in used motor vehicles, recreational vehicles, trailers (including semitrailers and special mobile
equipment), and motorcycles (including quadricycles), $30.
(3) If a dealer or wholesaler 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 above given.
(4) A dealer or wholesaler in motor vehicles, recreational vehicles, or trailers who maintains more than one place of
business or who maintains a branch establishment or establishments shall register and pay a registration or license fee for
each place of business or establishment. A dealer may sell vehicles only from his licensed place of business unless the
dealer notifies the department 10 days in advance, on a form prescribed by the department, of the opening date and location
of an off-premises sale. Except for recreational vehicle dealers, an off-premises sale must be conducted within the city
limits of the city of the dealer's licensed location or upon an adjacent off-premises site that is approved by the department
and that is within the county of the dealer's licensed location. The sale may not exceed 10 consecutive business days, and a
licensed dealer may not conduct more than 10 off-premises sales during any 1 calendar year.
(5) A new applicant for a used motor vehicle dealer or wholesaler license shall pay $300 to the department in addition
to any other sums required by this section or other provisions of the law. An applicant for a renewal of a used motor vehicle
dealer or wholesaler license shall certify under oath that he has sold more than five used motor vehicles during the
preceding calendar year or pay an additional $300 before he may be licensed.
(6) Demonstrator plates provided for in subsection (2)(a)(ii) may be used only as follows:
(a) New and used motor vehicle or recreational vehicle demonstrator plates may be used:
(i) to demonstrate, for no more than 72 hours, an authorized vehicle held for sale, when operated by an individual
holding a valid operator's license;
(ii) on authorized vehicles owned by the firm when operated by an officer or bona fide full-time employee of the dealer
or wholesaler and used to transport the dealer's or wholesaler's own tools, parts, and equipment;
(iii) on authorized vehicles being tested for repair;
(iv) on authorized vehicles being moved to or from a dealer's place of business for sale;
(v) on authorized vehicles being moved to or from service and repair facilities before sale;
(vi) on authorized vehicles being moved to or from exhibitions within the state, provided any such exhibition does not
exceed a period of 20 days.
(b) Mobile home and trailer dealer demonstrator plates may be used:
(i) on units hauled to or from the place of business of the manufacturer and the place of business of the dealer or to and
from places of business of the dealer;
(ii) on mobile homes hauled to a customer's location for setup after sale;
(iii) on travel trailers held for sale to demonstrate the towing capability of the vehicle provided that a dated
demonstration permit, valid for not more than 72 hours, is carried with the vehicle at all times;
(iv) on any motor vehicle owned by the dealer that is used only to move vehicles legally bearing mobile home and travel
trailer dealer license plates of the dealer owning any such motor vehicle;
(v) on vehicles being moved to or from vehicle exhibitions within the state, provided any such exhibition does not
exceed a period of 20 days.
(5) (a) A dealer is authorized to use and display dealer plates on a motor vehicle held for bona fide sale by the dealer and that is operated by or under the control of the dealer, the dealer's spouse, officers, or employees.
(b) For purposes of this subsection:
(i) the term "officers" includes only the persons listed on the manufacturer's franchise agreement or the importer's distribution agreement and the term "employees" means persons upon whom the dealer has paid social security taxes as a full-time employee; and
(ii) the display of a Monroney label or a buyer's guide label, as required by [section 5(2)], on a vehicle bearing dealer plates is prima facie evidence that the vehicle is offered for bona fide sale by the dealer.
(6) Dealer plates may not be used or displayed on vehicles used for hire, lease, or rental.
(7) (a) A dealer is accountable for each set of numbered dealer plates issued and shall file a quarterly report with the department certifying the disposition of each set of dealer plates assigned to the dealer and specifying the name, address, and occupation of the person primarily using each set of plates.
(b) A dealer who fails to submit an accountability report within 30 days of the end of the calendar quarter may be subject to the imposition of a civil penalty under 61-4-105.
(8) All numbered dealer plates expire on December 31 of the year of issue and are subject to renewal in accordance with the provisions of [section 6] and this section."
Section 23. Assignment of demonstrator plates. (1) A dealer or wholesaler may purchase demonstrator plates at a fee of $3 a plate. Demonstrator plates must be issued for each vehicle type for which a dealer license is required under 61-4-102. Demonstrator plates must be designed by the department in a manner that distinguishes demonstrator plates from dealer plates.
(2) (a) New and used motor vehicle or recreational vehicle demonstrator plates may be used:
(i) to demonstrate, for not more than 72 hours, a vehicle held for sale, when operated by an individual holding a valid operator's license;
(ii) on vehicles owned by the dealership when operated by an officer or bona fide full-time employee of the dealer or wholesaler and used to transport the dealer's or wholesaler's own tools, parts, and equipment;
(iii) on vehicles being tested for repair;
(iv) on vehicles being moved to or from a dealer's place of business for sale;
(v) on vehicles being moved to or from service and repair facilities before sale; and
(vi) on vehicles being moved to or from exhibitions within the state, provided the exhibition does not exceed a period of 20 days.
(b) Mobile home and trailer demonstrator plates may be used:
(i) on units being hauled to or from the place of business of the manufacturer and the place of business of the dealer or to and from places of business of the dealer;
(ii) on mobile homes being hauled to a customer's location for setup after sale;
(iii) on travel trailers held for sale to demonstrate the towing capability of the vehicle, provided that a dated demonstration permit, valid for not more than 72 hours, is carried with the vehicle at all times;
(iv) on any motor vehicle owned by the dealer that is used only to move vehicles legally bearing mobile home and travel trailer dealer license plates of the dealer owning the motor vehicle; and
(v) on units being moved to or from exhibitions within the state, provided the exhibition does not exceed a period of 20 days.
(c) A vehicle being operated in accordance with this subsection (2) need only display one demonstrator plate conspicuously on the rear of the vehicle.
Section 24. Section 61-4-104, MCA, is amended to read:
"61-4-104. Record of purchase or sale. A dealer or wholesaler licensed under 61-4-101 shall keep a book or record of
the purchases, sales or exchanges, or receipts for the purpose of sale of used vehicles and a description of the vehicles,
together with the name and address of the seller, of the purchaser, and of the alleged owner or other person from whom
each vehicle was purchased or received or to whom it was sold or delivered, as the case may be. The description in the case
of motor vehicles must also include the vehicle identification number and engine number, if any, and must include a
statement that a number has been obliterated, defaced, or changed if that has occurred. In the case of a trailer, semitrailer, or
special mobile equipment, the record must include the manufacturer's number and other numbers or identification marks
that appear on the trailer, semitrailer, or special mobile equipment. The dealer or wholesaler must also have a duly assigned
certificate of ownership from the owner of the motor vehicle to the dealer or wholesaler from the time the motor vehicle is
delivered to the dealer or wholesaler until it has been disposed of by the dealer or wholesaler. It is a violation of this part for
a dealer or wholesaler to fail to take assignment of all certificates of ownership or manufacturer's certificates of origin for
vehicles acquired by the licensee or to fail to assign the certificate of ownership or manufacturer's certificate of origin for
vehicles sold. All records required to be kept in accordance with this section, in addition to the required retention of
odometer disclosure information under 61-3-206(4), must be physically located and maintained within the building referred
to in 61-4-101(2)(b)(i). An authorized representative of the department, upon presentation of the representative's
credentials, may inspect and have access to and copy any records required under this chapter."
Section 25. Section 61-4-105, MCA, is amended to read:
"61-4-105. Criminal penalty -- civil penalty imposed by agency. (1) Any person violating the provisions of
61-3-501, 61-4-101 through, 61-4-102, 61-4-104, or 61-4-120, or [sections 5 through 8] is guilty of a misdemeanor and
subject to a fine of not less than $250 and not more than $500. For the purposes of this section, every sale of a motor
vehicle in violation of the provisions of 61-3-501, 61-4-101 through, 61-4-102, 61-4-104, or 61-4-120, or [sections 5
through 8] is a separate offense.
(2) In addition to all other penalties created by this part, the department is authorized to take appropriate enforcement
action on its own initiative. Any person violating the provisions of 61-3-501, 61-4-101 through, 61-4-102, 61-4-104, or
61-4-120, or [sections 5 through 8] may be subject to administrative action, in accordance with the contested case
procedures of Title 2, chapter 4, as follows:
(a) a civil penalty not to exceed $200 for each violation;
(b) suspension of the motor vehicle dealer, wholesaler, or auto auction license not to exceed 5 working days;
(c) revocation or denial of the motor vehicle dealer, wholesaler, or auto auction license; or
(d) any combination of subsections (2)(a) through (2)(c)."
Section 26. Section 61-4-107, MCA, is amended to read:
"61-4-107. Cease and desist order. (1) When the department has reasonable cause to believe, from information
furnished to it or from an investigation made by it, that a person is engaged in any business regulated by this part without
being licensed as required, it shall immediately issue and serve upon the person, by certified mail, a cease and desist order
requiring him the person to cease and desist from further engaging in that business. If the person fails to comply with the
order, the department shall file an action in the district court of Lewis and Clark County to restrain and enjoin the person
from engaging in the business. The court shall proceed in the action as in other actions for injunctions.
(2) The sale of more than three motor vehicles or the offering for sale of more than three motor vehicles, if the certificates of ownership are not held in the offeror's name, in any calendar year is prima facie evidence that the offeror is engaged in the business of dealing motor vehicles and must be licensed under this chapter.
(3) When the department has reasonable cause to believe, from an investigation made by it or information furnished to it by a law enforcement officer, that a dealer or wholesaler has been improperly licensed, has used a dealer's license in a manner other than as authorized in this title, has provided a material misstatement of fact in an application for a license, is not qualified as a dealer or wholesaler under the requirements of this title, or has engaged in criminal conduct that renders the dealer or wholesaler unfit for licensure, the department may revoke the dealer's or wholesaler's license."
Section 27. Section 61-4-108, MCA, is amended to read:
"61-4-108. Exemptions. (1) This part does not require licensure of, or restrict or prohibit a financial institution, as defined in 32-6-103:
(a) in the selling of collateral repossessed on default of a loan made by the financial institution;
(b) in the conduct of a motor vehicle sales promotion in affiliation with one or more licensed dealers; or
(c) in the conduct of a motor vehicle sales promotion in affiliation with a person regularly engaged in a bona fide vehicle rental business if the purpose of the sale is to dispose of used motor vehicles used in the rental business.
(2) This part does not require licensure of an auctioneer whose business consists primarily of the sale of personal property other than motor vehicles.
(3) This part does not require licensure of a licensed real estate broker or agent lawfully buying, selling, exchanging, taking on consignment, or acting as a broker of mobile homes."
Section 28. Section 61-4-120, MCA, is amended to read:
"61-4-120. Application for auto auction license -- general regulations. (1) A person, firm, association, or corporation that takes possession of a motor vehicle owned by another person through consignment, bailment, or any other arrangement for the purpose of selling the motor vehicle to the highest bidder when all buyers are licensed motor vehicle dealers, wholesalers, or wrecking facilities shall file by mail or otherwise in the office of the department a verified application for licensure as an auto auction. The application must be made in the following manner:
(a) Each application and all of the information contained in it must be verified by the department or an authorized representative of the department on a form to be furnished by the department for that purpose. The application must provide the following information:
(i) the name in which the business is to be conducted and the location of premises, including street address, city, county, and state, where records are kept, sales are made, and motor vehicle stock is displayed as an established place of business that displays a sign indicating the firm name and that vehicles are offered for sale. The letters on the sign must be clearly visible and readable to the major avenue of traffic at a minimum distance of 150 feet.
(ii) the name and address of all owners or persons having an interest in the business. In the case of a corporation, the names and addresses of the president and secretary are sufficient.
(iii) a statement that the applicant is authorized to auction used motor vehicles, recreational vehicles, trailers,
semitrailers, special mobile equipment, motorcycles, and quadricycles under one license. A licensed auto auction may not
auction a new motor vehicle except when authorized by a new motor vehicle manufacturer, importer, distributor, or
representative thereof, for the purpose of conducting a closed-factory fleet sale to dispose of new motor vehicles by the
franchisor (manufacturer, distributor, or importer) to franchisee purchasers when the purchasers are licensed new motor
vehicle dealers purchasing new motor vehicle line-makes authorized by their respective franchise, sales, or distributor
agreements. An auto auction licensed under the provisions of this section shall notify and update the department with
current fleet sale agreements between the auto auction and franchisor. An auto auction may not conduct a factory fleet sale
unless authorized or appointed by a franchisor licensed under part 2 of this chapter.
(b) Each application must be accompanied by a bond of $25,000 and must be conditioned that the applicant shall
conduct business in accordance with the requirements of the law. All bonds must run to the state of Montana, must be
approved by the department and filed in its office, and must be renewed annually. A person who suffers loss or damage due
to the unlawful conduct of an auto auction licensed under this section may proceed in the same manner as provided for
licensed dealers and wholesalers in 61-4-101(3)(b).
(2) An auto auction's license must be renewed and paid for annually to the department, and an application for relicensure must be filed by January 1 of each year. The fee required for each first-time applicant is $500 and for subsequent renewal applications is $100 each year. Upon receipt of a properly completed application, fee, and bond, the department shall issue the auto auction license and assign an auto auction license number for each applicant in a manner determined by the department. Auto auctions dealing in motor vehicles may sell only to licensed dealers and wholesalers.
(3) Auto auctions that are licensed under this section and that hold a current license number may issue temporary permits, which may be displayed and used by a buyer to operate an unregistered vehicle purchased from the auto auction. The temporary permit is valid for a period of 72 hours from the time of purchase and may be used only for the purpose of driving or transporting a vehicle from the auction premises to the purchaser's established place of business or point of destination. Temporary permits must be on a form prescribed by the department and must contain the name, address, and license number of the purchaser, date of sale, name, address, license number, and authorized signature of the auto auction, and a description of the vehicle, including its serial number. The department shall collect a fee of $10 from the auto auction for each temporary permit, and the auto auction may charge a vehicle purchaser no more than $10 for the issuance of each permit to offset the cost of the permit. It is unlawful for the auto auction to issue more than one temporary permit per vehicle sale.
(4) A licensed auto auction may apply for and may be authorized by the department to purchase and use license plates of a type and amount approved by the department, upon payment of a fee to the department to offset the cost of production. Licensed auto auctions may use the license plates to transport inventory vehicles from a point of storage or a point of delivery in this state to the auto auction's place of business, for road testing authorized vehicles, or for moving vehicles for purposes of repairing, painting, upholstering, polishing, and related activities. One license plate is required to be conspicuously displayed on the rear of the vehicle. Auto auctions may appoint designated persons, partnerships, corporations, service stations, or repair garages to use the license plate only when conducting work for the auto auction involving repairing, painting, upholstering, polishing, or performing similar types of work upon a vehicle. Upon application for an auto auction license, the applicant, if requesting the license plates, shall submit a sworn affidavit on a form prescribed by the department, listing each authorized person designated by the auction to use the license plates. The auto auction is responsible for reporting any changes to the affidavit within 72 hours after the amendment has occurred. An auto auction licensed under the provisions of this section is liable for the proper use of the license plates, which may not be used for private purposes. The department may revoke an auto auction's 72-hour temporary permit and license plate privileges if an auction issues, authorizes the use of, or uses a temporary permit or the license plate in violation of the provisions of this section.
(5) (a) Each auto auction shall keep a book or record, in a form and manner subject to approval by the department, of the purchases, sales, or exchanges or the receipts for the purpose of sale of any motor vehicle, a properly completed copy of a temporary permit issued to a vehicle purchaser, the date of title transfer, and a description of the motor vehicle, together with the name and address of the seller, the purchaser, and the alleged owner or other person from whom the motor vehicle was purchased or received or to whom it was sold or delivered. The description in the case of a motor vehicle must include:
(i) the vehicle identification number and engine number, if any; and
(ii) a statement that a number has been obliterated, defaced, or changed, if it has.
(b) An auto auction licensed under this section shall validate the sale of a motor vehicle through its auction by stamping its name and license number upon the certificate of ownership at a location on the front or back of the certificate, at the margin in the assignment section as executed between the transferor and transferee. An auto auction's stamp must be legible and may not interfere with the information recorded on the certificate between the transferor and transferee. If the certificate of ownership lacks adequate space for the auto auction to place its stamp, the auction may provide the transferee a copy of the auction invoice bearing the:
(i) name and license number of the auction, along with an indication of the vehicle year, make, model, and identification number;
(ii) name, address, and signature of the transferor;
(iii) name, license number, and signature of the transferee; and
(iv) date the vehicle was sold through the auction.
(c) The invoice must be attached to the certificate of ownership and must be presented to the department with any application for title.
(d) An auto auction shall retain, for 5 years, odometer disclosure information, including the name of the owner on the date the auto auction took possession of the motor vehicle, the name of the buyer, the vehicle identification number, and the odometer reading on the date the auto auction took possession of the motor vehicle. The odometer information may be retained in any way that is systematically retrievable and is not required to be maintained on any special disclosure form. The information may be part of the auction receipt or invoice or be maintained as a portion of a computer database or manual file. An auto auction that executes a transfer of ownership as an agent on behalf of a seller or buyer is liable for providing an odometer disclosure statement for the seller or an odometer disclosure acknowledgment for the buyer under the provisions of 61-3-206."
Section 29. Section 61-4-205, MCA, is amended to read:
"61-4-205. Limitations on cancellation and termination. (1) Notwithstanding the terms, provisions, or conditions of any agreement or franchise, a franchisor may not cancel, terminate, or refuse to continue a franchise unless the franchisor has cause for termination or noncontinuance.
(2) A franchisor may not enter into a franchise for the purpose of establishing an additional new motor vehicle dealership in any community in which the same line-make is then represented unless there is good cause for an additional new motor vehicle dealership under a franchise and that it is in the public interest.
(3) If a franchisor seeks to terminate or not continue a franchise or seeks to enter into a franchise establishing an additional new motor vehicle dealership of the same line-make, the franchisor shall, not less than 60 days prior to the intended action, and the franchisee may, at any time, file a notice with the department of intention to terminate or not continue the franchise or to enter into a franchise for additional representation of the same line-make. A notice of intention to terminate or not continue a franchise is not required from a franchisor until the conclusion of any review proceeding of that intention offered to the franchisee under the franchise. This section does not apply to an intended termination or noncontinuance of a franchise that the franchisee elects voluntarily, pursuant to a plan established by a franchisor, to submit to binding arbitration.
(4) Upon receiving a notice of intention under the provisions of subsection (3), the department shall, within 5 days of receipt of a notice of intention, send by certified mail, with return receipt requested, a copy of the notice to the franchisor and to the franchisee whose franchise the franchisor seeks to establish, terminate, or not continue. If the notice states an intent to establish an additional new motor vehicle dealership, a copy of the notice must be sent within 5 days of receipt to all franchisees in the community who are then engaged in the business of offering to sell or selling the same line-make. Copies of notices must be addressed to the principal place of business of each recipient and to the statutory agent of each corporate recipient. The department may also give a copy of the franchisor's notice to any other parties whom the department may consider interested persons.
(5) In instances where the change in ownership has the effect of the sale of the franchise, the franchisor may not without good cause withhold its consent to the sale. Good cause relates only to the transferee's financial and managerial capabilities or to the inability of the transferee to comply with a state or federal law relating to new motor vehicle dealerships. The burden of establishing good cause is upon the franchisor.
(6) Notwithstanding the terms, provisions, or conditions of an agreement or franchise, in the event of the sale or transfer of ownership of the franchisee's dealership by sale or transfer of the business or by stock transfer to the dealer's or wholesaler's spouse, son, or daughter, the franchisor shall give effect to the sale or transfer of ownership in the franchise unless the transfer of the franchisee's new motor vehicle dealer's or wholesaler's license is denied or the new owner is unable to obtain a license under the laws of this state.
(7) If a franchisor enters into or attempts to enter into a franchise, whether upon termination or refusal to continue
another franchise or upon the establishment of an additional new motor vehicle dealership in a community where the same
line-make is then represented, without first complying with the provisions of this part, a license under 61-4-101 through
61-4-105 may not be issued to that franchisee or proposed franchisee to engage in the business of selling new motor
vehicles manufactured or distributed by that franchisor."
Section 30. Section 61-10-214, MCA, is amended to read:
"61-10-214. Exemptions. (1) Motor vehicles operating exclusively for transportation of persons for hire within the limits of incorporated cities or towns and within 15 miles from the limits are exempt from this part.
(2) Motor vehicles brought or driven into Montana by a nonresident, migratory, bona fide agricultural worker temporarily employed in agricultural work in this state when those motor vehicles are used exclusively for transportation of agricultural workers are exempt from this part.
(3) Vehicles lawfully displaying a licensed dealer's or wholesaler's plate as provided in 61-4-103 61-4-102 and [section
7] are exempt from this part for a period not to exceed 7 days when moving to or from a dealer's or wholesaler's place of
business when unloaded or loaded with dealer's or wholesaler's property only or while being demonstrated in the course of
the dealer's or wholesaler's business. Vehicles being demonstrated may not be leased, rented, or operated for compensation
by the licensed dealer or wholesaler.
(4) Vehicles exempt from property tax under 15-6-201(1)(a), (1)(c) through (1)(e), (1)(g), (1)(o), (1)(q), and (1)(v) are exempt from this part. The department of transportation may require documentation of tax-exempt status from the department of revenue before granting this exemption."
Section 31. Repealer. Section 61-4-103, MCA, is repealed.
Section 32. Codification instruction. (1) [Sections 1 through 3] are intended to be codified as an integral part of Title 61, chapter 1, and the provisions of Title 61, chapter 1, apply to [sections 1 through 3].
(2) [Sections 4 through 8 and section 23] are intended to be codified as an integral part of Title 61, chapter 4, part 1, and the provisions of Title 61, chapter 4, part 1, apply to [sections 4 through 8 and section 23].
Section 33. Effective dates. (1) [Sections 4, 32, and 34 and this section] are effective on passage and approval.
(2) [Sections 1 through 3 and 5 through 31] are effective October 1, 1999.
Section 34. Applicability. (1) Except as provided in subsection (2), [sections 1 through 3 and 5 through 30] apply to license terms beginning after December 31, 1999.
(2) [Sections 6(4)(a) and (4)(d)] do not apply to used motor vehicle dealers licensed by the department of justice on or before December 31, 1999.
- END -
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