SB 346

Version: 3
Author: Sen. Steve Fitzpatrick (R-MT)

Created by BCL easyConverter SDK 5 (HTML Version)

4A BILL FOR AN ACT ENTITLED: "AN ACT GENERALLY REVISING MOTOR VEHICLE LAWS; DEFINING

5 "MANUFACTURER'S SUGGESTED RETAIL PRICE"; ALLOWING ELECTRONIC RENEWAL NOTICE; 6 INCREASING CERTAIN FEES FOR MOTORCYCLES AND QUADRICYCLES; REVISING COMMERCIAL 7 DRIVER RECIPROCITY; REVISING THE DEFINITION OF "MOTOR VEHICLE RECORD"; CONSOLIDATING 8 RULEMAKING AUTHORITY; ALLOWING FOR BIOPTIC LENS RULEMAKING AUTHORITY; AMENDING 9 SECTIONS 15-15-201, 61-3-224, 61-3-312, 61-3-316, 61-3-321, 61-3-332, 61-3-414, 61-3-415, 61-3-423,

1061-3-474, 61-3-535, 61-4-203, 61-5-111, 61-5-112, 61-5-118, 61-5-123, 61-5-232, 61-11-102, 61-11-503,

1161-12-502, AND 61-13-103, MCA; REPEALING SECTIONS 61-3-315, 61-3-506, 61-4-532, 61-5-125, AND

1261-11-516, MCA; AND PROVIDING EFFECTIVE DATES."

13

14BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

16Section 1. Section 15-15-201, MCA, is amended to read:

17"15-15-201. Motor vehicle tax appeals -- payment and protest of local option taxes or fees in lieu

18of tax on motor vehicles. (1) (a) A taxpayer who seeks to appeal the imposition of local option taxes on light

19vehicles or fees in lieu of tax assessed against a motor vehicle and imposed by the department of justice under

20authority of 15-8-202 shall file a written application for the appeal not later than 30 days after receipt of the mail

21renewal notice from the department as provided in 61-3-535. The application must be on a form prescribed by

22the department of justice in consultation with the state tax appeal board.

23(b) The application must include a specific explanation of the basis for the taxpayer's appeal. The basis

24for appeal must be related to the factors to be considered and applied by the department of justice under

2561-3-503, 61-3-506, and 61-3-529 and established by the department's rulemaking authority in [section 22].

26(2) (a) The treasurer of the county or municipality is not required to deposit local option vehicle taxes or

27fees in lieu of tax on a motor vehicle paid under protest in the special fund designated as a protest fund as

28required for property taxes under 15-1-402. The taxes or fees paid under protest may be reported and distributed

29in the same manner as those received without protest.

30(b) If a refund is payable as a result of the taxpayer prevailing in a tax appeal or court proceeding

1concerning the protested motor vehicle taxes or fees, a refund may be made in accordance with 15-16-603.

2(3) (a) A motor vehicle tax appeal may be heard by the county tax appeal board during its next regularly 3 scheduled session if the application for the appeal was filed by December 1. If during its current session, a county 4 tax appeal board refuses or fails to hear a taxpayer's application that was timely filed by December 1, then the 5 taxpayer's application is considered to be granted on the day following the board's final meeting for that year.

6(b) A motor vehicle tax appeal filed after December 1 may be held over by the board to a session in the 7 following year. If a taxpayer's application that was timely filed after December 1 of the current session of the 8 county tax appeal board is held over to a session in the following year and if the county tax appeal board refuses 9 or fails to hear the application during the following session, then the application is considered to be granted on

10the day following the board's final meeting for that year."

12Section 2. Section 61-3-224, MCA, is amended to read:

13"61-3-224. Temporary registration permit -- authority to adopt rules -- issuance -- placement --

14fees. (1) The department may adopt rules governing the issuance of temporary registration permits. The rules

15must specify the purposes for which a temporary registration permit may be issued, including but not limited to

16issuance to:

17(a) a Montana resident who acquires a new or used motor vehicle, trailer, semitrailer, pole trailer,

18motorboat, sailboat that is 12 feet in length or longer, snowmobile, or off-highway vehicle for operation of the

19vehicle or vessel prior to titling and registration of the vehicle or vessel under this chapter;

20(b) the owner of a salvage vehicle or a vehicle requiring a state-assigned vehicle identification number

21in order to move the vehicle to and from a designated inspection site prior to applying for a new certificate of title

22under 61-3-107 or 61-3-212;

23(c) the owner of a motor vehicle, trailer, semitrailer, or pole trailer registered in this state for operation

24of the vehicle while awaiting production and receipt of special or duplicate license plates ordered for the vehicle

25under this chapter;

26(d) a nonresident of this state who acquires a motor vehicle, trailer, semitrailer, or pole trailer in this state

27for operation of the vehicle prior to its titling and registration under the laws of the nonresident's jurisdiction of

28residence;

29(e) a dealer licensed in another state who brings a motor vehicle or trailer designed and used to apply

30fertilizer to agricultural lands into the state for special demonstration in this state;

1(f) a financial institution located in Montana for a prospective purchaser to demonstrate a motor vehicle 2 that the financial institution has obtained following repossession;

3(g) an insurer or its agent to move a motor vehicle or trailer to auction following acquisition of the vehicle 4 by the insurer as a result of the settlement of an insurance claim;

5 (h) a nonresident owner to temporarily operate a quadricycle or motorcycle designed for off-road 6 recreational use on the highways of this state when the quadricycle or motorcycle designed for off-road 7 recreational use is equipped for use on the highways as prescribed in chapter 9 but the quadricycle or motorcycle 8 designed for off-road recreational use is not registered or is only registered for off-road use in the nonresident's 9 home state; or

10(i) a new owner of a motor vehicle, trailer, semitrailer, pole trailer, motorboat, sailboat that is 12 feet in

11length or longer, snowmobile, or off-highway vehicle for which the new owner cannot, due to circumstances

12beyond the new owner's control, surrender a previously assigned certificate of title.

13(2)(1) (a) The department, an authorized agent, or a county treasurer may issue a temporary registration

14permit for any purpose authorized under the rules adopted by the department.

15(b) An authorized agent or a county treasurer may issue a temporary registration permit without use of

16the department-approved electronic interface only if authorized by the department.

17(3)(2) A person, using a department-approved electronic interface, may issue a temporary registration

18permit for any purpose authorized under the rules adopted by the department.

19(4)(3) A temporary registration permit issued under this section must contain the following information:

20(a) a temporary plate number as prescribed by the department;

21(b) the expiration date of the temporary registration permit; and

22(c) if required by the department, a description of the motor vehicle, trailer, semitrailer, pole trailer,

23motorboat, personal watercraft, sailboat, or snowmobile, including year, make, model, and vehicle identification

24number, the name of the person from whom ownership of the motor vehicle, trailer, semitrailer, pole trailer,

25motorboat, personal watercraft, sailboat, or snowmobile was transferred, the name, mailing address, and

26residence address of the person to whom ownership of the motor vehicle, trailer, semitrailer, pole trailer,

27motorboat, personal watercraft, sailboat, or snowmobile has been transferred, and the date of issuance.

28(5)(4) A temporary registration permit for:

29(a) a motor vehicle, trailer, semitrailer, or pole trailer must be plainly visible and firmly attached to the

30rear exterior of the vehicle where a license plate is required to be displayed; and

1(b) a motorboat, a sailboat that is 12 feet in length or longer, a snowmobile, or an off-highway vehicle 2 must be plainly visible and firmly attached to the vehicle or vessel.

3(6)(5) (a) Except as provided in 61-3-431 and subsections (6)(b) (5)(b) and (6)(c) (5)(c) of this section, 4 a $19.50 fee is imposed upon issuance of a temporary registration permit by the department, an authorized agent, 5 or a county treasurer. The fee must be paid by the owner of the vehicle or vessel and collected by the department, 6 the authorized agent, or a county treasurer upon issuance of the temporary registration permit.

7(b) Except as provided in 61-3-431, a fee of $24.50 is imposed and must be paid upon issuance of a

8 temporary registration permit by:

9(i) the department, an authorized agent, or a county treasurer to a nonresident of this state who acquires 10 a vehicle or vessel in this state or who registers for temporary use in this state a quadricycle or motorcycle 11 designed for off-road recreational use; or

12(ii) a person who issued a temporary registration permit using a department-approved electronic interface.

13(c) A fee of $24 is imposed and must be paid upon issuance of a temporary registration permit for a

1490-day temporary registration permit as provided in 61-3-303(3)(b).

15(7)(6) The fees imposed under this section, upon collection, must be forwarded to the state and

16deposited as follows:

17(a) $16.50 from each permit fee collected pursuant to subsection (6) (5) in the state special revenue

18account established in 44-10-204; and

19(b) the remainder in the motor vehicle electronic commerce operating account provided for in 61-3-118.

20(8)(7) If a temporary registration permit is issued under this section to a person to whom ownership of

21a vehicle or vessel has been transferred, the permitholder shall title and register the vehicle or vessel in this or

22another jurisdiction before the ownership of the vehicle or vessel may be transferred to another person."

23

24Section 3. Section 61-3-312, MCA, is amended to read:

25"61-3-312. Renewal of registration -- exceptions -- grace period. (1) Except as provided in 61-3-313

26and 61-3-721, the registration of a motor vehicle under this chapter must be renewed on or before the last day

27of the month of the motor vehicle's registration period following the expiration of the motor vehicle's registration.

28(2) A person may renew a motor vehicle's registration by submitting full payment for the fees or taxes

29required under 61-3-303 and 61-3-321(13) to the department, an authorized agent, or a county treasurer in any

30county of this state.

1(3) The department, an authorized agent, or a county treasurer shall use the online motor vehicle liability 2 insurance verification system provided in 61-6-157 to verify proof of compliance with 61-6-301.

3(4) Except as provided in 61-3-315 established by the department's rulemaking authority in [section 22], 4 the THE registration period originally assigned under 61-3-311 must be retained and the duration of the renewed 5 registration is determined in accordance with 61-3-311. A registration receipt is valid for the registration period 6 for which it is issued.

7(5) The owner of a motor vehicle subject to registration renewal under the provisions of this section is 8 considered to have renewed the motor vehicle's registration in a timely manner if the owner submits full payment 9 for the required fees or taxes, as prescribed in the mail renewal notice from the department, to the department,

10an authorized agent, or a county treasurer on or before the last day of the month of the motor vehicle's

11registration period.

12(6) The department, an authorized agent, or a county treasurer may not renew the registration of a motor

13vehicle for which ownership has been transferred and that was originally registered without being titled under the

14provisions of 61-3-303(3)(b) unless:

15(a) the previously issued certificate of title has been surrendered to the department, an authorized agent,

16or the county treasurer and the process for issuing a certificate of title has been completed; or

17(b) the person to whom ownership of the motor vehicle has been transferred presents an affidavit and

18bond in support of the application for a certificate of title as permitted in 61-3-208."

19

20Section 4. Section 61-3-316, MCA, is amended to read:

21"61-3-316. New registrations. Except as provided in 61-3-311, a motor vehicle that is registered for the

22first time in this state must be assigned a registration period corresponding to when the motor vehicle is first

23registered in this state. Except as permitted in 61-3-315, 61-3-318, and or 61-3-324, or established by the

24department's rulemaking authority in [section 22], the registration period for a motor vehicle must remain the same

25from year to year."

26

27Section 5. Section 61-3-321, MCA, is amended to read:

28"61-3-321. Registration fees of vehicles and vessels -- certain vehicles exempt from registration

29fees -- disposition of fees -- definition. (1) Except as otherwise provided in this section, registration fees must

30be paid upon registration or, if applicable, renewal of registration of motor vehicles, snowmobiles, watercraft,

1trailers, semitrailers, and pole trailers as provided in subsections (2) through (20).

2(2) (a) Except as provided in subsection (2)(b), unless a light vehicle is permanently registered under 3 61-3-562, the annual registration fee for light vehicles, trucks, and buses that weigh 1 ton or less and for logging

4 trucks that weigh 1 ton or less is as follows:

5(i) if the vehicle is 4 or less years old, $217;

6(ii) if the vehicle is 5 through 10 years old, $87; and

7(iii) if the vehicle is 11 or more years old, $28.

8(b) For a light vehicle with a manufacturer's suggested retail price of more than $150,000 that is 10 years 9 old or less, the annual registration fee is the amount provided for in subsection (2)(a) plus $825.

10(3) (a) Except as provided in subsection subsections (3)(b) and (15), the one-time registration fee based

11on the declared weight of a trailer, semitrailer, or pole trailer is as follows:

12(i) if the declared weight is less than 6,000 pounds, $61.25; or

13(ii) if the declared weight is 6,000 pounds or more, $148.25.

14(b) If For a trailer, semitrailer, or pole trailer that is registered under 61-3-701, the fees required in

15subsection (3)(a) must be paid annually the annual registration fee based on the declared weight is as follows:

16(i) if the declared weight is less than 6,000 pounds, $30; or

17(ii) if the declared weight is 6,000 pounds or more, $60.

18(4) Except as provided in subsection (15), the one-time registration fee for motor vehicles owned and

19operated solely as collector's items pursuant to 61-3-411, based on the weight of the vehicle, is as follows:

20(a) 2,850 pounds and over, $10; and

21(b) under 2,850 pounds, $5.

22(5) Except as provided in subsection (15), the one-time registration fee for off-highway vehicles other

23than a quadricycle or motorcycle is $61.25.

24(6) The annual registration fee for heavy trucks, buses, and logging trucks in excess of 1 ton is $22.75.

25(7) (a) Except as provided in subsection (7)(c), the annual registration fee for a motor home, based on

26the age of the motor home, is as follows:

27(i) less than 2 years old, $282.50;

28(ii) 2 years old and less than 5 years old, $224.25;

29(iii) 5 years old and less than 8 years old, $132.50; and

30(iv) 8 years old and older, $97.50.

1(b) The owner of a motor home that is 11 years old or older and that is subject to the registration fee

2 under this section may permanently register the motor home upon payment of:

3(i) a one-time registration fee of $237.50;

4(ii) unless a new set of license plates is being issued, an insurance verification fee of $5, which must be 5 deposited in the account established under 61-6-158;

6(iii) if applicable, five times the renewal fees for personalized license plates under 61-3-406; and

7(iv) if applicable, the donation fee for a generic specialty license plate under 61-3-480 or a collegiate 8 license plate under 61-3-465.

9(c) For a motor home with a manufacturer's suggested retail price of more than $300,000 that is 10 years 10 old or less, the annual registration fee is the amount provided in subsection (7)(a) plus $800.

11(8) (a) (i) Except as provided in subsection subsections (8)(b) and (15), the one-time registration fee for

12motorcycles and quadricycles registered for use on the public highways is $53.25, the one-time registration fee

13for motorcycles and quadricycles registered for off-highway use is $53.25, and the one-time registration fee for

14motorcycles and quadricycles registered for both off-road use and for use on the public highways is $114.50.

15(b)(ii) An additional fee of $16 must be collected for the registration of each motorcycle or quadricycle

16as a safety fee, which must be deposited in the state motorcycle safety account provided for in 20-25-1002.

17(b) (i) The annual registration fee for motorcycles and quadricycles registered for use on the public

18highways under 61-3-701 is $44.

19(ii) The annual registration fee for motorcycles and quadricycles registered for off-highway use under

2061-3-701 is $44.

21(iii) The annual registration fee for motorcycles and quadricycles registered for both off-road use and for

22use on the public highways under 61-3-701 is $88.

23(iv) An additional safety fee of $7 must be collected annually for each motorcycle or quadricycle

24registered under 61-3-701. The safety fee must be deposited in the state motorcycle safety account provided for

25in 20-25-1002.

26(9) Except as provided in subsection (15), the one-time registration fee for travel trailers, based on the

27length of the travel trailer, is as follows:

28(a) under 16 feet in length, $72; and

29(b) 16 feet in length or longer, $152.

30(10) Except as provided in subsection (15), the one-time registration fee for a motorboat, sailboat,

1personal watercraft, or motorized pontoon required to be numbered under 23-2-512 is as follows:

2(a) for a personal watercraft or a motorboat, sailboat, or motorized pontoon less than 16 feet in length,

3 $65.50;

4(b) for a motorboat, sailboat, or motorized pontoon at least 16 feet in length but less than 19 feet in 5 length, $125.50; and

6(c) for a motorboat, sailboat, or motorized pontoon 19 feet in length or longer, $295.50.

7(11) (a) Except as provided in subsections (11)(b) and (15), the one-time registration fee for a 8 snowmobile is $60.50.

9(b) (i) A snowmobile that is licensed by a Montana business and is owned exclusively for the purpose

10 of daily rental to customers is assessed:

11(A) a fee of $40.50 in the first year of registration; and

12(B) if the business reregisters the snowmobile for a second year, a fee of $20.

13(ii) If the business reregisters the snowmobile for a third year, the snowmobile must be permanently

14registered and the business is assessed the registration fee imposed in subsection (11)(a).

15(12) (a) The one-time registration fee for a low-speed electric vehicle is $25.

16(b) The one-time registration fee for a golf cart that is owned by a person who has or is applying for a

17low-speed restricted driver's license is $25.

18(c) The one-time registration fee for golf carts authorized to operate on certain public streets and

19highways pursuant to 61-8-391 is $25. Upon receipt of the fee, the department shall issue the owner a decal,

20which must be displayed visibly on the golf cart.

21(13) (a) Except as provided in subsection (13)(b), a fee of $10 must be collected when a new set of

22standard license plates, a new single standard license plate, or a replacement set of special license plates

23required under 61-3-332 is issued. The $10 fee imposed under this subsection does not apply when previously

24issued license plates are transferred under 61-3-335. All registration fees imposed under this section must be

25paid if the vehicle to which the plates are transferred is not currently registered.

26(b) An additional fee of $15 must be collected if a vehicle owner elects to keep the same license plate

27number from license plates issued before January 1, 2010, when replacement of those plates is required under

2861-3-332(3).

29(c) The fees imposed in this subsection (13) must be deposited in the account established under

3061-6-158, except that $2 of the fee imposed in subsection (13)(a) must be deposited in the state general fund.

1(14) The provisions of this part with respect to the payment of registration fees do not apply to and are 2 not binding upon motor vehicles, trailers, semitrailers, snowmobiles, watercraft, or tractors owned or controlled 3 by the United States of America or any state, county, city, or special district, as defined in 18-8-202, or to a vehicle 4 or vessel that meets the description of property exempt from taxation under 15-6-201(1)(a), (1)(d), (1)(e), (1)(g), 5 (1)(h), (1)(i), (1)(k), (1)(l), (1)(n), or (1)(o), 15-6-203, or 15-6-215, except as provided in 61-3-520.

6 (15) Whenever ownership of a trailer, semitrailer, pole trailer, off-highway vehicle, motorcycle,

7quadricycle, travel trailer, motor home, motorboat, sailboat, personal watercraft, motorized pontoon, snowmobile,

8 motor vehicle owned and operated solely as a collector's item pursuant to 61-3-411, or low-speed electric vehicle 9 is transferred, the new owner shall title and register the vehicle or vessel as required by this chapter and pay the

10fees imposed under this section.

11(16) A person eligible for a waiver under 61-3-460 is exempt from the fees required under this section.

12(17) Except as otherwise provided in this section, revenue collected under this section must be deposited

13in the state general fund.

14(18) The fees imposed by subsections (2) through (12) are not required to be paid by a dealer for the

15enumerated vehicles or vessels that constitute inventory of the dealership.

16(19) (a) Unless a person exercises the option in either subsection (19)(b) or (19)(c), an additional fee of

17$6 must be collected for each light vehicle registered under this part. This fee must be accounted for and

18transmitted separately from the registration fee. The fee must be deposited in an account in the state special

19revenue fund to be used for state parks, for fishing access sites, and for the operation of state-owned facilities.

20Of the $6 fee, the department of fish, wildlife, and parks shall use $5.37 for state parks [or as otherwise

21appropriated by the legislature], 25 cents for fishing access sites, and 38 cents for the operation of state-owned

22facilities at Virginia City and Nevada City.

23(b) A person who registers a light vehicle may, at the time of annual registration, certify that the person

24does not intend to use the vehicle to visit state parks and fishing access sites and may make a written election

25not to pay the additional $6 fee provided for in subsection (19)(a). If a written election is made, the fee may not

26be collected.

27(c) (i) A person who registers one or more light vehicles may, at the time of annual registration, certify

28that the person does not intend to use any of the vehicles to visit state parks and fishing access sites and may

29make a written election not to pay the additional $6 fee provided for in subsection (19)(a). If a written election is

30made, the fee may not be collected at any subsequent annual registration unless the person makes the written

1election to pay the additional fee on one or more of the light vehicles.

2(ii) The written election not to pay the additional fee on a light vehicle expires if the vehicle is registered 3 to a different person.

4(20) For each light vehicle, trailer, semitrailer, pole trailer, heavy truck, motor home, motorcycle, 5 quadricycle, and travel trailer subject to a registration fee under this section, an additional fee of $10 must be 6 collected and forwarded to the state for deposit in the account established in 44-1-504.

7(21) (a) If a person exercises the option in subsection (21)(b), an additional fee of $5 must be collected 8 for each light vehicle registered under this part. This fee must be accounted for and transmitted separately from 9 the registration fee. The fee must be deposited in an account in the state special revenue fund. Funds in the

10account are statutorily appropriated, as provided in 17-7-502, to the department of transportation and must be

11allocated as provided in 60-3-309.

12(b) A person who registers one or more light vehicles may, at the time of annual registration, make a

13written or electronic election to pay the additional $5 fee provided for in subsection (21)(a).

14(22) This section does not apply to a motor vehicle, trailer, semitrailer, or pole trailer that is governed by

1561-3-721.

16(23) (a) The $800 and $825 amounts collected based on the manufacturer's suggested retail price in

17subsections (2) and (7) are exempt from the provisions of 15-1-122 and must be deposited in the motor vehicle

18division administration account established in 61-3-112.

19(b) By August 15 of each year, beginning in the fiscal year beginning July 1, 2019, the department of

20justice shall deposit into the general fund an amount equal to the fiscal yearend balance minus 25% of the current

21fiscal year appropriation for the motor vehicle division administration account established in 61-3-112.

22(24) (a) For the purposes of this section, "manufacturer's suggested retail price" means the price

23suggested by a manufacturer for each given type, style, or model of a light vehicle or motor home produced and

24first made available for retail sale by the manufacturer.

25(b) The manufacturer's suggested retail price is based on standard equipment of a light vehicle or motor

26home and does not contain price additions or deductions for optional accessories.

27(c) When a manufacturer's suggested retail price is unavailable for a light vehicle or motor home, the

28department shall determine an alternative valuation for the light vehicle or motor home. (Bracketed language

29terminates June 30, 2019--sec. 21, Ch. 351, L. 2017.)"

30

1Section 6. Section 61-3-332, MCA, is amended to read:

2"61-3-332. Standard license plates. (1) In addition to special license plates, collegiate license plates, 3 generic specialty license plates, and fleet license plates authorized under this chapter, a separate series of 4 standard license plates must be issued for motor vehicles, quadricycles, travel trailers, trailers, semitrailers, and 5 pole trailers registered in this state or offered for sale by a vehicle dealer licensed in this state. Standard license 6 plates issued to licensed vehicle dealers must be readily distinguishable from license plates issued to vehicles 7 owned by other persons.

8(2) (a) Except as provided in 61-3-479 and subsections (2)(b), (3)(b), and (3)(c) of this section, all 9 standard license plates for motor vehicles, trailers, semitrailers, or pole trailers must bear a distinctive marking,

10as determined by the department, and be furnished by the department. In years when standard license plates

11are not reissued for a vehicle, the department shall provide a registration decal that must be affixed to the rear

12license plate of the vehicle.

13(b) For light vehicles that are permanently registered as provided in 61-3-562 and motor vehicles

14described in 61-3-303(9) that are permanently registered, the department shall provide a distinctive registration

15decal indicating that the motor vehicle is permanently registered. The registration decal must be affixed to the rear

16license plate of the permanently registered motor vehicle.

17(c) For a travel trailer, motorcycle, quadricycle, trailer, semitrailer, or pole trailer that is permanently

18registered as provided in 61-3-313(2), the department may use the word or an abbreviation for the word

19"permanent" on the plate in lieu of issuing a registration decal for the plate.

20(3) (a) (i) New license plates issued under 61-3-303 or this section must be a standard license plate

21design first issued in 1989 or later or current collegiate or generic specialty license plate designs. For the

22purposes of this subsection (3), all military, veteran, and amateur radio license plates and any license plate with

23a wheelchair design, excluding collegiate or generic specialty plates with a wheelchair design, are treated as

24standard license plates.

25(ii) License plates issued on or after January 1, 2010, must be replaced with new license plates if, upon

26renewal of registration under 61-3-312, the license plates are 5 10 or more years old or will become older than

275 10 years during the registration period. New license plates must be issued in accordance with the

28implementation schedule adopted by the department under 61-3-315 [section 22].

29(iii) A vehicle owner may elect to keep the same license plate number from license plates issued before

30January 1, 2010, when replacement of those plates is required under this subsection.

1(b) A motor vehicle that is registered for a 13-month to a 24-month period, as provided in 61-3-311, may 2 display the license plate and plate design in effect at the time of registration for the entire registration period.

3(c) A light vehicle described in subsection (2)(b) or a motor home that is permanently registered may 4 display the license plate and plate design in effect at the time of registration for the entire period that the light 5 vehicle or motor home is permanently registered.

6(d) The provisions of this subsection (3) do not apply to a travel trailer, motorcycle, quadricycle, trailer, 7 semitrailer, or pole trailer.

8(e) The requirements of this subsection (3) apply to collegiate license plates authorized under 61-3-461 9 through 61-3-468, generic specialty license plates authorized under 61-3-472 through 61-3-481, commemorative

10centennial license plates authorized under 61-3-448, and special military or veteran license plates authorized

11under 61-3-458.

12(4) (a) All license plates must be metal and treated with a reflectorized background material according

13to specifications prescribed by the department. The word "Montana" must be placed on each license plate and,

14except for license plates that are 4 inches wide and 7 inches in length, the outline of the state of Montana must

15be used as a distinctive border on each standard license plate.

16(b) Plates for semitrailers, travel trailers, pole trailers, trailers with a declared weight of 6,000 pounds or

17more, and motor vehicles, other than motorcycles and quadricycles, must be 6 inches wide and 12 inches in

18length.

19(c) Plates for motorcycles and quadricycles must be 4 inches wide and 7 inches in length.

20(d) The department shall issue plates that are 4 inches wide and 7 inches in length for trailers with a

21declared weight of less than 6,000 pounds unless a person registering a trailer with a declared weight of less than

226,000 pounds requests plates that are 6 inches wide and 12 inches in length. A person registering a trailer shall

23pay all applicable fees for the plates chosen.

24(5) The distinctive registration numbers for standard license plates must begin with a number one or with

25a letter-number combination, such as "A 1" or "AA 1", or any other similar combination of letters and numbers.

26Except for special license plates, collegiate license plates, generic specialty license plates, fleet license plates,

27and standard license plates that are 4 inches wide and 7 inches in length, the distinctive registration number or

28letter-number combination assigned to the motor vehicle must appear on the plate preceded by the number of

29the county and appearing in horizontal order on the same horizontal baseline. The county number must be

30separated from the distinctive registration number by a separation mark unless a letter-number combination is

1used. The dimensions of the numerals and letters must be determined by the department, and all county and

2 registration numbers must be of equal height.

3(6) For the use of exempt motor vehicles, trailers, semitrailers, or pole trailers and motor vehicles, 4 trailers, semitrailers, or pole trailers that are exempt from the registration fee as provided in 61-3-321, in addition

5 to the markings provided in this section, standard license plates must bear the following distinctive markings:

6(a) For motor vehicles, trailers, semitrailers, or pole trailers owned by the state, the department may 7 designate the prefix number for the various state departments. All numbered plates issued to state departments 8 must bear the words "State Owned", and a year number may not be indicated on the plates because these 9 numbered plates are of a permanent nature and will be replaced by the department only when the physical

10condition of numbered plates requires it.

11(b) For motor vehicles, trailers, semitrailers, or pole trailers that are owned by the counties,

12municipalities, and special districts, as defined in 18-8-202, organized under the laws of Montana and not

13operating for profit, and that are used and operated by officials and employees in the line of duty and for motor

14vehicles on loan from the United States government or the state of Montana to, or owned by, the civil air patrol

15and used and operated by officials and employees in the line of duty, there must be placed on the standard

16license plates assigned, in a position that the department may designate, the letter "X" or the word "EXEMPT".

17Distinctive registration numbers for plates assigned to motor vehicles, trailers, semitrailers, or pole trailers of each

18of the counties in the state and those of the municipalities and special districts that obtain plates within each

19county must begin with number one and be numbered consecutively. Because these standard license plates are

20of a permanent nature, they are subject to replacement by the department only when the physical condition of

21the license plates requires it and a year number may not be displayed on the plates.

22(7) For the purpose of this chapter, the several counties of the state are assigned numbers as follows:

23Silver Bow, 1; Cascade, 2; Yellowstone, 3; Missoula, 4; Lewis and Clark, 5; Gallatin, 6; Flathead, 7; Fergus, 8;

24Powder River, 9; Carbon, 10; Phillips, 11; Hill, 12; Ravalli, 13; Custer, 14; Lake, 15; Dawson, 16; Roosevelt, 17;

25Beaverhead, 18; Chouteau, 19; Valley, 20; Toole, 21; Big Horn, 22; Musselshell, 23; Blaine, 24; Madison, 25;

26Pondera, 26; Richland, 27; Powell, 28; Rosebud, 29; Deer Lodge, 30; Teton, 31; Stillwater, 32; Treasure, 33;

27Sheridan, 34; Sanders, 35; Judith Basin, 36; Daniels, 37; Glacier, 38; Fallon, 39; Sweet Grass, 40; McCone, 41;

28Carter, 42; Broadwater, 43; Wheatland, 44; Prairie, 45; Granite, 46; Meagher, 47; Liberty, 48; Park, 49; Garfield,

2950; Jefferson, 51; Wibaux, 52; Golden Valley, 53; Mineral, 54; Petroleum, 55; Lincoln, 56. Any new counties must

30be assigned numbers by the department as they are formed, beginning with the number 57.

1(8) Each type of special license plate approved by the legislature, except collegiate license plates 2 authorized in 61-3-463 and generic specialty license plates authorized in 61-3-472 through 61-3-481, must be 3 a separate series of plates, numbered as provided in subsection (5), except that the county number must be 4 replaced by a design that distinguishes each separate plate series. Unless otherwise specifically stated in this 5 section, the special plates are subject to the same rules and laws as govern the issuance of standard license 6 plates, must be placed or mounted on a motor vehicle, trailer, semitrailer, or pole trailer owned by the person who 7 is eligible to receive them, with the registration decal affixed to the rear license plate of the motor vehicle, trailer, 8 semitrailer, or pole trailer, and must be removed upon sale or other disposition of the motor vehicle, trailer, 9 semitrailer, or pole trailer.

10(9) (a) A Montana resident who is eligible to receive a special parking permit under 49-4-301 may and

11a person with a low-speed restricted driver's license operating a low-speed electric vehicle or golf cart as provided

12in 61-5-122 must, upon written application on a form prescribed by the department, be issued a special license

13plate with a design or decal bearing a representation of a wheelchair as the symbol of a person with a disability.

14(b) If the motor vehicle to which the license plate is attached is permanently registered, the owner of the

15motor vehicle shall provide, upon request of a person authorized to enforce special parking laws or ordinances

16in this or any state, evidence of continued eligibility to use the license plate in the form of a valid special parking

17permit issued to or renewed by the vehicle owner under 49-4-304 and 49-4-305.

18(c) A person with a permanent condition, as provided in 49-4-301(2)(b), who has been issued a special

19license plate upon written application, as provided in this subsection (9), is not required to reapply upon

20reregistration of the motor vehicle.

21(10) The provisions of this section do not apply to a motor vehicle, trailer, semitrailer, or pole trailer that

22is registered as part of a fleet, as defined in 61-3-712, and that is subject to the provisions of 61-3-711 through

2361-3-733."

24

25Section 7. Section 61-3-414, MCA, is amended to read:

26"61-3-414. Special motorcycle license plates for military personnel, veterans, and spouses --

27department to design -- fees -- disposition. (1) The department shall design and issue motorcycle license

28plates for all special military and veteran license plates provided for in 61-3-458(2)(d) and (3).

29(2) A person requesting a special military or veteran motorcycle license plate under this section:

30(a) is subject to the eligibility requirements for the license plate as provided in 61-3-458; and

1(b) shall pay to the county treasurer or an authorized agent:

2(i) an administrative fee of $5 upon issuance of the motorcycle license plate, to be deposited in the 3 county general fund;

4(ii) a $5 license plate fee, to be deposited in the state general fund; and

5(iii) a $10 veterans' cemetery fee, to be deposited as provided in 61-3-459(2).

6(3) Upon request, after paying the fees imposed under subsection (2)(b) and any applicable vehicle 7 registration fees under this chapter, the surviving spouse of an eligible veteran, if the spouse has not remarried, 8 may retain the special license plates issued to the deceased veteran, subject to the eligibility requirements for 9 the plate as provided in 61-3-458(4)."

10

11Section 8. Section 61-3-415, MCA, is amended to read:

12"61-3-415. Special motorcycle license plates -- department to design -- fees -- distribution. (1) A

13Montana resident who is the owner of a motorcycle or quadricycle titled and registered under this chapter and

14who pays the fee required under subsection (2) may be issued a special motorcycle license plate bearing a

15design created by the department. The design must recognize the efforts of one or more Montana-based nonprofit

16organizations that grant wishes to chronically or critically ill Montana children.

17(2) A person requesting a special motorcycle license plate under this section shall pay to the county

18treasurer or an authorized agent:

19(a) an administrative fee of $5 upon issuance of the special license plate, to be deposited in the county

20general fund;

21(b) a $5 license plate fee; and

22(c) a donation fee of $20.

23(3) The county treasurer or an authorized agent shall remit the fees required in subsections (2)(b) and

24(2)(c) to the department. For each special plate issued, the department shall deposit $5 in the state general fund

25and $20 in an account in the state special revenue fund to be used by the department as provided in subsection

26(4).

27(4) The department shall use the money deposited in the account in the state special revenue fund as

28provided in subsection (3) to provide grants, using criteria established by the department, to Montana-based

29nonprofit organizations that grant wishes to Montana children who are chronically or critically ill.

30(5) The department shall adopt rules to identify the entity or entities that may qualify for grants under this

1section and to establish the criteria that an entity must meet to receive grant funds.

2(6)(5) The account in the state special revenue fund provided for in subsection (3) is statutorily 3 appropriated to the department, as provided in 17-7-502."

4

5Section 9. Section 61-3-423, MCA, is amended to read:

6"61-3-423. Rules -- limit Limit of one identical pair of plates for each operator. The department shall 7 adopt rules to procure compliance with all the laws of the state regulating the issuance of motor vehicle, trailer, 8 semitrailer, or pole trailer licenses relating to the use and operation of motor vehicles, trailers, semitrailers, or pole 9 trailers before issuing the lettered license plates. The department may not issue more than one identical pair of

10lettered license plates for any licensed amateur radio station in any one licensing period."

12Section 10. Section 61-3-474, MCA, is amended to read:

13"61-3-474. Responsibility for design of generic specialty license plates -- numbering -- rulemaking

14-- approval -- registration decal -- listing of plate sponsors. (1) The department shall:

15(a) design the background and general format of generic specialty license plates;

16(b) in consultation with the department of corrections, determine which license plate processing system

17is the most efficient and versatile manufacturing method for the production of generic specialty license plates;

18and

19(c) use a numbering system for generic specialty license plates that is distinctive from the numbering

20system required under 61-3-332 or used for collegiate license plates;

21(d) adopt rules that prescribe:

22(i) the minimum and maximum number of characters that a generic specialty license plate may display;

23(ii) the general placement of the sponsor's name, identifying phrase, and graphic; and

24(iii) any specifications or limitations on the use or choice of color or detail in the sponsor's graphic design.

25(2) All sponsor names, identifying phrases, and graphics intended for use on generic specialty license

26plates must be approved by the department prior to the manufacture of the plates.

27(3) Upon the issuance of generic specialty license plates, a registration decal must be affixed to the

28license plates as provided in 61-3-332.

29(4) The department shall maintain a list of the sponsors that have been approved to promote the sale

30and issuance of generic specialty license plates, the initial distribution date for sale of each sponsored generic

1specialty license plate, and the donation fee established by the sponsor for each sponsored generic specialty

2 license plate. The department shall, upon request, make copies of this list available to interested members of the 3 public.

4(5) The department may, in its discretion, revoke its previous approval of a sponsor's generic specialty

5 license plate sponsorship if:

6(a) the sponsor fails to comply with the provisions of 61-3-472 through 61-3-481;

7(b) fewer than 400 sets of a sponsor's generic specialty license plate have been sold or renewed in the 8 12-month period immediately preceding the third anniversary of the date of initial distribution of the sponsored 9 generic specialty license plate; or

10(c) the department has reliable information that the sponsor is no longer qualified for sponsorship under

1161-3-472 through 61-3-481.

12(6) (a) Upon revocation of a sponsor's generic specialty license plate sponsorship status, the issuance

13and sale of the sponsor's generic specialty license plates must be terminated.

14(b) A person who owns a motor vehicle displaying valid generic specialty license plates affiliated with

15a sponsor whose sponsorship status has been revoked may continue to display those generic specialty license

16plates on the person's motor vehicle until the motor vehicle's registration is renewed.

17(c) Following revocation of a sponsor's sponsorship status, the department may not issue replacements

18or duplicates of generic specialty license plates affiliated with that sponsor."

19

20Section 11. Section 61-3-535, MCA, is amended to read:

21"61-3-535. Motor vehicle registration renewal -- reminder notice and renewal by mail. (1) The

22owner of a motor vehicle subject to renewal of registration under 61-3-312 may renew the registration of a motor

23vehicle by mail or by electronic methods when the value, age, length, weight, or other criteria used to determine

24the tax or fee for a particular type of motor vehicle are available to the department by electronic means.

25(2) Any mail renewal procedure developed by the department must may:

26(a) include a procedure to facilitate automated handling of mail renewal, including issuance of

27replacement plates when required by statute;

28(b) include a procedure to verify compliance with 61-6-301 using the system provided in 61-6-157; and

29or

30(c) provide for a written reminder notice by mail to the owner of a motor vehicle of the requirement to

1renew the vehicle's registration."

2

3Section 12. Section 61-4-203, MCA, is amended to read:

4"61-4-203. Administration. The department shall supervise and regulate all persons required by this

5 part to be licensed. In the supervision and regulation thereof the department may:

6(1) make investigations it considers necessary; and

7(2) conduct hearings and compel attendance of witnesses at the hearings pursuant to the Montana 8 Administrative Procedure Act; and

9(3) prescribe rules it determines necessary to carry out the provisions of this part."

10

11Section 13. Section 61-5-111, MCA, is amended to read:

12"61-5-111. Contents of driver's license, renewal, license expirations, grace period, and fees for

13licenses, permits, and endorsements -- notice of expiration. (1) (a) The department may appoint county

14treasurers and other qualified officers to act as its agents for the sale of driver's license receipts. The department

15shall adopt necessary rules governing sales. In areas in which the department provides driver licensing services

163 days or more a week, the department is responsible for sale of receipts and may appoint an agent to sell

17receipts.

18(b) The department may enter into an authorized agent agreement with the county treasurer of any

19county in which the department no longer maintains a driver examination station for the purpose of providing

20driver's license renewal services.

21(2) (a) The department, upon receipt of payment of the fees specified in this section, shall issue a driver's

22license to each qualifying applicant. The license must contain:

23(i) a full-face photograph of the licensee in the size and form prescribed by the department;

24(ii) a distinguishing number issued to the licensee;

25(iii) the full legal name, date of birth, Montana residence address unless the licensee requests use of the

26mailing address, and a brief description of the licensee;

27(iv) either the licensee's customary manual signature or a reproduction of the licensee's customary

28manual signature; and

29(v) if the applicant qualifies under subsection (7), indication of the applicant's status as a veteran.

30(b) The department may not use the licensee's social security number as the distinguishing number. A

1license is not valid until it is signed by the licensee.

2(3) (a) When a person applies for renewal of a driver's license, the department shall conduct a records 3 check in accordance with 61-5-110(1) to determine the applicant's eligibility status and shall test the applicant's

4 eyesight. The department may also require the applicant to submit to a knowledge and road or skills test if:

5(i) the renewal applicant has a physical or mental disability, limitation, or condition that impairs, or may 6 impair, the applicant's ability to exercise ordinary and reasonable control in the safe operation of a motor vehicle 7 on the highway; and

8(ii) the expired or expiring license does not include adaptive equipment or operational restrictions 9 appropriate to the applicant's functional abilities; or

10(iii) the applicant wants to remove or modify the restrictions stated on the expired or expiring license.

11(b) In the case of a commercial driver's license, the department shall, if the information was not provided

12in a prior licensing cycle, require the renewal applicant to provide the name of each jurisdiction in which the

13applicant was previously licensed to drive any type of motor vehicle during the 10-year period immediately

14preceding the date of the renewal application and may also require that the applicant successfully complete a

15written examination as required by federal regulations.

16(c) A person is considered to have applied for renewal of a Montana driver's license if the application

17is made within 6 months before or 3 months after the expiration of the person's license. Except as provided in

18subsection (3)(d), a person seeking to renew a driver's license shall appear in person at a Montana driver's

19examination station.

20(d) (i) Except as provided in subsections (3)(d)(iii) through (3)(d)(vi), a person may renew a driver's

21license by mail or online.

22(ii) An applicant who renews a driver's license by mail or online shall submit to the department an

23approved vision examination and a medical evaluation from a licensed physician, licensed physician assistant,

24or advanced practice registered nurse, as defined in 37-8-102, in addition to the fees required for renewal.

25(iii) If the department does not have a digitized photograph and signature record of the renewal applicant

26from the expiring license, then the renewal applicant shall apply in person.

27(iv) Except as provided in subsections (4)(b) and (4)(c), the term of a license renewed by mail or online

28is 8 years.

29(v) The department may not renew a license by mail or online if:

30(A) the records check conducted in accordance with 61-5-110(1) shows an ineligible license status for

1the applicant;

2(B) the applicant holds a commercial driver's license with a hazardous materials endorsement, the 3 retention of which requires additional testing and a security threat assessment under 49 CFR, part 1572;

4(C) the applicant seeks a change of address or a name change; or

5(D) the applicant's license:

6(I) has been expired for 3 months or longer; or

7(II) except as provided in subsection (3)(e), was renewed by mail or online at the time of the applicant's 8 previous renewal.

9(vi) If a license was issued to a foreign national whose presence in the United States is temporarily 10 authorized under federal law, the license may not be renewed by mail or online.

11(e) The spouse or a dependent of a renewal applicant who is stationed outside Montana on active

12military duty may renew the applicant's license by mail or online for one additional consecutive term following a

13renewal by mail or online.

14(f) The department shall mail a driver's license renewal notice no earlier than 90 days and no later than

1530 days prior to the expiration date of a driver's license. Except as provided in 61-3-119 and 61-5-115, the

16department shall mail the notice to the Montana mailing address shown on the driver's license.

17(4) (a) Except as provided in subsections (4)(b) through (4)(e), a license expires on the anniversary of

18the licensee's birthday 8 years or less after the date of issue or on the licensee's 75th birthday, whichever occurs

19first.

20(b) A license issued to a person who is 75 years of age or older expires on the anniversary of the

21licensee's birthday 4 years or less after the date of issue.

22(c) A license issued to a person who is under 21 years of age expires on the licensee's 21st birthday.

23(d) (i) Except as provided in subsection (4)(d)(ii), a commercial driver's license expires on the anniversary

24of the licensee's birthday 5 years or less after the date of issue.

25(ii) When a person obtains a Montana commercial driver's license with a hazardous materials

26endorsement after surrendering a comparable commercial driver's license with a hazardous materials

27endorsement from another licensing jurisdiction, the license expires on the anniversary of the licensee's birthday

285 years or less after the date of the issue of the surrendered license if, as reported in the commercial driver's

29license information system, a security threat assessment was performed on the person as a condition of issuance

30of the surrendered license.

1(e) A license issued to a person who is a foreign national whose presence in the United States is 2 temporarily authorized under federal law expires, as determined by the department, no later than the expiration 3 date of the official document issued to the person by the bureau of citizenship and immigration services of the 4 department of homeland security authorizing the person's presence in the United States.

5(f) The department may adopt rules to implement online driver's license renewal.

6(5) When the department issues a driver's license to a person under 18 years of age, the license must 7 be clearly marked with a notation that conveys the restrictions imposed under 61-5-133.

8(6) (a) Upon application for a driver's license or commercial driver's license and any combination of the

9 specified endorsements, the following fees must be paid:

10(i) driver's license, except a commercial driver's license -- $5 a year or fraction of a year;

11(ii) motorcycle endorsement -- 50 cents a year or fraction of a year;

12(iii) commercial driver's license:

13(A) interstate -- $10 a year or fraction of a year; or

14(B) intrastate -- $8.50 a year or fraction of a year.

15(b) A renewal notice for either a driver's license or a commercial driver's license is 50 cents.

16(7) (a) Upon receiving a request from a person whose status as a veteran has been verified by the

17department of military affairs pursuant to 10-2-1301 and upon receiving the information and fees required in this

18part, the department shall include the word "veteran" on the face of the license.

19(b) After a person's status as a veteran is denoted on a driver's license, the department may not require

20further documentation of that status from the holder of the license upon subsequent renewal or replacement."

22Section 14. Section 61-5-112, MCA, is amended to read:

23"61-5-112. Types and classes of commercial driver's licenses -- classification -- rulemaking --

24reciprocity Reciprocal agreements. (1) The department shall adopt rules that it considers necessary for the

25safety and welfare of the traveling public governing the classification of commercial driver's licenses and related

26endorsements and the examination of commercial driver's license applicants and renewal applicants. The rules

27must:

28(a) subject to the exceptions provided in this section, comport with the licensing standards and

29requirements of 49 CFR, part 383, the medical qualifications of 49 CFR, part 391, and the security threat

30assessment provisions of 49 CFR, part 1572;

1(b) allow for the issuance of a type 2 (intrastate only) commercial driver's license in accordance with 2 medical qualification and visual acuity standards prescribed by the department;

3(c) allow for the issuance of a type 2 commercial driver's license to a person who is 18 years of age or

4 older;

5(d) allow for issuance of a seasonal commercial driver's license based on standards established by the 6 department for the waiver of the knowledge and road or skills test for a qualified person employed in farm-related 7 service industries who has a good driving record and sufficient prior driving experience;

8(e) prescribe the operational and seasonal restrictions for a seasonal commercial driver's license;

9(f) prescribe the requirements for the medical statement that must be submitted in order for a person to 10 be qualified for a type 2 commercial driver's license;

11(g) prescribe the minimum standards for certification of a third-party commercial driver testing program

12and any test waiver under 61-5-118; and

13(h) allow for the issuance of a commercial learner's permit.

14(2) The department is authorized to enter into reciprocal agreements with adjacent states that would

15allow certain drivers of vehicles transporting farm products, farm machinery, or farm supplies within 150 miles

16of a farm to operate without a commercial driver's license because the vehicles are not considered commercial

17motor vehicles as provided in 61-1-101(9)(b)(ii)."

18

19Section 15. Section 61-5-118, MCA, is amended to read:

20"61-5-118. Third-party commercial driver testing program -- certification of testing programs and

21examiners -- rulemaking -- fees -- test waiver. (1) The department may contract with and certify the following

22as a third-party commercial driver testing program to administer the approved commercial driver skills test to a

23Montana commercial driver's license applicant:

24(a) any person, employer of commercial drivers, private driver training facility, or other private company;

25(b) a postsecondary institution as defined in 20-26-603;

26(c) a department, agency, or instrumentality of a local government of the state; or

27(d) a department, agency, or instrumentality of a tribal government of the state.

28(2) A certified third-party driver testing program shall administer the same skills test as would otherwise

29be administered by the department.

30(3) The department shall adopt rules governing the certification, operation, and monitoring of third-party

1testing programs. The rules must:

2(a) substantially comply with the licensing standards and requirements in 49 CFR, part 383, and the state

3 compliance standards in 49 CFR, part 384, including:

4(i) issuance of a commercial driver's license skills testing certificate to a certified program upon execution 5 of a third-party skills testing agreement;

6(ii) requiring that all third-party skills test examiners meet minimum qualifications, including passing 7 background checks paid for by the third-party testing program and successfully completing a formal skills test 8 examiner training course;

9(iii) providing examiner test limitations, minimum testing standards, and refresher training requirements;

10 and

11(iv) requiring recordkeeping and a detailed audit program that includes overt and covert test monitoring

12and onsite audits by state and federal personnel;

13(b) specifically address the requirements for certifying third-party commercial driver testing programs,

14including place of business, appropriate bond and liability insurance, and facilities requirements; and

15(c) specify minimum technology requirements for recordkeeping, scheduling applicants for the skills test,

16conducting the skills test, and electronically transferring skills test results to the department.

17(4)(3) The department may decertify a third-party commercial driver testing program for failure to comply

18with the department rules or federal regulations.

19(5)(4) The department may collect the following fees:

20(a) a fee of $5,000 to certify a third-party commercial driver testing program and a fee of $2,500 for

21certification renewal;

22(b) a fee of $500 to certify each third-party commercial driver examiner and a fee of $100 for certification

23renewal; and

24(c) a fee of $25 for each successfully completed skills test to be paid by the applicant.

25(6)(5) (a) A commercial driver's license applicant who is tested under the third-party commercial driver

26testing program must have passed the knowledge test required by 61-5-110 and complied with commercial

27driver's license department rules and federal regulations and must possess a valid Montana commercial learner's

28permit issued under 61-5-112.

29(b) The road test or the skills test required by 61-5-110 may be waived by the department for a

30commercial driver's license applicant upon certification of the applicant's successful completion of the road test

1or the skills test by:

2(i) a third-party commercial driver testing program certified under this section; or

3(ii) a third-party commercial driver examiner from a jurisdiction that has a comparable third-party 4 commercial driver testing program, as determined by the department."

5

6Section 16. Section 61-5-123, MCA, is amended to read:

7"61-5-123. Waiver of skills test related to military commercial motor vehicles experience --

8rulemaking. (1) The department may waive the skills test required for a commercial driver's license if an applicant

9 meets the conditions in subsection (2) and is:

10(a) a veteran of the armed forces of the United States who was honorably discharged;

11(b) currently serving in the armed forces of the United States;

12(c) serving full-time in a reserve component, as defined in 37-1-138; or

13(d) honorably discharged from the reserve component after serving full-time in the reserve component.

14(2) An applicant shall:

15(a) certify that, during the 2-year period immediately prior to application, the applicant:

16(i) did not have more than one license except for a military license;

17(ii) did not have a license suspended, revoked, or canceled;

18(iii) was not convicted of a disqualifying offense as provided in 49 CFR 383.51(b);

19(iv) did not have more than one conviction for a serious traffic violation as provided in 49 CFR 383.51(c);

20and

21(v) did not have any conviction for a violation of military, state, or local law relating to motor vehicle traffic

22control other than a parking violation arising in connection with any traffic accident and has no record of an

23accident in which the applicant was at fault; and

24(b) provide evidence and certify that:

25(i) the military position in which the applicant served required regular operation over at least a 2-year

26period immediately prior to either discharge or application, as applicable, of a commercial motor vehicle

27representative of the class of motor vehicle for which the applicant is seeking a commercial driver's license; and

28(ii) the applicant was exempted under 49 CFR 383.3(c) from the requirements of this part when operating

29a commercial motor vehicle in the military.

30(3) The department shall adopt rules necessary for the administration of this section."

1

2Section 17. Section 61-5-232, MCA, is amended to read:

3"61-5-232. Restricted-use driving permit -- conditions -- definitions. (1) A person who, pursuant to 4 61-5-105(2), may not be issued a driver's license due to an ineligible status reported by another state to the 5 national driver register may petition the district court of the county in which the person resides for a restricted-use

6 driving permit for use only within the state of Montana if:

7(a) the person has maintained continuous residence in Montana for at least 5 years and is not otherwise 8 ineligible for a license under 61-5-105;

9(b) the person submits a certified driving record from the licensing agency of each state that has reported 10 the person's status as ineligible to the national driver register that shows that at least 5 years have elapsed from 11 the effective date of the most recent withdrawal of the person's driver's license or driving privileges by the other 12 state or states;

13(c) for the 5-year period immediately preceding application for a restricted-use driving permit, the person

14has not been convicted in any jurisdiction of a felony or misdemeanor offense;

15(d) the person certifies that no traffic citations or alcohol-related or drug-related criminal charges are

16currently pending against the person;

17(e) the person certifies that a good faith effort was made to resolve the person's ineligible status through

18the licensing agency of each state or states that reported the person's status as ineligible to the national driver

19register, including the payment of any pending fees or fines; and

20(f) the person provides any other information required by department rule.

21(2) The department may adopt rules to determine the process for issuance, withdrawal, and monitoring

22of a restricted-use driving permit. The department may issue a restricted-use driving permit only to a person who

23satisfies all of the requirements of this section as determined by a district court pursuant to subsection (1). A

24person who is issued a restricted-use driving permit may use it only for an essential driving purpose as defined

25by the department.

26(3) For purposes of this section, the following definitions apply:

27(a) "Most recent withdrawal" means the suspension, revocation, or denial of a driver's license or driving

28privilege underlying a current ineligible status report made by another state's licensing agency to the national

29driver register.

30(b) "National driver register" means the registry established under 49 U.S.C. 30302.

1(c) "Restricted-use driving permit" means a paper document authorizing a person to drive within this state 2 for essential driving purposes only and that is issued by the department to a person whose status on the national 3 driver register is reported as ineligible to operate a motor vehicle other than a commercial motor vehicle."

4

5Section 18. Section 61-11-102, MCA, is amended to read:

6"61-11-102. Records to be kept by department. (1) Except as provided in subsection (8), the 7 department shall create and maintain a central database of electronic files that includes an individual Montana

8 driving record for each person:

9(a) who has been issued a Montana driver's license;

10(b) who does not have a driver's license from, or active driving record in, another jurisdiction and for

11whom the department receives a report of conviction of a traffic violation or an offense requiring suspension or

12revocation of the person's driver's license; and

13(c) whose driver's license or driving privileges have been suspended, revoked, canceled, or otherwise

14withdrawn by the department.

15(2) An individual Montana driving record maintained under this section must include:

16(a) personal information obtained from the application for a driver's license or a report of conviction;

17(b) the person's driver's license number, license type, status, endorsements, restrictions, issue and

18expiration dates, and any suspensions, revocations, disqualifications, or cancellations that have been imposed

19against the person;

20(c) all convictions reported to the department for the person; and

21(d) traffic accidents in which the person was involved, except that a record of involvement in a traffic

22accident may not be entered on a licensee's record unless the licensee was convicted, as defined in 61-11-203,

23for an act causally related to the accident.

24(3) (a) The department shall create and maintain a CDLIS driver record for each person who has been

25issued a Montana commercial driver's license or for whom a record of conviction, disqualification, or other

26licensure action has been taken for violations of any state or local law relating to motor vehicle traffic regulation,

27other than a parking violation, committed while operating a commercial motor vehicle.

28(b) A CDLIS driver record maintained by the department must meet the requirements of 49 CFR 384.225.

29(c) If the department receives notice that a person has been disqualified by the federal motor carrier

30safety administration as an imminent hazard under 49 CFR 383.52, the department shall record the

1disqualification on the CDLIS driver record.

2(4) The department shall retain records created under this section for a period of time that meets or 3 exceeds the standards established under 49 CFR, part 384.

4(5) The department is further authorized, upon receiving a record of the conviction in this state of a 5 nonresident driver of a motor vehicle of any offense under the motor vehicle laws of this state, to forward, by 6 electronic or other means, a report of the conviction to the motor vehicle administrator in the state in which the 7 person is a resident or licensed.

8(6) The department may place on a computer storage device the information contained on original 9 records or reproductions of original records made pursuant to this section. Signatures on records are not required

10to be placed on a computer storage device.

11(7) (a) Except as provided in subsection (7)(b), a reproduction of the information placed on a computer

12storage device is an original of the record for all purposes and is admissible in evidence without further foundation

13in all courts or administrative agencies when the department certifies the record.

14(b) An order, record, or paper generated from the department's central database of electronic files of

15individual Montana driving records may be certified electronically by the generating computer. The certification

16must be a certification of the order, record, or paper as it appeared on a specific date.

17(c) A court, an office of a clerk of court, or an attorney licensed to practice law in this state may receive

18and use a computer-generated individual Montana driving record as evidence without further foundation when:

19(i) the individual Montana driving record is electronically transmitted from the department's central

20database of electronic individual Montana driving records to a department-authorized terminal device maintained

21by the court, the office of the clerk of court, or the attorney; and

22(ii) the judge, an officer of the court, or the attorney certifies that the record was not altered in any way.

23(8) (a) Except as provided in subsection (4), the department may destroy any individual Montana driving

24record maintained under this section if there are no suspensions or revocations on the record and there has been

25no renewed credential in the immediately preceding 16 years.

26(b) The department shall adopt rules governing the destruction of records."

27

28Section 19. Section 61-11-503, MCA, is amended to read:

29"61-11-503. Definitions. As used in this part, the following definitions apply:

30(1) "Disclose" means to engage in any practice or conduct that makes available or known, by means of

1any communication to another person, organization, or entity, personal information contained in a motor vehicle

2 record.

3(2) "Express consent" means an affirmative authorization given in writing by a person to whom personal 4 information pertains that specifically allows the department to release personal information to another person, 5 organization, or entity. Consent may be conveyed electronically if the conveyance includes an electronic 6 signature, as defined in 30-18-102, from the person to whom the personal information pertains.

7(3) "Highly restricted personal information" means an individual's photograph or image, social security 8 number, or medical or disability information.

9(4) "Motor vehicle record" means any record maintained by the department that pertains to a driver's 10 license, commercial driver's license, driving permit, motor vehicle title, motor vehicle registration, or identification 11 card issued by the department identification card, or title or registration for a motor vehicle, trailer, semitrailer, pole 12 trailer, camper, motorboat, personal watercraft, sailboat, snowmobile, or off-highway vehicle.

13(5) "Person" does not mean a state agency or local government entity.

14(6) (a) "Personal information" means information that identifies a person, including a person's name,

15address, telephone number, social security number, driver's license or identification number, date of birth,

16photograph or image, and medical or disability information.

17(b) The term does not include the five-digit zip code of an address, information on vehicular accidents,

18driving or equipment-related violations, a person's driver's license or vehicle registration status, or a vehicle's

19insurance status.

20(7) "Record" includes all books, papers, photographs, photostats, cards, film, tapes, recordings,

21electronic data, printouts, or other documentary materials, regardless of physical form or characteristics."

22

23Section 20. Section 61-12-502, MCA, is amended to read:

24"61-12-502. Rules for identification cards -- veteran Veteran designation. (1) The department shall

25formulate and adopt rules governing the issuance and cancellation of identification cards that comport with the

26proof of identity, residence, and authorized presence standards for a driver's license issued under Title 61,

27chapter 5.

28(2) The department shall include the word "veteran" on the face of an identification card if the

29requirements of 61-5-111(7) are met by the person applying for the identification card."

30

1Section 21. Section 61-13-103, MCA, is amended to read:

2"61-13-103. Seatbelt use required -- exceptions. (1) A driver may not operate a motor vehicle upon 3 a highway of the state of Montana unless each occupant of a designated seating position is wearing a properly 4 adjusted and fastened seatbelt or, if 61-9-420 applies, is properly restrained in a child safety restraint.

5(2) The provisions of this section do not apply to:

6(a) an occupant of a motor vehicle who possesses a written statement from a licensed physician, 7 licensed physician assistant, or advanced practice registered nurse, as defined in 37-8-102, that the occupant 8 is unable to wear a seatbelt for medical reasons;

9(b) an occupant of a motor vehicle in which all seatbelts are being used by other occupants;

10(c) an operator of a motorcycle or a motor-driven cycle;

11(d) an occupant of a vehicle licensed as special mobile equipment; or

12(e) an occupant who makes frequent stops with a motor vehicle during official job duties and who may

13be exempted by the department.

14(3) The department may adopt rules to implement subsection (2)(e).

15(4)(3) The department or its agent may not require a driver who may be in violation of this section to stop

16except:

17(a) upon reasonable cause to believe that the driver has violated another traffic regulation or that the

18driver's vehicle is unsafe or not equipped as required by law; or

19(b) if a person in the vehicle who is under 6 years of age and weighs less than 60 pounds is not properly

20restrained under 61-9-420 or this section."

21

22NEW SECTION. Section 22. Rulemaking authority -- vehicle services. (1) The department shall

23adopt rules for the registration of motor vehicles, including:

24(a) simultaneous registration of multiple motor vehicles that have common ownership;

25(b) verification of compliance with 61-6-301 before registering or renewing a registration of a vehicle or

26issuing new license plates required by 61-3-332(3);

27(c) devising a method to place license plates on the 5-year 10-YEAR reissuance cycle to minimize

28production peaks and valleys;

29(d) governing the renewal of registration pursuant to 61-3-312;

30(e)(D) early registration renewals when an owner of a motor vehicle presents extenuating circumstances;

1and

2(f)(E) automated mailing of license plates by the department or its authorized agent, including an agent 3 under contract with the department pursuant to 61-3-338.

4(2) The department shall adopt rules to procure compliance with all of the laws of the state regulating the 5 issuance of motor vehicle, trailer, semitrailer, or pole trailer licenses relating to the use and operation of motor 6 vehicles, trailers, semitrailers, or pole trailers before issuing the lettered license plates pursuant to 61-3-423.

7(3) The department may adopt rules to establish vehicle brands or carried-forward brands according to 8 61-3-202.

9(4) The department may adopt rules governing affidavit and bond for certificate of title pursuant to 10 61-3-208.

11(5) The department may adopt rules for the implementation and administration of temporary registration

12permits, pursuant to 61-3-224, including issuance to:

13(a) a Montana resident who acquires a new or used motor vehicle, trailer, semitrailer, pole trailer,

14motorboat, sailboat that is 12 feet or longer, snowmobile, or off-highway vehicle for operation of the vehicle or

15vessel prior to titling and registration of the vehicle or vessel under Title 61, chapter 3;

16(b) the owner of a salvage vehicle or a vehicle requiring a state-assigned vehicle identification number

17to move the vehicle to and from a designated inspection site prior to applying for a new certificate of title under

1861-3-107 or 61-3-212;

19(c) the owner of a motor vehicle, trailer, semitrailer, or pole trailer registered in this state for operation of

20the vehicle while awaiting production and receipt of special or duplicate license plates ordered for a vehicle under

21Title 61, chapter 3;

22(d) a nonresident of this state who acquires a motor vehicle, trailer, semitrailer, or pole trailer in this state

23for operation of the vehicle prior to its titling and registration under the laws of the nonresident's jurisdiction of

24residence;

25(e) a dealer licensed in another state who brings a motor vehicle or trailer designed and used to apply

26fertilizer to agricultural lands into the state for special demonstration in this state;

27(f) a financial institution located in Montana for a prospective purchaser to demonstrate a motor vehicle

28that the financial institution has obtained following repossession;

29(g) an insurer or its agent to move a motor vehicle or trailer to auction following acquisition of the vehicle

30by the insurer as a result of the settlement of an insurance claim;

1(h) a nonresident owner to temporarily operate a quadricycle or motorcycle designed for off-road 2 recreational use on the highways of this state when the quadricycle or motorcycle designed for off-road 3 recreational use is equipped for use on the highways as prescribed in Title 61, chapter 9, but the quadricycle or 4 motorcycle designated for off-road recreational use is not registered or is only registered for off-road use in the 5 nonresident's home state; or

6(i) a new owner of a motor vehicle, trailer, semitrailer, pole trailer, motorboat, sailboat that is 12 feet in 7 length or longer, snowmobile, or off-highway vehicle for which the new owner cannot, due to circumstances 8 beyond the new owner's control, surrender a previously assigned certification of title.

9(6) The department may adopt rules for the assessment and collection of registration fees on light 10 vehicles under 61-3-321 and 61-3-562, including the proration of fees under 61-3-520 and criteria for determining 11 the motor vehicle's age.

12(7) The department may adopt rules for imposing and collecting fees in lieu of tax, including:

13(a) the proration of fees in lieu of tax under 61-3-520 on buses, trucks having a manufacturer's rated

14capacity of more than 1 ton, and truck tractors;

15(b) criteria for determining the motor vehicle's age; and

16(c) criteria for determining the manufacturer's rated capacity.

17(8) The department may adopt rules, pursuant to Title 61, chapter 3, for the administration of fees for

18trailers, semitrailers, and pole trailers, including criteria for determining a trailer's age and weight.

19(9) The department shall adopt rules for generic specialty license plates issued pursuant to 61-3-472

20through 61-3-481, including:

21(a) the minimum and maximum number of characters that a generic specialty license plate may display;

22(b) the general placement of the sponsor's name, identifying phrase, and graphic; and

23(c) any specifications or limitations on the use or choice of color or detail in the sponsor's graphic design.

24(10) The department may adopt rules governing dealers pursuant to the provisions of Title 61, chapter

254, including:

26(a) the application and issuance of dealer licenses, including the qualifications of dealers, and the

27staggering of expiration dates pursuant to 61-4-101;

28(b) the issuance of dealer, demonstrator, courtesy, and transit plates pursuant to 61-4-102, 61-4-128

29through 61-4-130, 61-4-301, 61-4-307, and 61-4-308;

30(c) the application and process for renewing a dealer license pursuant to 61-4-124; and

1(d) governing the regulation of persons required to be licensed pursuant to Title 61, chapter 4, part 2.

2(11) The department may adopt rules governing new motor vehicle warranties remedies pursuant to Title 3 61, chapter 4, part 5.

4(12)(11) The department may adopt rules for local option tax appeals pursuant to 15-15-201.

5(13)(12) The department may adopt rules to implement any other provision of this title.

6

7NEW SECTION. Section 23. Rulemaking authority -- driver's licenses and identification cards.

8(1) The department may adopt rules to administer and enforce the provisions of Title 61, chapter 5.

9(2) The department may adopt rules governing acceptable methods of proof of identification, including 10 name, date of birth, and authorized presence, that an individual must submit when applying for a license or 11 identification card, including a new, renewal, or replacement license or identification card.

12(3) The department may adopt rules governing the determination of the driver's license expiration date,

13minimum and maximum license terms, and license renewal requirements for a driver's license issued to a person

14who is a foreign national whose presence in the United States is temporarily authorized under federal law.

15(4) The department shall adopt rules governing the calculation of grace periods for renewals and the

16calculation of other time periods established by statute or federal regulation.

17(5) The department may adopt rules governing the renewal of a driver's license by a person in the military

18assigned to active duty who had a valid Montana driver's license at the time of entering active duty.

19(6) The department shall adopt rules to set the standards for driver license examinations and

20reexaminations.

21(7) The department may adopt rules to set the standards for photographs, certifications, and signature

22requirements for the issuance of driver's licenses.

23(8) The department shall adopt rules establishing the functional abilities and skills required to exercise

24ordinary and reasonable control to safely operate a motor vehicle. The rules:

25(a) must include operational restrictions based on the driver's ability and skills;

26(b) may direct the design of one or more types of skills tests. A skills test may consist of:

27(i) a comprehensive assessment of a person's functional abilities by means of an actual demonstration

28of the applicant's ability to exercise ordinary and reasonable control in the safe operation of a motor vehicle; or

29(ii) a more limited assessment of a person's functional abilities, conducted at the discretion of the

30department, as related to a specific physical or mental condition or conditions or a request for reexamination.

1(c) must include appropriate licensing criteria relating to the use of adaptive equipment or operational 2 limits that can be readily discerned by law enforcement or a licensing agency in another jurisdiction.

3(9) The department shall adopt rules establishing vision requirements for a person to safely operate a

4 motor vehicle. The rules:

5(a) must include the minimum uncorrected or corrected visual acuity requirements for both unrestricted 6 and restricted licenses and operational restrictions based on the visual acuity of an applicant or licensee, 7 including the use of bioptic lenses; and

8(b) may include minimum field of vision and depth perception requirements for both unrestricted and 9 restricted licenses.

10(10) The rules in subsections (8) and (9):

11(a) may take into consideration any nationally recognized standards or recommended practices or

12standards of other jurisdictions for assessment of a person's functional abilities and skills;

13(b) may be derived from medical guidelines and information compiled by driver licensing medical advisory

14or review boards from other jurisdictions, as well as information received from advocacy groups for persons with

15disabilities and senior citizens; and

16(c) except as provided in 61-5-105, may not use a person's age or a person's physical or mental disability,

17limitation, or condition as a justification for the denial of a license.

18(11) The department shall adopt rules governing the issuance of a restricted learner license, including

19when the department may issue a restricted learner license to allow for a driver to practice driving skills.

20(12) The department shall adopt rules governing the issuance of a hardship license to a person who is

21at least 13 years of age and because of individual hardship needs a restricted driver's license, including a person

22who holds a learner license under 61-5-106. The department must consider, among other criteria, whether a

23hardship license is needed because the applicant's parent or guardian is not available to accompany the licensee,

24whether due to employment or circumstances related to the operation of a farm or ranch or because the parent

25or guardian does not hold a valid driver's license, and the licensee is required to drive to the licensee's school

26bus stop.

27(13) The department may adopt rules governing probationary licenses, including:

28(a) issuance to a person whose license has been suspended or revoked or whose license is subject to

29a discretionary suspension or revocation;

30(b) the establishment of restrictions placed on a probationary license;

1(c) the expiration of a probationary license;

2(d) the cancellation of a probationary license for violating the restrictions on the probationary license or 3 for another law violation; and

4(e) the issuance, withdrawal, and monitoring of a restricted-use driving permit issued under 61-5-232.

5(14) The department may adopt rules governing the requirements for a veteran designation on a driver's 6 license or identification card.

7(15) The department may adopt rules governing the issuance of a replacement driver's license.

8(16) The department may adopt rules governing the certification process for cooperative driver testing 9 program instructors.

10(17) The department may adopt rules for the implementation of online driver's license renewal.

11(18) The department shall adopt rules governing the issuance, renewal, and cancellation of identification

12cards that align with the proof of identity, residence, and authorized presence standards for a driver's license.

13(19) The department may adopt rules for determining moving violations.

14(20) The department may adopt rules for charging a fee for not appearing at a scheduled commercial

15skills test or motorcycle test and for the waiver of the fee for good cause shown.

16(21) The department may adopt rules governing the conditions under which an applicant is eligible to

17receive a driver's license or identification card by expedited service and to set the fee for expedited service.

18(22) The department may adopt rules to implement any other provision of this title.

19

20NEW SECTION. Section 24. Rulemaking authority -- commercial driver licensing. (1) The

21department shall adopt rules governing the classification of commercial driver's licenses and related

22endorsements and the examination of commercial driver's license applicants and renewal applicants that the

23department considers necessary for the safety and welfare of the traveling public. The rules must:

24(a) subject to the department's functional and vision requirements, conform to the licensing standards

25and requirements of 49 CFR, part 383, the medical qualification of 49 CFR, part 391, and the security threat

26assessment provisions of 49 CFR, part 1572;

27(b) allow for the issuance of an interstate commercial driver's license;

28(c) allow for the issuance of an intrastate-only commercial driver's license, including the establishment

29of medical qualification and visual acuity standards;

30(d) establish the requirement for the issuance of a seasonal commercial driver's license, including the

1waiver of the knowledge and skills test for a qualified person employed in a farm-related service industry;

2(e) establish the operational and seasonal restrictions for a seasonal commercial driver's license;

3(f) establish the requirements for the medical statement that must be submitted for a person to be 4 qualified for a commercial driver's license; and

5(g) allow for and establish the requirements for the issuance of a commercial learner's permit.

6(2) The department shall adopt rules governing the minimum standards for certification of a third-party 7 commercial driver testing program and any test waiver under 61-5-118 and governing the certification, operation,

8 and monitoring of third-party skills testing programs. The rules must:

9(a) substantially comply with the licensing standards and requirements of 49 CFR, part 383, and the state

10 compliance standards of 49 CFR, part 384, including:

11(i) issuance of a commercial driver's license skills testing certificate to a certified program upon execution

12of a third-party skills testing agreement;

13(ii) requiring that all third-party skills test examiners meet minimum qualifications, including passing

14background checks paid for by the third-party testing program and successfully completing a formal skills test

15examiner training course;

16(iii) providing examiner test limitations, minimum testing standards, and refresher training requirements;

17and

18(iv) requiring recordkeeping and a detailed audit program that includes overt and covert test monitoring

19and onsite audits by state and federal personnel;

20(b) specifically address the requirements for certifying third-party commercial driver testing programs,

21including place of business, appropriate bond and liability insurance, and facilities requirements; and

22(c) specify minimum technology requirements for recordkeeping, scheduling applicants for the skills test,

23conducting the skills test, and electronically transferring skills test results to the department.

24(3) The department shall adopt rules governing the waiver of knowledge and skills tests related to

25commercial vehicle operators with military experience.

26

27NEW SECTION. Section 25. Other rulemaking authority. (1) The department shall adopt rules to

28identify the entity or entities that may qualify for grants under 61-3-415 and to establish criteria that an entity must

29meet to receive grant funds.

30(2) The department may adopt rules for the application, certification, and determination of the ability of

1a self-insurer to pay any judgment under 61-6-143.

2(3) The department may adopt rules for individuals who are exempt from wearing seatbelts under 3 61-13-103.

4(4) The department shall adopt rules governing sales, including sales of receipts by county treasurers 5 and other authorized agents.

6(5) The department may adopt rules governing the cancellation of received services upon receipt of an 7 insufficient funds check in payment for a service.

8(6) The department may adopt rules for the implementation of the Montana Driver Privacy Protection Act,

9 including procedures for:

10(a) verifying the identity of a person requesting personal information;

11(b) maintaining records for release of personal information by the department or by any recipient under

12Title 61, chapter 11, part 5; and

13(c) providing for oversight of sale or disclosure of personal information to third parties.

14(7) The department may adopt rules for governing recordkeeping, including the destruction of records.

16NEW SECTION. Section 26. Repealer. The following sections of the Montana Code Annotated are

17repealed:

1861-3-315. Rules -- early renewal.

1961-3-506. Rules.

2061-4-532. Rulemaking.

2161-5-125. Authority of department -- rulemaking authority.

2261-11-516. Rulemaking.

23

24NEW SECTION. Section 27. Codification instruction. [Sections 21 through 25] are intended to be

25codified as an integral part of Title 61, and the provisions of Title 61 apply to [sections 21 through 25].

26

27COORDINATION SECTION. SECTION 28. COORDINATION INSTRUCTION. IF HOUSE BILL NO. 355 AND [THIS

28ACT] ARE PASSED AND APPROVED AND IF BOTH CONTAIN A SECTION THAT AMENDS SUBSECTION (8) OF 61-3-321, THEN

29SUBSECTION (8) OF 61-3-321 MUST BE AMENDED AS FOLLOWS:

30"(8) (a) (i) Except as provided in subsection subsections (8)(b), (8)(c), and (15), the one-time registration

1fee for motorcycles and quadricycles registered for use on the public highways is $53.25, the one-time registration

2 fee for motorcycles and quadricycles registered for off-highway use is $53.25, and the one-time registration fee 3 for motorcycles and quadricycles registered for both off-road use and for use on the public highways is $114.50.

4(b)(ii) An additional fee of $16 must be collected for the registration of each motorcycle or quadricycle 5 as a safety fee, which must be deposited in the state motorcycle safety account provided for in 20-25-1002.

6(b) (i) The annual registration fee for motorcycles and quadricycles registered for use on the public 7 highways under 61-3-701 is $44.

8(ii) The annual registration fee for motorcycles and quadricycles registered for off-highway use under 9 61-3-701 is $44.

10(iii) The annual registration fee for motorcycles and quadricycles registered for both off-road use and for

11use on the public highways under 61-3-701 is $88.

12(iv) An additional safety fee of $7 must be collected annually for each motorcycle or quadricycle

13registered under 61-3-701. The safety fee must be deposited in the state motorcycle safety account provided for

14in 20-25-1002.

15(c) Whenever a valid summer motorized recreation trail pass issued pursuant to [section 2 of House Bill

16No. 355] is affixed to a motorcycle or quadricycle, the one-time registration fee for motorcycles and quadricycles

17registered for:

18(i) use on public highways is $33.25; and

19(ii) both off-road use and for use on the public highways is $94.50."

20

21COORDINATION SECTION. SECTION 29. COORDINATION INSTRUCTION. IF HOUSE BILL NO. 412 AND [THIS

22ACT] ARE BOTH PASSED AND APPROVED AND IF HOUSE BILL NO. 412 AMENDS 61-3-315 AND [THIS ACT] REPEALS

2361-3-315, THEN [SECTION 22 OF THIS ACT] MUST BE AMENDED AS FOLLOWS:

24"NEW SECTION. Section 22. Rulemaking authority -- vehicle services. (1) The department shall

25adopt rules for the registration of motor vehicles, including:

26(a) simultaneous registration of multiple motor vehicles that have common ownership;

27(b) provision of notice of the text of 61-3-303(5)(c)(i) with the mail renewal notice from the department;

28(b)(C) verification of compliance with 61-6-301 before registering or renewing a registration of a vehicle

29or issuing new license plates required by 61-3-332(3);

30(c)(d) devising a method to place license plates on the 5-year reissuance cycle to minimize production

1peaks and valleys;

2(d)governing the renewal of registration pursuant to 61-3-312;

3(e)(e) early registration renewals when an owner of a motor vehicle presents extenuating circumstances;

4 and

5(f)(f) automated mailing of license plates by the department or its authorized agent, including an agent 6 under contract with the department pursuant to 61-3-338.

7(2) The department shall adopt rules to procure compliance with all of the laws of the state regulating the 8 issuance of motor vehicle, trailer, semitrailer, or pole trailer licenses relating to the use and operation of motor 9 vehicles, trailers, semitrailers, or pole trailers before issuing the lettered license plates pursuant to 61-3-423.

10(3) The department may adopt rules to establish vehicle brands or carried-forward brands according to

1161-3-202.

12(4) The department may adopt rules governing affidavit and bond for certificate of title pursuant to

1361-3-208.

14(5) The department may adopt rules for the implementation and administration of temporary registration

15permits, pursuant to 61-3-224, including issuance to:

16(a) a Montana resident who acquires a new or used motor vehicle, trailer, semitrailer, pole trailer,

17motorboat, sailboat that is 12 feet or longer, snowmobile, or off-highway vehicle for operation of the vehicle or

18vessel prior to titling and registration of the vehicle or vessel under Title 61, chapter 3;

19(b) the owner of a salvage vehicle or a vehicle requiring a state-assigned vehicle identification number

20to move the vehicle to and from a designated inspection site prior to applying for a new certificate of title under

2161-3-107 or 61-3-212;

22(c) the owner of a motor vehicle, trailer, semitrailer, or pole trailer registered in this state for operation

23of the vehicle while awaiting production and receipt of special or duplicate license plates ordered for a vehicle

24under Title 61, chapter 3;

25(d) a nonresident of this state who acquires a motor vehicle, trailer, semitrailer, or pole trailer in this state

26for operation of the vehicle prior to its titling and registration under the laws of the nonresident's jurisdiction of

27residence;

28(e) a dealer licensed in another state who brings a motor vehicle or trailer designed and used to apply

29fertilizer to agricultural lands into the state for special demonstration in this state;

30(f) a financial institution located in Montana for a prospective purchaser to demonstrate a motor vehicle

1that the financial institution has obtained following repossession;

2(g) an insurer or its agent to move a motor vehicle or trailer to auction following acquisition of the vehicle 3 by the insurer as a result of the settlement of an insurance claim;

4 (h) a nonresident owner to temporarily operate a quadricycle or motorcycle designed for off-road 5 recreational use on the highways of this state when the quadricycle or motorcycle designed for off-road 6 recreational use is equipped for use on the highways as prescribed in Title 61, chapter 9, but the quadricycle or 7 motorcycle designated for off-road recreational use is not registered or is only registered for off-road use in the 8 nonresident's home state; or

9(i) a new owner of a motor vehicle, trailer, semitrailer, pole trailer, motorboat, sailboat that is 12 feet in 10 length or longer, snowmobile, or off-highway vehicle for which the new owner cannot, due to circumstances 11 beyond the new owner's control, surrender a previously assigned certification of title.

12(6) The department may adopt rules for the assessment and collection of registration fees on light

13vehicles under 61-3-321 and 61-3-562, including the proration of fees under 61-3-520 and criteria for determining

14the motor vehicle's age.

15(7) The department may adopt rules for imposing and collecting fees in lieu of tax, including:

16(a) the proration of fees in lieu of tax under 61-3-520 on buses, trucks having a manufacturer's rated

17capacity of more than 1 ton, and truck tractors;

18(b) criteria for determining the motor vehicle's age; and

19(c) criteria for determining the manufacturer's rated capacity.

20(8) The department may adopt rules, pursuant to Title 61, chapter 3, for the administration of fees for

21trailers, semitrailers, and pole trailers, including criteria for determining a trailer's age and weight.

22(9) The department shall adopt rules for generic specialty license plates issued pursuant to 61-3-472

23through 61-3-481, including:

24(a) the minimum and maximum number of characters that a generic specialty license plate may display;

25(b) the general placement of the sponsor's name, identifying phrase, and graphic; and

26(c) any specifications or limitations on the use or choice of color or detail in the sponsor's graphic design.

27(10) The department may adopt rules governing dealers pursuant to the provisions of Title 61, chapter

284, including:

29(a) the application and issuance of dealer licenses, including the qualifications of dealers, and the

30staggering of expiration dates pursuant to 61-4-101;

1(b) the issuance of dealer, demonstrator, courtesy, and transit plates pursuant to 61-4-102, 61-4-128 2 through 61-4-130, 61-4-301, 61-4-307, and 61-4-308;

3(c) the application and process for renewing a dealer license pursuant to 61-4-124; and

4(d) governing the regulation of persons required to be licensed pursuant to Title 61, chapter 4, part 2.

5(11) The department may adopt rules governing new motor vehicle warranties remedies pursuant to Title 6 61, chapter 4, part 5.

7(12)(11) The department may adopt rules for local option tax appeals pursuant to 15-15-201.

8(13)(12) The department may adopt rules to implement any other provision of this title."

9

10COORDINATION SECTION. SECTION 30. COORDINATION INSTRUCTION. IF SENATE BILL NO. 65 AND [THIS

11ACT] ARE BOTH PASSED AND APPROVED AND IF SENATE BILL NO. 65 AMENDS 61-5-125 AND [THIS ACT] REPEALS

1261-5-125, THEN [SECTION 23 OF THIS ACT] MUST BE AMENDED AS FOLLOWS:

13"NEW SECTION. Section 23. Rulemaking authority -- driver's licenses and identification cards.

14(1) The department may adopt rules to administer and enforce the provisions of Title 61, chapter 5.

15(2) The department may adopt rules governing acceptable methods of proof of identification, including

16name, date of birth, and authorized presence, that an individual must submit when applying for a license or

17identification card, including a new, renewal, or replacement license or identification card.

18(3) The department may adopt rules governing the determination of the driver's license expiration date,

19minimum and maximum license terms, and license renewal requirements for a driver's license issued to a person

20who is a foreign national whose presence in the United States is temporarily authorized under federal law.

21(4) The department shall adopt rules governing the calculation of grace periods for renewals and the

22calculation of other time periods established by statute or federal regulation.

23(5) The department may adopt rules governing the renewal of a driver's license by a person in the military

24assigned to active duty who had a valid Montana driver's license at the time of entering active duty.

25(6) The department shall adopt rules to set the standards for driver license examinations and

26reexaminations.

27(7) The department may adopt rules to set the standards for photographs, certifications, and signature

28requirements for the issuance of driver's licenses.

29(8) The department shall adopt rules establishing the functional abilities and skills required to exercise

30ordinary and reasonable control to safely operate a motor vehicle. The rules:

1(a) must include operational restrictions based on the driver's ability and skills;

2(b) may direct the design of one or more types of skills tests. A skills test may consist of:

3(i) a comprehensive assessment of a person's functional abilities by means of an actual demonstration 4 of the applicant's ability to exercise ordinary and reasonable control in the safe operation of a motor vehicle; or

5(ii) a more limited assessment of a person's functional abilities, conducted at the discretion of the 6 department, as related to a specific physical or mental condition or conditions or a request for reexamination.

7(c) must include appropriate licensing criteria relating to the use of adaptive equipment or operational 8 limits that can be readily discerned by law enforcement or a licensing agency in another jurisdiction.

9(9) The department shall adopt rules establishing vision requirements for a person to safely operate a

10 motor vehicle. The rules:

11(a) must include the minimum uncorrected or corrected visual acuity requirements for both unrestricted

12and restricted licenses and operational restrictions based on the visual acuity of an applicant or licensee,

13including the use of bioptic lenses; and

14(b) may include minimum field of vision and depth perception requirements for both unrestricted and

15restricted licenses.

16(10) The rules in subsections (8) and (9):

17(a) may take into consideration any nationally recognized standards or recommended practices or

18standards of other jurisdictions for assessment of a person's functional abilities and skills;

19(b) may be derived from medical guidelines and information compiled by driver licensing medical advisory

20or review boards from other jurisdictions, as well as information received from advocacy groups for persons with

21disabilities and senior citizens; and

22(c) except as provided in 61-5-105, may not use a person's age or a person's physical or mental disability,

23limitation, or condition as a justification for the denial of a license.

24(11) The department shall adopt rules governing the issuance of a restricted learner license, including

25when the department may issue a restricted learner license to allow for a driver to practice driving skills.

26(12) The department shall adopt rules governing the issuance of a hardship license to a person who is

27at least 13 years of age and because of individual hardship needs a restricted driver's license, including a person

28who holds a learner license under 61-5-106. The department must consider, among other criteria, whether a

29hardship license is needed because the applicant's parent or guardian is not available to accompany the licensee,

30whether due to employment or circumstances related to the operation of a farm or ranch or because the parent

1or guardian does not hold a valid driver's license, and the licensee is required to drive to the licensee's school

2 bus stop.

3(13) The department may adopt rules governing probationary licenses, including:

4(a) issuance to a person whose license has been suspended or revoked or whose license is subject to 5 a discretionary suspension or revocation;

6(b) the establishment of restrictions and duration placed on a probationary license;

7(c) the expiration of a probationary license;

8(d) the cancellation of a probationary license for violating the restrictions on the probationary license or 9 for another law violation; and

10(d) issuance and cancellation of probationary or restricted driver licenses, including the requirements for

11issuing a probationary license when the person is convicted in an out-of-state jurisdiction;

12(e) the determination of the appropriate sanction to apply based on a conviction or administrative action,

13including the duration and requirements for restoration;

14(f) the procedures for the collection, distribution, and strict accountability of any funds received for fees

15collected for an implied consent refusal; and

16(e)(g) the issuance, withdrawal, and monitoring of a restricted-use driving permit issued under 61-5-232.

17(14) The department may adopt rules governing the requirements for a veteran designation on a driver's

18license or identification card.

19(15) The department may adopt rules governing the issuance of a replacement driver's license.

20(16) The department may adopt rules governing the certification process for cooperative driver testing

21program instructors.

22(17) The department may adopt rules for the implementation of online driver's license renewal.

23(18) The department shall adopt rules governing the issuance, renewal, and cancellation of identification

24cards that align with the proof of identity, residence, and authorized presence standards for a driver's license.

25(19) The department may adopt rules for determining moving violations.

26(20) The department may adopt rules for charging a fee for not appearing at a scheduled commercial

27skills test or motorcycle test and for the waiver of the fee for good cause shown.

28(21) The department may adopt rules governing the conditions under which an applicant is eligible to

29receive a driver's license or identification card by expedited service and to set the fee for expedited service.

30(22) The department may adopt rules to implement any other provision of this title."

1

2NEW SECTION. Section 31. Effective dates. (1) Except as provided in subsection (2), [this act] is 3 effective on passage and approval.

4(2) [Section 5(8)] is effective January 1, 2020.

SB 346

Version: 3
Author: Sen. Steve Fitzpatrick (R-MT)

Created by BCL easyConverter SDK 5 (HTML Version)

4A BILL FOR AN ACT ENTITLED: "AN ACT GENERALLY REVISING MOTOR VEHICLE LAWS; DEFINING

5 "MANUFACTURER'S SUGGESTED RETAIL PRICE"; ALLOWING ELECTRONIC RENEWAL NOTICE; 6 INCREASING CERTAIN FEES FOR MOTORCYCLES AND QUADRICYCLES; REVISING COMMERCIAL 7 DRIVER RECIPROCITY; REVISING THE DEFINITION OF "MOTOR VEHICLE RECORD"; CONSOLIDATING 8 RULEMAKING AUTHORITY; ALLOWING FOR BIOPTIC LENS RULEMAKING AUTHORITY; AMENDING 9 SECTIONS 15-15-201, 61-3-224, 61-3-312, 61-3-316, 61-3-321, 61-3-332, 61-3-414, 61-3-415, 61-3-423,

1061-3-474, 61-3-535, 61-4-203, 61-5-111, 61-5-112, 61-5-118, 61-5-123, 61-5-232, 61-11-102, 61-11-503,

1161-12-502, AND 61-13-103, MCA; REPEALING SECTIONS 61-3-315, 61-3-506, 61-4-532, 61-5-125, AND

1261-11-516, MCA; AND PROVIDING EFFECTIVE DATES."

13

14BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

16Section 1. Section 15-15-201, MCA, is amended to read:

17"15-15-201. Motor vehicle tax appeals -- payment and protest of local option taxes or fees in lieu

18of tax on motor vehicles. (1) (a) A taxpayer who seeks to appeal the imposition of local option taxes on light

19vehicles or fees in lieu of tax assessed against a motor vehicle and imposed by the department of justice under

20authority of 15-8-202 shall file a written application for the appeal not later than 30 days after receipt of the mail

21renewal notice from the department as provided in 61-3-535. The application must be on a form prescribed by

22the department of justice in consultation with the state tax appeal board.

23(b) The application must include a specific explanation of the basis for the taxpayer's appeal. The basis

24for appeal must be related to the factors to be considered and applied by the department of justice under

2561-3-503, 61-3-506, and 61-3-529 and established by the department's rulemaking authority in [section 22].

26(2) (a) The treasurer of the county or municipality is not required to deposit local option vehicle taxes or

27fees in lieu of tax on a motor vehicle paid under protest in the special fund designated as a protest fund as

28required for property taxes under 15-1-402. The taxes or fees paid under protest may be reported and distributed

29in the same manner as those received without protest.

30(b) If a refund is payable as a result of the taxpayer prevailing in a tax appeal or court proceeding

1concerning the protested motor vehicle taxes or fees, a refund may be made in accordance with 15-16-603.

2(3) (a) A motor vehicle tax appeal may be heard by the county tax appeal board during its next regularly 3 scheduled session if the application for the appeal was filed by December 1. If during its current session, a county 4 tax appeal board refuses or fails to hear a taxpayer's application that was timely filed by December 1, then the 5 taxpayer's application is considered to be granted on the day following the board's final meeting for that year.

6(b) A motor vehicle tax appeal filed after December 1 may be held over by the board to a session in the 7 following year. If a taxpayer's application that was timely filed after December 1 of the current session of the 8 county tax appeal board is held over to a session in the following year and if the county tax appeal board refuses 9 or fails to hear the application during the following session, then the application is considered to be granted on

10the day following the board's final meeting for that year."

12Section 2. Section 61-3-224, MCA, is amended to read:

13"61-3-224. Temporary registration permit -- authority to adopt rules -- issuance -- placement --

14fees. (1) The department may adopt rules governing the issuance of temporary registration permits. The rules

15must specify the purposes for which a temporary registration permit may be issued, including but not limited to

16issuance to:

17(a) a Montana resident who acquires a new or used motor vehicle, trailer, semitrailer, pole trailer,

18motorboat, sailboat that is 12 feet in length or longer, snowmobile, or off-highway vehicle for operation of the

19vehicle or vessel prior to titling and registration of the vehicle or vessel under this chapter;

20(b) the owner of a salvage vehicle or a vehicle requiring a state-assigned vehicle identification number

21in order to move the vehicle to and from a designated inspection site prior to applying for a new certificate of title

22under 61-3-107 or 61-3-212;

23(c) the owner of a motor vehicle, trailer, semitrailer, or pole trailer registered in this state for operation

24of the vehicle while awaiting production and receipt of special or duplicate license plates ordered for the vehicle

25under this chapter;

26(d) a nonresident of this state who acquires a motor vehicle, trailer, semitrailer, or pole trailer in this state

27for operation of the vehicle prior to its titling and registration under the laws of the nonresident's jurisdiction of

28residence;

29(e) a dealer licensed in another state who brings a motor vehicle or trailer designed and used to apply

30fertilizer to agricultural lands into the state for special demonstration in this state;

1(f) a financial institution located in Montana for a prospective purchaser to demonstrate a motor vehicle 2 that the financial institution has obtained following repossession;

3(g) an insurer or its agent to move a motor vehicle or trailer to auction following acquisition of the vehicle 4 by the insurer as a result of the settlement of an insurance claim;

5 (h) a nonresident owner to temporarily operate a quadricycle or motorcycle designed for off-road 6 recreational use on the highways of this state when the quadricycle or motorcycle designed for off-road 7 recreational use is equipped for use on the highways as prescribed in chapter 9 but the quadricycle or motorcycle 8 designed for off-road recreational use is not registered or is only registered for off-road use in the nonresident's 9 home state; or

10(i) a new owner of a motor vehicle, trailer, semitrailer, pole trailer, motorboat, sailboat that is 12 feet in

11length or longer, snowmobile, or off-highway vehicle for which the new owner cannot, due to circumstances

12beyond the new owner's control, surrender a previously assigned certificate of title.

13(2)(1) (a) The department, an authorized agent, or a county treasurer may issue a temporary registration

14permit for any purpose authorized under the rules adopted by the department.

15(b) An authorized agent or a county treasurer may issue a temporary registration permit without use of

16the department-approved electronic interface only if authorized by the department.

17(3)(2) A person, using a department-approved electronic interface, may issue a temporary registration

18permit for any purpose authorized under the rules adopted by the department.

19(4)(3) A temporary registration permit issued under this section must contain the following information:

20(a) a temporary plate number as prescribed by the department;

21(b) the expiration date of the temporary registration permit; and

22(c) if required by the department, a description of the motor vehicle, trailer, semitrailer, pole trailer,

23motorboat, personal watercraft, sailboat, or snowmobile, including year, make, model, and vehicle identification

24number, the name of the person from whom ownership of the motor vehicle, trailer, semitrailer, pole trailer,

25motorboat, personal watercraft, sailboat, or snowmobile was transferred, the name, mailing address, and

26residence address of the person to whom ownership of the motor vehicle, trailer, semitrailer, pole trailer,

27motorboat, personal watercraft, sailboat, or snowmobile has been transferred, and the date of issuance.

28(5)(4) A temporary registration permit for:

29(a) a motor vehicle, trailer, semitrailer, or pole trailer must be plainly visible and firmly attached to the

30rear exterior of the vehicle where a license plate is required to be displayed; and

1(b) a motorboat, a sailboat that is 12 feet in length or longer, a snowmobile, or an off-highway vehicle 2 must be plainly visible and firmly attached to the vehicle or vessel.

3(6)(5) (a) Except as provided in 61-3-431 and subsections (6)(b) (5)(b) and (6)(c) (5)(c) of this section, 4 a $19.50 fee is imposed upon issuance of a temporary registration permit by the department, an authorized agent, 5 or a county treasurer. The fee must be paid by the owner of the vehicle or vessel and collected by the department, 6 the authorized agent, or a county treasurer upon issuance of the temporary registration permit.

7(b) Except as provided in 61-3-431, a fee of $24.50 is imposed and must be paid upon issuance of a

8 temporary registration permit by:

9(i) the department, an authorized agent, or a county treasurer to a nonresident of this state who acquires 10 a vehicle or vessel in this state or who registers for temporary use in this state a quadricycle or motorcycle 11 designed for off-road recreational use; or

12(ii) a person who issued a temporary registration permit using a department-approved electronic interface.

13(c) A fee of $24 is imposed and must be paid upon issuance of a temporary registration permit for a

1490-day temporary registration permit as provided in 61-3-303(3)(b).

15(7)(6) The fees imposed under this section, upon collection, must be forwarded to the state and

16deposited as follows:

17(a) $16.50 from each permit fee collected pursuant to subsection (6) (5) in the state special revenue

18account established in 44-10-204; and

19(b) the remainder in the motor vehicle electronic commerce operating account provided for in 61-3-118.

20(8)(7) If a temporary registration permit is issued under this section to a person to whom ownership of

21a vehicle or vessel has been transferred, the permitholder shall title and register the vehicle or vessel in this or

22another jurisdiction before the ownership of the vehicle or vessel may be transferred to another person."

23

24Section 3. Section 61-3-312, MCA, is amended to read:

25"61-3-312. Renewal of registration -- exceptions -- grace period. (1) Except as provided in 61-3-313

26and 61-3-721, the registration of a motor vehicle under this chapter must be renewed on or before the last day

27of the month of the motor vehicle's registration period following the expiration of the motor vehicle's registration.

28(2) A person may renew a motor vehicle's registration by submitting full payment for the fees or taxes

29required under 61-3-303 and 61-3-321(13) to the department, an authorized agent, or a county treasurer in any

30county of this state.

1(3) The department, an authorized agent, or a county treasurer shall use the online motor vehicle liability 2 insurance verification system provided in 61-6-157 to verify proof of compliance with 61-6-301.

3(4) Except as provided in 61-3-315 established by the department's rulemaking authority in [section 22], 4 the THE registration period originally assigned under 61-3-311 must be retained and the duration of the renewed 5 registration is determined in accordance with 61-3-311. A registration receipt is valid for the registration period 6 for which it is issued.

7(5) The owner of a motor vehicle subject to registration renewal under the provisions of this section is 8 considered to have renewed the motor vehicle's registration in a timely manner if the owner submits full payment 9 for the required fees or taxes, as prescribed in the mail renewal notice from the department, to the department,

10an authorized agent, or a county treasurer on or before the last day of the month of the motor vehicle's

11registration period.

12(6) The department, an authorized agent, or a county treasurer may not renew the registration of a motor

13vehicle for which ownership has been transferred and that was originally registered without being titled under the

14provisions of 61-3-303(3)(b) unless:

15(a) the previously issued certificate of title has been surrendered to the department, an authorized agent,

16or the county treasurer and the process for issuing a certificate of title has been completed; or

17(b) the person to whom ownership of the motor vehicle has been transferred presents an affidavit and

18bond in support of the application for a certificate of title as permitted in 61-3-208."

19

20Section 4. Section 61-3-316, MCA, is amended to read:

21"61-3-316. New registrations. Except as provided in 61-3-311, a motor vehicle that is registered for the

22first time in this state must be assigned a registration period corresponding to when the motor vehicle is first

23registered in this state. Except as permitted in 61-3-315, 61-3-318, and or 61-3-324, or established by the

24department's rulemaking authority in [section 22], the registration period for a motor vehicle must remain the same

25from year to year."

26

27Section 5. Section 61-3-321, MCA, is amended to read:

28"61-3-321. Registration fees of vehicles and vessels -- certain vehicles exempt from registration

29fees -- disposition of fees -- definition. (1) Except as otherwise provided in this section, registration fees must

30be paid upon registration or, if applicable, renewal of registration of motor vehicles, snowmobiles, watercraft,

1trailers, semitrailers, and pole trailers as provided in subsections (2) through (20).

2(2) (a) Except as provided in subsection (2)(b), unless a light vehicle is permanently registered under 3 61-3-562, the annual registration fee for light vehicles, trucks, and buses that weigh 1 ton or less and for logging

4 trucks that weigh 1 ton or less is as follows:

5(i) if the vehicle is 4 or less years old, $217;

6(ii) if the vehicle is 5 through 10 years old, $87; and

7(iii) if the vehicle is 11 or more years old, $28.

8(b) For a light vehicle with a manufacturer's suggested retail price of more than $150,000 that is 10 years 9 old or less, the annual registration fee is the amount provided for in subsection (2)(a) plus $825.

10(3) (a) Except as provided in subsection subsections (3)(b) and (15), the one-time registration fee based

11on the declared weight of a trailer, semitrailer, or pole trailer is as follows:

12(i) if the declared weight is less than 6,000 pounds, $61.25; or

13(ii) if the declared weight is 6,000 pounds or more, $148.25.

14(b) If For a trailer, semitrailer, or pole trailer that is registered under 61-3-701, the fees required in

15subsection (3)(a) must be paid annually the annual registration fee based on the declared weight is as follows:

16(i) if the declared weight is less than 6,000 pounds, $30; or

17(ii) if the declared weight is 6,000 pounds or more, $60.

18(4) Except as provided in subsection (15), the one-time registration fee for motor vehicles owned and

19operated solely as collector's items pursuant to 61-3-411, based on the weight of the vehicle, is as follows:

20(a) 2,850 pounds and over, $10; and

21(b) under 2,850 pounds, $5.

22(5) Except as provided in subsection (15), the one-time registration fee for off-highway vehicles other

23than a quadricycle or motorcycle is $61.25.

24(6) The annual registration fee for heavy trucks, buses, and logging trucks in excess of 1 ton is $22.75.

25(7) (a) Except as provided in subsection (7)(c), the annual registration fee for a motor home, based on

26the age of the motor home, is as follows:

27(i) less than 2 years old, $282.50;

28(ii) 2 years old and less than 5 years old, $224.25;

29(iii) 5 years old and less than 8 years old, $132.50; and

30(iv) 8 years old and older, $97.50.

1(b) The owner of a motor home that is 11 years old or older and that is subject to the registration fee

2 under this section may permanently register the motor home upon payment of:

3(i) a one-time registration fee of $237.50;

4(ii) unless a new set of license plates is being issued, an insurance verification fee of $5, which must be 5 deposited in the account established under 61-6-158;

6(iii) if applicable, five times the renewal fees for personalized license plates under 61-3-406; and

7(iv) if applicable, the donation fee for a generic specialty license plate under 61-3-480 or a collegiate 8 license plate under 61-3-465.

9(c) For a motor home with a manufacturer's suggested retail price of more than $300,000 that is 10 years 10 old or less, the annual registration fee is the amount provided in subsection (7)(a) plus $800.

11(8) (a) (i) Except as provided in subsection subsections (8)(b) and (15), the one-time registration fee for

12motorcycles and quadricycles registered for use on the public highways is $53.25, the one-time registration fee

13for motorcycles and quadricycles registered for off-highway use is $53.25, and the one-time registration fee for

14motorcycles and quadricycles registered for both off-road use and for use on the public highways is $114.50.

15(b)(ii) An additional fee of $16 must be collected for the registration of each motorcycle or quadricycle

16as a safety fee, which must be deposited in the state motorcycle safety account provided for in 20-25-1002.

17(b) (i) The annual registration fee for motorcycles and quadricycles registered for use on the public

18highways under 61-3-701 is $44.

19(ii) The annual registration fee for motorcycles and quadricycles registered for off-highway use under

2061-3-701 is $44.

21(iii) The annual registration fee for motorcycles and quadricycles registered for both off-road use and for

22use on the public highways under 61-3-701 is $88.

23(iv) An additional safety fee of $7 must be collected annually for each motorcycle or quadricycle

24registered under 61-3-701. The safety fee must be deposited in the state motorcycle safety account provided for

25in 20-25-1002.

26(9) Except as provided in subsection (15), the one-time registration fee for travel trailers, based on the

27length of the travel trailer, is as follows:

28(a) under 16 feet in length, $72; and

29(b) 16 feet in length or longer, $152.

30(10) Except as provided in subsection (15), the one-time registration fee for a motorboat, sailboat,

1personal watercraft, or motorized pontoon required to be numbered under 23-2-512 is as follows:

2(a) for a personal watercraft or a motorboat, sailboat, or motorized pontoon less than 16 feet in length,

3 $65.50;

4(b) for a motorboat, sailboat, or motorized pontoon at least 16 feet in length but less than 19 feet in 5 length, $125.50; and

6(c) for a motorboat, sailboat, or motorized pontoon 19 feet in length or longer, $295.50.

7(11) (a) Except as provided in subsections (11)(b) and (15), the one-time registration fee for a 8 snowmobile is $60.50.

9(b) (i) A snowmobile that is licensed by a Montana business and is owned exclusively for the purpose

10 of daily rental to customers is assessed:

11(A) a fee of $40.50 in the first year of registration; and

12(B) if the business reregisters the snowmobile for a second year, a fee of $20.

13(ii) If the business reregisters the snowmobile for a third year, the snowmobile must be permanently

14registered and the business is assessed the registration fee imposed in subsection (11)(a).

15(12) (a) The one-time registration fee for a low-speed electric vehicle is $25.

16(b) The one-time registration fee for a golf cart that is owned by a person who has or is applying for a

17low-speed restricted driver's license is $25.

18(c) The one-time registration fee for golf carts authorized to operate on certain public streets and

19highways pursuant to 61-8-391 is $25. Upon receipt of the fee, the department shall issue the owner a decal,

20which must be displayed visibly on the golf cart.

21(13) (a) Except as provided in subsection (13)(b), a fee of $10 must be collected when a new set of

22standard license plates, a new single standard license plate, or a replacement set of special license plates

23required under 61-3-332 is issued. The $10 fee imposed under this subsection does not apply when previously

24issued license plates are transferred under 61-3-335. All registration fees imposed under this section must be

25paid if the vehicle to which the plates are transferred is not currently registered.

26(b) An additional fee of $15 must be collected if a vehicle owner elects to keep the same license plate

27number from license plates issued before January 1, 2010, when replacement of those plates is required under

2861-3-332(3).

29(c) The fees imposed in this subsection (13) must be deposited in the account established under

3061-6-158, except that $2 of the fee imposed in subsection (13)(a) must be deposited in the state general fund.

1(14) The provisions of this part with respect to the payment of registration fees do not apply to and are 2 not binding upon motor vehicles, trailers, semitrailers, snowmobiles, watercraft, or tractors owned or controlled 3 by the United States of America or any state, county, city, or special district, as defined in 18-8-202, or to a vehicle 4 or vessel that meets the description of property exempt from taxation under 15-6-201(1)(a), (1)(d), (1)(e), (1)(g), 5 (1)(h), (1)(i), (1)(k), (1)(l), (1)(n), or (1)(o), 15-6-203, or 15-6-215, except as provided in 61-3-520.

6 (15) Whenever ownership of a trailer, semitrailer, pole trailer, off-highway vehicle, motorcycle,

7quadricycle, travel trailer, motor home, motorboat, sailboat, personal watercraft, motorized pontoon, snowmobile,

8 motor vehicle owned and operated solely as a collector's item pursuant to 61-3-411, or low-speed electric vehicle 9 is transferred, the new owner shall title and register the vehicle or vessel as required by this chapter and pay the

10fees imposed under this section.

11(16) A person eligible for a waiver under 61-3-460 is exempt from the fees required under this section.

12(17) Except as otherwise provided in this section, revenue collected under this section must be deposited

13in the state general fund.

14(18) The fees imposed by subsections (2) through (12) are not required to be paid by a dealer for the

15enumerated vehicles or vessels that constitute inventory of the dealership.

16(19) (a) Unless a person exercises the option in either subsection (19)(b) or (19)(c), an additional fee of

17$6 must be collected for each light vehicle registered under this part. This fee must be accounted for and

18transmitted separately from the registration fee. The fee must be deposited in an account in the state special

19revenue fund to be used for state parks, for fishing access sites, and for the operation of state-owned facilities.

20Of the $6 fee, the department of fish, wildlife, and parks shall use $5.37 for state parks [or as otherwise

21appropriated by the legislature], 25 cents for fishing access sites, and 38 cents for the operation of state-owned

22facilities at Virginia City and Nevada City.

23(b) A person who registers a light vehicle may, at the time of annual registration, certify that the person

24does not intend to use the vehicle to visit state parks and fishing access sites and may make a written election

25not to pay the additional $6 fee provided for in subsection (19)(a). If a written election is made, the fee may not

26be collected.

27(c) (i) A person who registers one or more light vehicles may, at the time of annual registration, certify

28that the person does not intend to use any of the vehicles to visit state parks and fishing access sites and may

29make a written election not to pay the additional $6 fee provided for in subsection (19)(a). If a written election is

30made, the fee may not be collected at any subsequent annual registration unless the person makes the written

1election to pay the additional fee on one or more of the light vehicles.

2(ii) The written election not to pay the additional fee on a light vehicle expires if the vehicle is registered 3 to a different person.

4(20) For each light vehicle, trailer, semitrailer, pole trailer, heavy truck, motor home, motorcycle, 5 quadricycle, and travel trailer subject to a registration fee under this section, an additional fee of $10 must be 6 collected and forwarded to the state for deposit in the account established in 44-1-504.

7(21) (a) If a person exercises the option in subsection (21)(b), an additional fee of $5 must be collected 8 for each light vehicle registered under this part. This fee must be accounted for and transmitted separately from 9 the registration fee. The fee must be deposited in an account in the state special revenue fund. Funds in the

10account are statutorily appropriated, as provided in 17-7-502, to the department of transportation and must be

11allocated as provided in 60-3-309.

12(b) A person who registers one or more light vehicles may, at the time of annual registration, make a

13written or electronic election to pay the additional $5 fee provided for in subsection (21)(a).

14(22) This section does not apply to a motor vehicle, trailer, semitrailer, or pole trailer that is governed by

1561-3-721.

16(23) (a) The $800 and $825 amounts collected based on the manufacturer's suggested retail price in

17subsections (2) and (7) are exempt from the provisions of 15-1-122 and must be deposited in the motor vehicle

18division administration account established in 61-3-112.

19(b) By August 15 of each year, beginning in the fiscal year beginning July 1, 2019, the department of

20justice shall deposit into the general fund an amount equal to the fiscal yearend balance minus 25% of the current

21fiscal year appropriation for the motor vehicle division administration account established in 61-3-112.

22(24) (a) For the purposes of this section, "manufacturer's suggested retail price" means the price

23suggested by a manufacturer for each given type, style, or model of a light vehicle or motor home produced and

24first made available for retail sale by the manufacturer.

25(b) The manufacturer's suggested retail price is based on standard equipment of a light vehicle or motor

26home and does not contain price additions or deductions for optional accessories.

27(c) When a manufacturer's suggested retail price is unavailable for a light vehicle or motor home, the

28department shall determine an alternative valuation for the light vehicle or motor home. (Bracketed language

29terminates June 30, 2019--sec. 21, Ch. 351, L. 2017.)"

30

1Section 6. Section 61-3-332, MCA, is amended to read:

2"61-3-332. Standard license plates. (1) In addition to special license plates, collegiate license plates, 3 generic specialty license plates, and fleet license plates authorized under this chapter, a separate series of 4 standard license plates must be issued for motor vehicles, quadricycles, travel trailers, trailers, semitrailers, and 5 pole trailers registered in this state or offered for sale by a vehicle dealer licensed in this state. Standard license 6 plates issued to licensed vehicle dealers must be readily distinguishable from license plates issued to vehicles 7 owned by other persons.

8(2) (a) Except as provided in 61-3-479 and subsections (2)(b), (3)(b), and (3)(c) of this section, all 9 standard license plates for motor vehicles, trailers, semitrailers, or pole trailers must bear a distinctive marking,

10as determined by the department, and be furnished by the department. In years when standard license plates

11are not reissued for a vehicle, the department shall provide a registration decal that must be affixed to the rear

12license plate of the vehicle.

13(b) For light vehicles that are permanently registered as provided in 61-3-562 and motor vehicles

14described in 61-3-303(9) that are permanently registered, the department shall provide a distinctive registration

15decal indicating that the motor vehicle is permanently registered. The registration decal must be affixed to the rear

16license plate of the permanently registered motor vehicle.

17(c) For a travel trailer, motorcycle, quadricycle, trailer, semitrailer, or pole trailer that is permanently

18registered as provided in 61-3-313(2), the department may use the word or an abbreviation for the word

19"permanent" on the plate in lieu of issuing a registration decal for the plate.

20(3) (a) (i) New license plates issued under 61-3-303 or this section must be a standard license plate

21design first issued in 1989 or later or current collegiate or generic specialty license plate designs. For the

22purposes of this subsection (3), all military, veteran, and amateur radio license plates and any license plate with

23a wheelchair design, excluding collegiate or generic specialty plates with a wheelchair design, are treated as

24standard license plates.

25(ii) License plates issued on or after January 1, 2010, must be replaced with new license plates if, upon

26renewal of registration under 61-3-312, the license plates are 5 10 or more years old or will become older than

275 10 years during the registration period. New license plates must be issued in accordance with the

28implementation schedule adopted by the department under 61-3-315 [section 22].

29(iii) A vehicle owner may elect to keep the same license plate number from license plates issued before

30January 1, 2010, when replacement of those plates is required under this subsection.

1(b) A motor vehicle that is registered for a 13-month to a 24-month period, as provided in 61-3-311, may 2 display the license plate and plate design in effect at the time of registration for the entire registration period.

3(c) A light vehicle described in subsection (2)(b) or a motor home that is permanently registered may 4 display the license plate and plate design in effect at the time of registration for the entire period that the light 5 vehicle or motor home is permanently registered.

6(d) The provisions of this subsection (3) do not apply to a travel trailer, motorcycle, quadricycle, trailer, 7 semitrailer, or pole trailer.

8(e) The requirements of this subsection (3) apply to collegiate license plates authorized under 61-3-461 9 through 61-3-468, generic specialty license plates authorized under 61-3-472 through 61-3-481, commemorative

10centennial license plates authorized under 61-3-448, and special military or veteran license plates authorized

11under 61-3-458.

12(4) (a) All license plates must be metal and treated with a reflectorized background material according

13to specifications prescribed by the department. The word "Montana" must be placed on each license plate and,

14except for license plates that are 4 inches wide and 7 inches in length, the outline of the state of Montana must

15be used as a distinctive border on each standard license plate.

16(b) Plates for semitrailers, travel trailers, pole trailers, trailers with a declared weight of 6,000 pounds or

17more, and motor vehicles, other than motorcycles and quadricycles, must be 6 inches wide and 12 inches in

18length.

19(c) Plates for motorcycles and quadricycles must be 4 inches wide and 7 inches in length.

20(d) The department shall issue plates that are 4 inches wide and 7 inches in length for trailers with a

21declared weight of less than 6,000 pounds unless a person registering a trailer with a declared weight of less than

226,000 pounds requests plates that are 6 inches wide and 12 inches in length. A person registering a trailer shall

23pay all applicable fees for the plates chosen.

24(5) The distinctive registration numbers for standard license plates must begin with a number one or with

25a letter-number combination, such as "A 1" or "AA 1", or any other similar combination of letters and numbers.

26Except for special license plates, collegiate license plates, generic specialty license plates, fleet license plates,

27and standard license plates that are 4 inches wide and 7 inches in length, the distinctive registration number or

28letter-number combination assigned to the motor vehicle must appear on the plate preceded by the number of

29the county and appearing in horizontal order on the same horizontal baseline. The county number must be

30separated from the distinctive registration number by a separation mark unless a letter-number combination is

1used. The dimensions of the numerals and letters must be determined by the department, and all county and

2 registration numbers must be of equal height.

3(6) For the use of exempt motor vehicles, trailers, semitrailers, or pole trailers and motor vehicles, 4 trailers, semitrailers, or pole trailers that are exempt from the registration fee as provided in 61-3-321, in addition

5 to the markings provided in this section, standard license plates must bear the following distinctive markings:

6(a) For motor vehicles, trailers, semitrailers, or pole trailers owned by the state, the department may 7 designate the prefix number for the various state departments. All numbered plates issued to state departments 8 must bear the words "State Owned", and a year number may not be indicated on the plates because these 9 numbered plates are of a permanent nature and will be replaced by the department only when the physical

10condition of numbered plates requires it.

11(b) For motor vehicles, trailers, semitrailers, or pole trailers that are owned by the counties,

12municipalities, and special districts, as defined in 18-8-202, organized under the laws of Montana and not

13operating for profit, and that are used and operated by officials and employees in the line of duty and for motor

14vehicles on loan from the United States government or the state of Montana to, or owned by, the civil air patrol

15and used and operated by officials and employees in the line of duty, there must be placed on the standard

16license plates assigned, in a position that the department may designate, the letter "X" or the word "EXEMPT".

17Distinctive registration numbers for plates assigned to motor vehicles, trailers, semitrailers, or pole trailers of each

18of the counties in the state and those of the municipalities and special districts that obtain plates within each

19county must begin with number one and be numbered consecutively. Because these standard license plates are

20of a permanent nature, they are subject to replacement by the department only when the physical condition of

21the license plates requires it and a year number may not be displayed on the plates.

22(7) For the purpose of this chapter, the several counties of the state are assigned numbers as follows:

23Silver Bow, 1; Cascade, 2; Yellowstone, 3; Missoula, 4; Lewis and Clark, 5; Gallatin, 6; Flathead, 7; Fergus, 8;

24Powder River, 9; Carbon, 10; Phillips, 11; Hill, 12; Ravalli, 13; Custer, 14; Lake, 15; Dawson, 16; Roosevelt, 17;

25Beaverhead, 18; Chouteau, 19; Valley, 20; Toole, 21; Big Horn, 22; Musselshell, 23; Blaine, 24; Madison, 25;

26Pondera, 26; Richland, 27; Powell, 28; Rosebud, 29; Deer Lodge, 30; Teton, 31; Stillwater, 32; Treasure, 33;

27Sheridan, 34; Sanders, 35; Judith Basin, 36; Daniels, 37; Glacier, 38; Fallon, 39; Sweet Grass, 40; McCone, 41;

28Carter, 42; Broadwater, 43; Wheatland, 44; Prairie, 45; Granite, 46; Meagher, 47; Liberty, 48; Park, 49; Garfield,

2950; Jefferson, 51; Wibaux, 52; Golden Valley, 53; Mineral, 54; Petroleum, 55; Lincoln, 56. Any new counties must

30be assigned numbers by the department as they are formed, beginning with the number 57.

1(8) Each type of special license plate approved by the legislature, except collegiate license plates 2 authorized in 61-3-463 and generic specialty license plates authorized in 61-3-472 through 61-3-481, must be 3 a separate series of plates, numbered as provided in subsection (5), except that the county number must be 4 replaced by a design that distinguishes each separate plate series. Unless otherwise specifically stated in this 5 section, the special plates are subject to the same rules and laws as govern the issuance of standard license 6 plates, must be placed or mounted on a motor vehicle, trailer, semitrailer, or pole trailer owned by the person who 7 is eligible to receive them, with the registration decal affixed to the rear license plate of the motor vehicle, trailer, 8 semitrailer, or pole trailer, and must be removed upon sale or other disposition of the motor vehicle, trailer, 9 semitrailer, or pole trailer.

10(9) (a) A Montana resident who is eligible to receive a special parking permit under 49-4-301 may and

11a person with a low-speed restricted driver's license operating a low-speed electric vehicle or golf cart as provided

12in 61-5-122 must, upon written application on a form prescribed by the department, be issued a special license

13plate with a design or decal bearing a representation of a wheelchair as the symbol of a person with a disability.

14(b) If the motor vehicle to which the license plate is attached is permanently registered, the owner of the

15motor vehicle shall provide, upon request of a person authorized to enforce special parking laws or ordinances

16in this or any state, evidence of continued eligibility to use the license plate in the form of a valid special parking

17permit issued to or renewed by the vehicle owner under 49-4-304 and 49-4-305.

18(c) A person with a permanent condition, as provided in 49-4-301(2)(b), who has been issued a special

19license plate upon written application, as provided in this subsection (9), is not required to reapply upon

20reregistration of the motor vehicle.

21(10) The provisions of this section do not apply to a motor vehicle, trailer, semitrailer, or pole trailer that

22is registered as part of a fleet, as defined in 61-3-712, and that is subject to the provisions of 61-3-711 through

2361-3-733."

24

25Section 7. Section 61-3-414, MCA, is amended to read:

26"61-3-414. Special motorcycle license plates for military personnel, veterans, and spouses --

27department to design -- fees -- disposition. (1) The department shall design and issue motorcycle license

28plates for all special military and veteran license plates provided for in 61-3-458(2)(d) and (3).

29(2) A person requesting a special military or veteran motorcycle license plate under this section:

30(a) is subject to the eligibility requirements for the license plate as provided in 61-3-458; and

1(b) shall pay to the county treasurer or an authorized agent:

2(i) an administrative fee of $5 upon issuance of the motorcycle license plate, to be deposited in the 3 county general fund;

4(ii) a $5 license plate fee, to be deposited in the state general fund; and

5(iii) a $10 veterans' cemetery fee, to be deposited as provided in 61-3-459(2).

6(3) Upon request, after paying the fees imposed under subsection (2)(b) and any applicable vehicle 7 registration fees under this chapter, the surviving spouse of an eligible veteran, if the spouse has not remarried, 8 may retain the special license plates issued to the deceased veteran, subject to the eligibility requirements for 9 the plate as provided in 61-3-458(4)."

10

11Section 8. Section 61-3-415, MCA, is amended to read:

12"61-3-415. Special motorcycle license plates -- department to design -- fees -- distribution. (1) A

13Montana resident who is the owner of a motorcycle or quadricycle titled and registered under this chapter and

14who pays the fee required under subsection (2) may be issued a special motorcycle license plate bearing a

15design created by the department. The design must recognize the efforts of one or more Montana-based nonprofit

16organizations that grant wishes to chronically or critically ill Montana children.

17(2) A person requesting a special motorcycle license plate under this section shall pay to the county

18treasurer or an authorized agent:

19(a) an administrative fee of $5 upon issuance of the special license plate, to be deposited in the county

20general fund;

21(b) a $5 license plate fee; and

22(c) a donation fee of $20.

23(3) The county treasurer or an authorized agent shall remit the fees required in subsections (2)(b) and

24(2)(c) to the department. For each special plate issued, the department shall deposit $5 in the state general fund

25and $20 in an account in the state special revenue fund to be used by the department as provided in subsection

26(4).

27(4) The department shall use the money deposited in the account in the state special revenue fund as

28provided in subsection (3) to provide grants, using criteria established by the department, to Montana-based

29nonprofit organizations that grant wishes to Montana children who are chronically or critically ill.

30(5) The department shall adopt rules to identify the entity or entities that may qualify for grants under this

1section and to establish the criteria that an entity must meet to receive grant funds.

2(6)(5) The account in the state special revenue fund provided for in subsection (3) is statutorily 3 appropriated to the department, as provided in 17-7-502."

4

5Section 9. Section 61-3-423, MCA, is amended to read:

6"61-3-423. Rules -- limit Limit of one identical pair of plates for each operator. The department shall 7 adopt rules to procure compliance with all the laws of the state regulating the issuance of motor vehicle, trailer, 8 semitrailer, or pole trailer licenses relating to the use and operation of motor vehicles, trailers, semitrailers, or pole 9 trailers before issuing the lettered license plates. The department may not issue more than one identical pair of

10lettered license plates for any licensed amateur radio station in any one licensing period."

12Section 10. Section 61-3-474, MCA, is amended to read:

13"61-3-474. Responsibility for design of generic specialty license plates -- numbering -- rulemaking

14-- approval -- registration decal -- listing of plate sponsors. (1) The department shall:

15(a) design the background and general format of generic specialty license plates;

16(b) in consultation with the department of corrections, determine which license plate processing system

17is the most efficient and versatile manufacturing method for the production of generic specialty license plates;

18and

19(c) use a numbering system for generic specialty license plates that is distinctive from the numbering

20system required under 61-3-332 or used for collegiate license plates;

21(d) adopt rules that prescribe:

22(i) the minimum and maximum number of characters that a generic specialty license plate may display;

23(ii) the general placement of the sponsor's name, identifying phrase, and graphic; and

24(iii) any specifications or limitations on the use or choice of color or detail in the sponsor's graphic design.

25(2) All sponsor names, identifying phrases, and graphics intended for use on generic specialty license

26plates must be approved by the department prior to the manufacture of the plates.

27(3) Upon the issuance of generic specialty license plates, a registration decal must be affixed to the

28license plates as provided in 61-3-332.

29(4) The department shall maintain a list of the sponsors that have been approved to promote the sale

30and issuance of generic specialty license plates, the initial distribution date for sale of each sponsored generic

1specialty license plate, and the donation fee established by the sponsor for each sponsored generic specialty

2 license plate. The department shall, upon request, make copies of this list available to interested members of the 3 public.

4(5) The department may, in its discretion, revoke its previous approval of a sponsor's generic specialty

5 license plate sponsorship if:

6(a) the sponsor fails to comply with the provisions of 61-3-472 through 61-3-481;

7(b) fewer than 400 sets of a sponsor's generic specialty license plate have been sold or renewed in the 8 12-month period immediately preceding the third anniversary of the date of initial distribution of the sponsored 9 generic specialty license plate; or

10(c) the department has reliable information that the sponsor is no longer qualified for sponsorship under

1161-3-472 through 61-3-481.

12(6) (a) Upon revocation of a sponsor's generic specialty license plate sponsorship status, the issuance

13and sale of the sponsor's generic specialty license plates must be terminated.

14(b) A person who owns a motor vehicle displaying valid generic specialty license plates affiliated with

15a sponsor whose sponsorship status has been revoked may continue to display those generic specialty license

16plates on the person's motor vehicle until the motor vehicle's registration is renewed.

17(c) Following revocation of a sponsor's sponsorship status, the department may not issue replacements

18or duplicates of generic specialty license plates affiliated with that sponsor."

19

20Section 11. Section 61-3-535, MCA, is amended to read:

21"61-3-535. Motor vehicle registration renewal -- reminder notice and renewal by mail. (1) The

22owner of a motor vehicle subject to renewal of registration under 61-3-312 may renew the registration of a motor

23vehicle by mail or by electronic methods when the value, age, length, weight, or other criteria used to determine

24the tax or fee for a particular type of motor vehicle are available to the department by electronic means.

25(2) Any mail renewal procedure developed by the department must may:

26(a) include a procedure to facilitate automated handling of mail renewal, including issuance of

27replacement plates when required by statute;

28(b) include a procedure to verify compliance with 61-6-301 using the system provided in 61-6-157; and

29or

30(c) provide for a written reminder notice by mail to the owner of a motor vehicle of the requirement to

1renew the vehicle's registration."

2

3Section 12. Section 61-4-203, MCA, is amended to read:

4"61-4-203. Administration. The department shall supervise and regulate all persons required by this

5 part to be licensed. In the supervision and regulation thereof the department may:

6(1) make investigations it considers necessary; and

7(2) conduct hearings and compel attendance of witnesses at the hearings pursuant to the Montana 8 Administrative Procedure Act; and

9(3) prescribe rules it determines necessary to carry out the provisions of this part."

10

11Section 13. Section 61-5-111, MCA, is amended to read:

12"61-5-111. Contents of driver's license, renewal, license expirations, grace period, and fees for

13licenses, permits, and endorsements -- notice of expiration. (1) (a) The department may appoint county

14treasurers and other qualified officers to act as its agents for the sale of driver's license receipts. The department

15shall adopt necessary rules governing sales. In areas in which the department provides driver licensing services

163 days or more a week, the department is responsible for sale of receipts and may appoint an agent to sell

17receipts.

18(b) The department may enter into an authorized agent agreement with the county treasurer of any

19county in which the department no longer maintains a driver examination station for the purpose of providing

20driver's license renewal services.

21(2) (a) The department, upon receipt of payment of the fees specified in this section, shall issue a driver's

22license to each qualifying applicant. The license must contain:

23(i) a full-face photograph of the licensee in the size and form prescribed by the department;

24(ii) a distinguishing number issued to the licensee;

25(iii) the full legal name, date of birth, Montana residence address unless the licensee requests use of the

26mailing address, and a brief description of the licensee;

27(iv) either the licensee's customary manual signature or a reproduction of the licensee's customary

28manual signature; and

29(v) if the applicant qualifies under subsection (7), indication of the applicant's status as a veteran.

30(b) The department may not use the licensee's social security number as the distinguishing number. A

1license is not valid until it is signed by the licensee.

2(3) (a) When a person applies for renewal of a driver's license, the department shall conduct a records 3 check in accordance with 61-5-110(1) to determine the applicant's eligibility status and shall test the applicant's

4 eyesight. The department may also require the applicant to submit to a knowledge and road or skills test if:

5(i) the renewal applicant has a physical or mental disability, limitation, or condition that impairs, or may 6 impair, the applicant's ability to exercise ordinary and reasonable control in the safe operation of a motor vehicle 7 on the highway; and

8(ii) the expired or expiring license does not include adaptive equipment or operational restrictions 9 appropriate to the applicant's functional abilities; or

10(iii) the applicant wants to remove or modify the restrictions stated on the expired or expiring license.

11(b) In the case of a commercial driver's license, the department shall, if the information was not provided

12in a prior licensing cycle, require the renewal applicant to provide the name of each jurisdiction in which the

13applicant was previously licensed to drive any type of motor vehicle during the 10-year period immediately

14preceding the date of the renewal application and may also require that the applicant successfully complete a

15written examination as required by federal regulations.

16(c) A person is considered to have applied for renewal of a Montana driver's license if the application

17is made within 6 months before or 3 months after the expiration of the person's license. Except as provided in

18subsection (3)(d), a person seeking to renew a driver's license shall appear in person at a Montana driver's

19examination station.

20(d) (i) Except as provided in subsections (3)(d)(iii) through (3)(d)(vi), a person may renew a driver's

21license by mail or online.

22(ii) An applicant who renews a driver's license by mail or online shall submit to the department an

23approved vision examination and a medical evaluation from a licensed physician, licensed physician assistant,

24or advanced practice registered nurse, as defined in 37-8-102, in addition to the fees required for renewal.

25(iii) If the department does not have a digitized photograph and signature record of the renewal applicant

26from the expiring license, then the renewal applicant shall apply in person.

27(iv) Except as provided in subsections (4)(b) and (4)(c), the term of a license renewed by mail or online

28is 8 years.

29(v) The department may not renew a license by mail or online if:

30(A) the records check conducted in accordance with 61-5-110(1) shows an ineligible license status for

1the applicant;

2(B) the applicant holds a commercial driver's license with a hazardous materials endorsement, the 3 retention of which requires additional testing and a security threat assessment under 49 CFR, part 1572;

4(C) the applicant seeks a change of address or a name change; or

5(D) the applicant's license:

6(I) has been expired for 3 months or longer; or

7(II) except as provided in subsection (3)(e), was renewed by mail or online at the time of the applicant's 8 previous renewal.

9(vi) If a license was issued to a foreign national whose presence in the United States is temporarily 10 authorized under federal law, the license may not be renewed by mail or online.

11(e) The spouse or a dependent of a renewal applicant who is stationed outside Montana on active

12military duty may renew the applicant's license by mail or online for one additional consecutive term following a

13renewal by mail or online.

14(f) The department shall mail a driver's license renewal notice no earlier than 90 days and no later than

1530 days prior to the expiration date of a driver's license. Except as provided in 61-3-119 and 61-5-115, the

16department shall mail the notice to the Montana mailing address shown on the driver's license.

17(4) (a) Except as provided in subsections (4)(b) through (4)(e), a license expires on the anniversary of

18the licensee's birthday 8 years or less after the date of issue or on the licensee's 75th birthday, whichever occurs

19first.

20(b) A license issued to a person who is 75 years of age or older expires on the anniversary of the

21licensee's birthday 4 years or less after the date of issue.

22(c) A license issued to a person who is under 21 years of age expires on the licensee's 21st birthday.

23(d) (i) Except as provided in subsection (4)(d)(ii), a commercial driver's license expires on the anniversary

24of the licensee's birthday 5 years or less after the date of issue.

25(ii) When a person obtains a Montana commercial driver's license with a hazardous materials

26endorsement after surrendering a comparable commercial driver's license with a hazardous materials

27endorsement from another licensing jurisdiction, the license expires on the anniversary of the licensee's birthday

285 years or less after the date of the issue of the surrendered license if, as reported in the commercial driver's

29license information system, a security threat assessment was performed on the person as a condition of issuance

30of the surrendered license.

1(e) A license issued to a person who is a foreign national whose presence in the United States is 2 temporarily authorized under federal law expires, as determined by the department, no later than the expiration 3 date of the official document issued to the person by the bureau of citizenship and immigration services of the 4 department of homeland security authorizing the person's presence in the United States.

5(f) The department may adopt rules to implement online driver's license renewal.

6(5) When the department issues a driver's license to a person under 18 years of age, the license must 7 be clearly marked with a notation that conveys the restrictions imposed under 61-5-133.

8(6) (a) Upon application for a driver's license or commercial driver's license and any combination of the

9 specified endorsements, the following fees must be paid:

10(i) driver's license, except a commercial driver's license -- $5 a year or fraction of a year;

11(ii) motorcycle endorsement -- 50 cents a year or fraction of a year;

12(iii) commercial driver's license:

13(A) interstate -- $10 a year or fraction of a year; or

14(B) intrastate -- $8.50 a year or fraction of a year.

15(b) A renewal notice for either a driver's license or a commercial driver's license is 50 cents.

16(7) (a) Upon receiving a request from a person whose status as a veteran has been verified by the

17department of military affairs pursuant to 10-2-1301 and upon receiving the information and fees required in this

18part, the department shall include the word "veteran" on the face of the license.

19(b) After a person's status as a veteran is denoted on a driver's license, the department may not require

20further documentation of that status from the holder of the license upon subsequent renewal or replacement."

22Section 14. Section 61-5-112, MCA, is amended to read:

23"61-5-112. Types and classes of commercial driver's licenses -- classification -- rulemaking --

24reciprocity Reciprocal agreements. (1) The department shall adopt rules that it considers necessary for the

25safety and welfare of the traveling public governing the classification of commercial driver's licenses and related

26endorsements and the examination of commercial driver's license applicants and renewal applicants. The rules

27must:

28(a) subject to the exceptions provided in this section, comport with the licensing standards and

29requirements of 49 CFR, part 383, the medical qualifications of 49 CFR, part 391, and the security threat

30assessment provisions of 49 CFR, part 1572;

1(b) allow for the issuance of a type 2 (intrastate only) commercial driver's license in accordance with 2 medical qualification and visual acuity standards prescribed by the department;

3(c) allow for the issuance of a type 2 commercial driver's license to a person who is 18 years of age or

4 older;

5(d) allow for issuance of a seasonal commercial driver's license based on standards established by the 6 department for the waiver of the knowledge and road or skills test for a qualified person employed in farm-related 7 service industries who has a good driving record and sufficient prior driving experience;

8(e) prescribe the operational and seasonal restrictions for a seasonal commercial driver's license;

9(f) prescribe the requirements for the medical statement that must be submitted in order for a person to 10 be qualified for a type 2 commercial driver's license;

11(g) prescribe the minimum standards for certification of a third-party commercial driver testing program

12and any test waiver under 61-5-118; and

13(h) allow for the issuance of a commercial learner's permit.

14(2) The department is authorized to enter into reciprocal agreements with adjacent states that would

15allow certain drivers of vehicles transporting farm products, farm machinery, or farm supplies within 150 miles

16of a farm to operate without a commercial driver's license because the vehicles are not considered commercial

17motor vehicles as provided in 61-1-101(9)(b)(ii)."

18

19Section 15. Section 61-5-118, MCA, is amended to read:

20"61-5-118. Third-party commercial driver testing program -- certification of testing programs and

21examiners -- rulemaking -- fees -- test waiver. (1) The department may contract with and certify the following

22as a third-party commercial driver testing program to administer the approved commercial driver skills test to a

23Montana commercial driver's license applicant:

24(a) any person, employer of commercial drivers, private driver training facility, or other private company;

25(b) a postsecondary institution as defined in 20-26-603;

26(c) a department, agency, or instrumentality of a local government of the state; or

27(d) a department, agency, or instrumentality of a tribal government of the state.

28(2) A certified third-party driver testing program shall administer the same skills test as would otherwise

29be administered by the department.

30(3) The department shall adopt rules governing the certification, operation, and monitoring of third-party

1testing programs. The rules must:

2(a) substantially comply with the licensing standards and requirements in 49 CFR, part 383, and the state

3 compliance standards in 49 CFR, part 384, including:

4(i) issuance of a commercial driver's license skills testing certificate to a certified program upon execution 5 of a third-party skills testing agreement;

6(ii) requiring that all third-party skills test examiners meet minimum qualifications, including passing 7 background checks paid for by the third-party testing program and successfully completing a formal skills test 8 examiner training course;

9(iii) providing examiner test limitations, minimum testing standards, and refresher training requirements;

10 and

11(iv) requiring recordkeeping and a detailed audit program that includes overt and covert test monitoring

12and onsite audits by state and federal personnel;

13(b) specifically address the requirements for certifying third-party commercial driver testing programs,

14including place of business, appropriate bond and liability insurance, and facilities requirements; and

15(c) specify minimum technology requirements for recordkeeping, scheduling applicants for the skills test,

16conducting the skills test, and electronically transferring skills test results to the department.

17(4)(3) The department may decertify a third-party commercial driver testing program for failure to comply

18with the department rules or federal regulations.

19(5)(4) The department may collect the following fees:

20(a) a fee of $5,000 to certify a third-party commercial driver testing program and a fee of $2,500 for

21certification renewal;

22(b) a fee of $500 to certify each third-party commercial driver examiner and a fee of $100 for certification

23renewal; and

24(c) a fee of $25 for each successfully completed skills test to be paid by the applicant.

25(6)(5) (a) A commercial driver's license applicant who is tested under the third-party commercial driver

26testing program must have passed the knowledge test required by 61-5-110 and complied with commercial

27driver's license department rules and federal regulations and must possess a valid Montana commercial learner's

28permit issued under 61-5-112.

29(b) The road test or the skills test required by 61-5-110 may be waived by the department for a

30commercial driver's license applicant upon certification of the applicant's successful completion of the road test

1or the skills test by:

2(i) a third-party commercial driver testing program certified under this section; or

3(ii) a third-party commercial driver examiner from a jurisdiction that has a comparable third-party 4 commercial driver testing program, as determined by the department."

5

6Section 16. Section 61-5-123, MCA, is amended to read:

7"61-5-123. Waiver of skills test related to military commercial motor vehicles experience --

8rulemaking. (1) The department may waive the skills test required for a commercial driver's license if an applicant

9 meets the conditions in subsection (2) and is:

10(a) a veteran of the armed forces of the United States who was honorably discharged;

11(b) currently serving in the armed forces of the United States;

12(c) serving full-time in a reserve component, as defined in 37-1-138; or

13(d) honorably discharged from the reserve component after serving full-time in the reserve component.

14(2) An applicant shall:

15(a) certify that, during the 2-year period immediately prior to application, the applicant:

16(i) did not have more than one license except for a military license;

17(ii) did not have a license suspended, revoked, or canceled;

18(iii) was not convicted of a disqualifying offense as provided in 49 CFR 383.51(b);

19(iv) did not have more than one conviction for a serious traffic violation as provided in 49 CFR 383.51(c);

20and

21(v) did not have any conviction for a violation of military, state, or local law relating to motor vehicle traffic

22control other than a parking violation arising in connection with any traffic accident and has no record of an

23accident in which the applicant was at fault; and

24(b) provide evidence and certify that:

25(i) the military position in which the applicant served required regular operation over at least a 2-year

26period immediately prior to either discharge or application, as applicable, of a commercial motor vehicle

27representative of the class of motor vehicle for which the applicant is seeking a commercial driver's license; and

28(ii) the applicant was exempted under 49 CFR 383.3(c) from the requirements of this part when operating

29a commercial motor vehicle in the military.

30(3) The department shall adopt rules necessary for the administration of this section."

1

2Section 17. Section 61-5-232, MCA, is amended to read:

3"61-5-232. Restricted-use driving permit -- conditions -- definitions. (1) A person who, pursuant to 4 61-5-105(2), may not be issued a driver's license due to an ineligible status reported by another state to the 5 national driver register may petition the district court of the county in which the person resides for a restricted-use

6 driving permit for use only within the state of Montana if:

7(a) the person has maintained continuous residence in Montana for at least 5 years and is not otherwise 8 ineligible for a license under 61-5-105;

9(b) the person submits a certified driving record from the licensing agency of each state that has reported 10 the person's status as ineligible to the national driver register that shows that at least 5 years have elapsed from 11 the effective date of the most recent withdrawal of the person's driver's license or driving privileges by the other 12 state or states;

13(c) for the 5-year period immediately preceding application for a restricted-use driving permit, the person

14has not been convicted in any jurisdiction of a felony or misdemeanor offense;

15(d) the person certifies that no traffic citations or alcohol-related or drug-related criminal charges are

16currently pending against the person;

17(e) the person certifies that a good faith effort was made to resolve the person's ineligible status through

18the licensing agency of each state or states that reported the person's status as ineligible to the national driver

19register, including the payment of any pending fees or fines; and

20(f) the person provides any other information required by department rule.

21(2) The department may adopt rules to determine the process for issuance, withdrawal, and monitoring

22of a restricted-use driving permit. The department may issue a restricted-use driving permit only to a person who

23satisfies all of the requirements of this section as determined by a district court pursuant to subsection (1). A

24person who is issued a restricted-use driving permit may use it only for an essential driving purpose as defined

25by the department.

26(3) For purposes of this section, the following definitions apply:

27(a) "Most recent withdrawal" means the suspension, revocation, or denial of a driver's license or driving

28privilege underlying a current ineligible status report made by another state's licensing agency to the national

29driver register.

30(b) "National driver register" means the registry established under 49 U.S.C. 30302.

1(c) "Restricted-use driving permit" means a paper document authorizing a person to drive within this state 2 for essential driving purposes only and that is issued by the department to a person whose status on the national 3 driver register is reported as ineligible to operate a motor vehicle other than a commercial motor vehicle."

4

5Section 18. Section 61-11-102, MCA, is amended to read:

6"61-11-102. Records to be kept by department. (1) Except as provided in subsection (8), the 7 department shall create and maintain a central database of electronic files that includes an individual Montana

8 driving record for each person:

9(a) who has been issued a Montana driver's license;

10(b) who does not have a driver's license from, or active driving record in, another jurisdiction and for

11whom the department receives a report of conviction of a traffic violation or an offense requiring suspension or

12revocation of the person's driver's license; and

13(c) whose driver's license or driving privileges have been suspended, revoked, canceled, or otherwise

14withdrawn by the department.

15(2) An individual Montana driving record maintained under this section must include:

16(a) personal information obtained from the application for a driver's license or a report of conviction;

17(b) the person's driver's license number, license type, status, endorsements, restrictions, issue and

18expiration dates, and any suspensions, revocations, disqualifications, or cancellations that have been imposed

19against the person;

20(c) all convictions reported to the department for the person; and

21(d) traffic accidents in which the person was involved, except that a record of involvement in a traffic

22accident may not be entered on a licensee's record unless the licensee was convicted, as defined in 61-11-203,

23for an act causally related to the accident.

24(3) (a) The department shall create and maintain a CDLIS driver record for each person who has been

25issued a Montana commercial driver's license or for whom a record of conviction, disqualification, or other

26licensure action has been taken for violations of any state or local law relating to motor vehicle traffic regulation,

27other than a parking violation, committed while operating a commercial motor vehicle.

28(b) A CDLIS driver record maintained by the department must meet the requirements of 49 CFR 384.225.

29(c) If the department receives notice that a person has been disqualified by the federal motor carrier

30safety administration as an imminent hazard under 49 CFR 383.52, the department shall record the

1disqualification on the CDLIS driver record.

2(4) The department shall retain records created under this section for a period of time that meets or 3 exceeds the standards established under 49 CFR, part 384.

4(5) The department is further authorized, upon receiving a record of the conviction in this state of a 5 nonresident driver of a motor vehicle of any offense under the motor vehicle laws of this state, to forward, by 6 electronic or other means, a report of the conviction to the motor vehicle administrator in the state in which the 7 person is a resident or licensed.

8(6) The department may place on a computer storage device the information contained on original 9 records or reproductions of original records made pursuant to this section. Signatures on records are not required

10to be placed on a computer storage device.

11(7) (a) Except as provided in subsection (7)(b), a reproduction of the information placed on a computer

12storage device is an original of the record for all purposes and is admissible in evidence without further foundation

13in all courts or administrative agencies when the department certifies the record.

14(b) An order, record, or paper generated from the department's central database of electronic files of

15individual Montana driving records may be certified electronically by the generating computer. The certification

16must be a certification of the order, record, or paper as it appeared on a specific date.

17(c) A court, an office of a clerk of court, or an attorney licensed to practice law in this state may receive

18and use a computer-generated individual Montana driving record as evidence without further foundation when:

19(i) the individual Montana driving record is electronically transmitted from the department's central

20database of electronic individual Montana driving records to a department-authorized terminal device maintained

21by the court, the office of the clerk of court, or the attorney; and

22(ii) the judge, an officer of the court, or the attorney certifies that the record was not altered in any way.

23(8) (a) Except as provided in subsection (4), the department may destroy any individual Montana driving

24record maintained under this section if there are no suspensions or revocations on the record and there has been

25no renewed credential in the immediately preceding 16 years.

26(b) The department shall adopt rules governing the destruction of records."

27

28Section 19. Section 61-11-503, MCA, is amended to read:

29"61-11-503. Definitions. As used in this part, the following definitions apply:

30(1) "Disclose" means to engage in any practice or conduct that makes available or known, by means of

1any communication to another person, organization, or entity, personal information contained in a motor vehicle

2 record.

3(2) "Express consent" means an affirmative authorization given in writing by a person to whom personal 4 information pertains that specifically allows the department to release personal information to another person, 5 organization, or entity. Consent may be conveyed electronically if the conveyance includes an electronic 6 signature, as defined in 30-18-102, from the person to whom the personal information pertains.

7(3) "Highly restricted personal information" means an individual's photograph or image, social security 8 number, or medical or disability information.

9(4) "Motor vehicle record" means any record maintained by the department that pertains to a driver's 10 license, commercial driver's license, driving permit, motor vehicle title, motor vehicle registration, or identification 11 card issued by the department identification card, or title or registration for a motor vehicle, trailer, semitrailer, pole 12 trailer, camper, motorboat, personal watercraft, sailboat, snowmobile, or off-highway vehicle.

13(5) "Person" does not mean a state agency or local government entity.

14(6) (a) "Personal information" means information that identifies a person, including a person's name,

15address, telephone number, social security number, driver's license or identification number, date of birth,

16photograph or image, and medical or disability information.

17(b) The term does not include the five-digit zip code of an address, information on vehicular accidents,

18driving or equipment-related violations, a person's driver's license or vehicle registration status, or a vehicle's

19insurance status.

20(7) "Record" includes all books, papers, photographs, photostats, cards, film, tapes, recordings,

21electronic data, printouts, or other documentary materials, regardless of physical form or characteristics."

22

23Section 20. Section 61-12-502, MCA, is amended to read:

24"61-12-502. Rules for identification cards -- veteran Veteran designation. (1) The department shall

25formulate and adopt rules governing the issuance and cancellation of identification cards that comport with the

26proof of identity, residence, and authorized presence standards for a driver's license issued under Title 61,

27chapter 5.

28(2) The department shall include the word "veteran" on the face of an identification card if the

29requirements of 61-5-111(7) are met by the person applying for the identification card."

30

1Section 21. Section 61-13-103, MCA, is amended to read:

2"61-13-103. Seatbelt use required -- exceptions. (1) A driver may not operate a motor vehicle upon 3 a highway of the state of Montana unless each occupant of a designated seating position is wearing a properly 4 adjusted and fastened seatbelt or, if 61-9-420 applies, is properly restrained in a child safety restraint.

5(2) The provisions of this section do not apply to:

6(a) an occupant of a motor vehicle who possesses a written statement from a licensed physician, 7 licensed physician assistant, or advanced practice registered nurse, as defined in 37-8-102, that the occupant 8 is unable to wear a seatbelt for medical reasons;

9(b) an occupant of a motor vehicle in which all seatbelts are being used by other occupants;

10(c) an operator of a motorcycle or a motor-driven cycle;

11(d) an occupant of a vehicle licensed as special mobile equipment; or

12(e) an occupant who makes frequent stops with a motor vehicle during official job duties and who may

13be exempted by the department.

14(3) The department may adopt rules to implement subsection (2)(e).

15(4)(3) The department or its agent may not require a driver who may be in violation of this section to stop

16except:

17(a) upon reasonable cause to believe that the driver has violated another traffic regulation or that the

18driver's vehicle is unsafe or not equipped as required by law; or

19(b) if a person in the vehicle who is under 6 years of age and weighs less than 60 pounds is not properly

20restrained under 61-9-420 or this section."

21

22NEW SECTION. Section 22. Rulemaking authority -- vehicle services. (1) The department shall

23adopt rules for the registration of motor vehicles, including:

24(a) simultaneous registration of multiple motor vehicles that have common ownership;

25(b) verification of compliance with 61-6-301 before registering or renewing a registration of a vehicle or

26issuing new license plates required by 61-3-332(3);

27(c) devising a method to place license plates on the 5-year 10-YEAR reissuance cycle to minimize

28production peaks and valleys;

29(d) governing the renewal of registration pursuant to 61-3-312;

30(e)(D) early registration renewals when an owner of a motor vehicle presents extenuating circumstances;

1and

2(f)(E) automated mailing of license plates by the department or its authorized agent, including an agent 3 under contract with the department pursuant to 61-3-338.

4(2) The department shall adopt rules to procure compliance with all of the laws of the state regulating the 5 issuance of motor vehicle, trailer, semitrailer, or pole trailer licenses relating to the use and operation of motor 6 vehicles, trailers, semitrailers, or pole trailers before issuing the lettered license plates pursuant to 61-3-423.

7(3) The department may adopt rules to establish vehicle brands or carried-forward brands according to 8 61-3-202.

9(4) The department may adopt rules governing affidavit and bond for certificate of title pursuant to 10 61-3-208.

11(5) The department may adopt rules for the implementation and administration of temporary registration

12permits, pursuant to 61-3-224, including issuance to:

13(a) a Montana resident who acquires a new or used motor vehicle, trailer, semitrailer, pole trailer,

14motorboat, sailboat that is 12 feet or longer, snowmobile, or off-highway vehicle for operation of the vehicle or

15vessel prior to titling and registration of the vehicle or vessel under Title 61, chapter 3;

16(b) the owner of a salvage vehicle or a vehicle requiring a state-assigned vehicle identification number

17to move the vehicle to and from a designated inspection site prior to applying for a new certificate of title under

1861-3-107 or 61-3-212;

19(c) the owner of a motor vehicle, trailer, semitrailer, or pole trailer registered in this state for operation of

20the vehicle while awaiting production and receipt of special or duplicate license plates ordered for a vehicle under

21Title 61, chapter 3;

22(d) a nonresident of this state who acquires a motor vehicle, trailer, semitrailer, or pole trailer in this state

23for operation of the vehicle prior to its titling and registration under the laws of the nonresident's jurisdiction of

24residence;

25(e) a dealer licensed in another state who brings a motor vehicle or trailer designed and used to apply

26fertilizer to agricultural lands into the state for special demonstration in this state;

27(f) a financial institution located in Montana for a prospective purchaser to demonstrate a motor vehicle

28that the financial institution has obtained following repossession;

29(g) an insurer or its agent to move a motor vehicle or trailer to auction following acquisition of the vehicle

30by the insurer as a result of the settlement of an insurance claim;

1(h) a nonresident owner to temporarily operate a quadricycle or motorcycle designed for off-road 2 recreational use on the highways of this state when the quadricycle or motorcycle designed for off-road 3 recreational use is equipped for use on the highways as prescribed in Title 61, chapter 9, but the quadricycle or 4 motorcycle designated for off-road recreational use is not registered or is only registered for off-road use in the 5 nonresident's home state; or

6(i) a new owner of a motor vehicle, trailer, semitrailer, pole trailer, motorboat, sailboat that is 12 feet in 7 length or longer, snowmobile, or off-highway vehicle for which the new owner cannot, due to circumstances 8 beyond the new owner's control, surrender a previously assigned certification of title.

9(6) The department may adopt rules for the assessment and collection of registration fees on light 10 vehicles under 61-3-321 and 61-3-562, including the proration of fees under 61-3-520 and criteria for determining 11 the motor vehicle's age.

12(7) The department may adopt rules for imposing and collecting fees in lieu of tax, including:

13(a) the proration of fees in lieu of tax under 61-3-520 on buses, trucks having a manufacturer's rated

14capacity of more than 1 ton, and truck tractors;

15(b) criteria for determining the motor vehicle's age; and

16(c) criteria for determining the manufacturer's rated capacity.

17(8) The department may adopt rules, pursuant to Title 61, chapter 3, for the administration of fees for

18trailers, semitrailers, and pole trailers, including criteria for determining a trailer's age and weight.

19(9) The department shall adopt rules for generic specialty license plates issued pursuant to 61-3-472

20through 61-3-481, including:

21(a) the minimum and maximum number of characters that a generic specialty license plate may display;

22(b) the general placement of the sponsor's name, identifying phrase, and graphic; and

23(c) any specifications or limitations on the use or choice of color or detail in the sponsor's graphic design.

24(10) The department may adopt rules governing dealers pursuant to the provisions of Title 61, chapter

254, including:

26(a) the application and issuance of dealer licenses, including the qualifications of dealers, and the

27staggering of expiration dates pursuant to 61-4-101;

28(b) the issuance of dealer, demonstrator, courtesy, and transit plates pursuant to 61-4-102, 61-4-128

29through 61-4-130, 61-4-301, 61-4-307, and 61-4-308;

30(c) the application and process for renewing a dealer license pursuant to 61-4-124; and

1(d) governing the regulation of persons required to be licensed pursuant to Title 61, chapter 4, part 2.

2(11) The department may adopt rules governing new motor vehicle warranties remedies pursuant to Title 3 61, chapter 4, part 5.

4(12)(11) The department may adopt rules for local option tax appeals pursuant to 15-15-201.

5(13)(12) The department may adopt rules to implement any other provision of this title.

6

7NEW SECTION. Section 23. Rulemaking authority -- driver's licenses and identification cards.

8(1) The department may adopt rules to administer and enforce the provisions of Title 61, chapter 5.

9(2) The department may adopt rules governing acceptable methods of proof of identification, including 10 name, date of birth, and authorized presence, that an individual must submit when applying for a license or 11 identification card, including a new, renewal, or replacement license or identification card.

12(3) The department may adopt rules governing the determination of the driver's license expiration date,

13minimum and maximum license terms, and license renewal requirements for a driver's license issued to a person

14who is a foreign national whose presence in the United States is temporarily authorized under federal law.

15(4) The department shall adopt rules governing the calculation of grace periods for renewals and the

16calculation of other time periods established by statute or federal regulation.

17(5) The department may adopt rules governing the renewal of a driver's license by a person in the military

18assigned to active duty who had a valid Montana driver's license at the time of entering active duty.

19(6) The department shall adopt rules to set the standards for driver license examinations and

20reexaminations.

21(7) The department may adopt rules to set the standards for photographs, certifications, and signature

22requirements for the issuance of driver's licenses.

23(8) The department shall adopt rules establishing the functional abilities and skills required to exercise

24ordinary and reasonable control to safely operate a motor vehicle. The rules:

25(a) must include operational restrictions based on the driver's ability and skills;

26(b) may direct the design of one or more types of skills tests. A skills test may consist of:

27(i) a comprehensive assessment of a person's functional abilities by means of an actual demonstration

28of the applicant's ability to exercise ordinary and reasonable control in the safe operation of a motor vehicle; or

29(ii) a more limited assessment of a person's functional abilities, conducted at the discretion of the

30department, as related to a specific physical or mental condition or conditions or a request for reexamination.

1(c) must include appropriate licensing criteria relating to the use of adaptive equipment or operational 2 limits that can be readily discerned by law enforcement or a licensing agency in another jurisdiction.

3(9) The department shall adopt rules establishing vision requirements for a person to safely operate a

4 motor vehicle. The rules:

5(a) must include the minimum uncorrected or corrected visual acuity requirements for both unrestricted 6 and restricted licenses and operational restrictions based on the visual acuity of an applicant or licensee, 7 including the use of bioptic lenses; and

8(b) may include minimum field of vision and depth perception requirements for both unrestricted and 9 restricted licenses.

10(10) The rules in subsections (8) and (9):

11(a) may take into consideration any nationally recognized standards or recommended practices or

12standards of other jurisdictions for assessment of a person's functional abilities and skills;

13(b) may be derived from medical guidelines and information compiled by driver licensing medical advisory

14or review boards from other jurisdictions, as well as information received from advocacy groups for persons with

15disabilities and senior citizens; and

16(c) except as provided in 61-5-105, may not use a person's age or a person's physical or mental disability,

17limitation, or condition as a justification for the denial of a license.

18(11) The department shall adopt rules governing the issuance of a restricted learner license, including

19when the department may issue a restricted learner license to allow for a driver to practice driving skills.

20(12) The department shall adopt rules governing the issuance of a hardship license to a person who is

21at least 13 years of age and because of individual hardship needs a restricted driver's license, including a person

22who holds a learner license under 61-5-106. The department must consider, among other criteria, whether a

23hardship license is needed because the applicant's parent or guardian is not available to accompany the licensee,

24whether due to employment or circumstances related to the operation of a farm or ranch or because the parent

25or guardian does not hold a valid driver's license, and the licensee is required to drive to the licensee's school

26bus stop.

27(13) The department may adopt rules governing probationary licenses, including:

28(a) issuance to a person whose license has been suspended or revoked or whose license is subject to

29a discretionary suspension or revocation;

30(b) the establishment of restrictions placed on a probationary license;

1(c) the expiration of a probationary license;

2(d) the cancellation of a probationary license for violating the restrictions on the probationary license or 3 for another law violation; and

4(e) the issuance, withdrawal, and monitoring of a restricted-use driving permit issued under 61-5-232.

5(14) The department may adopt rules governing the requirements for a veteran designation on a driver's 6 license or identification card.

7(15) The department may adopt rules governing the issuance of a replacement driver's license.

8(16) The department may adopt rules governing the certification process for cooperative driver testing 9 program instructors.

10(17) The department may adopt rules for the implementation of online driver's license renewal.

11(18) The department shall adopt rules governing the issuance, renewal, and cancellation of identification

12cards that align with the proof of identity, residence, and authorized presence standards for a driver's license.

13(19) The department may adopt rules for determining moving violations.

14(20) The department may adopt rules for charging a fee for not appearing at a scheduled commercial

15skills test or motorcycle test and for the waiver of the fee for good cause shown.

16(21) The department may adopt rules governing the conditions under which an applicant is eligible to

17receive a driver's license or identification card by expedited service and to set the fee for expedited service.

18(22) The department may adopt rules to implement any other provision of this title.

19

20NEW SECTION. Section 24. Rulemaking authority -- commercial driver licensing. (1) The

21department shall adopt rules governing the classification of commercial driver's licenses and related

22endorsements and the examination of commercial driver's license applicants and renewal applicants that the

23department considers necessary for the safety and welfare of the traveling public. The rules must:

24(a) subject to the department's functional and vision requirements, conform to the licensing standards

25and requirements of 49 CFR, part 383, the medical qualification of 49 CFR, part 391, and the security threat

26assessment provisions of 49 CFR, part 1572;

27(b) allow for the issuance of an interstate commercial driver's license;

28(c) allow for the issuance of an intrastate-only commercial driver's license, including the establishment

29of medical qualification and visual acuity standards;

30(d) establish the requirement for the issuance of a seasonal commercial driver's license, including the

1waiver of the knowledge and skills test for a qualified person employed in a farm-related service industry;

2(e) establish the operational and seasonal restrictions for a seasonal commercial driver's license;

3(f) establish the requirements for the medical statement that must be submitted for a person to be 4 qualified for a commercial driver's license; and

5(g) allow for and establish the requirements for the issuance of a commercial learner's permit.

6(2) The department shall adopt rules governing the minimum standards for certification of a third-party 7 commercial driver testing program and any test waiver under 61-5-118 and governing the certification, operation,

8 and monitoring of third-party skills testing programs. The rules must:

9(a) substantially comply with the licensing standards and requirements of 49 CFR, part 383, and the state

10 compliance standards of 49 CFR, part 384, including:

11(i) issuance of a commercial driver's license skills testing certificate to a certified program upon execution

12of a third-party skills testing agreement;

13(ii) requiring that all third-party skills test examiners meet minimum qualifications, including passing

14background checks paid for by the third-party testing program and successfully completing a formal skills test

15examiner training course;

16(iii) providing examiner test limitations, minimum testing standards, and refresher training requirements;

17and

18(iv) requiring recordkeeping and a detailed audit program that includes overt and covert test monitoring

19and onsite audits by state and federal personnel;

20(b) specifically address the requirements for certifying third-party commercial driver testing programs,

21including place of business, appropriate bond and liability insurance, and facilities requirements; and

22(c) specify minimum technology requirements for recordkeeping, scheduling applicants for the skills test,

23conducting the skills test, and electronically transferring skills test results to the department.

24(3) The department shall adopt rules governing the waiver of knowledge and skills tests related to

25commercial vehicle operators with military experience.

26

27NEW SECTION. Section 25. Other rulemaking authority. (1) The department shall adopt rules to

28identify the entity or entities that may qualify for grants under 61-3-415 and to establish criteria that an entity must

29meet to receive grant funds.

30(2) The department may adopt rules for the application, certification, and determination of the ability of

1a self-insurer to pay any judgment under 61-6-143.

2(3) The department may adopt rules for individuals who are exempt from wearing seatbelts under 3 61-13-103.

4(4) The department shall adopt rules governing sales, including sales of receipts by county treasurers 5 and other authorized agents.

6(5) The department may adopt rules governing the cancellation of received services upon receipt of an 7 insufficient funds check in payment for a service.

8(6) The department may adopt rules for the implementation of the Montana Driver Privacy Protection Act,

9 including procedures for:

10(a) verifying the identity of a person requesting personal information;

11(b) maintaining records for release of personal information by the department or by any recipient under

12Title 61, chapter 11, part 5; and

13(c) providing for oversight of sale or disclosure of personal information to third parties.

14(7) The department may adopt rules for governing recordkeeping, including the destruction of records.

16NEW SECTION. Section 26. Repealer. The following sections of the Montana Code Annotated are

17repealed:

1861-3-315. Rules -- early renewal.

1961-3-506. Rules.

2061-4-532. Rulemaking.

2161-5-125. Authority of department -- rulemaking authority.

2261-11-516. Rulemaking.

23

24NEW SECTION. Section 27. Codification instruction. [Sections 21 through 25] are intended to be

25codified as an integral part of Title 61, and the provisions of Title 61 apply to [sections 21 through 25].

26

27COORDINATION SECTION. SECTION 28. COORDINATION INSTRUCTION. IF HOUSE BILL NO. 355 AND [THIS

28ACT] ARE PASSED AND APPROVED AND IF BOTH CONTAIN A SECTION THAT AMENDS SUBSECTION (8) OF 61-3-321, THEN

29SUBSECTION (8) OF 61-3-321 MUST BE AMENDED AS FOLLOWS:

30"(8) (a) (i) Except as provided in subsection subsections (8)(b), (8)(c), and (15), the one-time registration

1fee for motorcycles and quadricycles registered for use on the public highways is $53.25, the one-time registration

2 fee for motorcycles and quadricycles registered for off-highway use is $53.25, and the one-time registration fee 3 for motorcycles and quadricycles registered for both off-road use and for use on the public highways is $114.50.

4(b)(ii) An additional fee of $16 must be collected for the registration of each motorcycle or quadricycle 5 as a safety fee, which must be deposited in the state motorcycle safety account provided for in 20-25-1002.

6(b) (i) The annual registration fee for motorcycles and quadricycles registered for use on the public 7 highways under 61-3-701 is $44.

8(ii) The annual registration fee for motorcycles and quadricycles registered for off-highway use under 9 61-3-701 is $44.

10(iii) The annual registration fee for motorcycles and quadricycles registered for both off-road use and for

11use on the public highways under 61-3-701 is $88.

12(iv) An additional safety fee of $7 must be collected annually for each motorcycle or quadricycle

13registered under 61-3-701. The safety fee must be deposited in the state motorcycle safety account provided for

14in 20-25-1002.

15(c) Whenever a valid summer motorized recreation trail pass issued pursuant to [section 2 of House Bill

16No. 355] is affixed to a motorcycle or quadricycle, the one-time registration fee for motorcycles and quadricycles

17registered for:

18(i) use on public highways is $33.25; and

19(ii) both off-road use and for use on the public highways is $94.50."

20

21COORDINATION SECTION. SECTION 29. COORDINATION INSTRUCTION. IF HOUSE BILL NO. 412 AND [THIS

22ACT] ARE BOTH PASSED AND APPROVED AND IF HOUSE BILL NO. 412 AMENDS 61-3-315 AND [THIS ACT] REPEALS

2361-3-315, THEN [SECTION 22 OF THIS ACT] MUST BE AMENDED AS FOLLOWS:

24"NEW SECTION. Section 22. Rulemaking authority -- vehicle services. (1) The department shall

25adopt rules for the registration of motor vehicles, including:

26(a) simultaneous registration of multiple motor vehicles that have common ownership;

27(b) provision of notice of the text of 61-3-303(5)(c)(i) with the mail renewal notice from the department;

28(b)(C) verification of compliance with 61-6-301 before registering or renewing a registration of a vehicle

29or issuing new license plates required by 61-3-332(3);

30(c)(d) devising a method to place license plates on the 5-year reissuance cycle to minimize production

1peaks and valleys;

2(d)governing the renewal of registration pursuant to 61-3-312;

3(e)(e) early registration renewals when an owner of a motor vehicle presents extenuating circumstances;

4 and

5(f)(f) automated mailing of license plates by the department or its authorized agent, including an agent 6 under contract with the department pursuant to 61-3-338.

7(2) The department shall adopt rules to procure compliance with all of the laws of the state regulating the 8 issuance of motor vehicle, trailer, semitrailer, or pole trailer licenses relating to the use and operation of motor 9 vehicles, trailers, semitrailers, or pole trailers before issuing the lettered license plates pursuant to 61-3-423.

10(3) The department may adopt rules to establish vehicle brands or carried-forward brands according to

1161-3-202.

12(4) The department may adopt rules governing affidavit and bond for certificate of title pursuant to

1361-3-208.

14(5) The department may adopt rules for the implementation and administration of temporary registration

15permits, pursuant to 61-3-224, including issuance to:

16(a) a Montana resident who acquires a new or used motor vehicle, trailer, semitrailer, pole trailer,

17motorboat, sailboat that is 12 feet or longer, snowmobile, or off-highway vehicle for operation of the vehicle or

18vessel prior to titling and registration of the vehicle or vessel under Title 61, chapter 3;

19(b) the owner of a salvage vehicle or a vehicle requiring a state-assigned vehicle identification number

20to move the vehicle to and from a designated inspection site prior to applying for a new certificate of title under

2161-3-107 or 61-3-212;

22(c) the owner of a motor vehicle, trailer, semitrailer, or pole trailer registered in this state for operation

23of the vehicle while awaiting production and receipt of special or duplicate license plates ordered for a vehicle

24under Title 61, chapter 3;

25(d) a nonresident of this state who acquires a motor vehicle, trailer, semitrailer, or pole trailer in this state

26for operation of the vehicle prior to its titling and registration under the laws of the nonresident's jurisdiction of

27residence;

28(e) a dealer licensed in another state who brings a motor vehicle or trailer designed and used to apply

29fertilizer to agricultural lands into the state for special demonstration in this state;

30(f) a financial institution located in Montana for a prospective purchaser to demonstrate a motor vehicle

1that the financial institution has obtained following repossession;

2(g) an insurer or its agent to move a motor vehicle or trailer to auction following acquisition of the vehicle 3 by the insurer as a result of the settlement of an insurance claim;

4 (h) a nonresident owner to temporarily operate a quadricycle or motorcycle designed for off-road 5 recreational use on the highways of this state when the quadricycle or motorcycle designed for off-road 6 recreational use is equipped for use on the highways as prescribed in Title 61, chapter 9, but the quadricycle or 7 motorcycle designated for off-road recreational use is not registered or is only registered for off-road use in the 8 nonresident's home state; or

9(i) a new owner of a motor vehicle, trailer, semitrailer, pole trailer, motorboat, sailboat that is 12 feet in 10 length or longer, snowmobile, or off-highway vehicle for which the new owner cannot, due to circumstances 11 beyond the new owner's control, surrender a previously assigned certification of title.

12(6) The department may adopt rules for the assessment and collection of registration fees on light

13vehicles under 61-3-321 and 61-3-562, including the proration of fees under 61-3-520 and criteria for determining

14the motor vehicle's age.

15(7) The department may adopt rules for imposing and collecting fees in lieu of tax, including:

16(a) the proration of fees in lieu of tax under 61-3-520 on buses, trucks having a manufacturer's rated

17capacity of more than 1 ton, and truck tractors;

18(b) criteria for determining the motor vehicle's age; and

19(c) criteria for determining the manufacturer's rated capacity.

20(8) The department may adopt rules, pursuant to Title 61, chapter 3, for the administration of fees for

21trailers, semitrailers, and pole trailers, including criteria for determining a trailer's age and weight.

22(9) The department shall adopt rules for generic specialty license plates issued pursuant to 61-3-472

23through 61-3-481, including:

24(a) the minimum and maximum number of characters that a generic specialty license plate may display;

25(b) the general placement of the sponsor's name, identifying phrase, and graphic; and

26(c) any specifications or limitations on the use or choice of color or detail in the sponsor's graphic design.

27(10) The department may adopt rules governing dealers pursuant to the provisions of Title 61, chapter

284, including:

29(a) the application and issuance of dealer licenses, including the qualifications of dealers, and the

30staggering of expiration dates pursuant to 61-4-101;

1(b) the issuance of dealer, demonstrator, courtesy, and transit plates pursuant to 61-4-102, 61-4-128 2 through 61-4-130, 61-4-301, 61-4-307, and 61-4-308;

3(c) the application and process for renewing a dealer license pursuant to 61-4-124; and

4(d) governing the regulation of persons required to be licensed pursuant to Title 61, chapter 4, part 2.

5(11) The department may adopt rules governing new motor vehicle warranties remedies pursuant to Title 6 61, chapter 4, part 5.

7(12)(11) The department may adopt rules for local option tax appeals pursuant to 15-15-201.

8(13)(12) The department may adopt rules to implement any other provision of this title."

9

10COORDINATION SECTION. SECTION 30. COORDINATION INSTRUCTION. IF SENATE BILL NO. 65 AND [THIS

11ACT] ARE BOTH PASSED AND APPROVED AND IF SENATE BILL NO. 65 AMENDS 61-5-125 AND [THIS ACT] REPEALS

1261-5-125, THEN [SECTION 23 OF THIS ACT] MUST BE AMENDED AS FOLLOWS:

13"NEW SECTION. Section 23. Rulemaking authority -- driver's licenses and identification cards.

14(1) The department may adopt rules to administer and enforce the provisions of Title 61, chapter 5.

15(2) The department may adopt rules governing acceptable methods of proof of identification, including

16name, date of birth, and authorized presence, that an individual must submit when applying for a license or

17identification card, including a new, renewal, or replacement license or identification card.

18(3) The department may adopt rules governing the determination of the driver's license expiration date,

19minimum and maximum license terms, and license renewal requirements for a driver's license issued to a person

20who is a foreign national whose presence in the United States is temporarily authorized under federal law.

21(4) The department shall adopt rules governing the calculation of grace periods for renewals and the

22calculation of other time periods established by statute or federal regulation.

23(5) The department may adopt rules governing the renewal of a driver's license by a person in the military

24assigned to active duty who had a valid Montana driver's license at the time of entering active duty.

25(6) The department shall adopt rules to set the standards for driver license examinations and

26reexaminations.

27(7) The department may adopt rules to set the standards for photographs, certifications, and signature

28requirements for the issuance of driver's licenses.

29(8) The department shall adopt rules establishing the functional abilities and skills required to exercise

30ordinary and reasonable control to safely operate a motor vehicle. The rules:

1(a) must include operational restrictions based on the driver's ability and skills;

2(b) may direct the design of one or more types of skills tests. A skills test may consist of:

3(i) a comprehensive assessment of a person's functional abilities by means of an actual demonstration 4 of the applicant's ability to exercise ordinary and reasonable control in the safe operation of a motor vehicle; or

5(ii) a more limited assessment of a person's functional abilities, conducted at the discretion of the 6 department, as related to a specific physical or mental condition or conditions or a request for reexamination.

7(c) must include appropriate licensing criteria relating to the use of adaptive equipment or operational 8 limits that can be readily discerned by law enforcement or a licensing agency in another jurisdiction.

9(9) The department shall adopt rules establishing vision requirements for a person to safely operate a

10 motor vehicle. The rules:

11(a) must include the minimum uncorrected or corrected visual acuity requirements for both unrestricted

12and restricted licenses and operational restrictions based on the visual acuity of an applicant or licensee,

13including the use of bioptic lenses; and

14(b) may include minimum field of vision and depth perception requirements for both unrestricted and

15restricted licenses.

16(10) The rules in subsections (8) and (9):

17(a) may take into consideration any nationally recognized standards or recommended practices or

18standards of other jurisdictions for assessment of a person's functional abilities and skills;

19(b) may be derived from medical guidelines and information compiled by driver licensing medical advisory

20or review boards from other jurisdictions, as well as information received from advocacy groups for persons with

21disabilities and senior citizens; and

22(c) except as provided in 61-5-105, may not use a person's age or a person's physical or mental disability,

23limitation, or condition as a justification for the denial of a license.

24(11) The department shall adopt rules governing the issuance of a restricted learner license, including

25when the department may issue a restricted learner license to allow for a driver to practice driving skills.

26(12) The department shall adopt rules governing the issuance of a hardship license to a person who is

27at least 13 years of age and because of individual hardship needs a restricted driver's license, including a person

28who holds a learner license under 61-5-106. The department must consider, among other criteria, whether a

29hardship license is needed because the applicant's parent or guardian is not available to accompany the licensee,

30whether due to employment or circumstances related to the operation of a farm or ranch or because the parent

1or guardian does not hold a valid driver's license, and the licensee is required to drive to the licensee's school

2 bus stop.

3(13) The department may adopt rules governing probationary licenses, including:

4(a) issuance to a person whose license has been suspended or revoked or whose license is subject to 5 a discretionary suspension or revocation;

6(b) the establishment of restrictions and duration placed on a probationary license;

7(c) the expiration of a probationary license;

8(d) the cancellation of a probationary license for violating the restrictions on the probationary license or 9 for another law violation; and

10(d) issuance and cancellation of probationary or restricted driver licenses, including the requirements for

11issuing a probationary license when the person is convicted in an out-of-state jurisdiction;

12(e) the determination of the appropriate sanction to apply based on a conviction or administrative action,

13including the duration and requirements for restoration;

14(f) the procedures for the collection, distribution, and strict accountability of any funds received for fees

15collected for an implied consent refusal; and

16(e)(g) the issuance, withdrawal, and monitoring of a restricted-use driving permit issued under 61-5-232.

17(14) The department may adopt rules governing the requirements for a veteran designation on a driver's

18license or identification card.

19(15) The department may adopt rules governing the issuance of a replacement driver's license.

20(16) The department may adopt rules governing the certification process for cooperative driver testing

21program instructors.

22(17) The department may adopt rules for the implementation of online driver's license renewal.

23(18) The department shall adopt rules governing the issuance, renewal, and cancellation of identification

24cards that align with the proof of identity, residence, and authorized presence standards for a driver's license.

25(19) The department may adopt rules for determining moving violations.

26(20) The department may adopt rules for charging a fee for not appearing at a scheduled commercial

27skills test or motorcycle test and for the waiver of the fee for good cause shown.

28(21) The department may adopt rules governing the conditions under which an applicant is eligible to

29receive a driver's license or identification card by expedited service and to set the fee for expedited service.

30(22) The department may adopt rules to implement any other provision of this title."

1

2NEW SECTION. Section 31. Effective dates. (1) Except as provided in subsection (2), [this act] is 3 effective on passage and approval.

4(2) [Section 5(8)] is effective January 1, 2020.

SB 346

Version: 3
Author: Sen. Steve Fitzpatrick (R-MT)

Created by BCL easyConverter SDK 5 (HTML Version)

4A BILL FOR AN ACT ENTITLED: "AN ACT GENERALLY REVISING MOTOR VEHICLE LAWS; DEFINING

5 "MANUFACTURER'S SUGGESTED RETAIL PRICE"; ALLOWING ELECTRONIC RENEWAL NOTICE; 6 INCREASING CERTAIN FEES FOR MOTORCYCLES AND QUADRICYCLES; REVISING COMMERCIAL 7 DRIVER RECIPROCITY; REVISING THE DEFINITION OF "MOTOR VEHICLE RECORD"; CONSOLIDATING 8 RULEMAKING AUTHORITY; ALLOWING FOR BIOPTIC LENS RULEMAKING AUTHORITY; AMENDING 9 SECTIONS 15-15-201, 61-3-224, 61-3-312, 61-3-316, 61-3-321, 61-3-332, 61-3-414, 61-3-415, 61-3-423,

1061-3-474, 61-3-535, 61-4-203, 61-5-111, 61-5-112, 61-5-118, 61-5-123, 61-5-232, 61-11-102, 61-11-503,

1161-12-502, AND 61-13-103, MCA; REPEALING SECTIONS 61-3-315, 61-3-506, 61-4-532, 61-5-125, AND

1261-11-516, MCA; AND PROVIDING EFFECTIVE DATES."

13

14BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

16Section 1. Section 15-15-201, MCA, is amended to read:

17"15-15-201. Motor vehicle tax appeals -- payment and protest of local option taxes or fees in lieu

18of tax on motor vehicles. (1) (a) A taxpayer who seeks to appeal the imposition of local option taxes on light

19vehicles or fees in lieu of tax assessed against a motor vehicle and imposed by the department of justice under

20authority of 15-8-202 shall file a written application for the appeal not later than 30 days after receipt of the mail

21renewal notice from the department as provided in 61-3-535. The application must be on a form prescribed by

22the department of justice in consultation with the state tax appeal board.

23(b) The application must include a specific explanation of the basis for the taxpayer's appeal. The basis

24for appeal must be related to the factors to be considered and applied by the department of justice under

2561-3-503, 61-3-506, and 61-3-529 and established by the department's rulemaking authority in [section 22].

26(2) (a) The treasurer of the county or municipality is not required to deposit local option vehicle taxes or

27fees in lieu of tax on a motor vehicle paid under protest in the special fund designated as a protest fund as

28required for property taxes under 15-1-402. The taxes or fees paid under protest may be reported and distributed

29in the same manner as those received without protest.

30(b) If a refund is payable as a result of the taxpayer prevailing in a tax appeal or court proceeding

1concerning the protested motor vehicle taxes or fees, a refund may be made in accordance with 15-16-603.

2(3) (a) A motor vehicle tax appeal may be heard by the county tax appeal board during its next regularly 3 scheduled session if the application for the appeal was filed by December 1. If during its current session, a county 4 tax appeal board refuses or fails to hear a taxpayer's application that was timely filed by December 1, then the 5 taxpayer's application is considered to be granted on the day following the board's final meeting for that year.

6(b) A motor vehicle tax appeal filed after December 1 may be held over by the board to a session in the 7 following year. If a taxpayer's application that was timely filed after December 1 of the current session of the 8 county tax appeal board is held over to a session in the following year and if the county tax appeal board refuses 9 or fails to hear the application during the following session, then the application is considered to be granted on

10the day following the board's final meeting for that year."

12Section 2. Section 61-3-224, MCA, is amended to read:

13"61-3-224. Temporary registration permit -- authority to adopt rules -- issuance -- placement --

14fees. (1) The department may adopt rules governing the issuance of temporary registration permits. The rules

15must specify the purposes for which a temporary registration permit may be issued, including but not limited to

16issuance to:

17(a) a Montana resident who acquires a new or used motor vehicle, trailer, semitrailer, pole trailer,

18motorboat, sailboat that is 12 feet in length or longer, snowmobile, or off-highway vehicle for operation of the

19vehicle or vessel prior to titling and registration of the vehicle or vessel under this chapter;

20(b) the owner of a salvage vehicle or a vehicle requiring a state-assigned vehicle identification number

21in order to move the vehicle to and from a designated inspection site prior to applying for a new certificate of title

22under 61-3-107 or 61-3-212;

23(c) the owner of a motor vehicle, trailer, semitrailer, or pole trailer registered in this state for operation

24of the vehicle while awaiting production and receipt of special or duplicate license plates ordered for the vehicle

25under this chapter;

26(d) a nonresident of this state who acquires a motor vehicle, trailer, semitrailer, or pole trailer in this state

27for operation of the vehicle prior to its titling and registration under the laws of the nonresident's jurisdiction of

28residence;

29(e) a dealer licensed in another state who brings a motor vehicle or trailer designed and used to apply

30fertilizer to agricultural lands into the state for special demonstration in this state;

1(f) a financial institution located in Montana for a prospective purchaser to demonstrate a motor vehicle 2 that the financial institution has obtained following repossession;

3(g) an insurer or its agent to move a motor vehicle or trailer to auction following acquisition of the vehicle 4 by the insurer as a result of the settlement of an insurance claim;

5 (h) a nonresident owner to temporarily operate a quadricycle or motorcycle designed for off-road 6 recreational use on the highways of this state when the quadricycle or motorcycle designed for off-road 7 recreational use is equipped for use on the highways as prescribed in chapter 9 but the quadricycle or motorcycle 8 designed for off-road recreational use is not registered or is only registered for off-road use in the nonresident's 9 home state; or

10(i) a new owner of a motor vehicle, trailer, semitrailer, pole trailer, motorboat, sailboat that is 12 feet in

11length or longer, snowmobile, or off-highway vehicle for which the new owner cannot, due to circumstances

12beyond the new owner's control, surrender a previously assigned certificate of title.

13(2)(1) (a) The department, an authorized agent, or a county treasurer may issue a temporary registration

14permit for any purpose authorized under the rules adopted by the department.

15(b) An authorized agent or a county treasurer may issue a temporary registration permit without use of

16the department-approved electronic interface only if authorized by the department.

17(3)(2) A person, using a department-approved electronic interface, may issue a temporary registration

18permit for any purpose authorized under the rules adopted by the department.

19(4)(3) A temporary registration permit issued under this section must contain the following information:

20(a) a temporary plate number as prescribed by the department;

21(b) the expiration date of the temporary registration permit; and

22(c) if required by the department, a description of the motor vehicle, trailer, semitrailer, pole trailer,

23motorboat, personal watercraft, sailboat, or snowmobile, including year, make, model, and vehicle identification

24number, the name of the person from whom ownership of the motor vehicle, trailer, semitrailer, pole trailer,

25motorboat, personal watercraft, sailboat, or snowmobile was transferred, the name, mailing address, and

26residence address of the person to whom ownership of the motor vehicle, trailer, semitrailer, pole trailer,

27motorboat, personal watercraft, sailboat, or snowmobile has been transferred, and the date of issuance.

28(5)(4) A temporary registration permit for:

29(a) a motor vehicle, trailer, semitrailer, or pole trailer must be plainly visible and firmly attached to the

30rear exterior of the vehicle where a license plate is required to be displayed; and

1(b) a motorboat, a sailboat that is 12 feet in length or longer, a snowmobile, or an off-highway vehicle 2 must be plainly visible and firmly attached to the vehicle or vessel.

3(6)(5) (a) Except as provided in 61-3-431 and subsections (6)(b) (5)(b) and (6)(c) (5)(c) of this section, 4 a $19.50 fee is imposed upon issuance of a temporary registration permit by the department, an authorized agent, 5 or a county treasurer. The fee must be paid by the owner of the vehicle or vessel and collected by the department, 6 the authorized agent, or a county treasurer upon issuance of the temporary registration permit.

7(b) Except as provided in 61-3-431, a fee of $24.50 is imposed and must be paid upon issuance of a

8 temporary registration permit by:

9(i) the department, an authorized agent, or a county treasurer to a nonresident of this state who acquires 10 a vehicle or vessel in this state or who registers for temporary use in this state a quadricycle or motorcycle 11 designed for off-road recreational use; or

12(ii) a person who issued a temporary registration permit using a department-approved electronic interface.

13(c) A fee of $24 is imposed and must be paid upon issuance of a temporary registration permit for a

1490-day temporary registration permit as provided in 61-3-303(3)(b).

15(7)(6) The fees imposed under this section, upon collection, must be forwarded to the state and

16deposited as follows:

17(a) $16.50 from each permit fee collected pursuant to subsection (6) (5) in the state special revenue

18account established in 44-10-204; and

19(b) the remainder in the motor vehicle electronic commerce operating account provided for in 61-3-118.

20(8)(7) If a temporary registration permit is issued under this section to a person to whom ownership of

21a vehicle or vessel has been transferred, the permitholder shall title and register the vehicle or vessel in this or

22another jurisdiction before the ownership of the vehicle or vessel may be transferred to another person."

23

24Section 3. Section 61-3-312, MCA, is amended to read:

25"61-3-312. Renewal of registration -- exceptions -- grace period. (1) Except as provided in 61-3-313

26and 61-3-721, the registration of a motor vehicle under this chapter must be renewed on or before the last day

27of the month of the motor vehicle's registration period following the expiration of the motor vehicle's registration.

28(2) A person may renew a motor vehicle's registration by submitting full payment for the fees or taxes

29required under 61-3-303 and 61-3-321(13) to the department, an authorized agent, or a county treasurer in any

30county of this state.

1(3) The department, an authorized agent, or a county treasurer shall use the online motor vehicle liability 2 insurance verification system provided in 61-6-157 to verify proof of compliance with 61-6-301.

3(4) Except as provided in 61-3-315 established by the department's rulemaking authority in [section 22], 4 the THE registration period originally assigned under 61-3-311 must be retained and the duration of the renewed 5 registration is determined in accordance with 61-3-311. A registration receipt is valid for the registration period 6 for which it is issued.

7(5) The owner of a motor vehicle subject to registration renewal under the provisions of this section is 8 considered to have renewed the motor vehicle's registration in a timely manner if the owner submits full payment 9 for the required fees or taxes, as prescribed in the mail renewal notice from the department, to the department,

10an authorized agent, or a county treasurer on or before the last day of the month of the motor vehicle's

11registration period.

12(6) The department, an authorized agent, or a county treasurer may not renew the registration of a motor

13vehicle for which ownership has been transferred and that was originally registered without being titled under the

14provisions of 61-3-303(3)(b) unless:

15(a) the previously issued certificate of title has been surrendered to the department, an authorized agent,

16or the county treasurer and the process for issuing a certificate of title has been completed; or

17(b) the person to whom ownership of the motor vehicle has been transferred presents an affidavit and

18bond in support of the application for a certificate of title as permitted in 61-3-208."

19

20Section 4. Section 61-3-316, MCA, is amended to read:

21"61-3-316. New registrations. Except as provided in 61-3-311, a motor vehicle that is registered for the

22first time in this state must be assigned a registration period corresponding to when the motor vehicle is first

23registered in this state. Except as permitted in 61-3-315, 61-3-318, and or 61-3-324, or established by the

24department's rulemaking authority in [section 22], the registration period for a motor vehicle must remain the same

25from year to year."

26

27Section 5. Section 61-3-321, MCA, is amended to read:

28"61-3-321. Registration fees of vehicles and vessels -- certain vehicles exempt from registration

29fees -- disposition of fees -- definition. (1) Except as otherwise provided in this section, registration fees must

30be paid upon registration or, if applicable, renewal of registration of motor vehicles, snowmobiles, watercraft,

1trailers, semitrailers, and pole trailers as provided in subsections (2) through (20).

2(2) (a) Except as provided in subsection (2)(b), unless a light vehicle is permanently registered under 3 61-3-562, the annual registration fee for light vehicles, trucks, and buses that weigh 1 ton or less and for logging

4 trucks that weigh 1 ton or less is as follows:

5(i) if the vehicle is 4 or less years old, $217;

6(ii) if the vehicle is 5 through 10 years old, $87; and

7(iii) if the vehicle is 11 or more years old, $28.

8(b) For a light vehicle with a manufacturer's suggested retail price of more than $150,000 that is 10 years 9 old or less, the annual registration fee is the amount provided for in subsection (2)(a) plus $825.

10(3) (a) Except as provided in subsection subsections (3)(b) and (15), the one-time registration fee based

11on the declared weight of a trailer, semitrailer, or pole trailer is as follows:

12(i) if the declared weight is less than 6,000 pounds, $61.25; or

13(ii) if the declared weight is 6,000 pounds or more, $148.25.

14(b) If For a trailer, semitrailer, or pole trailer that is registered under 61-3-701, the fees required in

15subsection (3)(a) must be paid annually the annual registration fee based on the declared weight is as follows:

16(i) if the declared weight is less than 6,000 pounds, $30; or

17(ii) if the declared weight is 6,000 pounds or more, $60.

18(4) Except as provided in subsection (15), the one-time registration fee for motor vehicles owned and

19operated solely as collector's items pursuant to 61-3-411, based on the weight of the vehicle, is as follows:

20(a) 2,850 pounds and over, $10; and

21(b) under 2,850 pounds, $5.

22(5) Except as provided in subsection (15), the one-time registration fee for off-highway vehicles other

23than a quadricycle or motorcycle is $61.25.

24(6) The annual registration fee for heavy trucks, buses, and logging trucks in excess of 1 ton is $22.75.

25(7) (a) Except as provided in subsection (7)(c), the annual registration fee for a motor home, based on

26the age of the motor home, is as follows:

27(i) less than 2 years old, $282.50;

28(ii) 2 years old and less than 5 years old, $224.25;

29(iii) 5 years old and less than 8 years old, $132.50; and

30(iv) 8 years old and older, $97.50.

1(b) The owner of a motor home that is 11 years old or older and that is subject to the registration fee

2 under this section may permanently register the motor home upon payment of:

3(i) a one-time registration fee of $237.50;

4(ii) unless a new set of license plates is being issued, an insurance verification fee of $5, which must be 5 deposited in the account established under 61-6-158;

6(iii) if applicable, five times the renewal fees for personalized license plates under 61-3-406; and

7(iv) if applicable, the donation fee for a generic specialty license plate under 61-3-480 or a collegiate 8 license plate under 61-3-465.

9(c) For a motor home with a manufacturer's suggested retail price of more than $300,000 that is 10 years 10 old or less, the annual registration fee is the amount provided in subsection (7)(a) plus $800.

11(8) (a) (i) Except as provided in subsection subsections (8)(b) and (15), the one-time registration fee for

12motorcycles and quadricycles registered for use on the public highways is $53.25, the one-time registration fee

13for motorcycles and quadricycles registered for off-highway use is $53.25, and the one-time registration fee for

14motorcycles and quadricycles registered for both off-road use and for use on the public highways is $114.50.

15(b)(ii) An additional fee of $16 must be collected for the registration of each motorcycle or quadricycle

16as a safety fee, which must be deposited in the state motorcycle safety account provided for in 20-25-1002.

17(b) (i) The annual registration fee for motorcycles and quadricycles registered for use on the public

18highways under 61-3-701 is $44.

19(ii) The annual registration fee for motorcycles and quadricycles registered for off-highway use under

2061-3-701 is $44.

21(iii) The annual registration fee for motorcycles and quadricycles registered for both off-road use and for

22use on the public highways under 61-3-701 is $88.

23(iv) An additional safety fee of $7 must be collected annually for each motorcycle or quadricycle

24registered under 61-3-701. The safety fee must be deposited in the state motorcycle safety account provided for

25in 20-25-1002.

26(9) Except as provided in subsection (15), the one-time registration fee for travel trailers, based on the

27length of the travel trailer, is as follows:

28(a) under 16 feet in length, $72; and

29(b) 16 feet in length or longer, $152.

30(10) Except as provided in subsection (15), the one-time registration fee for a motorboat, sailboat,

1personal watercraft, or motorized pontoon required to be numbered under 23-2-512 is as follows:

2(a) for a personal watercraft or a motorboat, sailboat, or motorized pontoon less than 16 feet in length,

3 $65.50;

4(b) for a motorboat, sailboat, or motorized pontoon at least 16 feet in length but less than 19 feet in 5 length, $125.50; and

6(c) for a motorboat, sailboat, or motorized pontoon 19 feet in length or longer, $295.50.

7(11) (a) Except as provided in subsections (11)(b) and (15), the one-time registration fee for a 8 snowmobile is $60.50.

9(b) (i) A snowmobile that is licensed by a Montana business and is owned exclusively for the purpose

10 of daily rental to customers is assessed:

11(A) a fee of $40.50 in the first year of registration; and

12(B) if the business reregisters the snowmobile for a second year, a fee of $20.

13(ii) If the business reregisters the snowmobile for a third year, the snowmobile must be permanently

14registered and the business is assessed the registration fee imposed in subsection (11)(a).

15(12) (a) The one-time registration fee for a low-speed electric vehicle is $25.

16(b) The one-time registration fee for a golf cart that is owned by a person who has or is applying for a

17low-speed restricted driver's license is $25.

18(c) The one-time registration fee for golf carts authorized to operate on certain public streets and

19highways pursuant to 61-8-391 is $25. Upon receipt of the fee, the department shall issue the owner a decal,

20which must be displayed visibly on the golf cart.

21(13) (a) Except as provided in subsection (13)(b), a fee of $10 must be collected when a new set of

22standard license plates, a new single standard license plate, or a replacement set of special license plates

23required under 61-3-332 is issued. The $10 fee imposed under this subsection does not apply when previously

24issued license plates are transferred under 61-3-335. All registration fees imposed under this section must be

25paid if the vehicle to which the plates are transferred is not currently registered.

26(b) An additional fee of $15 must be collected if a vehicle owner elects to keep the same license plate

27number from license plates issued before January 1, 2010, when replacement of those plates is required under

2861-3-332(3).

29(c) The fees imposed in this subsection (13) must be deposited in the account established under

3061-6-158, except that $2 of the fee imposed in subsection (13)(a) must be deposited in the state general fund.

1(14) The provisions of this part with respect to the payment of registration fees do not apply to and are 2 not binding upon motor vehicles, trailers, semitrailers, snowmobiles, watercraft, or tractors owned or controlled 3 by the United States of America or any state, county, city, or special district, as defined in 18-8-202, or to a vehicle 4 or vessel that meets the description of property exempt from taxation under 15-6-201(1)(a), (1)(d), (1)(e), (1)(g), 5 (1)(h), (1)(i), (1)(k), (1)(l), (1)(n), or (1)(o), 15-6-203, or 15-6-215, except as provided in 61-3-520.

6 (15) Whenever ownership of a trailer, semitrailer, pole trailer, off-highway vehicle, motorcycle,

7quadricycle, travel trailer, motor home, motorboat, sailboat, personal watercraft, motorized pontoon, snowmobile,

8 motor vehicle owned and operated solely as a collector's item pursuant to 61-3-411, or low-speed electric vehicle 9 is transferred, the new owner shall title and register the vehicle or vessel as required by this chapter and pay the

10fees imposed under this section.

11(16) A person eligible for a waiver under 61-3-460 is exempt from the fees required under this section.

12(17) Except as otherwise provided in this section, revenue collected under this section must be deposited

13in the state general fund.

14(18) The fees imposed by subsections (2) through (12) are not required to be paid by a dealer for the

15enumerated vehicles or vessels that constitute inventory of the dealership.

16(19) (a) Unless a person exercises the option in either subsection (19)(b) or (19)(c), an additional fee of

17$6 must be collected for each light vehicle registered under this part. This fee must be accounted for and

18transmitted separately from the registration fee. The fee must be deposited in an account in the state special

19revenue fund to be used for state parks, for fishing access sites, and for the operation of state-owned facilities.

20Of the $6 fee, the department of fish, wildlife, and parks shall use $5.37 for state parks [or as otherwise

21appropriated by the legislature], 25 cents for fishing access sites, and 38 cents for the operation of state-owned

22facilities at Virginia City and Nevada City.

23(b) A person who registers a light vehicle may, at the time of annual registration, certify that the person

24does not intend to use the vehicle to visit state parks and fishing access sites and may make a written election

25not to pay the additional $6 fee provided for in subsection (19)(a). If a written election is made, the fee may not

26be collected.

27(c) (i) A person who registers one or more light vehicles may, at the time of annual registration, certify

28that the person does not intend to use any of the vehicles to visit state parks and fishing access sites and may

29make a written election not to pay the additional $6 fee provided for in subsection (19)(a). If a written election is

30made, the fee may not be collected at any subsequent annual registration unless the person makes the written

1election to pay the additional fee on one or more of the light vehicles.

2(ii) The written election not to pay the additional fee on a light vehicle expires if the vehicle is registered 3 to a different person.

4(20) For each light vehicle, trailer, semitrailer, pole trailer, heavy truck, motor home, motorcycle, 5 quadricycle, and travel trailer subject to a registration fee under this section, an additional fee of $10 must be 6 collected and forwarded to the state for deposit in the account established in 44-1-504.

7(21) (a) If a person exercises the option in subsection (21)(b), an additional fee of $5 must be collected 8 for each light vehicle registered under this part. This fee must be accounted for and transmitted separately from 9 the registration fee. The fee must be deposited in an account in the state special revenue fund. Funds in the

10account are statutorily appropriated, as provided in 17-7-502, to the department of transportation and must be

11allocated as provided in 60-3-309.

12(b) A person who registers one or more light vehicles may, at the time of annual registration, make a

13written or electronic election to pay the additional $5 fee provided for in subsection (21)(a).

14(22) This section does not apply to a motor vehicle, trailer, semitrailer, or pole trailer that is governed by

1561-3-721.

16(23) (a) The $800 and $825 amounts collected based on the manufacturer's suggested retail price in

17subsections (2) and (7) are exempt from the provisions of 15-1-122 and must be deposited in the motor vehicle

18division administration account established in 61-3-112.

19(b) By August 15 of each year, beginning in the fiscal year beginning July 1, 2019, the department of

20justice shall deposit into the general fund an amount equal to the fiscal yearend balance minus 25% of the current

21fiscal year appropriation for the motor vehicle division administration account established in 61-3-112.

22(24) (a) For the purposes of this section, "manufacturer's suggested retail price" means the price

23suggested by a manufacturer for each given type, style, or model of a light vehicle or motor home produced and

24first made available for retail sale by the manufacturer.

25(b) The manufacturer's suggested retail price is based on standard equipment of a light vehicle or motor

26home and does not contain price additions or deductions for optional accessories.

27(c) When a manufacturer's suggested retail price is unavailable for a light vehicle or motor home, the

28department shall determine an alternative valuation for the light vehicle or motor home. (Bracketed language

29terminates June 30, 2019--sec. 21, Ch. 351, L. 2017.)"

30

1Section 6. Section 61-3-332, MCA, is amended to read:

2"61-3-332. Standard license plates. (1) In addition to special license plates, collegiate license plates, 3 generic specialty license plates, and fleet license plates authorized under this chapter, a separate series of 4 standard license plates must be issued for motor vehicles, quadricycles, travel trailers, trailers, semitrailers, and 5 pole trailers registered in this state or offered for sale by a vehicle dealer licensed in this state. Standard license 6 plates issued to licensed vehicle dealers must be readily distinguishable from license plates issued to vehicles 7 owned by other persons.

8(2) (a) Except as provided in 61-3-479 and subsections (2)(b), (3)(b), and (3)(c) of this section, all 9 standard license plates for motor vehicles, trailers, semitrailers, or pole trailers must bear a distinctive marking,

10as determined by the department, and be furnished by the department. In years when standard license plates

11are not reissued for a vehicle, the department shall provide a registration decal that must be affixed to the rear

12license plate of the vehicle.

13(b) For light vehicles that are permanently registered as provided in 61-3-562 and motor vehicles

14described in 61-3-303(9) that are permanently registered, the department shall provide a distinctive registration

15decal indicating that the motor vehicle is permanently registered. The registration decal must be affixed to the rear

16license plate of the permanently registered motor vehicle.

17(c) For a travel trailer, motorcycle, quadricycle, trailer, semitrailer, or pole trailer that is permanently

18registered as provided in 61-3-313(2), the department may use the word or an abbreviation for the word

19"permanent" on the plate in lieu of issuing a registration decal for the plate.

20(3) (a) (i) New license plates issued under 61-3-303 or this section must be a standard license plate

21design first issued in 1989 or later or current collegiate or generic specialty license plate designs. For the

22purposes of this subsection (3), all military, veteran, and amateur radio license plates and any license plate with

23a wheelchair design, excluding collegiate or generic specialty plates with a wheelchair design, are treated as

24standard license plates.

25(ii) License plates issued on or after January 1, 2010, must be replaced with new license plates if, upon

26renewal of registration under 61-3-312, the license plates are 5 10 or more years old or will become older than

275 10 years during the registration period. New license plates must be issued in accordance with the

28implementation schedule adopted by the department under 61-3-315 [section 22].

29(iii) A vehicle owner may elect to keep the same license plate number from license plates issued before

30January 1, 2010, when replacement of those plates is required under this subsection.

1(b) A motor vehicle that is registered for a 13-month to a 24-month period, as provided in 61-3-311, may 2 display the license plate and plate design in effect at the time of registration for the entire registration period.

3(c) A light vehicle described in subsection (2)(b) or a motor home that is permanently registered may 4 display the license plate and plate design in effect at the time of registration for the entire period that the light 5 vehicle or motor home is permanently registered.

6(d) The provisions of this subsection (3) do not apply to a travel trailer, motorcycle, quadricycle, trailer, 7 semitrailer, or pole trailer.

8(e) The requirements of this subsection (3) apply to collegiate license plates authorized under 61-3-461 9 through 61-3-468, generic specialty license plates authorized under 61-3-472 through 61-3-481, commemorative

10centennial license plates authorized under 61-3-448, and special military or veteran license plates authorized

11under 61-3-458.

12(4) (a) All license plates must be metal and treated with a reflectorized background material according

13to specifications prescribed by the department. The word "Montana" must be placed on each license plate and,

14except for license plates that are 4 inches wide and 7 inches in length, the outline of the state of Montana must

15be used as a distinctive border on each standard license plate.

16(b) Plates for semitrailers, travel trailers, pole trailers, trailers with a declared weight of 6,000 pounds or

17more, and motor vehicles, other than motorcycles and quadricycles, must be 6 inches wide and 12 inches in

18length.

19(c) Plates for motorcycles and quadricycles must be 4 inches wide and 7 inches in length.

20(d) The department shall issue plates that are 4 inches wide and 7 inches in length for trailers with a

21declared weight of less than 6,000 pounds unless a person registering a trailer with a declared weight of less than

226,000 pounds requests plates that are 6 inches wide and 12 inches in length. A person registering a trailer shall

23pay all applicable fees for the plates chosen.

24(5) The distinctive registration numbers for standard license plates must begin with a number one or with

25a letter-number combination, such as "A 1" or "AA 1", or any other similar combination of letters and numbers.

26Except for special license plates, collegiate license plates, generic specialty license plates, fleet license plates,

27and standard license plates that are 4 inches wide and 7 inches in length, the distinctive registration number or

28letter-number combination assigned to the motor vehicle must appear on the plate preceded by the number of

29the county and appearing in horizontal order on the same horizontal baseline. The county number must be

30separated from the distinctive registration number by a separation mark unless a letter-number combination is

1used. The dimensions of the numerals and letters must be determined by the department, and all county and

2 registration numbers must be of equal height.

3(6) For the use of exempt motor vehicles, trailers, semitrailers, or pole trailers and motor vehicles, 4 trailers, semitrailers, or pole trailers that are exempt from the registration fee as provided in 61-3-321, in addition

5 to the markings provided in this section, standard license plates must bear the following distinctive markings:

6(a) For motor vehicles, trailers, semitrailers, or pole trailers owned by the state, the department may 7 designate the prefix number for the various state departments. All numbered plates issued to state departments 8 must bear the words "State Owned", and a year number may not be indicated on the plates because these 9 numbered plates are of a permanent nature and will be replaced by the department only when the physical

10condition of numbered plates requires it.

11(b) For motor vehicles, trailers, semitrailers, or pole trailers that are owned by the counties,

12municipalities, and special districts, as defined in 18-8-202, organized under the laws of Montana and not

13operating for profit, and that are used and operated by officials and employees in the line of duty and for motor

14vehicles on loan from the United States government or the state of Montana to, or owned by, the civil air patrol

15and used and operated by officials and employees in the line of duty, there must be placed on the standard

16license plates assigned, in a position that the department may designate, the letter "X" or the word "EXEMPT".

17Distinctive registration numbers for plates assigned to motor vehicles, trailers, semitrailers, or pole trailers of each

18of the counties in the state and those of the municipalities and special districts that obtain plates within each

19county must begin with number one and be numbered consecutively. Because these standard license plates are

20of a permanent nature, they are subject to replacement by the department only when the physical condition of

21the license plates requires it and a year number may not be displayed on the plates.

22(7) For the purpose of this chapter, the several counties of the state are assigned numbers as follows:

23Silver Bow, 1; Cascade, 2; Yellowstone, 3; Missoula, 4; Lewis and Clark, 5; Gallatin, 6; Flathead, 7; Fergus, 8;

24Powder River, 9; Carbon, 10; Phillips, 11; Hill, 12; Ravalli, 13; Custer, 14; Lake, 15; Dawson, 16; Roosevelt, 17;

25Beaverhead, 18; Chouteau, 19; Valley, 20; Toole, 21; Big Horn, 22; Musselshell, 23; Blaine, 24; Madison, 25;

26Pondera, 26; Richland, 27; Powell, 28; Rosebud, 29; Deer Lodge, 30; Teton, 31; Stillwater, 32; Treasure, 33;

27Sheridan, 34; Sanders, 35; Judith Basin, 36; Daniels, 37; Glacier, 38; Fallon, 39; Sweet Grass, 40; McCone, 41;

28Carter, 42; Broadwater, 43; Wheatland, 44; Prairie, 45; Granite, 46; Meagher, 47; Liberty, 48; Park, 49; Garfield,

2950; Jefferson, 51; Wibaux, 52; Golden Valley, 53; Mineral, 54; Petroleum, 55; Lincoln, 56. Any new counties must

30be assigned numbers by the department as they are formed, beginning with the number 57.

1(8) Each type of special license plate approved by the legislature, except collegiate license plates 2 authorized in 61-3-463 and generic specialty license plates authorized in 61-3-472 through 61-3-481, must be 3 a separate series of plates, numbered as provided in subsection (5), except that the county number must be 4 replaced by a design that distinguishes each separate plate series. Unless otherwise specifically stated in this 5 section, the special plates are subject to the same rules and laws as govern the issuance of standard license 6 plates, must be placed or mounted on a motor vehicle, trailer, semitrailer, or pole trailer owned by the person who 7 is eligible to receive them, with the registration decal affixed to the rear license plate of the motor vehicle, trailer, 8 semitrailer, or pole trailer, and must be removed upon sale or other disposition of the motor vehicle, trailer, 9 semitrailer, or pole trailer.

10(9) (a) A Montana resident who is eligible to receive a special parking permit under 49-4-301 may and

11a person with a low-speed restricted driver's license operating a low-speed electric vehicle or golf cart as provided

12in 61-5-122 must, upon written application on a form prescribed by the department, be issued a special license

13plate with a design or decal bearing a representation of a wheelchair as the symbol of a person with a disability.

14(b) If the motor vehicle to which the license plate is attached is permanently registered, the owner of the

15motor vehicle shall provide, upon request of a person authorized to enforce special parking laws or ordinances

16in this or any state, evidence of continued eligibility to use the license plate in the form of a valid special parking

17permit issued to or renewed by the vehicle owner under 49-4-304 and 49-4-305.

18(c) A person with a permanent condition, as provided in 49-4-301(2)(b), who has been issued a special

19license plate upon written application, as provided in this subsection (9), is not required to reapply upon

20reregistration of the motor vehicle.

21(10) The provisions of this section do not apply to a motor vehicle, trailer, semitrailer, or pole trailer that

22is registered as part of a fleet, as defined in 61-3-712, and that is subject to the provisions of 61-3-711 through

2361-3-733."

24

25Section 7. Section 61-3-414, MCA, is amended to read:

26"61-3-414. Special motorcycle license plates for military personnel, veterans, and spouses --

27department to design -- fees -- disposition. (1) The department shall design and issue motorcycle license

28plates for all special military and veteran license plates provided for in 61-3-458(2)(d) and (3).

29(2) A person requesting a special military or veteran motorcycle license plate under this section:

30(a) is subject to the eligibility requirements for the license plate as provided in 61-3-458; and

1(b) shall pay to the county treasurer or an authorized agent:

2(i) an administrative fee of $5 upon issuance of the motorcycle license plate, to be deposited in the 3 county general fund;

4(ii) a $5 license plate fee, to be deposited in the state general fund; and

5(iii) a $10 veterans' cemetery fee, to be deposited as provided in 61-3-459(2).

6(3) Upon request, after paying the fees imposed under subsection (2)(b) and any applicable vehicle 7 registration fees under this chapter, the surviving spouse of an eligible veteran, if the spouse has not remarried, 8 may retain the special license plates issued to the deceased veteran, subject to the eligibility requirements for 9 the plate as provided in 61-3-458(4)."

10

11Section 8. Section 61-3-415, MCA, is amended to read:

12"61-3-415. Special motorcycle license plates -- department to design -- fees -- distribution. (1) A

13Montana resident who is the owner of a motorcycle or quadricycle titled and registered under this chapter and

14who pays the fee required under subsection (2) may be issued a special motorcycle license plate bearing a

15design created by the department. The design must recognize the efforts of one or more Montana-based nonprofit

16organizations that grant wishes to chronically or critically ill Montana children.

17(2) A person requesting a special motorcycle license plate under this section shall pay to the county

18treasurer or an authorized agent:

19(a) an administrative fee of $5 upon issuance of the special license plate, to be deposited in the county

20general fund;

21(b) a $5 license plate fee; and

22(c) a donation fee of $20.

23(3) The county treasurer or an authorized agent shall remit the fees required in subsections (2)(b) and

24(2)(c) to the department. For each special plate issued, the department shall deposit $5 in the state general fund

25and $20 in an account in the state special revenue fund to be used by the department as provided in subsection

26(4).

27(4) The department shall use the money deposited in the account in the state special revenue fund as

28provided in subsection (3) to provide grants, using criteria established by the department, to Montana-based

29nonprofit organizations that grant wishes to Montana children who are chronically or critically ill.

30(5) The department shall adopt rules to identify the entity or entities that may qualify for grants under this

1section and to establish the criteria that an entity must meet to receive grant funds.

2(6)(5) The account in the state special revenue fund provided for in subsection (3) is statutorily 3 appropriated to the department, as provided in 17-7-502."

4

5Section 9. Section 61-3-423, MCA, is amended to read:

6"61-3-423. Rules -- limit Limit of one identical pair of plates for each operator. The department shall 7 adopt rules to procure compliance with all the laws of the state regulating the issuance of motor vehicle, trailer, 8 semitrailer, or pole trailer licenses relating to the use and operation of motor vehicles, trailers, semitrailers, or pole 9 trailers before issuing the lettered license plates. The department may not issue more than one identical pair of

10lettered license plates for any licensed amateur radio station in any one licensing period."

12Section 10. Section 61-3-474, MCA, is amended to read:

13"61-3-474. Responsibility for design of generic specialty license plates -- numbering -- rulemaking

14-- approval -- registration decal -- listing of plate sponsors. (1) The department shall:

15(a) design the background and general format of generic specialty license plates;

16(b) in consultation with the department of corrections, determine which license plate processing system

17is the most efficient and versatile manufacturing method for the production of generic specialty license plates;

18and

19(c) use a numbering system for generic specialty license plates that is distinctive from the numbering

20system required under 61-3-332 or used for collegiate license plates;

21(d) adopt rules that prescribe:

22(i) the minimum and maximum number of characters that a generic specialty license plate may display;

23(ii) the general placement of the sponsor's name, identifying phrase, and graphic; and

24(iii) any specifications or limitations on the use or choice of color or detail in the sponsor's graphic design.

25(2) All sponsor names, identifying phrases, and graphics intended for use on generic specialty license

26plates must be approved by the department prior to the manufacture of the plates.

27(3) Upon the issuance of generic specialty license plates, a registration decal must be affixed to the

28license plates as provided in 61-3-332.

29(4) The department shall maintain a list of the sponsors that have been approved to promote the sale

30and issuance of generic specialty license plates, the initial distribution date for sale of each sponsored generic

1specialty license plate, and the donation fee established by the sponsor for each sponsored generic specialty

2 license plate. The department shall, upon request, make copies of this list available to interested members of the 3 public.

4(5) The department may, in its discretion, revoke its previous approval of a sponsor's generic specialty

5 license plate sponsorship if:

6(a) the sponsor fails to comply with the provisions of 61-3-472 through 61-3-481;

7(b) fewer than 400 sets of a sponsor's generic specialty license plate have been sold or renewed in the 8 12-month period immediately preceding the third anniversary of the date of initial distribution of the sponsored 9 generic specialty license plate; or

10(c) the department has reliable information that the sponsor is no longer qualified for sponsorship under

1161-3-472 through 61-3-481.

12(6) (a) Upon revocation of a sponsor's generic specialty license plate sponsorship status, the issuance

13and sale of the sponsor's generic specialty license plates must be terminated.

14(b) A person who owns a motor vehicle displaying valid generic specialty license plates affiliated with

15a sponsor whose sponsorship status has been revoked may continue to display those generic specialty license

16plates on the person's motor vehicle until the motor vehicle's registration is renewed.

17(c) Following revocation of a sponsor's sponsorship status, the department may not issue replacements

18or duplicates of generic specialty license plates affiliated with that sponsor."

19

20Section 11. Section 61-3-535, MCA, is amended to read:

21"61-3-535. Motor vehicle registration renewal -- reminder notice and renewal by mail. (1) The

22owner of a motor vehicle subject to renewal of registration under 61-3-312 may renew the registration of a motor

23vehicle by mail or by electronic methods when the value, age, length, weight, or other criteria used to determine

24the tax or fee for a particular type of motor vehicle are available to the department by electronic means.

25(2) Any mail renewal procedure developed by the department must may:

26(a) include a procedure to facilitate automated handling of mail renewal, including issuance of

27replacement plates when required by statute;

28(b) include a procedure to verify compliance with 61-6-301 using the system provided in 61-6-157; and

29or

30(c) provide for a written reminder notice by mail to the owner of a motor vehicle of the requirement to

1renew the vehicle's registration."

2

3Section 12. Section 61-4-203, MCA, is amended to read:

4"61-4-203. Administration. The department shall supervise and regulate all persons required by this

5 part to be licensed. In the supervision and regulation thereof the department may:

6(1) make investigations it considers necessary; and

7(2) conduct hearings and compel attendance of witnesses at the hearings pursuant to the Montana 8 Administrative Procedure Act; and

9(3) prescribe rules it determines necessary to carry out the provisions of this part."

10

11Section 13. Section 61-5-111, MCA, is amended to read:

12"61-5-111. Contents of driver's license, renewal, license expirations, grace period, and fees for

13licenses, permits, and endorsements -- notice of expiration. (1) (a) The department may appoint county

14treasurers and other qualified officers to act as its agents for the sale of driver's license receipts. The department

15shall adopt necessary rules governing sales. In areas in which the department provides driver licensing services

163 days or more a week, the department is responsible for sale of receipts and may appoint an agent to sell

17receipts.

18(b) The department may enter into an authorized agent agreement with the county treasurer of any

19county in which the department no longer maintains a driver examination station for the purpose of providing

20driver's license renewal services.

21(2) (a) The department, upon receipt of payment of the fees specified in this section, shall issue a driver's

22license to each qualifying applicant. The license must contain:

23(i) a full-face photograph of the licensee in the size and form prescribed by the department;

24(ii) a distinguishing number issued to the licensee;

25(iii) the full legal name, date of birth, Montana residence address unless the licensee requests use of the

26mailing address, and a brief description of the licensee;

27(iv) either the licensee's customary manual signature or a reproduction of the licensee's customary

28manual signature; and

29(v) if the applicant qualifies under subsection (7), indication of the applicant's status as a veteran.

30(b) The department may not use the licensee's social security number as the distinguishing number. A

1license is not valid until it is signed by the licensee.

2(3) (a) When a person applies for renewal of a driver's license, the department shall conduct a records 3 check in accordance with 61-5-110(1) to determine the applicant's eligibility status and shall test the applicant's

4 eyesight. The department may also require the applicant to submit to a knowledge and road or skills test if:

5(i) the renewal applicant has a physical or mental disability, limitation, or condition that impairs, or may 6 impair, the applicant's ability to exercise ordinary and reasonable control in the safe operation of a motor vehicle 7 on the highway; and

8(ii) the expired or expiring license does not include adaptive equipment or operational restrictions 9 appropriate to the applicant's functional abilities; or

10(iii) the applicant wants to remove or modify the restrictions stated on the expired or expiring license.

11(b) In the case of a commercial driver's license, the department shall, if the information was not provided

12in a prior licensing cycle, require the renewal applicant to provide the name of each jurisdiction in which the

13applicant was previously licensed to drive any type of motor vehicle during the 10-year period immediately

14preceding the date of the renewal application and may also require that the applicant successfully complete a

15written examination as required by federal regulations.

16(c) A person is considered to have applied for renewal of a Montana driver's license if the application

17is made within 6 months before or 3 months after the expiration of the person's license. Except as provided in

18subsection (3)(d), a person seeking to renew a driver's license shall appear in person at a Montana driver's

19examination station.

20(d) (i) Except as provided in subsections (3)(d)(iii) through (3)(d)(vi), a person may renew a driver's

21license by mail or online.

22(ii) An applicant who renews a driver's license by mail or online shall submit to the department an

23approved vision examination and a medical evaluation from a licensed physician, licensed physician assistant,

24or advanced practice registered nurse, as defined in 37-8-102, in addition to the fees required for renewal.

25(iii) If the department does not have a digitized photograph and signature record of the renewal applicant

26from the expiring license, then the renewal applicant shall apply in person.

27(iv) Except as provided in subsections (4)(b) and (4)(c), the term of a license renewed by mail or online

28is 8 years.

29(v) The department may not renew a license by mail or online if:

30(A) the records check conducted in accordance with 61-5-110(1) shows an ineligible license status for

1the applicant;

2(B) the applicant holds a commercial driver's license with a hazardous materials endorsement, the 3 retention of which requires additional testing and a security threat assessment under 49 CFR, part 1572;

4(C) the applicant seeks a change of address or a name change; or

5(D) the applicant's license:

6(I) has been expired for 3 months or longer; or

7(II) except as provided in subsection (3)(e), was renewed by mail or online at the time of the applicant's 8 previous renewal.

9(vi) If a license was issued to a foreign national whose presence in the United States is temporarily 10 authorized under federal law, the license may not be renewed by mail or online.

11(e) The spouse or a dependent of a renewal applicant who is stationed outside Montana on active

12military duty may renew the applicant's license by mail or online for one additional consecutive term following a

13renewal by mail or online.

14(f) The department shall mail a driver's license renewal notice no earlier than 90 days and no later than

1530 days prior to the expiration date of a driver's license. Except as provided in 61-3-119 and 61-5-115, the

16department shall mail the notice to the Montana mailing address shown on the driver's license.

17(4) (a) Except as provided in subsections (4)(b) through (4)(e), a license expires on the anniversary of

18the licensee's birthday 8 years or less after the date of issue or on the licensee's 75th birthday, whichever occurs

19first.

20(b) A license issued to a person who is 75 years of age or older expires on the anniversary of the

21licensee's birthday 4 years or less after the date of issue.

22(c) A license issued to a person who is under 21 years of age expires on the licensee's 21st birthday.

23(d) (i) Except as provided in subsection (4)(d)(ii), a commercial driver's license expires on the anniversary

24of the licensee's birthday 5 years or less after the date of issue.

25(ii) When a person obtains a Montana commercial driver's license with a hazardous materials

26endorsement after surrendering a comparable commercial driver's license with a hazardous materials

27endorsement from another licensing jurisdiction, the license expires on the anniversary of the licensee's birthday

285 years or less after the date of the issue of the surrendered license if, as reported in the commercial driver's

29license information system, a security threat assessment was performed on the person as a condition of issuance

30of the surrendered license.

1(e) A license issued to a person who is a foreign national whose presence in the United States is 2 temporarily authorized under federal law expires, as determined by the department, no later than the expiration 3 date of the official document issued to the person by the bureau of citizenship and immigration services of the 4 department of homeland security authorizing the person's presence in the United States.

5(f) The department may adopt rules to implement online driver's license renewal.

6(5) When the department issues a driver's license to a person under 18 years of age, the license must 7 be clearly marked with a notation that conveys the restrictions imposed under 61-5-133.

8(6) (a) Upon application for a driver's license or commercial driver's license and any combination of the

9 specified endorsements, the following fees must be paid:

10(i) driver's license, except a commercial driver's license -- $5 a year or fraction of a year;

11(ii) motorcycle endorsement -- 50 cents a year or fraction of a year;

12(iii) commercial driver's license:

13(A) interstate -- $10 a year or fraction of a year; or

14(B) intrastate -- $8.50 a year or fraction of a year.

15(b) A renewal notice for either a driver's license or a commercial driver's license is 50 cents.

16(7) (a) Upon receiving a request from a person whose status as a veteran has been verified by the

17department of military affairs pursuant to 10-2-1301 and upon receiving the information and fees required in this

18part, the department shall include the word "veteran" on the face of the license.

19(b) After a person's status as a veteran is denoted on a driver's license, the department may not require

20further documentation of that status from the holder of the license upon subsequent renewal or replacement."

22Section 14. Section 61-5-112, MCA, is amended to read:

23"61-5-112. Types and classes of commercial driver's licenses -- classification -- rulemaking --

24reciprocity Reciprocal agreements. (1) The department shall adopt rules that it considers necessary for the

25safety and welfare of the traveling public governing the classification of commercial driver's licenses and related

26endorsements and the examination of commercial driver's license applicants and renewal applicants. The rules

27must:

28(a) subject to the exceptions provided in this section, comport with the licensing standards and

29requirements of 49 CFR, part 383, the medical qualifications of 49 CFR, part 391, and the security threat

30assessment provisions of 49 CFR, part 1572;

1(b) allow for the issuance of a type 2 (intrastate only) commercial driver's license in accordance with 2 medical qualification and visual acuity standards prescribed by the department;

3(c) allow for the issuance of a type 2 commercial driver's license to a person who is 18 years of age or

4 older;

5(d) allow for issuance of a seasonal commercial driver's license based on standards established by the 6 department for the waiver of the knowledge and road or skills test for a qualified person employed in farm-related 7 service industries who has a good driving record and sufficient prior driving experience;

8(e) prescribe the operational and seasonal restrictions for a seasonal commercial driver's license;

9(f) prescribe the requirements for the medical statement that must be submitted in order for a person to 10 be qualified for a type 2 commercial driver's license;

11(g) prescribe the minimum standards for certification of a third-party commercial driver testing program

12and any test waiver under 61-5-118; and

13(h) allow for the issuance of a commercial learner's permit.

14(2) The department is authorized to enter into reciprocal agreements with adjacent states that would

15allow certain drivers of vehicles transporting farm products, farm machinery, or farm supplies within 150 miles

16of a farm to operate without a commercial driver's license because the vehicles are not considered commercial

17motor vehicles as provided in 61-1-101(9)(b)(ii)."

18

19Section 15. Section 61-5-118, MCA, is amended to read:

20"61-5-118. Third-party commercial driver testing program -- certification of testing programs and

21examiners -- rulemaking -- fees -- test waiver. (1) The department may contract with and certify the following

22as a third-party commercial driver testing program to administer the approved commercial driver skills test to a

23Montana commercial driver's license applicant:

24(a) any person, employer of commercial drivers, private driver training facility, or other private company;

25(b) a postsecondary institution as defined in 20-26-603;

26(c) a department, agency, or instrumentality of a local government of the state; or

27(d) a department, agency, or instrumentality of a tribal government of the state.

28(2) A certified third-party driver testing program shall administer the same skills test as would otherwise

29be administered by the department.

30(3) The department shall adopt rules governing the certification, operation, and monitoring of third-party

1testing programs. The rules must:

2(a) substantially comply with the licensing standards and requirements in 49 CFR, part 383, and the state

3 compliance standards in 49 CFR, part 384, including:

4(i) issuance of a commercial driver's license skills testing certificate to a certified program upon execution 5 of a third-party skills testing agreement;

6(ii) requiring that all third-party skills test examiners meet minimum qualifications, including passing 7 background checks paid for by the third-party testing program and successfully completing a formal skills test 8 examiner training course;

9(iii) providing examiner test limitations, minimum testing standards, and refresher training requirements;

10 and

11(iv) requiring recordkeeping and a detailed audit program that includes overt and covert test monitoring

12and onsite audits by state and federal personnel;

13(b) specifically address the requirements for certifying third-party commercial driver testing programs,

14including place of business, appropriate bond and liability insurance, and facilities requirements; and

15(c) specify minimum technology requirements for recordkeeping, scheduling applicants for the skills test,

16conducting the skills test, and electronically transferring skills test results to the department.

17(4)(3) The department may decertify a third-party commercial driver testing program for failure to comply

18with the department rules or federal regulations.

19(5)(4) The department may collect the following fees:

20(a) a fee of $5,000 to certify a third-party commercial driver testing program and a fee of $2,500 for

21certification renewal;

22(b) a fee of $500 to certify each third-party commercial driver examiner and a fee of $100 for certification

23renewal; and

24(c) a fee of $25 for each successfully completed skills test to be paid by the applicant.

25(6)(5) (a) A commercial driver's license applicant who is tested under the third-party commercial driver

26testing program must have passed the knowledge test required by 61-5-110 and complied with commercial

27driver's license department rules and federal regulations and must possess a valid Montana commercial learner's

28permit issued under 61-5-112.

29(b) The road test or the skills test required by 61-5-110 may be waived by the department for a

30commercial driver's license applicant upon certification of the applicant's successful completion of the road test

1or the skills test by:

2(i) a third-party commercial driver testing program certified under this section; or

3(ii) a third-party commercial driver examiner from a jurisdiction that has a comparable third-party 4 commercial driver testing program, as determined by the department."

5

6Section 16. Section 61-5-123, MCA, is amended to read:

7"61-5-123. Waiver of skills test related to military commercial motor vehicles experience --

8rulemaking. (1) The department may waive the skills test required for a commercial driver's license if an applicant

9 meets the conditions in subsection (2) and is:

10(a) a veteran of the armed forces of the United States who was honorably discharged;

11(b) currently serving in the armed forces of the United States;

12(c) serving full-time in a reserve component, as defined in 37-1-138; or

13(d) honorably discharged from the reserve component after serving full-time in the reserve component.

14(2) An applicant shall:

15(a) certify that, during the 2-year period immediately prior to application, the applicant:

16(i) did not have more than one license except for a military license;

17(ii) did not have a license suspended, revoked, or canceled;

18(iii) was not convicted of a disqualifying offense as provided in 49 CFR 383.51(b);

19(iv) did not have more than one conviction for a serious traffic violation as provided in 49 CFR 383.51(c);

20and

21(v) did not have any conviction for a violation of military, state, or local law relating to motor vehicle traffic

22control other than a parking violation arising in connection with any traffic accident and has no record of an

23accident in which the applicant was at fault; and

24(b) provide evidence and certify that:

25(i) the military position in which the applicant served required regular operation over at least a 2-year

26period immediately prior to either discharge or application, as applicable, of a commercial motor vehicle

27representative of the class of motor vehicle for which the applicant is seeking a commercial driver's license; and

28(ii) the applicant was exempted under 49 CFR 383.3(c) from the requirements of this part when operating

29a commercial motor vehicle in the military.

30(3) The department shall adopt rules necessary for the administration of this section."

1

2Section 17. Section 61-5-232, MCA, is amended to read:

3"61-5-232. Restricted-use driving permit -- conditions -- definitions. (1) A person who, pursuant to 4 61-5-105(2), may not be issued a driver's license due to an ineligible status reported by another state to the 5 national driver register may petition the district court of the county in which the person resides for a restricted-use

6 driving permit for use only within the state of Montana if:

7(a) the person has maintained continuous residence in Montana for at least 5 years and is not otherwise 8 ineligible for a license under 61-5-105;

9(b) the person submits a certified driving record from the licensing agency of each state that has reported 10 the person's status as ineligible to the national driver register that shows that at least 5 years have elapsed from 11 the effective date of the most recent withdrawal of the person's driver's license or driving privileges by the other 12 state or states;

13(c) for the 5-year period immediately preceding application for a restricted-use driving permit, the person

14has not been convicted in any jurisdiction of a felony or misdemeanor offense;

15(d) the person certifies that no traffic citations or alcohol-related or drug-related criminal charges are

16currently pending against the person;

17(e) the person certifies that a good faith effort was made to resolve the person's ineligible status through

18the licensing agency of each state or states that reported the person's status as ineligible to the national driver

19register, including the payment of any pending fees or fines; and

20(f) the person provides any other information required by department rule.

21(2) The department may adopt rules to determine the process for issuance, withdrawal, and monitoring

22of a restricted-use driving permit. The department may issue a restricted-use driving permit only to a person who

23satisfies all of the requirements of this section as determined by a district court pursuant to subsection (1). A

24person who is issued a restricted-use driving permit may use it only for an essential driving purpose as defined

25by the department.

26(3) For purposes of this section, the following definitions apply:

27(a) "Most recent withdrawal" means the suspension, revocation, or denial of a driver's license or driving

28privilege underlying a current ineligible status report made by another state's licensing agency to the national

29driver register.

30(b) "National driver register" means the registry established under 49 U.S.C. 30302.

1(c) "Restricted-use driving permit" means a paper document authorizing a person to drive within this state 2 for essential driving purposes only and that is issued by the department to a person whose status on the national 3 driver register is reported as ineligible to operate a motor vehicle other than a commercial motor vehicle."

4

5Section 18. Section 61-11-102, MCA, is amended to read:

6"61-11-102. Records to be kept by department. (1) Except as provided in subsection (8), the 7 department shall create and maintain a central database of electronic files that includes an individual Montana

8 driving record for each person:

9(a) who has been issued a Montana driver's license;

10(b) who does not have a driver's license from, or active driving record in, another jurisdiction and for

11whom the department receives a report of conviction of a traffic violation or an offense requiring suspension or

12revocation of the person's driver's license; and

13(c) whose driver's license or driving privileges have been suspended, revoked, canceled, or otherwise

14withdrawn by the department.

15(2) An individual Montana driving record maintained under this section must include:

16(a) personal information obtained from the application for a driver's license or a report of conviction;

17(b) the person's driver's license number, license type, status, endorsements, restrictions, issue and

18expiration dates, and any suspensions, revocations, disqualifications, or cancellations that have been imposed

19against the person;

20(c) all convictions reported to the department for the person; and

21(d) traffic accidents in which the person was involved, except that a record of involvement in a traffic

22accident may not be entered on a licensee's record unless the licensee was convicted, as defined in 61-11-203,

23for an act causally related to the accident.

24(3) (a) The department shall create and maintain a CDLIS driver record for each person who has been

25issued a Montana commercial driver's license or for whom a record of conviction, disqualification, or other

26licensure action has been taken for violations of any state or local law relating to motor vehicle traffic regulation,

27other than a parking violation, committed while operating a commercial motor vehicle.

28(b) A CDLIS driver record maintained by the department must meet the requirements of 49 CFR 384.225.

29(c) If the department receives notice that a person has been disqualified by the federal motor carrier

30safety administration as an imminent hazard under 49 CFR 383.52, the department shall record the

1disqualification on the CDLIS driver record.

2(4) The department shall retain records created under this section for a period of time that meets or 3 exceeds the standards established under 49 CFR, part 384.

4(5) The department is further authorized, upon receiving a record of the conviction in this state of a 5 nonresident driver of a motor vehicle of any offense under the motor vehicle laws of this state, to forward, by 6 electronic or other means, a report of the conviction to the motor vehicle administrator in the state in which the 7 person is a resident or licensed.

8(6) The department may place on a computer storage device the information contained on original 9 records or reproductions of original records made pursuant to this section. Signatures on records are not required

10to be placed on a computer storage device.

11(7) (a) Except as provided in subsection (7)(b), a reproduction of the information placed on a computer

12storage device is an original of the record for all purposes and is admissible in evidence without further foundation

13in all courts or administrative agencies when the department certifies the record.

14(b) An order, record, or paper generated from the department's central database of electronic files of

15individual Montana driving records may be certified electronically by the generating computer. The certification

16must be a certification of the order, record, or paper as it appeared on a specific date.

17(c) A court, an office of a clerk of court, or an attorney licensed to practice law in this state may receive

18and use a computer-generated individual Montana driving record as evidence without further foundation when:

19(i) the individual Montana driving record is electronically transmitted from the department's central

20database of electronic individual Montana driving records to a department-authorized terminal device maintained

21by the court, the office of the clerk of court, or the attorney; and

22(ii) the judge, an officer of the court, or the attorney certifies that the record was not altered in any way.

23(8) (a) Except as provided in subsection (4), the department may destroy any individual Montana driving

24record maintained under this section if there are no suspensions or revocations on the record and there has been

25no renewed credential in the immediately preceding 16 years.

26(b) The department shall adopt rules governing the destruction of records."

27

28Section 19. Section 61-11-503, MCA, is amended to read:

29"61-11-503. Definitions. As used in this part, the following definitions apply:

30(1) "Disclose" means to engage in any practice or conduct that makes available or known, by means of

1any communication to another person, organization, or entity, personal information contained in a motor vehicle

2 record.

3(2) "Express consent" means an affirmative authorization given in writing by a person to whom personal 4 information pertains that specifically allows the department to release personal information to another person, 5 organization, or entity. Consent may be conveyed electronically if the conveyance includes an electronic 6 signature, as defined in 30-18-102, from the person to whom the personal information pertains.

7(3) "Highly restricted personal information" means an individual's photograph or image, social security 8 number, or medical or disability information.

9(4) "Motor vehicle record" means any record maintained by the department that pertains to a driver's 10 license, commercial driver's license, driving permit, motor vehicle title, motor vehicle registration, or identification 11 card issued by the department identification card, or title or registration for a motor vehicle, trailer, semitrailer, pole 12 trailer, camper, motorboat, personal watercraft, sailboat, snowmobile, or off-highway vehicle.

13(5) "Person" does not mean a state agency or local government entity.

14(6) (a) "Personal information" means information that identifies a person, including a person's name,

15address, telephone number, social security number, driver's license or identification number, date of birth,

16photograph or image, and medical or disability information.

17(b) The term does not include the five-digit zip code of an address, information on vehicular accidents,

18driving or equipment-related violations, a person's driver's license or vehicle registration status, or a vehicle's

19insurance status.

20(7) "Record" includes all books, papers, photographs, photostats, cards, film, tapes, recordings,

21electronic data, printouts, or other documentary materials, regardless of physical form or characteristics."

22

23Section 20. Section 61-12-502, MCA, is amended to read:

24"61-12-502. Rules for identification cards -- veteran Veteran designation. (1) The department shall

25formulate and adopt rules governing the issuance and cancellation of identification cards that comport with the

26proof of identity, residence, and authorized presence standards for a driver's license issued under Title 61,

27chapter 5.

28(2) The department shall include the word "veteran" on the face of an identification card if the

29requirements of 61-5-111(7) are met by the person applying for the identification card."

30

1Section 21. Section 61-13-103, MCA, is amended to read:

2"61-13-103. Seatbelt use required -- exceptions. (1) A driver may not operate a motor vehicle upon 3 a highway of the state of Montana unless each occupant of a designated seating position is wearing a properly 4 adjusted and fastened seatbelt or, if 61-9-420 applies, is properly restrained in a child safety restraint.

5(2) The provisions of this section do not apply to:

6(a) an occupant of a motor vehicle who possesses a written statement from a licensed physician, 7 licensed physician assistant, or advanced practice registered nurse, as defined in 37-8-102, that the occupant 8 is unable to wear a seatbelt for medical reasons;

9(b) an occupant of a motor vehicle in which all seatbelts are being used by other occupants;

10(c) an operator of a motorcycle or a motor-driven cycle;

11(d) an occupant of a vehicle licensed as special mobile equipment; or

12(e) an occupant who makes frequent stops with a motor vehicle during official job duties and who may

13be exempted by the department.

14(3) The department may adopt rules to implement subsection (2)(e).

15(4)(3) The department or its agent may not require a driver who may be in violation of this section to stop

16except:

17(a) upon reasonable cause to believe that the driver has violated another traffic regulation or that the

18driver's vehicle is unsafe or not equipped as required by law; or

19(b) if a person in the vehicle who is under 6 years of age and weighs less than 60 pounds is not properly

20restrained under 61-9-420 or this section."

21

22NEW SECTION. Section 22. Rulemaking authority -- vehicle services. (1) The department shall

23adopt rules for the registration of motor vehicles, including:

24(a) simultaneous registration of multiple motor vehicles that have common ownership;

25(b) verification of compliance with 61-6-301 before registering or renewing a registration of a vehicle or

26issuing new license plates required by 61-3-332(3);

27(c) devising a method to place license plates on the 5-year 10-YEAR reissuance cycle to minimize

28production peaks and valleys;

29(d) governing the renewal of registration pursuant to 61-3-312;

30(e)(D) early registration renewals when an owner of a motor vehicle presents extenuating circumstances;

1and

2(f)(E) automated mailing of license plates by the department or its authorized agent, including an agent 3 under contract with the department pursuant to 61-3-338.

4(2) The department shall adopt rules to procure compliance with all of the laws of the state regulating the 5 issuance of motor vehicle, trailer, semitrailer, or pole trailer licenses relating to the use and operation of motor 6 vehicles, trailers, semitrailers, or pole trailers before issuing the lettered license plates pursuant to 61-3-423.

7(3) The department may adopt rules to establish vehicle brands or carried-forward brands according to 8 61-3-202.

9(4) The department may adopt rules governing affidavit and bond for certificate of title pursuant to 10 61-3-208.

11(5) The department may adopt rules for the implementation and administration of temporary registration

12permits, pursuant to 61-3-224, including issuance to:

13(a) a Montana resident who acquires a new or used motor vehicle, trailer, semitrailer, pole trailer,

14motorboat, sailboat that is 12 feet or longer, snowmobile, or off-highway vehicle for operation of the vehicle or

15vessel prior to titling and registration of the vehicle or vessel under Title 61, chapter 3;

16(b) the owner of a salvage vehicle or a vehicle requiring a state-assigned vehicle identification number

17to move the vehicle to and from a designated inspection site prior to applying for a new certificate of title under

1861-3-107 or 61-3-212;

19(c) the owner of a motor vehicle, trailer, semitrailer, or pole trailer registered in this state for operation of

20the vehicle while awaiting production and receipt of special or duplicate license plates ordered for a vehicle under

21Title 61, chapter 3;

22(d) a nonresident of this state who acquires a motor vehicle, trailer, semitrailer, or pole trailer in this state

23for operation of the vehicle prior to its titling and registration under the laws of the nonresident's jurisdiction of

24residence;

25(e) a dealer licensed in another state who brings a motor vehicle or trailer designed and used to apply

26fertilizer to agricultural lands into the state for special demonstration in this state;

27(f) a financial institution located in Montana for a prospective purchaser to demonstrate a motor vehicle

28that the financial institution has obtained following repossession;

29(g) an insurer or its agent to move a motor vehicle or trailer to auction following acquisition of the vehicle

30by the insurer as a result of the settlement of an insurance claim;

1(h) a nonresident owner to temporarily operate a quadricycle or motorcycle designed for off-road 2 recreational use on the highways of this state when the quadricycle or motorcycle designed for off-road 3 recreational use is equipped for use on the highways as prescribed in Title 61, chapter 9, but the quadricycle or 4 motorcycle designated for off-road recreational use is not registered or is only registered for off-road use in the 5 nonresident's home state; or

6(i) a new owner of a motor vehicle, trailer, semitrailer, pole trailer, motorboat, sailboat that is 12 feet in 7 length or longer, snowmobile, or off-highway vehicle for which the new owner cannot, due to circumstances 8 beyond the new owner's control, surrender a previously assigned certification of title.

9(6) The department may adopt rules for the assessment and collection of registration fees on light 10 vehicles under 61-3-321 and 61-3-562, including the proration of fees under 61-3-520 and criteria for determining 11 the motor vehicle's age.

12(7) The department may adopt rules for imposing and collecting fees in lieu of tax, including:

13(a) the proration of fees in lieu of tax under 61-3-520 on buses, trucks having a manufacturer's rated

14capacity of more than 1 ton, and truck tractors;

15(b) criteria for determining the motor vehicle's age; and

16(c) criteria for determining the manufacturer's rated capacity.

17(8) The department may adopt rules, pursuant to Title 61, chapter 3, for the administration of fees for

18trailers, semitrailers, and pole trailers, including criteria for determining a trailer's age and weight.

19(9) The department shall adopt rules for generic specialty license plates issued pursuant to 61-3-472

20through 61-3-481, including:

21(a) the minimum and maximum number of characters that a generic specialty license plate may display;

22(b) the general placement of the sponsor's name, identifying phrase, and graphic; and

23(c) any specifications or limitations on the use or choice of color or detail in the sponsor's graphic design.

24(10) The department may adopt rules governing dealers pursuant to the provisions of Title 61, chapter

254, including:

26(a) the application and issuance of dealer licenses, including the qualifications of dealers, and the

27staggering of expiration dates pursuant to 61-4-101;

28(b) the issuance of dealer, demonstrator, courtesy, and transit plates pursuant to 61-4-102, 61-4-128

29through 61-4-130, 61-4-301, 61-4-307, and 61-4-308;

30(c) the application and process for renewing a dealer license pursuant to 61-4-124; and

1(d) governing the regulation of persons required to be licensed pursuant to Title 61, chapter 4, part 2.

2(11) The department may adopt rules governing new motor vehicle warranties remedies pursuant to Title 3 61, chapter 4, part 5.

4(12)(11) The department may adopt rules for local option tax appeals pursuant to 15-15-201.

5(13)(12) The department may adopt rules to implement any other provision of this title.

6

7NEW SECTION. Section 23. Rulemaking authority -- driver's licenses and identification cards.

8(1) The department may adopt rules to administer and enforce the provisions of Title 61, chapter 5.

9(2) The department may adopt rules governing acceptable methods of proof of identification, including 10 name, date of birth, and authorized presence, that an individual must submit when applying for a license or 11 identification card, including a new, renewal, or replacement license or identification card.

12(3) The department may adopt rules governing the determination of the driver's license expiration date,

13minimum and maximum license terms, and license renewal requirements for a driver's license issued to a person

14who is a foreign national whose presence in the United States is temporarily authorized under federal law.

15(4) The department shall adopt rules governing the calculation of grace periods for renewals and the

16calculation of other time periods established by statute or federal regulation.

17(5) The department may adopt rules governing the renewal of a driver's license by a person in the military

18assigned to active duty who had a valid Montana driver's license at the time of entering active duty.

19(6) The department shall adopt rules to set the standards for driver license examinations and

20reexaminations.

21(7) The department may adopt rules to set the standards for photographs, certifications, and signature

22requirements for the issuance of driver's licenses.

23(8) The department shall adopt rules establishing the functional abilities and skills required to exercise

24ordinary and reasonable control to safely operate a motor vehicle. The rules:

25(a) must include operational restrictions based on the driver's ability and skills;

26(b) may direct the design of one or more types of skills tests. A skills test may consist of:

27(i) a comprehensive assessment of a person's functional abilities by means of an actual demonstration

28of the applicant's ability to exercise ordinary and reasonable control in the safe operation of a motor vehicle; or

29(ii) a more limited assessment of a person's functional abilities, conducted at the discretion of the

30department, as related to a specific physical or mental condition or conditions or a request for reexamination.

1(c) must include appropriate licensing criteria relating to the use of adaptive equipment or operational 2 limits that can be readily discerned by law enforcement or a licensing agency in another jurisdiction.

3(9) The department shall adopt rules establishing vision requirements for a person to safely operate a

4 motor vehicle. The rules:

5(a) must include the minimum uncorrected or corrected visual acuity requirements for both unrestricted 6 and restricted licenses and operational restrictions based on the visual acuity of an applicant or licensee, 7 including the use of bioptic lenses; and

8(b) may include minimum field of vision and depth perception requirements for both unrestricted and 9 restricted licenses.

10(10) The rules in subsections (8) and (9):

11(a) may take into consideration any nationally recognized standards or recommended practices or

12standards of other jurisdictions for assessment of a person's functional abilities and skills;

13(b) may be derived from medical guidelines and information compiled by driver licensing medical advisory

14or review boards from other jurisdictions, as well as information received from advocacy groups for persons with

15disabilities and senior citizens; and

16(c) except as provided in 61-5-105, may not use a person's age or a person's physical or mental disability,

17limitation, or condition as a justification for the denial of a license.

18(11) The department shall adopt rules governing the issuance of a restricted learner license, including

19when the department may issue a restricted learner license to allow for a driver to practice driving skills.

20(12) The department shall adopt rules governing the issuance of a hardship license to a person who is

21at least 13 years of age and because of individual hardship needs a restricted driver's license, including a person

22who holds a learner license under 61-5-106. The department must consider, among other criteria, whether a

23hardship license is needed because the applicant's parent or guardian is not available to accompany the licensee,

24whether due to employment or circumstances related to the operation of a farm or ranch or because the parent

25or guardian does not hold a valid driver's license, and the licensee is required to drive to the licensee's school

26bus stop.

27(13) The department may adopt rules governing probationary licenses, including:

28(a) issuance to a person whose license has been suspended or revoked or whose license is subject to

29a discretionary suspension or revocation;

30(b) the establishment of restrictions placed on a probationary license;

1(c) the expiration of a probationary license;

2(d) the cancellation of a probationary license for violating the restrictions on the probationary license or 3 for another law violation; and

4(e) the issuance, withdrawal, and monitoring of a restricted-use driving permit issued under 61-5-232.

5(14) The department may adopt rules governing the requirements for a veteran designation on a driver's 6 license or identification card.

7(15) The department may adopt rules governing the issuance of a replacement driver's license.

8(16) The department may adopt rules governing the certification process for cooperative driver testing 9 program instructors.

10(17) The department may adopt rules for the implementation of online driver's license renewal.

11(18) The department shall adopt rules governing the issuance, renewal, and cancellation of identification

12cards that align with the proof of identity, residence, and authorized presence standards for a driver's license.

13(19) The department may adopt rules for determining moving violations.

14(20) The department may adopt rules for charging a fee for not appearing at a scheduled commercial

15skills test or motorcycle test and for the waiver of the fee for good cause shown.

16(21) The department may adopt rules governing the conditions under which an applicant is eligible to

17receive a driver's license or identification card by expedited service and to set the fee for expedited service.

18(22) The department may adopt rules to implement any other provision of this title.

19

20NEW SECTION. Section 24. Rulemaking authority -- commercial driver licensing. (1) The

21department shall adopt rules governing the classification of commercial driver's licenses and related

22endorsements and the examination of commercial driver's license applicants and renewal applicants that the

23department considers necessary for the safety and welfare of the traveling public. The rules must:

24(a) subject to the department's functional and vision requirements, conform to the licensing standards

25and requirements of 49 CFR, part 383, the medical qualification of 49 CFR, part 391, and the security threat

26assessment provisions of 49 CFR, part 1572;

27(b) allow for the issuance of an interstate commercial driver's license;

28(c) allow for the issuance of an intrastate-only commercial driver's license, including the establishment

29of medical qualification and visual acuity standards;

30(d) establish the requirement for the issuance of a seasonal commercial driver's license, including the

1waiver of the knowledge and skills test for a qualified person employed in a farm-related service industry;

2(e) establish the operational and seasonal restrictions for a seasonal commercial driver's license;

3(f) establish the requirements for the medical statement that must be submitted for a person to be 4 qualified for a commercial driver's license; and

5(g) allow for and establish the requirements for the issuance of a commercial learner's permit.

6(2) The department shall adopt rules governing the minimum standards for certification of a third-party 7 commercial driver testing program and any test waiver under 61-5-118 and governing the certification, operation,

8 and monitoring of third-party skills testing programs. The rules must:

9(a) substantially comply with the licensing standards and requirements of 49 CFR, part 383, and the state

10 compliance standards of 49 CFR, part 384, including:

11(i) issuance of a commercial driver's license skills testing certificate to a certified program upon execution

12of a third-party skills testing agreement;

13(ii) requiring that all third-party skills test examiners meet minimum qualifications, including passing

14background checks paid for by the third-party testing program and successfully completing a formal skills test

15examiner training course;

16(iii) providing examiner test limitations, minimum testing standards, and refresher training requirements;

17and

18(iv) requiring recordkeeping and a detailed audit program that includes overt and covert test monitoring

19and onsite audits by state and federal personnel;

20(b) specifically address the requirements for certifying third-party commercial driver testing programs,

21including place of business, appropriate bond and liability insurance, and facilities requirements; and

22(c) specify minimum technology requirements for recordkeeping, scheduling applicants for the skills test,

23conducting the skills test, and electronically transferring skills test results to the department.

24(3) The department shall adopt rules governing the waiver of knowledge and skills tests related to

25commercial vehicle operators with military experience.

26

27NEW SECTION. Section 25. Other rulemaking authority. (1) The department shall adopt rules to

28identify the entity or entities that may qualify for grants under 61-3-415 and to establish criteria that an entity must

29meet to receive grant funds.

30(2) The department may adopt rules for the application, certification, and determination of the ability of

1a self-insurer to pay any judgment under 61-6-143.

2(3) The department may adopt rules for individuals who are exempt from wearing seatbelts under 3 61-13-103.

4(4) The department shall adopt rules governing sales, including sales of receipts by county treasurers 5 and other authorized agents.

6(5) The department may adopt rules governing the cancellation of received services upon receipt of an 7 insufficient funds check in payment for a service.

8(6) The department may adopt rules for the implementation of the Montana Driver Privacy Protection Act,

9 including procedures for:

10(a) verifying the identity of a person requesting personal information;

11(b) maintaining records for release of personal information by the department or by any recipient under

12Title 61, chapter 11, part 5; and

13(c) providing for oversight of sale or disclosure of personal information to third parties.

14(7) The department may adopt rules for governing recordkeeping, including the destruction of records.

16NEW SECTION. Section 26. Repealer. The following sections of the Montana Code Annotated are

17repealed:

1861-3-315. Rules -- early renewal.

1961-3-506. Rules.

2061-4-532. Rulemaking.

2161-5-125. Authority of department -- rulemaking authority.

2261-11-516. Rulemaking.

23

24NEW SECTION. Section 27. Codification instruction. [Sections 21 through 25] are intended to be

25codified as an integral part of Title 61, and the provisions of Title 61 apply to [sections 21 through 25].

26

27COORDINATION SECTION. SECTION 28. COORDINATION INSTRUCTION. IF HOUSE BILL NO. 355 AND [THIS

28ACT] ARE PASSED AND APPROVED AND IF BOTH CONTAIN A SECTION THAT AMENDS SUBSECTION (8) OF 61-3-321, THEN

29SUBSECTION (8) OF 61-3-321 MUST BE AMENDED AS FOLLOWS:

30"(8) (a) (i) Except as provided in subsection subsections (8)(b), (8)(c), and (15), the one-time registration

1fee for motorcycles and quadricycles registered for use on the public highways is $53.25, the one-time registration

2 fee for motorcycles and quadricycles registered for off-highway use is $53.25, and the one-time registration fee 3 for motorcycles and quadricycles registered for both off-road use and for use on the public highways is $114.50.

4(b)(ii) An additional fee of $16 must be collected for the registration of each motorcycle or quadricycle 5 as a safety fee, which must be deposited in the state motorcycle safety account provided for in 20-25-1002.

6(b) (i) The annual registration fee for motorcycles and quadricycles registered for use on the public 7 highways under 61-3-701 is $44.

8(ii) The annual registration fee for motorcycles and quadricycles registered for off-highway use under 9 61-3-701 is $44.

10(iii) The annual registration fee for motorcycles and quadricycles registered for both off-road use and for

11use on the public highways under 61-3-701 is $88.

12(iv) An additional safety fee of $7 must be collected annually for each motorcycle or quadricycle

13registered under 61-3-701. The safety fee must be deposited in the state motorcycle safety account provided for

14in 20-25-1002.

15(c) Whenever a valid summer motorized recreation trail pass issued pursuant to [section 2 of House Bill

16No. 355] is affixed to a motorcycle or quadricycle, the one-time registration fee for motorcycles and quadricycles

17registered for:

18(i) use on public highways is $33.25; and

19(ii) both off-road use and for use on the public highways is $94.50."

20

21COORDINATION SECTION. SECTION 29. COORDINATION INSTRUCTION. IF HOUSE BILL NO. 412 AND [THIS

22ACT] ARE BOTH PASSED AND APPROVED AND IF HOUSE BILL NO. 412 AMENDS 61-3-315 AND [THIS ACT] REPEALS

2361-3-315, THEN [SECTION 22 OF THIS ACT] MUST BE AMENDED AS FOLLOWS:

24"NEW SECTION. Section 22. Rulemaking authority -- vehicle services. (1) The department shall

25adopt rules for the registration of motor vehicles, including:

26(a) simultaneous registration of multiple motor vehicles that have common ownership;

27(b) provision of notice of the text of 61-3-303(5)(c)(i) with the mail renewal notice from the department;

28(b)(C) verification of compliance with 61-6-301 before registering or renewing a registration of a vehicle

29or issuing new license plates required by 61-3-332(3);

30(c)(d) devising a method to place license plates on the 5-year reissuance cycle to minimize production

1peaks and valleys;

2(d)governing the renewal of registration pursuant to 61-3-312;

3(e)(e) early registration renewals when an owner of a motor vehicle presents extenuating circumstances;

4 and

5(f)(f) automated mailing of license plates by the department or its authorized agent, including an agent 6 under contract with the department pursuant to 61-3-338.

7(2) The department shall adopt rules to procure compliance with all of the laws of the state regulating the 8 issuance of motor vehicle, trailer, semitrailer, or pole trailer licenses relating to the use and operation of motor 9 vehicles, trailers, semitrailers, or pole trailers before issuing the lettered license plates pursuant to 61-3-423.

10(3) The department may adopt rules to establish vehicle brands or carried-forward brands according to

1161-3-202.

12(4) The department may adopt rules governing affidavit and bond for certificate of title pursuant to

1361-3-208.

14(5) The department may adopt rules for the implementation and administration of temporary registration

15permits, pursuant to 61-3-224, including issuance to:

16(a) a Montana resident who acquires a new or used motor vehicle, trailer, semitrailer, pole trailer,

17motorboat, sailboat that is 12 feet or longer, snowmobile, or off-highway vehicle for operation of the vehicle or

18vessel prior to titling and registration of the vehicle or vessel under Title 61, chapter 3;

19(b) the owner of a salvage vehicle or a vehicle requiring a state-assigned vehicle identification number

20to move the vehicle to and from a designated inspection site prior to applying for a new certificate of title under

2161-3-107 or 61-3-212;

22(c) the owner of a motor vehicle, trailer, semitrailer, or pole trailer registered in this state for operation

23of the vehicle while awaiting production and receipt of special or duplicate license plates ordered for a vehicle

24under Title 61, chapter 3;

25(d) a nonresident of this state who acquires a motor vehicle, trailer, semitrailer, or pole trailer in this state

26for operation of the vehicle prior to its titling and registration under the laws of the nonresident's jurisdiction of

27residence;

28(e) a dealer licensed in another state who brings a motor vehicle or trailer designed and used to apply

29fertilizer to agricultural lands into the state for special demonstration in this state;

30(f) a financial institution located in Montana for a prospective purchaser to demonstrate a motor vehicle

1that the financial institution has obtained following repossession;

2(g) an insurer or its agent to move a motor vehicle or trailer to auction following acquisition of the vehicle 3 by the insurer as a result of the settlement of an insurance claim;

4 (h) a nonresident owner to temporarily operate a quadricycle or motorcycle designed for off-road 5 recreational use on the highways of this state when the quadricycle or motorcycle designed for off-road 6 recreational use is equipped for use on the highways as prescribed in Title 61, chapter 9, but the quadricycle or 7 motorcycle designated for off-road recreational use is not registered or is only registered for off-road use in the 8 nonresident's home state; or

9(i) a new owner of a motor vehicle, trailer, semitrailer, pole trailer, motorboat, sailboat that is 12 feet in 10 length or longer, snowmobile, or off-highway vehicle for which the new owner cannot, due to circumstances 11 beyond the new owner's control, surrender a previously assigned certification of title.

12(6) The department may adopt rules for the assessment and collection of registration fees on light

13vehicles under 61-3-321 and 61-3-562, including the proration of fees under 61-3-520 and criteria for determining

14the motor vehicle's age.

15(7) The department may adopt rules for imposing and collecting fees in lieu of tax, including:

16(a) the proration of fees in lieu of tax under 61-3-520 on buses, trucks having a manufacturer's rated

17capacity of more than 1 ton, and truck tractors;

18(b) criteria for determining the motor vehicle's age; and

19(c) criteria for determining the manufacturer's rated capacity.

20(8) The department may adopt rules, pursuant to Title 61, chapter 3, for the administration of fees for

21trailers, semitrailers, and pole trailers, including criteria for determining a trailer's age and weight.

22(9) The department shall adopt rules for generic specialty license plates issued pursuant to 61-3-472

23through 61-3-481, including:

24(a) the minimum and maximum number of characters that a generic specialty license plate may display;

25(b) the general placement of the sponsor's name, identifying phrase, and graphic; and

26(c) any specifications or limitations on the use or choice of color or detail in the sponsor's graphic design.

27(10) The department may adopt rules governing dealers pursuant to the provisions of Title 61, chapter

284, including:

29(a) the application and issuance of dealer licenses, including the qualifications of dealers, and the

30staggering of expiration dates pursuant to 61-4-101;

1(b) the issuance of dealer, demonstrator, courtesy, and transit plates pursuant to 61-4-102, 61-4-128 2 through 61-4-130, 61-4-301, 61-4-307, and 61-4-308;

3(c) the application and process for renewing a dealer license pursuant to 61-4-124; and

4(d) governing the regulation of persons required to be licensed pursuant to Title 61, chapter 4, part 2.

5(11) The department may adopt rules governing new motor vehicle warranties remedies pursuant to Title 6 61, chapter 4, part 5.

7(12)(11) The department may adopt rules for local option tax appeals pursuant to 15-15-201.

8(13)(12) The department may adopt rules to implement any other provision of this title."

9

10COORDINATION SECTION. SECTION 30. COORDINATION INSTRUCTION. IF SENATE BILL NO. 65 AND [THIS

11ACT] ARE BOTH PASSED AND APPROVED AND IF SENATE BILL NO. 65 AMENDS 61-5-125 AND [THIS ACT] REPEALS

1261-5-125, THEN [SECTION 23 OF THIS ACT] MUST BE AMENDED AS FOLLOWS:

13"NEW SECTION. Section 23. Rulemaking authority -- driver's licenses and identification cards.

14(1) The department may adopt rules to administer and enforce the provisions of Title 61, chapter 5.

15(2) The department may adopt rules governing acceptable methods of proof of identification, including

16name, date of birth, and authorized presence, that an individual must submit when applying for a license or

17identification card, including a new, renewal, or replacement license or identification card.

18(3) The department may adopt rules governing the determination of the driver's license expiration date,

19minimum and maximum license terms, and license renewal requirements for a driver's license issued to a person

20who is a foreign national whose presence in the United States is temporarily authorized under federal law.

21(4) The department shall adopt rules governing the calculation of grace periods for renewals and the

22calculation of other time periods established by statute or federal regulation.

23(5) The department may adopt rules governing the renewal of a driver's license by a person in the military

24assigned to active duty who had a valid Montana driver's license at the time of entering active duty.

25(6) The department shall adopt rules to set the standards for driver license examinations and

26reexaminations.

27(7) The department may adopt rules to set the standards for photographs, certifications, and signature

28requirements for the issuance of driver's licenses.

29(8) The department shall adopt rules establishing the functional abilities and skills required to exercise

30ordinary and reasonable control to safely operate a motor vehicle. The rules:

1(a) must include operational restrictions based on the driver's ability and skills;

2(b) may direct the design of one or more types of skills tests. A skills test may consist of:

3(i) a comprehensive assessment of a person's functional abilities by means of an actual demonstration 4 of the applicant's ability to exercise ordinary and reasonable control in the safe operation of a motor vehicle; or

5(ii) a more limited assessment of a person's functional abilities, conducted at the discretion of the 6 department, as related to a specific physical or mental condition or conditions or a request for reexamination.

7(c) must include appropriate licensing criteria relating to the use of adaptive equipment or operational 8 limits that can be readily discerned by law enforcement or a licensing agency in another jurisdiction.

9(9) The department shall adopt rules establishing vision requirements for a person to safely operate a

10 motor vehicle. The rules:

11(a) must include the minimum uncorrected or corrected visual acuity requirements for both unrestricted

12and restricted licenses and operational restrictions based on the visual acuity of an applicant or licensee,

13including the use of bioptic lenses; and

14(b) may include minimum field of vision and depth perception requirements for both unrestricted and

15restricted licenses.

16(10) The rules in subsections (8) and (9):

17(a) may take into consideration any nationally recognized standards or recommended practices or

18standards of other jurisdictions for assessment of a person's functional abilities and skills;

19(b) may be derived from medical guidelines and information compiled by driver licensing medical advisory

20or review boards from other jurisdictions, as well as information received from advocacy groups for persons with

21disabilities and senior citizens; and

22(c) except as provided in 61-5-105, may not use a person's age or a person's physical or mental disability,

23limitation, or condition as a justification for the denial of a license.

24(11) The department shall adopt rules governing the issuance of a restricted learner license, including

25when the department may issue a restricted learner license to allow for a driver to practice driving skills.

26(12) The department shall adopt rules governing the issuance of a hardship license to a person who is

27at least 13 years of age and because of individual hardship needs a restricted driver's license, including a person

28who holds a learner license under 61-5-106. The department must consider, among other criteria, whether a

29hardship license is needed because the applicant's parent or guardian is not available to accompany the licensee,

30whether due to employment or circumstances related to the operation of a farm or ranch or because the parent

1or guardian does not hold a valid driver's license, and the licensee is required to drive to the licensee's school

2 bus stop.

3(13) The department may adopt rules governing probationary licenses, including:

4(a) issuance to a person whose license has been suspended or revoked or whose license is subject to 5 a discretionary suspension or revocation;

6(b) the establishment of restrictions and duration placed on a probationary license;

7(c) the expiration of a probationary license;

8(d) the cancellation of a probationary license for violating the restrictions on the probationary license or 9 for another law violation; and

10(d) issuance and cancellation of probationary or restricted driver licenses, including the requirements for

11issuing a probationary license when the person is convicted in an out-of-state jurisdiction;

12(e) the determination of the appropriate sanction to apply based on a conviction or administrative action,

13including the duration and requirements for restoration;

14(f) the procedures for the collection, distribution, and strict accountability of any funds received for fees

15collected for an implied consent refusal; and

16(e)(g) the issuance, withdrawal, and monitoring of a restricted-use driving permit issued under 61-5-232.

17(14) The department may adopt rules governing the requirements for a veteran designation on a driver's

18license or identification card.

19(15) The department may adopt rules governing the issuance of a replacement driver's license.

20(16) The department may adopt rules governing the certification process for cooperative driver testing

21program instructors.

22(17) The department may adopt rules for the implementation of online driver's license renewal.

23(18) The department shall adopt rules governing the issuance, renewal, and cancellation of identification

24cards that align with the proof of identity, residence, and authorized presence standards for a driver's license.

25(19) The department may adopt rules for determining moving violations.

26(20) The department may adopt rules for charging a fee for not appearing at a scheduled commercial

27skills test or motorcycle test and for the waiver of the fee for good cause shown.

28(21) The department may adopt rules governing the conditions under which an applicant is eligible to

29receive a driver's license or identification card by expedited service and to set the fee for expedited service.

30(22) The department may adopt rules to implement any other provision of this title."

1

2NEW SECTION. Section 31. Effective dates. (1) Except as provided in subsection (2), [this act] is 3 effective on passage and approval.

4(2) [Section 5(8)] is effective January 1, 2020.