Montana HB0355

2019 Montana Legislature

HOUSE BILL NO. 355

INTRODUCED BY K. WHITE

AN ACT GENERALLY REVISING LAWS RELATED TO MOTORIZED RECREATION; ESTABLISHING THE SUMMER MOTORIZED RECREATION TRAIL GRANT PROGRAM; ESTABLISHING A SUMMER MOTORIZED RECREATION TRAIL PASS FOR RESIDENTS; ESTABLISHING THE SUMMER MOTORIZED RECREATION TRAIL PASS ACCOUNT; PROVIDING GRANTS; PROVIDING DEFINITIONS; PROVIDING RULEMAKING AUTHORITY; REVISING NONRESIDENT TEMPORARY-USE SNOWMOBILE PERMIT FEES; REVISING SNOWMOBILE TRAIL PASS FEES; REVISING NONRESIDENT TEMPORARY USE PERMIT FEES FOR OFF-HIGHWAY VEHICLES; ALLOWING DISCOUNTED REGISTRATION OF CERTAIN OFF-HIGHWAY VEHICLES, MOTORCYCLES, QUADRICYCLES, AND SNOWMOBILES; AND AMENDING SECTIONS 23-2-101, 23-2-102, 23-2-103, 23-2-615, 23-2-636, 23-2-814, AND 61-3-321, MCA.

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

Section 1. Definitions. For the purposes of this part, the following definitions apply:

(1) "Department" means the department of fish, wildlife, and parks.

(2) "Motorized equipment" means any motorized equipment authorized to be used on public lands by the land management agency with jurisdiction over those lands.

(3) "Summer motorized recreation trail" means a trail designated as open to motorized use and approved for inclusion in the summer motorized recreation trail grant program established in [section 4] by the land management agency with jurisdiction over the trail.

Section 2. Summer motorized recreation trail pass for residents -- fees -- penalties. (1) Except as provided in subsection (5) of this section, motorized equipment registered in Montana pursuant to 61-3-321 may not be operated on a summer motorized recreation trail unless a summer motorized recreation trail pass is affixed in a conspicuous place to the motorized equipment.

(2) The cost of a summer motorized recreation trail pass is $20. The trail pass is valid for 2 years and expires on December 31 of the second calendar year.

(3) The trail pass is not transferable. However, if motorized equipment is sold with an affixed trail pass, the trail pass may continue to be used by the purchaser until the pass expires.

(4) Application for the issuance of the trail pass must be made at locations and on forms prescribed by the department. The forms must include but are not limited to:

(a) the applicant's name and permanent address;

(b) a physical description of the motorized equipment; and

(5) A person renting motorized equipment registered pursuant to 61-3-321 is not required to purchase a trail pass but shall carry proof of rental if operating the motorized equipment on a summer motorized recreation trail.

(6) Money collected by payment of fees under this section must be used as follows:

(a) $2 must be remitted to the vendor who sold the trail pass if the vendor is not the department; and

(b) the remainder must be deposited in the summer motorized recreation trail account established in [section 3].

(7) The failure to affix the trail pass as required by this section or the making of false statements in obtaining the trail pass is a misdemeanor, punishable by a fine of not less than $25 or more than $100. All fines collected under this section must be transmitted to the department of revenue for deposit in the state general fund.

Section 3. Summer motorized recreation trail account. (1) There is a summer motorized recreation trail account in the state special revenue fund established in 17-2-102.

(2) Pursuant to [section 2], revenue collected from the sale of summer motorized recreation trail passes must be deposited in the account and used by the department pursuant to [section 4] and this subsection (2):

(a) up to 5% deposited in the account each year may be used by the department for administrative costs;

(b) $1 from each trail pass sold pursuant to [section 2] must be granted for mitigation and eradication of noxious weeds along summer motorized recreation trails; and

(3) Interest and income earned on the account and any unspent or unencumbered money in the account at the end of a fiscal year must remain in the account.

Section 4. Summer motorized recreation trail grant program -- rulemaking. (1) There is a summer motorized recreation trail grant program by which the department may grant funds deposited in the account established in [section 3] to private clubs and organizations for the following purposes:

(a) to mark or sign, maintain, and improve summer motorized recreation trails; and

(b) to mitigate and eradicate noxious weeds along summer motorized recreation trails.

(2) In utilizing funds pursuant to this section, the department shall consider the recommendations of the state trails advisory committee established pursuant to 23 U.S.C. 206.

(3) The department may adopt rules to implement the provisions of [sections 1 through 4].

Section 5. Section 23-2-101, MCA, is amended to read:

"23-2-101. Legislative findings -- purpose. Montana is uniquely endowed with scenic landscapes and areas rich in recreational value. This outdoor heritage enriches the lives of citizens, attracts new residents and businesses to the state, and is of major significance to the expanding tourist industry. It is the purpose of this part to give authority to the department of fish, wildlife, and parks to plan and develop outdoor recreational resources in the state,. which That authority shall permit permits receiving and expending funds, including federal grants, for this purpose."

Section 6. Section 23-2-102, MCA, is amended to read:

"23-2-102. Department of fish, wildlife, and parks to implement federal act. The department of fish, wildlife, and parks is hereby designated as the state agency to represent and act for the state for the purpose of implementing the Land and Water Conservation Fund Act of 1965."

Section 7. Section 23-2-103, MCA, is amended to read:

"23-2-103. Compliance with federal act authorized -- powers of department. The department of fish, wildlife, and parks shall do those things necessary to comply with the provisions of the Land and Water Conservation Fund Act of 1965. Among other things, the department of fish, wildlife, and parks may:

(1) prepare a comprehensive statewide outdoor recreational plan which shall that must contain an evaluation of the demand for and supply of outdoor recreational resources and facilities in Montana and a program for implementation of the plan;

(2) accept and administer moneys money paid by the secretary of the interior for approved projects;

(3) contract with other state agencies, cities, counties, and other political subdivisions of the state, private organizations, and agencies of the federal government;

(4) acquire, other than by eminent domain, and develop outdoor recreational areas and facilities and as well as land and waters and interests in land and waters for such areas and facilities;

(5) for the purpose of implementing the Land and Water Conservation Fund Act of 1965, coordinate its activities with and represent the interests of all agencies of state, city, county, and other governmental units with outdoor recreational responsibilities."

Section 8. Section 23-2-615, MCA, is amended to read:

"23-2-615. Nonresident temporary-use snowmobile permits -- use of fees. (1) The requirements for a nonresident temporary-use snowmobile permit are as follows:

(a) Application for the issuance of the permit must be made at locations and upon forms prescribed by the department. The forms must include but are not limited to:

(i) the applicant's name and permanent address; and

(ii) an affidavit declaring the nonresidency of the applicant.

(b) Upon submission of the application and a fee of $25 $35, of which 50 cents is a search and rescue surcharge, a nonresident temporary-use snowmobile sticker must be issued. The sticker must be permanently affixed in a conspicuous manner on the snowmobile.

(2) The temporary-use snowmobile permit is valid during the fiscal year in which it is issued.

(3) The temporary-use snowmobile permit is not proof of ownership, and a certificate of title may not be issued.

(4) (a) A nonresident temporary-use snowmobile permit is not required for a snowmobile that qualifies as a racing snowmobile under 23-2-622.

(b) A nonresident temporary-use snowmobile permit is not required for a snowmobile that will be used only on trails that are managed jointly by agreement between Montana and another state.

(5) Except as provided in subsection (1)(b), money collected by payment of fees under this section must be deposited in the state special revenue fund to the credit of the department and used as follows:

(a) $11 must be expended in areas that are impacted by nonresident snowmobile use to assist in offsetting snowmobile trail grooming costs;

(b) $2.50 must be used by the department for the enforcement of snowmobile laws pursuant to 23-2-641;

(d) $10 $20 must be used by the department for the statewide snowmobile trail grooming program.

(6) The failure to display the permit as required by this section or the making of false statements in obtaining the permit is a misdemeanor, punishable by a fine of not less than $25 or more than $100."

Section 9. Section 23-2-636, MCA, is amended to read:

"23-2-636. Snowmobile trail pass -- fees -- penalties. (1) Except for snowmobiles for which a nonresident temporary-use permit is purchased pursuant to 23-2-615 and except as provided in subsection (4), to be eligible to operate a snowmobile or use motorized equipment or mechanical transport in snowmobile areas groomed with a grant or funding assistance awarded by the department, a person shall first purchase a snowmobile trail pass for: $18

(a) $20, if the snowmobile or motorized equipment is registered in Montana pursuant to 61-3-321 or the person operating the mechanical transport is a resident as determined under 1-1-215; or

(b) $35, if the motorized equipment is exempt from registration in Montana pursuant to 61-3-321 or the person operating the mechanical transport is not a resident as determined under 1-1-215. This subsection (1)(b) does not apply to motorized equipment exempt from registration in Montana pursuant to 61-3-321(14).

(2) The trail pass is valid for 3 2 years from the date of purchase and must be affixed in a conspicuous place to each snowmobile, motorized equipment, or mechanical transport used. A trail pass expires on June 30 of the third second year and is not transferable between a snowmobile, motorized equipment, or mechanical transport. If a snowmobile is sold by a dealer with an affixed trail pass, the trail pass may continue to be used by the purchaser of the snowmobile until it expires.

(3) Application for the issuance of the trail pass must be made at locations and on forms prescribed by the department.

(4) A person renting a snowmobile registered pursuant to 61-3-321(11)(b)(11)(c) is not required to purchase a snowmobile trail pass but shall carry proof of rental if operating a snowmobile in a snowmobile area that otherwise requires a trail pass pursuant to subsection (1).

(5) Money collected by payment of fees under this section must be deposited in the state special revenue fund to the credit of the department and used as follows:

(a) $2 must be remitted to the vendor who sold the trail pass if the vendor is not the department;

(b) $1 must be used for the enforcement of snowmobile laws pursuant to this part; and

(c) the remainder must be used by the department to award grants or funding assistance to snowmobile area operators for the grooming of snowmobile areas.

(6) The failure to affix the trail pass as required by this section or the making of false statements in obtaining the trail pass is a misdemeanor, punishable by a fine of not less than $25 or more than $100.

(7) To be eligible for a snowmobile trail pass pursuant to this section, an all-terrain vehicle must have a wheel base of less than 50 inches in width and be equipped with tracks instead of wheels while operating on a groomed snowmobile trail administered by the department.

(8) For the purposes of this section:

(a) "motorized equipment" means any motorized equipment allowed by a snowmobile area operator; and

(b) "snowmobile" includes snowmobiles used for demonstration purposes by snowmobile dealers."

Section 10. Section 23-2-814, MCA, is amended to read:

"23-2-814. Nonresident temporary-use permits -- use of fees. (1) Except as provided in 23-2-802, an off-highway vehicle that is owned by a nonresident may not be operated by a person in Montana unless a nonresident temporary-use permit is obtained.

(2) The requirements pertaining to a nonresident temporary-use permit for an off-highway vehicle are as follows:

(a) Application for the issuance of the permit must be made at locations and upon on forms prescribed by the department of fish, wildlife, and parks. The forms must include but are not limited to:

(i) the applicant's name and permanent address;

(ii) the make, model, year, and serial number of the off-highway vehicle; and

(iii) an affidavit declaring the nonresidency of the applicant.

(b) Upon submission of the application and a fee of $27 $35, of which $1 $2 is a search and rescue surcharge, a nonresident off-highway vehicle temporary-use sticker must be issued. The sticker must be displayed in a conspicuous manner on the off-highway vehicle. The sticker is the temporary-use permit.

(3) The temporary-use permit is valid for the calendar year designated on the permit.

(4) The permit is not proof of ownership, and a certificate of title may not be issued.

(5) (a) Except as provided in subsection (5)(b), money collected by payment of fees under this section must be deposited in the state special revenue fund to the credit of the department of fish, wildlife, and parks and used as follows:

(i) $15 $27.50 must be expended to maintain off-highway vehicle trails;

(ii) $2.50 must be used by the department for enforcement of off-highway vehicle laws pursuant to 23-2-806;

(iii) $1 $2 must be remitted to the license agent who sold the nonresident temporary-use permit;

(iv) $6 must be used by the department for off-highway vehicle safety education; and

(v)(iv) $1.50 $1 must be used by the department to mitigate and eradicate noxious weeds along off-highway vehicle trails.

(b) The $1 $2 search and rescue surcharge must be deposited in the account established in 10-3-801 for use as provided in that section.

(6) Failure to display the permit as required by this section or making false statements in obtaining the permit is a misdemeanor and is punishable by a fine of not less than $25 or more than $100. All fines collected under this section must be transmitted to the department of revenue for deposit in the state general fund."

Section 11. Section 61-3-321, MCA, is amended to read:

"61-3-321. Registration fees of vehicles and vessels -- certain vehicles exempt from registration fees -- disposition of fees. (1) Except as otherwise provided in this section, registration fees must be paid upon registration or, if applicable, renewal of registration of motor vehicles, snowmobiles, watercraft, trailers, semitrailers, and pole trailers as provided in subsections (2) through (20).

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

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

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

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

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

(3) (a) Except as provided in subsection (15), the one-time registration fee based on the declared weight of a trailer, semitrailer, or pole trailer is as follows:

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

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

(b) If a trailer, semitrailer, or pole trailer is registered under 61-3-701, the fees required in subsection (3)(a) must be paid annually.

(4) Except as provided in subsection (15), the one-time registration fee for motor vehicles owned and operated solely as collector's items pursuant to 61-3-411, based on the weight of the vehicle, is as follows:

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

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

(5) (a) Except as provided in subsection subsections (5)(b) and (15), the one-time registration fee for off-highway vehicles other than a quadricycle or motorcycle is $61.25.

(b) Whenever a valid summer motorized recreation trail pass issued pursuant to [section 2] is affixed to an off-highway vehicle other than a quadricycle or motorcycle, the one-time registration fee is $41.25.

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

(7) (a) Except as provided in subsection (7)(c), the annual registration fee for a motor home, based on the age of the motor home, is as follows:

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

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

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

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

(b) The owner of a motor home that is 11 years old or older and that is subject to the registration fee under this section may permanently register the motor home upon payment of:

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

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

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

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

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

(8) (a) Except as provided in subsection subsections (8)(b) and (15), the one-time registration fee for motorcycles and quadricycles registered for:

(i) use on public highways is $53.25,; and the one-time registration fee for motorcycles and quadricycles registered for

(ii) both off-road use and for use on the public highways is $114.50.

(b) Whenever a valid summer motorized recreation trail pass issued pursuant to [section 2] is affixed to a motorcycle or quadricycle, the one-time registration fee for motorcycles and quadricycles registered for:

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

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

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

(9) Except as provided in subsection (15), the one-time registration fee for travel trailers, based on the length of the travel trailer, is as follows:

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

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

(10) Except as provided in subsection (15), the one-time registration fee for a motorboat, sailboat, personal watercraft, or motorized pontoon required to be numbered under 23-2-512 is as follows:

(a) for a personal watercraft or a motorboat, sailboat, or motorized pontoon less than 16 feet in length, $65.50;

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

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

(b) Whenever a valid snowmobile trail pass issued pursuant to [section 9] is affixed to a snowmobile, the one-time registration fee is $40.50.

(b)(c) (i) A snowmobile that is licensed by a Montana business and is owned exclusively for the purpose of daily rental to customers is assessed:

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

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

(ii) If the business reregisters the snowmobile for a third year, the snowmobile must be permanently registered and the business is assessed the registration fee imposed in subsection (11)(a).

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

(b) The one-time registration fee for a golf cart that is owned by a person who has or is applying for a low-speed restricted driver's license is $25.

(c) The one-time registration fee for golf carts authorized to operate on certain public streets and highways pursuant to 61-8-391 is $25. Upon receipt of the fee, the department shall issue the owner a decal, which must be displayed visibly on the golf cart.

(13) (a) Except as provided in subsection (13)(b), a fee of $10 must be collected when a new set of standard license plates, a new single standard license plate, or a replacement set of special license plates required under 61-3-332 is issued. The $10 fee imposed under this subsection does not apply when previously issued license plates are transferred under 61-3-335. All registration fees imposed under this section must be paid if the vehicle to which the plates are transferred is not currently registered.

(b) An additional fee of $15 must be collected if a vehicle owner elects to keep the same license plate number from license plates issued before January 1, 2010, when replacement of those plates is required under 61-3-332(3).

(c) The fees imposed in this subsection (13) must be deposited in the account established under 61-6-158, except that $2 of the fee imposed in subsection (13)(a) must be deposited in the state general fund.

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

(15) Whenever ownership of a trailer, semitrailer, pole trailer, off-highway vehicle, motorcycle, quadricycle, travel trailer, motor home, motorboat, sailboat, personal watercraft, motorized pontoon, snowmobile, motor vehicle owned and operated solely as a collector's item pursuant to 61-3-411, or low-speed electric vehicle is transferred, the new owner shall title and register the vehicle or vessel as required by this chapter and pay the fees imposed under this section.

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

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

(18) The fees imposed by subsections (2) through (12) are not required to be paid by a dealer for the enumerated vehicles or vessels that constitute inventory of the dealership.

(19) (a) Unless a person exercises the option in either subsection (19)(b) or (19)(c), an additional fee of $6 must be collected for each light vehicle registered under this part. This fee must be accounted for and transmitted separately from the registration fee. The fee must be deposited in an account in the state special revenue fund to be used for state parks, for fishing access sites, and for the operation of state-owned facilities. Of the $6 fee, the department of fish, wildlife, and parks shall use $5.37 for state parks [or as otherwise appropriated by the legislature], 25 cents for fishing access sites, and 38 cents for the operation of state-owned facilities at Virginia City and Nevada City.

(b) A person who registers a light vehicle may, at the time of annual registration, certify that the person does not intend to use the vehicle to visit state parks and fishing access sites and may make a written election not to pay the additional $6 fee provided for in subsection (19)(a). If a written election is made, the fee may not be collected.

(c) (i) A person who registers one or more light vehicles may, at the time of annual registration, certify that the person does not intend to use any of the vehicles to visit state parks and fishing access sites and may make a written election not to pay the additional $6 fee provided for in subsection (19)(a). If a written election is made, the fee may not be collected at any subsequent annual registration unless the person makes the written election to pay the additional fee on one or more of the light vehicles.

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

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

(21) (a) If a person exercises the option in subsection (21)(b), an additional fee of $5 must be collected for each light vehicle registered under this part. This fee must be accounted for and transmitted separately from the registration fee. The fee must be deposited in an account in the state special revenue fund. Funds in the account are statutorily appropriated, as provided in 17-7-502, to the department of transportation and must be allocated as provided in 60-3-309.

(b) A person who registers one or more light vehicles may, at the time of annual registration, make a written or electronic election to pay the additional $5 fee provided for in subsection (21)(a).

(22) This section does not apply to a motor vehicle, trailer, semitrailer, or pole trailer that is governed by 61-3-721.

(23) (a) The $800 and $825 amounts collected based on the manufacturer's suggested retail price in subsections (2) and (7) are exempt from the provisions of 15-1-122 and must be deposited in the motor vehicle division administration account established in 61-3-112.

(b) By August 15 of each year, beginning in the fiscal year beginning July 1, 2019, the department of justice shall deposit into the general fund an amount equal to the fiscal yearend balance minus 25% of the current fiscal year appropriation for the motor vehicle division administration account established in 61-3-112. (Bracketed language terminates June 30, 2019--sec. 21, Ch. 351, L. 2017.)"

Section 12. Codification instruction. [Sections 1 through 4] are intended to be codified as an integral part of Title 23, chapter 2, part 1, and the provisions of Title 23, chapter 2, part 1, apply to [sections 1 through 4].

- END -

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