INTRODUCED BY T.
Gauthier
By Request of the Department of Fish, Wildlife, and Parks
A BILL FOR AN ACT ENTITLED: "AN ACT GENERALLY REVISING LAWS RELATED TO RECREATIONAL TRAIL PROGRAMS ADMINISTERED BY THE DEPARTMENT OF FISH, WILDLIFE, AND PARKS; EXPANDING USES OF, authorizing a match requirement for, and providing for disbursement of SUMMER MOTORIZED RECREATION TRAIL GRANT FUNDS; RENAMING THE SNOWMOBILE TRAIL PASS AS THE WINTER TRAIL PASS; REVISING WINTER TRAIL PASS PURCHASE REQUIREMENTS AND REVENUE DISTRIBUTION; AMENDING SECTIONS 23-2-113, 23-2-631, 23-2-634, 23-2-636, 23-2-641, 23-2-642, 61-3-321, AND 87-1-601, MCA; REPEALING SECTION 23-2-615, MCA; and PROVIDING AN immediate EFFECTIVE DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 23-2-113, MCA, is amended to read:
"23-2-113. 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 23-2-112 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; and
(c) to provide motorized safety and ethics education.
(2) The department may require an applicant to provide a 10% match in cash or donated services to be eligible to receive a grant.
(2)(3) In utilizing funds pursuant to this section, the department shall consider the recommendations of the state trails off-highway vehicle advisory committee established pursuant to 23 U.S.C. 206.
(3)(5) The department may adopt rules to implement the provisions of 23-2-110 through 23-2-113."
Section 2. Section 23-2-631, MCA, is amended to read:
"23-2-631. Operation on public roads, streets, and highways. (1) A person may not operate a snowmobile upon a controlled-access highway or facility at any time. Snowmobile operation is permitted on the roadway or shoulder of any public road or highway, state highway, county road, or city street located within the boundaries of any municipality only in the event that:
(a) the street, road, or highway is drifted or covered by snow to the extent that travel on the street, road, or highway by other motor vehicles is impractical or impossible;
(b) the operator has received permission or is otherwise authorized for that travel by the municipality in the case of town or city streets, the board of county commissioners for county roads, or the state highway patrol for all other highways; or
(c) operation has been authorized on municipal streets by a municipal ordinance.
(2) A snowmobile may make a direct crossing of a street or highway whenever the crossing is necessary to get to another authorized area of operation. The crossing must be made at an angle of approximately 90 degrees to the direction of traffic at a place where no obstruction prevents a quick and safe crossing. The snowmobile must make a complete stop before entering upon any part of the traffic way, and the operator shall yield the right-of-way to all oncoming traffic.
(3) A
snowmobile may not be operated upon a public street or highway when permitted
to do so by 23-2-601, 23-2-602, 23-2-611, 23-2-614 through
23-2-617, 23-2-621, 23-2-622, 23-2-631 through
23-2-635, and 23-2-641 through
23-2-644 this part unless equipped with at least one headlamp and one
taillamp, which must be lighted at all times during operation, and unless
equipped with a suitable braking device operable by either hand or foot.
(4) (a) Unless
operation is otherwise allowed under subsection (4)(b) or (4)(c), the operator
of a snowmobile who operates the snowmobile upon a public roadway, street, or
highway when allowed to do so under the provisions of 23-2-601, 23-2-602, 23-2-611, 23-2-614 through
23-2-617, 23-2-621, 23-2-622, 23-2-631 through
23-2-635, and 23-2-641 through
23-2-644 this part must have in possession a license to drive a motor
vehicle as required by the laws of the state of Montana.
(b) The
operator of a snowmobile may operate the snowmobile upon a public roadway,
street, or highway when allowed to do so under the provisions of 23-2-601, 23-2-602, 23-2-611, 23-2-614 through
23-2-617, 23-2-621, 23-2-622, 23-2-631 through
23-2-635, and 23-2-641 through
23-2-644 this part if the operator:
(i) has in possession a certificate showing the successful completion of a Montana-approved snowmobile safety education course; and
(ii) is in the physical presence and under the supervision of a person who is 18 years of age or older.
(c) An operator who crosses a street, road, or highway, who operates a snowmobile upon a street, road, or highway that is drifted or covered with snow to the extent that travel on the street, road, or highway by other motor vehicles is impractical or impossible, or who operates a snowmobile in any other areas of the state where operation is lawfully permitted is not required to apply for or possess a driver's license under the laws of the state of Montana."
Section 3. Section 23-2-634, MCA, is amended to read:
"23-2-634. Regulation of snowmobile noise. (1) Except as provided in this section, each snowmobile must be equipped at all times with noise-suppression devices, including an exhaust muffler in good working order and in constant operation. A snowmobile may not be modified by any person in any manner that will amplify or otherwise increase total noise emissions to a level greater than that emitted by the snowmobile as originally constructed, regardless of date of manufacture.
(2) Each person who owns or operates a snowmobile manufactured after June 30, 1972, but prior to June 30, 1975, shall maintain the machine in such a manner that it will not exceed a sound level limitation of 82 dbA measured at 50 feet.
(3) A snowmobile manufactured after June 30, 1975, except snowmobiles designated for competition purposes only, may not be sold or offered for sale unless that machine has been certified by the manufacturer as being able to conform to a sound level limitation of not more than 78 dbA measured at 50 feet. Each person who owns or operates a snowmobile manufactured after June 30, 1975, shall maintain the machine in a manner so that it will not exceed a sound level limitation of 78 dbA measured at 50 feet.
(4) A
manufacturer who certifies that a new snowmobile can comply with the noise
limitation requirements of 23-2-601, 23-2-602, 23-2-611, 23-2-614 through
23-2-617, 23-2-621, 23-2-622, 23-2-631 through
23-2-635, and 23-2-641 through
23-2-644 this part shall affix a permanent notice of that certification to
every snowmobile offered for sale in the state of Montana.
(5) In
certifying that a new snowmobile can comply with the noise limitation
requirements of 23-2-601, 23-2-602, 23-2-611, 23-2-614 through
23-2-617, 23-2-621, 23-2-622, 23-2-631 through
23-2-635, and 23-2-641 through
23-2-644 this part, a manufacturer shall make the certification based upon
measurements made in accordance with SAE recommended practice J192, as amended.
The department, in enforcing the provisions of this section, shall make
measurements of snowmobile noise in accordance with applicable practices used
by the international snowmobile manufacturers association or with other
standards for measurement of sound level that the department may adopt.
(6) This section does not apply to organized races or similar competitive events held on:
(a) private lands or waters, with the permission of the owner, lessee, or custodian of the land or waters; or
(b) public lands or waters, with the consent of the public agency having the authority to grant consent."
Section 4. Section 23-2-636, MCA, is amended to read:
"23-2-636. Snowmobile Winter 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
a dog sled or to 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 winter trail
pass for:
(a) $20, if the snowmobile or motorized equipment is registered in Montana pursuant to 61-3-321 or the person operating the dog sled or mechanical transport is a resident as determined under 1-1-215. A trail pass purchased pursuant to this subsection (1)(a) is valid for up to 2 years from the date of purchase but no later than June 30 of the second year.; or
(b) $35,
if the snowmobile or motorized equipment is exempt from registration in
Montana pursuant to 61-3-321 or the person operating the dog sled or
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) A trail pass purchased pursuant to this
subsection (1)(b) is valid for up to 1 year from the date of purchase but no later
than June 30 of the following year.
(2) The trail pass is valid for 2 years from the date of purchase and must be affixed in a conspicuous place to each snowmobile, dog sled, motorized equipment, or mechanical transport used. A trail pass expires on June 30 of the second year and is not transferable between a snowmobile, dog sled, motorized equipment, or mechanical transport. If a snowmobile is sold 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) The purchase of a trail pass is not required for:
(a) Aa person renting a snowmobile registered pursuant to 61-3-321(11)(c), is not required to purchase a snowmobile trail pass but the person shall carry proof of rental if operating a the snowmobile in a snowmobile area that otherwise requires a trail pass pursuant to subsection (1);
(b) a person participating in a sanctioned dog sled race; or
(c) motorized equipment exempt from registration in Montana pursuant to 61-3-321(14).
(5) Money Except for 50 cents, which is a search and rescue surcharge deposited pursuant to 87-1-601, 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$1.50 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 for the statewide snowmobile trail grooming program.
(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 5. Section 23-2-641, MCA, is amended to read:
"23-2-641. Enforcement. (1) With respect to the sale of any new snowmobile that
is subject to the provisions of 23-2-601, 23-2-602, 23-2-611, 23-2-614 through
23-2-617, 23-2-621, 23-2-622, 23-2-631 through
23-2-635, and 23-2-641 through
23-2-644 this part, the attorney general shall, upon the request of the
department, sue for the recovery of the penalties provided in 23-2-642 and
bring an action for a restraining order or temporary or permanent injunction
against a person who sells or offers to sell a new snowmobile that does not
satisfy the sound level limitations imposed by 23-2-601, 23-2-602, 23-2-611, 23-2-614
through 23-2-617, 23-2-621, 23-2-622, 23-2-631
through 23-2-635, and 23-2-641 through 23-2-644 this part.
(2) (a) The department is a criminal justice agency for the purpose of obtaining the technical assistance and support services provided by the board of crime control under the provisions of 44-7-101. Authorized officers of the department are granted peace officer status with the power:
(i) of search, seizure, and arrest;
(ii) to investigate activities in this state regulated by this part and rules of the department and the fish and wildlife commission; and
(iii) to report violations to the county attorney of the county in which they occur.
(b) Sheriffs and their deputies of the various counties of the state, the Montana highway patrol, authorized officers of the department, and the police of each municipality shall enforce the provisions of this part."
Section 6. Section 23-2-642, MCA, is amended to read:
"23-2-642. Penalties. (1) The failure to display a current registration decal on a snowmobile is a misdemeanor, punishable by a fine in an amount equal to five times the applicable registration fee payable under 61-3-321.
(2) A
person who violates any other provision of 23-2-601, 23-2-602, 23-2-611, 23-2-614 through
23-2-617, 23-2-621, 23-2-622, 23-2-631 through
23-2-635, and 23-2-641 through
23-2-644 this part or a rule adopted pursuant to those sections this part
shall pay a civil penalty of not less than $15 or more than $500 for each
separate violation. If the violation is willful, the person shall pay a civil
penalty of not less than $50 or more than $1,000 for each separate violation.
(3) A
manufacturer who certifies that a new snowmobile meets the sound level
limitations imposed by 23-2-601, 23-2-602, 23-2-611, 23-2-614 through
23-2-617, 23-2-621, 23-2-622, 23-2-631 through
23-2-635, and 23-2-641 through
23-2-644 this part is subject to the penalty provisions of subsection (2)
if the machine so certified does not meet the appropriate sound level
limitation. For the purposes of this section, each sale of a new snowmobile
that does not meet the sound level limitations imposed by 23-2-601, 23-2-602, 23-2-611, 23-2-614 through
23-2-617, 23-2-621, 23-2-622, 23-2-631 through
23-2-635, and 23-2-641 through
23-2-644 this part constitutes a separate violation."
Section 7. 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 -- definition. (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 subsections (3)(b) and (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) For a trailer, semitrailer, or pole trailer that is registered under 61-3-701, the annual registration fee based on the declared weight is as follows:
(i) if the declared weight is less than 6,000 pounds, $30; or
(ii) if the declared weight is 6,000 pounds or more, $60.
(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 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 23-2-111 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) (i) Except as provided in subsections (8)(b), (8)(c), and (15), the one-time registration fee for motorcycles and quadricycles registered for use on the public highways is $53.25, the one-time registration fee for motorcycles and quadricycles registered for off-highway use is $53.25, and the one-time registration fee for motorcycles and quadricycles registered for both off-road use and for use on the public highways is $114.50.
(ii) 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.
(b) (i) The annual registration fee for motorcycles and quadricycles registered for use on the public highways under 61-3-701 is $44.
(ii) The annual registration fee for motorcycles and quadricycles registered for off-highway use under 61-3-701 is $44.
(iii) The annual registration fee for motorcycles and quadricycles registered for both off-road use and for use on the public highways under 61-3-701 is $88.
(iv) An additional safety fee of $7 must be collected annually for each motorcycle or quadricycle registered under 61-3-701. The safety fee must be deposited in the state motorcycle safety account provided for in 20-25-1002.
(c) Whenever a valid summer motorized recreation trail pass issued pursuant to 23-2-111 is affixed to a motorcycle or quadricycle, the one-time registration fee for motorcycles and quadricycles registered for:
(i) use on the public highways is $33.25; and
(ii) both off-road use and for use on the public highways is $94.50.
(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
(c) for a motorboat, sailboat, or motorized pontoon 19 feet in length or longer, $295.50.
(11) (a) Except as provided in subsections (11)(b), (11)(c), and (15), the one-time registration fee for a snowmobile is $60.50.
(b) Whenever a valid snowmobile winter trail pass issued pursuant to 23-2-636 is affixed to a snowmobile, the one-time registration fee is $40.50.
(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 $9 must be collected for each light vehicle registered under this part. This fee must be accounted for and transmitted separately from the registration fee. Of the $9 fee:
(i) $6.74 must be deposited in the state special revenue account established in 23-1-105 and used for state parks;
(ii) 50 cents must be deposited in an account in the state special revenue fund to the credit of the department of fish, wildlife, and parks and used for fishing access sites;
(iii) $1.37 must be deposited in the trails and recreation facilities state special revenue account established in 23-2-108; and
(iv) 39 cents must be deposited in the Montana heritage preservation and development account established in 22-3-1004 and used 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 $9 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 $9 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 account established in 61-3-112.
(24) For the purposes of this section, "manufacturer's suggested retail price" means the price suggested by a manufacturer for each given type, style, or model of a light vehicle or motor home produced and first made available for retail sale by the manufacturer."
Section 8. Section 87-1-601, MCA, is amended to read:
"87-1-601. Use of fish and game money. (1) (a) Except as provided in 87-1-290, 87-1-293, 87-1-623, and subsections (8) and (10) of this section, all money collected or received from the sale of hunting and fishing licenses or permits, from the sale of seized game or hides, from damages collected for violations of the fish and game laws of this state, or from appropriations or received by the department from any other state source must be turned over to the department of revenue and placed in the state special revenue fund to the credit of the department.
(b) Any money received from federal sources must be deposited in the federal special revenue fund to the credit of the department.
(c) All interest earned on money from the following sources must be placed in the state special revenue fund to the credit of the department:
(i) the general license account;
(ii) the license drawing account;
(iii) accounts established to administer the provisions of 87-1-246, 87-1-258, 87-1-605, 87-2-411, 87-2-722, and 87-2-724; and
(iv) money received from the sale of any other hunting and fishing license.
(2) Except as provided in 87-2-411, the money described in subsection (1) must be exclusively set apart and made available for the payment of all salaries, per diem, fees, expenses, and expenditures authorized to be made by the department under the terms of this title. The money described in subsection (1) must be spent for those purposes by the department, subject to appropriation by the legislature.
(3) Any reference to the fish and game fund in Title 87 means fish and game money in the state special revenue fund and the federal special revenue fund.
(4) Except as provided in subsections (8) and (9), all money collected or received from fines and forfeited bonds, except money collected or received by a justice's court, that relates to violations of state fish and game laws under Title 87 must be deposited by the department of revenue and credited to the department in a state special revenue fund account for this purpose. Out of any fine imposed by a court for the violation of the fish and game laws, the costs of prosecution must be paid to the county where the trial was held in any case in which the fine is not imposed in addition to the costs of prosecution.
(5) (a) Except as provided in 87-1-621, section 2(3), Chapter 560, Laws of 2005, and subsection (6) of this section, money must be deposited in an account in the permanent fund if it is received by the department from:
(i) the sale of surplus real property;
(ii) exploration or development of oil, gas, or mineral deposits from lands acquired by the department, except royalties or other compensation based on production; and
(iii) leases of interests in department real property not contemplated at the time of acquisition.
(b) The interest derived from the account, but not the principal, may be used only for the purpose of operation, development, and maintenance of real property of the department and only upon appropriation by the legislature. If the use of money as set forth in this section would result in violation of applicable federal laws or state statutes specifically naming the department or money received by the department, then the use of this money must be limited in the manner, method, and amount to those uses that do not result in a violation.
(6) Money received from the sale or lease of lands acquired and managed for the purposes of Title 23, chapter 1, must be deposited in the state special revenue fund in the account established for miscellaneous funds received for state parks and may be used only for the purposes of Title 23, chapter 1.
(7) Money received from the collection of license drawing applications is subject to the deposit requirements of 17-6-105(6) unless the department has submitted and received approval for a modified deposit schedule pursuant to 17-6-105(8).
(8) Money collected or received from fines or forfeited bonds for the violation of 77-1-801, 77-1-806, or rules adopted under 77-1-804 must be deposited in the state general fund.
(9) The department of revenue shall deposit in the state general fund one-half of the money received from the fines imposed pursuant to Title 87, chapter 6.
(10) (a) The department shall deposit all money received from the search and rescue surcharge surcharges in 23-2-636 and 87-2-202 in a state special revenue account to the credit of the department for search and rescue purposes as provided for in 10-3-801.
(b) Upon certification by the department of reimbursement requests submitted by the department of military affairs for search and rescue missions involving persons engaged in hunting, fishing, or trapping, the department may transfer funds from the special revenue account to the search and rescue account provided for in 10-3-801 to reimburse counties for the costs of those missions as provided in 10-3-801.
(c) Using funds in the department's search and rescue account that are not already committed to reimbursement for search and rescue missions, the department may provide matching funds to the department of military affairs to reimburse counties for search and rescue training and equipment costs up to the proportion that the number of search and rescue missions involving persons engaged in hunting, fishing, or trapping bears to the statewide total of search and rescue missions.
(d) Any money deposited in the special revenue account is available for reimbursement of search and rescue missions and to provide matching funds to reimburse counties for search and rescue training and equipment costs."
Section 9. Repealer. The following section of the Montana Code Annotated is repealed:
23-2-615. Nonresident temporary-use snowmobile permits -- use of fees.
Section 10. Effective date. [This act] is effective on passage and approval.