Bill Summary – FastDemocracy

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68th Legislature 2023                                                                                            HB 333.1
                                                HOUSE BILL NO. 333
                         INTRODUCED BY G. OBLANDER, S. GIST, N. NICOL, T. SMITH
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  A BILL FOR AN ACT ENTITLED: “AN ACT GENERALLY REVISING MOTORIZED RECREATION LAWS;
  REQUIRING A TRAIL PASS APPLICANT'S STREET ADDRESS; INCREASING FINES FOR NOT
  FOLLOWING TRAIL PASS LAWS; PROVIDING THAT HALF OF FINES ARE TO BE DEPOSITED IN THE
  SUMMER MOTORIZED TRAIL RECREATION ACCOUNT; REVISING FEES FOR CERTAIN TRAILERS AND
  BOATS; INCREASING CERTAIN LICENSE PLATE FEES; AMENDING SECTIONS 23-2-111, 23-2-112, 23-2-
  636, 23-2-814, AND 61-3-321, MCA; AND PROVIDING A DELAYED EFFECTIVE DATE.”
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  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
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          Section 1. Section 23-2-111, MCA, is amended to read:
          "23-2-111.   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 street address;
          (b)      a physical description of the motorized equipment; and
          (c)      proof of the motorized equipment's registration in Montana.
          (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
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68th Legislature 2023                                                                                             HB 333.1
  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 23-2-112.
           (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 $40 or more than $100. All
  fines collected under this section must be transmitted to the department of revenue for deposit of half in the
  state general fund and half in the summer motorized recreation trail account provided for in 23-2-112."
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           Section 2. Section 23-2-112, MCA, is amended to read:
           "23-2-112.   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 23-2-111 and 23-2-814, half of the revenue collected from the sale of summer
  motorized recreation trail passes and nonresident temporary-use permits must be deposited in the account and
  used by the department pursuant to 23-2-113 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 23-2-111 must be granted for mitigation and
  eradication of noxious weeds along summer motorized recreation trails; and
           (c)     the remainder must be granted for designation, maintenance, and improvement of summer
  motorized recreation trails.
           (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."
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           Section 3. Section 23-2-636, MCA, is amended to read:
           "23-2-636.   Winter trail pass -- fees -- penalties. (1) Except as provided in subsection (4), to be
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68th Legislature 2023                                                                                            HB 333.1
  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 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.
          (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. 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 must be affixed in a conspicuous place to each snowmobile, dog sled, motorized
  equipment, or mechanical transport used. A trail pass 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)      a person renting a snowmobile registered pursuant to 61-3-321(11)(c), but the person shall
  carry proof of rental if operating 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)      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)      $1.50 must be used for the enforcement of snowmobile laws pursuant to this part; and
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68th Legislature 2023                                                                                              HB 333.1
          (c)       the remainder must be used by the department 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 $40 or more than $100.
          (7)       To be eligible for a 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."
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          Section 4. 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 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 street 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 $35, of which $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.
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68th Legislature 2023                                                                                             HB 333.1
           (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)      $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)    $2 must be remitted to the license agent who sold the nonresident temporary-use permit; and
           (iv)     $1 must be used by the department to mitigate and eradicate noxious weeds along off-highway
  vehicle trails.
           (b)      The $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 $40 or more than $100. All fines
  collected under this section must be transmitted to the department of revenue for deposit of half in the state
  general fund and half in the summer motorized recreation trail account provided for in 23-2-112."
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           Section 5. 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
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68th Legislature 2023                                                                                                HB 333.1
  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;
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68th Legislature 2023                                                                                               HB 333.1
          (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 qu