23-2-804. Decal required -- fee -- disposition. (1) Except as provided in 23-2-802, an off-highway vehicle may not be operated by any person for off-road recreation on public lands in Montana unless there is displayed in a conspicuous place a decal, in a form prescribed by the department of justice and issued by the county treasurer, as visual proof that the following fees have been paid for the current year:
     (a) (i) the fee in lieu of tax provided for in 23-2-803; and
     (ii) the registration fee provided for in 23-2-817; or
     (b) when the vehicle will be used as provided in this section, the registration and taxation fees for motorcycles and quadricycles subject to licensure under 61-3-321, as evidenced by presentation of an owner's certificate of registration and payment receipt; and
     (c) the off-highway decal fee provided for in this section.
     (2) The decal will be serially numbered and have the expiration date of December 31 of the appropriate year printed thereon.
     (3) The off-highway decal fee is $5, which the county treasurer shall collect and transmit to the state treasurer, who shall deposit the money in an interest-bearing account in the state special revenue fund to the credit of the department of fish, wildlife, and parks. The decal fee and the interest and income to the account must be spent as follows:
     (a) 40% must be used to enforce the provisions of this section; and
     (b) 60% must be spent to develop and implement a comprehensive program and to plan appropriate off-highway vehicle recreation use except that:
     (i) no money may be spent for this purpose before January 1, 1991; and
     (ii) evaluation for development of a program plan must begin January 1, 1991.

     History: En. Sec. 4, Ch. 578, L. 1987; amd. Secs. 7, 16, Ch. 599, L. 1989; amd. Sec. 2, Ch. 423, L. 1991.