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:

(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 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 second year and is not transferable between a snowmobile, 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) A person renting a snowmobile registered pursuant to 61-3-321(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.