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;

(c) proof of the motorized equipment's registration in Montana; and

(d) the applicant's name and permanent street address, as required in subsection (4)(a), and any other personal identification information, including but not limited to the applicant's phone number, may not be made public but may be used by other state agencies or the Montana university system for the sole purpose of gathering information for user studies that include usage criteria, trends, and growth.

(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 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 $60. All fines collected under this section must be transmitted to the department of revenue for deposit of $40 of each $60 fine in the state general fund and $20 of each $60 fine in the summer motorized recreation trail account provided for in 23-2-112.