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. 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) The applicant's name and permanent street address, as required in subsection (2)(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.

(c) 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.

(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 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 $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.