Mont. Code Ann. § 23-2-302 — MT Code / Title 23 / Chapter 2 / Part 3 / Section 23-2-302
23-2-302 Recreational use permitted -- limitations -- exceptions
Status: in_force

23-2-302 . Recreational use permitted -- limitations -- exceptions. (1) Except as provided in subsections (2) through (5), all surface waters that are capable of recreational use may be so used by the public without regard to the ownership of the land underlying the waters.

(2) The right of the public to make recreational use of surface waters does not include, without permission or contractual arrangement with the landowner:

(a) the operation of all-terrain vehicles or other motorized vehicles not primarily designed for operation upon the water;

(b) the recreational use of surface waters in a stock pond or other private impoundment fed by an intermittently flowing natural watercourse;

(c) the recreational use of waters while diverted away from a natural water body for beneficial use pursuant to Title 85, chapter 2, part 2 or 3, except for impoundments or diverted waters to which the owner has provided public access;

(d) big game hunting;

(e) overnight camping unless it is necessary for the enjoyment of the surface water and the campsite is not within sight of any occupied dwelling or the campsite is more than 500 yards from any occupied dwelling, whichever is less;

(f) the placement or creation of any permanent duck blind, boat moorage, or any other permanent object;

(g) the placement or creation of any seasonal object, such as a duck blind or boat moorage, unless necessary for the enjoyment of that particular surface water and unless the seasonal objects are placed out of sight of any occupied dwelling or more than 500 yards from any occupied dwelling, whichever is less;

(h) use of a streambed as a right-of-way for any purpose when water is not flowing in the streambed.

(3) The right of the public to make recreational use of class II waters does not include, without permission of the landowner:

(a) big game hunting;

(b) overnight camping;

(c) the placement or creation of any seasonal object; or

(d) other activities that are not primarily water-related pleasure activities as defined in 23-2-301 (10).

(4) The right of the public to make recreational use of surface waters does not grant any easement or right to the public to enter onto or cross private property in order to use those waters for recreational purposes.

(5) The commission shall adopt rules pursuant to 87-1-303 , in the interest of public health, public safety, or the protection of public and private property, governing recreational use of class I and class II waters. These rules must include the following:

(a) the establishment of procedures by which any person may request an order from the commission:

(i) limiting, restricting, or prohibiting the type, incidence, or extent of recreational use of a surface water; or

(ii) altering limitations, restrictions, or prohibitions on recreational use of a surface water imposed by the commission;

(b) provisions requiring the issuance of written findings and a decision whenever a request is made pursuant to the rules adopted under subsection (5)(a); and

(c) a procedure for the identification of streams within class II waters that are not capable of recreational use or are capable of limited recreational use, and a procedure to restrict the recreational use to the actual capacity of the water.

(6) The provisions of this section do not affect any rights of the public with respect to state-owned lands that are school trust lands or any rights of lessees of those lands.
Mont. Code Ann. § 23-5-612 — MT Code / Title 23 / Chapter 5 / Part 6 / Section 23-5-612
23-5-612 Machine permits -- fees
Status: in_force

23-5-612 . Machine permits -- fees. (1) The department, upon payment by the operator of the fee provided in subsection (2) and in conformance with rules adopted under this part, shall issue to the operator an annual permit for an approved video gambling machine.

(2) (a) The department shall charge an annual permit fee of $240 for each video gambling machine permit. The fee must be prorated on a quarterly basis but may not be prorated to allow a permit to expire before June 30. The department may not grant a refund if the video gambling machine ceases operation before the permit expires.

(b) If the person holding the gambling operator's license for the premises in which the machine is located changes during the first quarter of the permit year and the new operator has received an operator's license and if a machine transfer processing fee of $25 per machine is paid to the department, the permit remains valid for the remainder of the permit year.

(3) The department shall deposit $140 of the annual permit fee or for a prorated fee shall deposit $105 for three quarters, $70 for two quarters, and $35 for one quarter collected under subsection (2)(a) and 100% of the machine transfer processing fee collected under subsection (2)(b) in the state special revenue fund for purposes of administering this part and for other purposes provided by law. The balance of the fee collected under subsection (2)(a) must be returned on a quarterly basis to the local government jurisdiction in which the gambling machine is located. The local government portion of the fee is statutorily appropriated to the department, as provided in 17-7-502 , for deposit in the local government treasury.
Mont. Code Ann. § 23-7-201 — MT Code / Title 23 / Chapter 7 / Part 2 / Section 23-7-201
23-7-201 State lottery and sports wagering commission -- allocation -- composition -- compensation -- quorum
Status: in_force

23-7-201 . State lottery and sports wagering commission -- allocation -- composition -- compensation -- quorum. (1) There is a state lottery and sports wagering commission.

(2) The commission consists of five members, who shall reside in Montana, appointed by the governor.

(3) At least one commissioner must have 5 years of experience as a law enforcement officer. At least one commissioner must be an attorney admitted to the practice of law in Montana. At least one commissioner must be a certified public accountant licensed in Montana.

(4) After initial appointments, each commissioner must be appointed to a 4-year term of office, and the terms must be staggered.

(5) A commissioner may be removed by the governor for good cause. An office that for any reason becomes vacant must be filled within 30 days by the governor, and the commissioner filling the vacancy shall serve for the rest of the unexpired term.

(6) The commission shall elect one of its members as presiding officer.

(7) Three or more commissioners constitute a quorum to do business, and action may be taken by a majority of a quorum.

(8) Commissioners are entitled to compensation, to be paid out of the state lottery fund, as provided in 2-15-122 for each day in which they are engaged in the performance of their duties and are entitled to travel, meals, and lodging expenses, to be paid out of the state lottery fund, as provided for in Title 2, chapter 18, part 5.

(9) The commission is allocated to the department of administration for administrative purposes only as prescribed in 2-15-121 .
Mont. Code Ann. § 23-2-512 — MT Code / Title 23 / Chapter 2 / Part 5 / Section 23-2-512
23-2-512 Identifying number
Status: in_force

23-2-512 . Identifying number. (1) The owner of each motorboat, sailboat, or personal watercraft requiring numbering by this state shall file an application for number in the office of the county treasurer in the county where the motorboat, sailboat, or personal watercraft is owned, on forms prepared and furnished by the department of justice. The application must be signed by the owner of the motorboat, sailboat, or personal watercraft and be accompanied by the fee prescribed in 61-3-321 (10). Any alteration, change, or false statement contained in the application renders the certificate of number void. Upon receipt of the application in approved form, the county treasurer shall issue to the applicant a certificate of number prepared and furnished by the department of justice, stating the identifying number assigned to the motorboat, sailboat, or personal watercraft and the name and address of the owner. The identifying number must be displayed on the motorboat, sailboat, or personal watercraft.

(2) If the ownership of a motorboat, sailboat, or personal watercraft changes, a new application form with the certification fee must be filed within 40 days with the county treasurer and a new certificate of number assigned in the same manner as provided for in an original assignment of number.

(3) If an agency of the United States government has in force a comprehensive system of identification numbering for motorboats in the United States, the numbering system employed pursuant to this part by the department of justice must be in conformity.

(4) If ownership is transferred, the purchaser shall notify the county treasurer within 40 days of the acquisition of all or any part of the purchaser's interest, other than the creation of a security interest, in a motorboat, sailboat, or personal watercraft numbered in this state or of the loss, theft, destruction, or abandonment of the motorboat, sailboat, or personal watercraft. The transfer, loss, theft, destruction, or abandonment terminates the certificate of number for the motorboat, sailboat, or personal watercraft. Recovery from theft or transfer of a part interest that does not affect the owner's right to operate the motorboat, sailboat, or personal watercraft does not terminate the certificate of number.

(5) A holder of a certificate of number shall notify the county treasurer within a reasonable time if the holder's address no longer conforms to the address appearing on the certificate and shall furnish the county treasurer with the new address. The department of justice may provide by rule for the surrender of the certificate bearing the former address and its replacement with a certificate bearing the new address or the alteration of an outstanding certificate to show the new address of the holder.

(6) (a) (i) The identifying number assigned must be painted on or attached to each outboard side of the forward half of the motorboat, sailboat, or personal watercraft or, if there are no sides, at a corresponding location on both outboard sides of the foredeck of the motorboat, sailboat, or personal watercraft.

(ii) The identifying number assigned must read from left to right in Arabic numerals and block characters of good proportion at least 3 inches tall excluding border or trim of a color that contrasts with the color of the background and be so maintained as to be clearly visible and legible.

(iii) The identifying number may not be placed on the obscured underside of the flared bow where it cannot be easily seen from another vessel or ashore.

(iv) Numerals, letters, or devices other than those used in connection with the identifying number issued may not be placed in the proximity of the identifying number. Numerals, letters, or devices that might interfere with the ready identification of the motorboat, sailboat, or personal watercraft by its identifying number may not be carried in a manner that interferes with the motorboat's, sailboat's, or personal watercraft's identification.

(v) A number other than the identifying number assigned to a motorboat, sailboat, or personal watercraft or granted reciprocity under this part may not be painted, attached, or otherwise displayed on either side of the forward half of the motorboat, sailboat, or personal watercraft.

(vi) A registration decal must be placed next to the identifying number located on the left side of a motorboat, sailboat, or personal watercraft or, if there are no sides, at the corresponding location on the left outboard side of the foredeck of the motorboat, sailboat, or personal watercraft.

(b) The certificate of number must be pocket size and available to federal, state, or local law enforcement officers at all reasonable times for inspection on the motorboat, sailboat, or personal watercraft whenever the motorboat, sailboat, or personal watercraft is on waters of this state.

(c) Boat liveries are not required to have the certificate of number on board each motorboat, sailboat, or personal watercraft, but a rental agreement must be carried on board livery motorboats, sailboats, or personal watercraft in place of the certificate of number.

(7) An owner of a motorboat, sailboat, or personal watercraft shall within a reasonable time notify the department of justice, giving the motorboat's, sailboat's, or personal watercraft's identifying number and the owner's name if the motorboat, sailboat, or personal watercraft is transferred, lost, destroyed, or abandoned or within 60 days after a change of the state of principal use or if a motorboat becomes documented as a vessel of the United States.
Mont. Code Ann. § 23-1-116 — MT Code / Title 23 / Chapter 1 / Part 1 / Section 23-1-116
23-1-116 Primitive parks established
Status: in_force

23-1-116 . Primitive parks established. Because of their unique and primarily undeveloped character, the following state parks and management areas are designated as primitive parks and are subject to the provisions of 23-1-115 through 23-1-118 :

(1) Wild Horse Island state park;

(2) Big Pine management area;

(3) Sluice Boxes state park;

(4) Pirogue Island state park;

(5) Medicine Rocks state park;

(6) Council Grove state park;

(7) Beaverhead Rock state park;

(8) Tower Rock state park; and

(9) Madison Buffalo Jump state park.
Mont. Code Ann. § 23-1-123 — MT Code / Title 23 / Chapter 1 / Part 1 / Section 23-1-123
23-1-123 Use of exploding targets prohibited -- definition -- penalty
Status: in_force

23-1-123 . Use of exploding targets prohibited -- definition -- penalty. (1) The use of exploding targets on properties managed pursuant to this title is prohibited when the department of natural resources and conservation determines that fire danger is high, very high, or extreme.

(2) For the purposes of this section, "exploding targets" means commercial targets that explode when impacted by a high-velocity projectile or targets created by combining components, including but not limited to ammonium nitrate and aluminum powder, that explode when impacted by a high-velocity projectile.

(3) A person convicted of a violation of this section is guilty of a misdemeanor and shall be fined not more than $500 or be imprisoned in the county jail for not more than 6 months.
Mont. Code Ann. § 23-2-904 — MT Code / Title 23 / Chapter 2 / Part 9 / Section 23-2-904
23-2-904 Disturbance of cave life unlawful
Status: in_force

23-2-904 . Disturbance of cave life unlawful. A person may not purposely or knowingly remove, kill, harm, or otherwise interfere with cave life, except for health or safety reasons or when the act is a minimal disturbance or for removal of organisms for recognized scientific inquiry. Gates at the entrance or at any point within a cave must be of open construction to allow unimpeded passage of air, insects, bats, and other cave life.
Mont. Code Ann. § 23-4-201 — MT Code / Title 23 / Chapter 4 / Part 2 / Section 23-4-201
23-4-201 Licenses -- contracts
Status: in_force

23-4-201 . Licenses -- contracts. (1) (a) A person may not hold a race meet or conduct fantasy sports league wagering through a parimutuel facility, parimutuel network, or a simulcast parimutuel network conducting a fantasy sports league in this state without a valid license issued by the department under this chapter. A person applying for a license to hold a race meet under this chapter shall file with the department an application that must set forth the time, place, and number of days the license will continue and other information the board requires.

(b) A person may not conduct simulcast racing through a simulcast parimutuel network without having entered into a contract with the board.

(2) A person who participates in a race meet, except for a match bronc ride or a wild horse ride, must be licensed and charged an annual fee set by the board. The annual fee must be paid to the department and used for expenses of administering this chapter. Each person holding a license under this chapter shall comply with this chapter and with the rules adopted and orders issued by the board.

(3) A license may not be issued to a person who has failed to pay the fees, taxes, or money required under this chapter.

(4) An application to hold a race meet must be submitted to the department, and the board shall act on the application within 30 days. The board is the sole judge of whether the race meet may be licensed and the number of days the meet may continue.

(5) The board shall require that a fair board and an independent racing association conducting a race meet comply with the requirements of the rules adopted by the board before granting a license.

(6) A racing association consisting of a local fair board or an association approved by a local fair board may submit a contract proposal to the board to hold a simulcast race meet in a simulcast facility.

(7) An unexpired license held by a person who violates this chapter or who fails to pay to the department the sums required under this chapter is subject to cancellation and revocation by the board.

(8) A license to operate a parimutuel facility conducting fantasy sports league wagering may not be issued to an applicant unless the applicant is also licensed under Title 23, chapter 5.
Mont. Code Ann. § 23-2-534 — MT Code / Title 23 / Chapter 2 / Part 5 / Section 23-2-534
23-2-534 Funding of state recreational boating safety program -- certification of county programs -- administration by counties
Status: in_force

23-2-534 . Funding of state recreational boating safety program -- certification of county programs -- administration by counties. (1) The department may in its discretion use available state funds and federal matching funds to contract with counties to implement designated parts of the state recreational boating safety program. If a county accepts a grant, the county shall agree to implement a program that is certified by the department as fulfilling the requirements of the state recreational boating safety program.

(2) A county may allocate funds to the department for the recreational boating safety program. This money must be used by the department for contracts with counties for the recreational boating safety program.
Mont. Code Ann. § 23-2-653 — MT Code / Title 23 / Chapter 2 / Part 6 / Section 23-2-653
23-2-653 Snowmobile area operators -- duties
Status: in_force

23-2-653 . Snowmobile area operators -- duties. (1) Consistent with the duty of reasonable care owed by a snowmobile area operator to a snowmobiler, the person responsible for the maintenance of or operation of a snowmobile area shall mark all trail maintenance vehicles and furnish the vehicles with flashing or rotating lights that must be in operation whenever the vehicles are working or are in movement in the snowmobile area.

(2) The snowmobile area operator owes a duty of reasonable care, as required by 27-1-701 , to a snowmobiler except for the risks inherent in the sport of snowmobiling.

(3) Except as provided in this section, a snowmobile area operator has no duty to eliminate, alter, control, or lessen the risks inherent in the sport of snowmobiling.
Mont. Code Ann. § 23-5-129 — MT Code / Title 23 / Chapter 5 / Part 1 / Section 23-5-129
23-5-129 Route operator's license -- fees
Status: in_force

23-5-129 . Route operator's license -- fees. (1) It is a misdemeanor for a person to conduct business as a route operator without first obtaining a route operator's license from the department.

(2) Except as provided in subsection (6), the department shall charge an annual license fee of $1,000 for issuing or renewing a route operator's license. The department shall retain the fee for administrative purposes.

(3) A route operator's license expires June 30 of each year, and the license fee may not be prorated.

(4) Except as provided in subsection (6), the department may charge an additional, one-time license application processing fee to cover the actual cost of processing the original license. The department shall refund any amount of the application processing fee not needed to reimburse the department for actual costs or shall collect an amount sufficient to reimburse the department for actual costs not completely covered by the initial fee charged.

(5) The department shall retain for administrative purposes the license and application processing fees collected under this section.

(6) The department may waive the license fee provided for in subsection (2) if the applicant is licensed as a manufacturer or distributor and may waive the application processing fee provided for in subsection (4) if the applicant is licensed as a manufacturer, distributor, or operator.
Mont. Code Ann. § 23-2-617 — MT Code / Title 23 / Chapter 2 / Part 6 / Section 23-2-617
23-2-617 Duplicate decal
Status: in_force

23-2-617 . Duplicate decal. If a registration decal is lost, mutilated, or becomes illegible, the person to whom the registration decal was issued shall immediately make application for and may obtain a duplicate of the registration decal upon payment of a fee of $1 to the county treasurer.
Mont. Code Ann. § 23-5-424 — MT Code / Title 23 / Chapter 5 / Part 4 / Section 23-5-424
23-5-424 Manufacturer's license for electronic bingo or keno equipment -- license and processing fees
Status: in_force

23-5-424 . Manufacturer's license for electronic bingo or keno equipment -- license and processing fees. (1) A person may not assemble, produce, manufacture, or supply electronic equipment for use in conducting live bingo or keno games in this state without obtaining an annual manufacturer's license from the department.

(2) The department shall charge an annual license fee of $1,000 for issuing or renewing a manufacturer's license.

(3) A manufacturer's license expires June 30 of each year, and the license fee may not be prorated.

(4) In addition to the license fee provided for in subsection (2), the department may charge a one-time manufacturer's application fee to cover the actual cost of processing the original license. The department shall refund an overpayment or charge and collect an amount sufficient to reimburse the department for underpayment of actual costs.

(5) The department shall retain for administrative purposes the license and processing fees collected under this section.
Mont. Code Ann. § 23-4-106 — MT Code / Title 23 / Chapter 4 / Part 1 / Section 23-4-106
23-4-106 Executive secretary -- powers and duties -- staff -- prohibition on racing activities
Status: in_force

23-4-106 . Executive secretary -- powers and duties -- staff -- prohibition on racing activities. (1) The department shall appoint an executive secretary for the board.

(2) The executive secretary, in accordance with rules adopted by the board and the provisions of Title 2, chapter 2, and this chapter, shall:

(a) supervise race meets and activities of racing officials;

(b) hire all state racing officials for the department;

(c) inspect race facilities;

(d) prescribe the duties and salary of state stewards; and

(e) perform other duties as directed by the board.

(3) The executive secretary may, subject to the approval of the board, hire staff to assist in the performance of the executive secretary's duties.

(4) The executive secretary, a staff member, and any member of the executive secretary's or a staff member's immediate family are prohibited from owning, training, or having any interest in a racehorse or mule running on a Montana track or having any financial interest in any Montana racing association. A racing official hired by the department or approved by the board may not wager at a race meet at which the racing official presides.
Mont. Code Ann. § 23-1-121 — MT Code / Title 23 / Chapter 1 / Part 1 / Section 23-1-121
23-1-121 Park rangers -- qualifications -- powers and duties
Status: in_force

23-1-121 . Park rangers -- qualifications -- powers and duties. (1) The department is authorized to establish a corps of park rangers and to select and appoint park rangers who must be qualified by their experience, training, skill, and interest in the protection, conservation, and stewardship of the natural and cultural resources and parks administered by the department.

(2) Park rangers shall:

(a) enforce the laws of this state and the rules of the department and the board that provide for the protection, conservation, and stewardship of the natural and cultural resources in the state parks system;

(b) protect campers, picnickers, and other park users;

(c) keep the peace;

(d) supervise public use;

(e) maintain public order in all units of the state parks system; and

(f) perform all other duties prescribed by the department.
Mont. Code Ann. § 23-2-507 — MT Code / Title 23 / Chapter 2 / Part 5 / Section 23-2-507
23-2-507 Penalty
Status: in_force

23-2-507 . Penalty. (1) Violations of any section of this part, except 23-2-526 (3), unless otherwise specified, are a misdemeanor and shall be punishable by a fine of not less than $15 or more than $500 or by imprisonment for a term up to 6 months, or both. All fine and bond forfeitures, except those paid to a justice's court, must be transmitted to the department of revenue for deposit in the general fund.

(2) If 23-2-525 (4) is violated, 46-18-241 through 46-18-249 apply, except that the sentencing court shall order restitution and shall do so regardless of the court's disposition of the violator.
Mont. Code Ann. § 23-5-625 — MT Code / Title 23 / Chapter 5 / Part 6 / Section 23-5-625
23-5-625 Video gambling machine manufacturer -- license -- fees -- restrictions
Status: in_force

23-5-625 . Video gambling machine manufacturer -- license -- fees -- restrictions. (1) It is unlawful for any person to assemble, produce, test, or manufacture any video gambling machine or associated equipment for use or play in the state without having first been issued a video gambling machine manufacturer's license by the department. A licensed manufacturer may supply a video gambling machine only to another licensed manufacturer or to a licensed distributor, route operator, or operator.

(2) Except as provided in subsection (6), the department shall charge an annual license fee of $1,000 for the issuance or renewal of a video gambling machine manufacturer's license.

(3) Except as provided in subsection (6), the department may charge the applicant an additional, one-time video gambling machine manufacturer's license application processing fee. The application processing fee may not exceed the department's actual costs for processing an application.

(4) All video gambling machine manufacturer's licenses expire on June 30 of each year, and the license fee may not be prorated.

(5) The department shall retain the license and processing fees collected for purposes of administering this part, unless otherwise provided.

(6) The department may waive the license fee provided for in subsection (2) if the applicant is licensed as a distributor or route operator and may waive the application processing fee provided for in subsection (3) if the applicant is licensed as a distributor, route operator, or operator.
Mont. Code Ann. § 23-2-103 — MT Code / Title 23 / Chapter 2 / Part 1 / Section 23-2-103
23-2-103 Compliance with federal act authorized -- powers of department
Status: in_force

23-2-103 . Compliance with federal act authorized -- powers of department. The department shall do those things necessary to comply with the provisions of the Land and Water Conservation Fund Act of 1965. Among other things, the department may:

(1) prepare a comprehensive statewide outdoor recreational plan that must contain an evaluation of the demand for and supply of outdoor recreational resources and facilities in Montana and a program for implementation of the plan;

(2) accept and administer money paid by the secretary of the interior for approved projects;

(3) contract with other state agencies, cities, counties, and other political subdivisions of the state, private organizations, and agencies of the federal government;

(4) acquire, other than by eminent domain, and develop outdoor recreational areas and facilities as well as land and waters and interests in land and waters for such areas and facilities;

(5) for the purpose of implementing the Land and Water Conservation Fund Act of 1965, coordinate its activities with and represent the interests of all agencies of state, city, county, and other governmental units with outdoor recreational responsibilities.
Mont. Code Ann. § 23-1-108 — MT Code / Title 23 / Chapter 1 / Part 1 / Section 23-1-108
23-1-108 Acquisition of certain state parks, monuments, or historic sites
Status: in_force

23-1-108 . Acquisition of certain state parks, monuments, or historic sites. (1) Any person, association, or representative of a governing unit may submit a proposal for the acquisition of a site or area described in 23-1-102 from the income of the trust fund created in 15-35-108 to the department by July 1 of the year preceding the convening of a legislative session.

(2) The board shall present to the legislature by the 15th day of any legislative session a list of areas, sites, or objects that were proposed for purchase for use as state parks, state recreational areas, state monuments, or state historic sites with the money contained in the parks account.

(3) The legislature must appropriate funds from this account before any park, area, monument, or site may be purchased.
Mont. Code Ann. § 23-2-401 — MT Code / Title 23 / Chapter 2 / Part 4 / Section 23-2-401
23-2-401 Short title
Status: in_force

23-2-401 . Short title. This part may be cited as the "Smith River Management Act".
Mont. Code Ann. § 23-4-105 — MT Code / Title 23 / Chapter 4 / Part 1 / Section 23-4-105
23-4-105 Authority of board
Status: in_force

23-4-105 . Authority of board. (1) The board shall license and regulate racing, match bronc rides, and wild horse rides and review race meets held in this state under this chapter. All percentages withheld from amounts wagered, amounts set aside pursuant to 23-4-202 (4)(d), percentages collected pursuant to 23-4-204 (3), percentages collected pursuant to 23-4-302 (3) and (5)(b), and money collected pursuant to 23-4-304 (1)(a) and (1)(b) must be deposited in a state special revenue account and are statutorily appropriated to the board as provided in 17-7-502 . The board shall then distribute all funds collected under 23-4-202 (4)(d), 23-4-204 (3), 23-4-302 (3) and (5)(b), and 23-4-304 (1)(a) and (1)(b) to live race purses or for other purposes for the good of the existing horseracing industry. If the board decides to authorize new forms of racing, including new forms of simulcast racing, not currently authorized in Montana, the board shall do so after holding public hearings to determine the effects of these forms of racing on the existing saddle racing program in Montana. The board shall consider both the economic and safety impacts on the existing racing and breeding industry.

(2) Funds retained by the board in a state special revenue fund pursuant to 23-4-302 (1) and (4) are statutorily appropriated to the board as provided in 17-7-502 for the operation of a simulcast parimutuel network and for other purposes that the board considers appropriate for the good of the existing horseracing industry.
Mont. Code Ann. § 23-2-634 — MT Code / Title 23 / Chapter 2 / Part 6 / Section 23-2-634
23-2-634 Regulation of snowmobile noise
Status: in_force

23-2-634 . Regulation of snowmobile noise. (1) Except as provided in this section, each snowmobile must be equipped at all times with noise-suppression devices, including an exhaust muffler in good working order and in constant operation. A snowmobile may not be modified by any person in any manner that will amplify or otherwise increase total noise emissions to a level greater than that emitted by the snowmobile as originally constructed, regardless of date of manufacture.

(2) Each person who owns or operates a snowmobile manufactured after June 30, 1972, but prior to June 30, 1975, shall maintain the machine in such a manner that it will not exceed a sound level limitation of 82 dbA measured at 50 feet.

(3) A snowmobile manufactured after June 30, 1975, except snowmobiles designated for competition purposes only, may not be sold or offered for sale unless that machine has been certified by the manufacturer as being able to conform to a sound level limitation of not more than 78 dbA measured at 50 feet. Each person who owns or operates a snowmobile manufactured after June 30, 1975, shall maintain the machine in a manner so that it will not exceed a sound level limitation of 78 dbA measured at 50 feet.

(4) A manufacturer who certifies that a new snowmobile can comply with the noise limitation requirements of this part shall affix a permanent notice of that certification to every snowmobile offered for sale in the state of Montana.

(5) In certifying that a new snowmobile can comply with the noise limitation requirements of this part, a manufacturer shall make the certification based upon measurements made in accordance with SAE recommended practice J192, as amended. The department, in enforcing the provisions of this section, shall make measurements of snowmobile noise in accordance with applicable practices used by the international snowmobile manufacturers association or with other standards for measurement of sound level that the department may adopt.

(6) This section does not apply to organized races or similar competitive events held on:

(a) private lands or waters, with the permission of the owner, lessee, or custodian of the land or waters; or

(b) public lands or waters, with the consent of the public agency having the authority to grant consent.
Mont. Code Ann. § 23-5-151 — MT Code / Title 23 / Chapter 5 / Part 1 / Section 23-5-151
23-5-151 Gambling prohibited
Status: in_force

23-5-151 . Gambling prohibited. Except as specifically authorized by statute, all forms of public gambling, lotteries, and gift enterprises are prohibited.
Mont. Code Ann. § 23-7-102 — MT Code / Title 23 / Chapter 7 / Part 1 / Section 23-7-102
23-7-102 Purpose
Status: in_force

23-7-102 . Purpose. (1) The purpose of this chapter is to allow lottery games and sports wagering in which the player purchases from the state, through the administrators of the state lottery and sports wagering agency, a chance to win a prize. The state lottery and sports wagering agency may provide products sold only through an authorized device at a sales agent location licensed by the director.

(2) The administration and construction of this chapter must comply with Article III, section 9, of the Montana constitution, which mandates that all forms of gambling are prohibited unless authorized by acts of the legislature or by the people through initiative or referendum. Therefore, this chapter must be strictly construed to allow only those games that are within the scope of this section and within the definition of "lottery game" or "sports wagering".

(3) The state lottery may not:

(a) operate a slot machine or carry on any form of gambling prohibited by the laws of this state; or

(b) carry on any form of gambling permitted by the laws of this state except for a lottery game or sports wagering within the scope of this section and within the definition of "lottery game" or "sports wagering".
Mont. Code Ann. § 23-5-710 — MT Code / Title 23 / Chapter 5 / Part 7 / Section 23-5-710
23-5-710 Requirements for conducting casino nights
Status: in_force

23-5-710 . Requirements for conducting casino nights. A nonprofit organization that has obtained a permit under 23-5-706 shall conduct a casino night in compliance with the following conditions:

(1) (a) Except as provided in subsection (1)(b), a casino night may not last more than 12 consecutive hours.

(b) A casino night may be split into two separate, 6-consecutive hour sessions that may not be held on the same day but must be held in the same calendar year.

(2) The casino night must be managed and operated only by members of the nonprofit organization that was issued the permit under 23-5-706 . The members may not be compensated for their services.

(3) Only merchandise or cash may be awarded as prizes.

(4) Proceeds derived from the casino night, after payment of reasonable administrative expenses, may be used only for a civic, charitable, or educational purpose, and administrative expenses may not exceed 50% of the proceeds.

(5) If cash prizes are awarded, the prizes for bingo and keno may not exceed the prize limits established in 23-5-412 . Live card games must be limited to those authorized in 23-5-311 , and the prizes may not exceed the prize amount established in 23-5-312 .

(6) A casino night may not include a card game tournament provided for in 23-5-317 .
Mont. Code Ann. § 23-2-814 — MT Code / Title 23 / Chapter 2 / Part 8 / Section 23-2-814
23-2-814 Nonresident temporary-use permits -- use of fees
Status: in_force

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 .
Mont. Code Ann. § 23-5-637 — MT Code / Title 23 / Chapter 5 / Part 6 / Section 23-5-637
23-5-637 Approved automated accounting and reporting systems
Status: in_force

23-5-637 . Approved automated accounting and reporting systems. (1) For the purposes of performing its duties under this chapter, minimizing regulatory costs, simplifying the reporting of video gambling machine revenue data, preserving the integrity of video gambling machines within its jurisdiction, lessening administrative and recordkeeping burdens for licensed machine owners and licensed operators and the department, and enhancing the management tools available to the industry and the state, the department may approve an automated accounting and reporting system for video gambling machines.

(2) Except as provided in subsection (6) or as provided in an agreement for multiple-game software, utilization of an approved automated accounting and reporting system is voluntary for licensed machine owners and licensed operators who hold a valid current license.

(3) An approved automated accounting and reporting system must provide for the recording and entry of video gambling machine permit and tax information and for the electronic transfer of funds through the use of web entry technology, the internet, or direct electronic communication with the department.

(4) (a) Information from an approved automated accounting and reporting system may be submitted electronically, manually, or in any other way considered appropriate by the department. Licensed gambling operators may choose which form of reporting occurs. A player rewards system may be used by any licensed gambling operator regardless of the type of automated accounting and reporting system used by the licensed gambling operator.

(b) For information submitted electronically, the approved automated accounting and reporting system data must be made available for access by the route operator, the licensed gambling operator, and the automated accounting and reporting system provider.

(5) A permit may not be issued for a video gambling machine manufactured after July 1, 2005, that is not manufactured in a manner specifically designed to comply with communications standards adopted by department rules.

(6) If a permitholder voluntarily utilizes an approved automated accounting and reporting system for one or more video gambling machines at a premises, all video gambling machines on the premises that utilize the approved system, including video gambling machines replacing video gambling machines that utilize the approved system, must continue to use the approved system as long as video gambling machines are operated on the premises.
Mont. Code Ann. § 23-5-412 — MT Code / Title 23 / Chapter 5 / Part 4 / Section 23-5-412
23-5-412 Card prices and prizes -- exception
Status: in_force

23-5-412 . Card prices and prizes -- exception. (1) Except as provided in subsection (2):

(a) the price for an individual keno card may not exceed 50 cents; and

(b) a prize may not exceed the value of $100 for each individual keno card.

(2) A variation of the game of keno, as approved by the department, in which a player selects three or more numbers and places a wager on various combinations of these numbers is permissible if:

(a) no more than 50 cents is wagered on each combination of numbers; and

(b) a winning combination does not pay more than $100.

(3) A player may give a keno caller a card with instructions on the card to play that card and its marked numbers for up to the number of successive games that the house allows and that the player has indicated on the card, upon payment of the price per game times the number of successive games indicated. The player shall remain on the house premises until the card is played or withdrawn. The caller shall keep the card until the end of the number of games indicated, and the department may by rule provide that at that time the caller shall pay the player any prizes won.

(4) A bingo session must last at least 2 consecutive hours or 20 or more consecutive bingo games. A bingo session may not begin less than 2 hours after the conclusion of a prior session conducted on the same premises.

(5) Except as provided in subsections (6), (7), and (9):

(a) the price for an individual bingo card may not exceed $1;

(b) a prize may not exceed the value of $800 for each individual bingo game, and total bingo prize payouts may not exceed $3,000 during a bingo session.

(6) A variation of the game of bingo, as approved by the department, in which prizes may be awarded for each winning bingo pattern on a card is permissible if:

(a) no more than 50 cents is wagered on each bingo pattern; and

(b) a winning pattern does not pay more than $100.

(7) Subject to the department's approval, an operator licensed to conduct live bingo games may conduct up to five special bingo sessions a year, in which a bingo prize may not exceed the value of $800 and the total bingo prize payouts may not exceed $5,000 during the special bingo session. At least 30 days must elapse between the conclusion of one special bingo session and the beginning of the next special bingo session. Before the start of a special bingo session, the operator shall submit to the department an application for a special bingo session event permit. The application must be accompanied by a $10 fee, which the department shall retain for administrative purposes. An exempt charitable organization under 23-5-406 that offers live bingo activities is not eligible for a special bingo session event permit.

(8) Any bingo card other than a standard card with 5 columns and 25 squares with 1 number appearing in each square or any card that allows the player to print numbers on the card must be approved by the department prior to being offered for play.

(9) An exempt charitable organization under 23-5-406 that conducts live bingo activities at a place other than its main premises or place of operations:

(a) is not limited to a maximum per-session prize payout limit;

(b) may not charge more than 50 cents for an individual bingo card; and

(c) may not award a bingo prize that exceeds $100 in value.

(10) If a licensed operator conducts a promotional game of chance involving bingo or keno, the value of the prize awarded as a result of the promotional game of chance may not exceed $100.

(11) It is unlawful to combine, in any manner, any bingo or keno games so as to increase the ultimate value of the prize. Bingo and keno prizes may be paid in either tangible personal property or cash or in any combination of tangible personal property and cash.
Mont. Code Ann. § 23-5-130 — MT Code / Title 23 / Chapter 5 / Part 1 / Section 23-5-130
23-5-130 Allowable compensation for route operator
Status: in_force

23-5-130 . Allowable compensation for route operator. The compensation that a licensed route operator may receive for leasing a video gambling machine to a licensed operator is limited to a set fee or a percentage of gross machine income, or both a set fee and percentage amount. The route operator may not assume responsibility for any expenses of the operator's business except for expenses associated with:

(1) paying video gambling machine permit fees and taxes;

(2) conducting video gambling machine promotional activities;

(3) maintaining and repairing video gambling machines;

(4) supplying funds to allow an operator to exchange a player's money for other coin or currency for operating a video gambling machine and to pay out prizes won by players;

(5) providing accounting and recordkeeping services for video gambling machines; and

(6) other activities, if allowed by department rule.
Mont. Code Ann. § 23-5-318 — MT Code / Title 23 / Chapter 5 / Part 3 / Section 23-5-318
23-5-318 Poker run defined -- authorization -- conditions
Status: in_force

23-5-318 . Poker run defined -- authorization -- conditions. (1) For the purposes of this section, "poker run" means a gambling activity involving a live poker card game conducted in the following manner:

(a) Each person pays valuable consideration to participate.

(b) A participant travels to designated locations and obtains a playing card at each location. Cards accumulated by the participant constitute a poker hand.

(c) After each participant has accumulated the required number of cards, the participants' poker hands are ranked as described in the poker run rules to determine the winner.

(2) It is lawful to conduct or participate in a poker run subject to the following conditions:

(a) Each participant must receive a copy of the rules for conducting the poker run before the poker run begins. The rules must include:

(i) the amount of the entry fee;

(ii) the type of poker game being played and ranking of poker hands;

(iii) the value of the prizes to be awarded;

(iv) a description of the locations where playing cards may be obtained; and

(v) the date and time during which the poker run will be conducted.

(b) The rules may provide for more than one winner of the ranked hands, with each winner receiving a prize, but a prize may not exceed $800 in value.

(c) Except as provided in subsection (2)(d), all consideration paid to participate in a poker run must be expended on the prize or prizes.

(d) If a poker run is conducted by a nonprofit organization, as defined in 23-5-112 , the organization may retain a portion of the total amount paid to participate.
Mont. Code Ann. § 23-5-222 — MT Code / Title 23 / Chapter 5 / Part 2 / Section 23-5-222
23-5-222 Calcutta pools authorized
Status: in_force

23-5-222 . Calcutta pools authorized. It is lawful to conduct or participate in a Calcutta pool as defined in 23-5-221 . An organization shall apply to the department on a form prescribed and furnished by the department for a Calcutta permit. The application must be accompanied by a fee of $25, which the department shall retain for administrative purposes.
Mont. Code Ann. § 23-4-304 — MT Code / Title 23 / Chapter 4 / Part 3 / Section 23-4-304
23-4-304 Gross receipts -- department's percentage -- collection and allocation
Status: in_force

23-4-304 . Gross receipts -- department's percentage -- collection and allocation. (1) (a) Each live race meet licensee shall pay to the department within 5 days following receipt by the licensee 1% of the gross receipts of each day's parimutuel betting at each race meet. At the end of each race meet the licensee shall prepare a report to the department showing the amount of the overpayments and underpayments. If the report shows the underpayments to be in excess of the overpayments, the balance must be paid to the department. Money paid to the department may be used for the expenses incurred in carrying out this chapter. The licensee shall, at the same time, pay to the department all funds collected under 23-4-202 (4)(d) on exotic wagering on races. These funds must be deposited in a state special revenue account. The board shall then distribute all funds collected under 23-4-202 (4)(d) to live race purses or for other purposes that the board considers appropriate for the good of the existing horseracing industry.

(b) Each licensed simulcast facility shall pay to the department either 1% of the gross receipts of each day's parimutuel betting at each race meet or the actual cost to the board of regulating the simulcast race meet, whichever is higher. The money must be paid to the department within 5 days after receipt of the money by the licensee. At the end of each race meet the licensed simulcast facility shall prepare a report to the department showing the amount of the overpayments and underpayments. If the report shows the underpayments to be in excess of the overpayments, the balance must be paid to the department. Money paid to the department must be deposited in an account in the state special revenue fund and must be used for the administration of this chapter. The licensed simulcast facility shall, at the same time, pay to the department all funds collected under 23-4-202 (4)(d) on exotic wagering on races. These funds must be deposited in a state special revenue account. The board shall then distribute all funds collected under 23-4-202 (4)(d) to live race purses or for other purposes that the board considers appropriate for the good of the existing horseracing industry.

(c) The licensed parimutuel network conducting fantasy sports league wagering shall pay the funds distributed pursuant to 23-4-302 (5)(b) to the department within 10 days after receipt of the money by the licensee.

(2) Prior to the beginning of the live racing season, funds collected under 23-4-202 (4)(d) must be distributed by the department, after first passing through a state special revenue account, to be used for race purses that are distributed to each live race meet by the board or for other purposes that the board considers appropriate for the good of the horseracing industry.
Mont. Code Ann. § 23-5-414 — MT Code / Title 23 / Chapter 5 / Part 4 / Section 23-5-414
23-5-414 Restrictions on bingo and keno
Status: in_force

23-5-414 . Restrictions on bingo and keno. In the playing of live bingo or keno, a person who is not physically present on the premises where the game is actually conducted may not be allowed to participate as a player in the game.
Mont. Code Ann. § 23-2-655 — MT Code / Title 23 / Chapter 2 / Part 6 / Section 23-2-655
23-2-655 Maintenance of rental snowmobiles
Status: in_force

23-2-655 . Maintenance of rental snowmobiles. A person who engages in the business of renting snowmobiles to another shall:

(1) maintain rental snowmobiles in a safe condition; and

(2) offer each renter instructions in the mechanical operation of the rental snowmobile.
Mont. Code Ann. § 23-2-522 — MT Code / Title 23 / Chapter 2 / Part 5 / Section 23-2-522
23-2-522 Discharge of waste from vessel prohibited
Status: in_force

23-2-522 . Discharge of waste from vessel prohibited. (1) A person may not discharge or cause, permit, or allow to be discharged any garbage, refuse, waste, or sewage from any vessel into, upon, or near the waters at a stream, river, or lake within the boundaries of the state of Montana.

(2) The department of environmental quality shall adopt rules to protect water quality and aquatic ecosystems by establishing guidelines for the installation of vessel pumpout facilities.

(3) In adopting the rules, the department shall use these definitions:

(a) "Marine sanitation device" means any equipment on board a vessel that is designed to receive, retain, treat, or discharge sewage and also means any process to treat the sewage.

(b) "Vessel terminal" means a private or public shoreside installation on any waters of Montana that provides mooring, docking, berthing, and other facilities for the use of vessels.

(4) The rules must include standards for the construction, operation, and maintenance of vessel pumpout facilities.

(5) This section may not be construed to require the department to install pumpout facilities without prior legislative approval and an appropriation.
Mont. Code Ann. § 23-1-202 — MT Code / Title 23 / Chapter 1 / Part 2 / Section 23-1-202
23-1-202 Rules governing use
Status: in_force

23-1-202 . Rules governing use. The department shall make such rules governing the park's use, occupancy, and the protection of the remaining lands of the grant as necessary to promote and continue the use of all of the lands for biological station purposes. The park itself shall be so maintained as to develop and encourage public interest in the scientific and biological resources of the area. Nothing herein contained prevents the use of the area within the park for biological station purposes whenever it becomes useful or necessary for such purposes.
Mont. Code Ann. § 23-5-810 — MT Code / Title 23 / Chapter 5 / Part 8 / Section 23-5-810
23-5-810 Violations
Status: in_force

23-5-810 . Violations. A person who purposely or knowingly violates or procures, aids, or abets in a violation of this part is guilty of a misdemeanor punishable under 23-5-161 .
Mont. Code Ann. § 23-2-824 — MT Code / Title 23 / Chapter 2 / Part 8 / Section 23-2-824
23-2-824 Operation on public roads, streets, and highways
Status: in_force

23-2-824 . Operation on public roads, streets, and highways. (1) A person may operate an off-highway vehicle on a controlled-access highway or facility only if the vehicle is registered and licensed under 61-3-301 and the operator possesses a license to drive the vehicle issued under Title 61, chapter 5.

(2) Off-highway vehicle operation is permitted on the roadway or shoulder of any public road or highway, state highway, county road, or city street located within the boundaries of any municipality only if:

(a) the operator has received permission or is otherwise authorized for that travel by the municipality in the case of town or city streets, the board of county commissioners for county roads, or the state highway patrol for all other highways; or

(b) operation is authorized on municipal streets by municipal ordinance.

(3) (a) Except as provided in subsection (3)(b), an off-highway vehicle may not be operated as allowed under subsection (2) unless it is equipped with at least one headlamp and one taillamp, which must be lighted at all times during operation, and unless it is equipped with a suitable braking device operable by either hand or foot.

(b) A motorcycle or quadricycle that is not subject to the provisions of Title 61, chapter 9, is exempt from the requirements in subsection (3)(a).

(4) (a) Except as provided in subsection (4)(b), a person who operates an off-highway vehicle when allowed under subsection (2) must have in the person's possession a license to drive a motor vehicle issued under Title 61, chapter 5.

(b) An operator is exempt from the requirement to possess a license when operating an off-highway vehicle as allowed under subsection (2) if the person:

(i) is under 16 years of age but at least 12 years of age;

(ii) at the time of operation of the off-highway vehicle, has in the person's possession a certificate showing the successful completion of an off-highway vehicle safety education course approved by the department of fish, wildlife, and parks and is in the physical presence of a person who possesses a license to drive a motor vehicle; and

(iii) is operating a motorcycle or quadricycle that is not subject to the provisions of Title 61, chapter 9.

(5) A person under 12 years of age may operate a motorcycle or quadricycle on unpaved roads or highways if the person is accompanied by an adult and the motorcycle or quadricycle is operated in a reasonable and prudent manner. The provisions of 61-9-417 apply to the operation of a motorcycle or quadricycle under this subsection.
Mont. Code Ann. § 23-2-908 — MT Code / Title 23 / Chapter 2 / Part 9 / Section 23-2-908
23-2-908 Penalty
Status: in_force

23-2-908 . Penalty. A person convicted of violating any provision of this part is subject to a fine of not less than $500 or more than $2,000, imprisonment in the county jail for not more than 60 days, or both.
Mont. Code Ann. § 23-1-103 — MT Code / Title 23 / Chapter 1 / Part 1 / Section 23-1-103
23-1-103 Acceptance of title to recreational and camping grounds by board of land commissioners
Status: in_force

23-1-103 . Acceptance of title to recreational and camping grounds by board of land commissioners. The state board of land commissioners may acquire and accept title in the name of the state of Montana by grant, dedication, gift, devise, donation, or demise to land suitable for public camping and public recreational use. The state board of land commissioners is hereby authorized to set aside any suitable tract or tracts of state lands for such purpose. Each of the aforesaid tracts of land shall be set aside and used exclusively for public camping and other recreational purposes, and each park created under the provisions of this section shall be given an appropriate name by the state board of land commissioners.
Mont. Code Ann. § 23-2-532 — MT Code / Title 23 / Chapter 2 / Part 5 / Section 23-2-532
23-2-532 Restrictions on manufacture and sale
Status: in_force

23-2-532 . Restrictions on manufacture and sale. A motorboat or vessel that fails to comply with the provisions of 23-2-521 (3) may not be manufactured in Montana after April 29, 1991, and may not be sold or offered for sale in Montana after January 1, 1994.
Mont. Code Ann. § 23-2-636 — MT Code / Title 23 / Chapter 2 / Part 6 / Section 23-2-636
23-2-636 Winter trail pass -- fees -- penalties
Status: in_force

23-2-636 . Winter trail pass -- fees -- penalties. (1) (a) Except as provided in subsection (4), to be 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:

(i) $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)(i) is valid for up to 2 years from the date of purchase but no later than June 30 of the second year.

(ii) $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)(a)(ii) is valid for up to 1 year from the date of purchase but no later than June 30 of the following year.

(b) In addition to the payment for a winter trail pass pursuant to subsection (1)(a), if the snowmobile or motorized equipment is operated as a rental from a rental business licensed in Montana, the renter shall pay a $5 trail enhancement rental fee to the rental vendor each time the snowmobile or motorized equipment is rented. The rental vendor must pay $5 to the department for each snowmobile or motorized equipment rented each month. The payment must be made by the first week of the month following the collection of the trail enhancement rental fee. The department shall distribute the trail enhancement rental fee as provided in subsection (5)(b).

(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) (a) 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 the applicant's name and permanent street address.

(b) The applicant's name and permanent street address, as required in subsection (3)(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.

(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) (a) Except for 50 cents, which is a search and rescue surcharge deposited pursuant to 87-1-601 , money collected from payment of fees under subsection (1)(a) must be deposited in the state special revenue fund to the credit of the department and used as follows:

(i) $2 must be remitted to the vendor who sold the trail pass if the vendor is not the department;

(ii) $1.50 must be used for the enforcement of snowmobile laws pursuant to this part; and

(iii) the remainder must be used by the department for the statewide snowmobile trail grooming program.

(b) Money collected from payment of the trail enhancement rental fee under subsection (1)(b) must be deposited in the state special revenue fund to the credit of the department and used as follows:

(i) 2% of the fee must be used by the department for the operation of the trail grooming program, including but not limited to repairs for grooming vehicles; and

(ii) the remainder must be distributed by the department to entities that groom and maintain trails in areas in which snowmobile or motorized vehicle rental entities operate.

(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 $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.
Mont. Code Ann. § 23-1-102 — MT Code / Title 23 / Chapter 1 / Part 1 / Section 23-1-102
23-1-102 Powers and duties of department
Status: in_force

23-1-102 . Powers and duties of department. (1) The department shall make a study to determine the scenic, historic, archaeologic, scientific, and recreational resources of the state. The department may:

(a) by purchase, lease, agreement, or acceptance of donations acquire for the state any areas, sites, or objects that in its opinion should be held, improved, and maintained as state parks, state recreational areas, state monuments, or state historic sites;

(b) with the consent of the board, acquire by condemnation, pursuant to Title 70, chapter 30, lands or structures for the purposes provided in 87-1-209 (2);

(c) with the consent of the board, enter into a contract pursuant to 18-4-313 (2)(e);

(d) accept in the name of the state, in fee or otherwise, any areas, sites, or objects conveyed, entrusted, donated, or devised to the state; and

(e) lease those portions of designated lands that are necessary for the proper administration of the lands in keeping with the basic purposes of this part.

(2) The department may accept gifts, grants, bequests, or contributions of money or other property to be spent or used for any of the purposes of this part.

(3) A contract, for any of the purposes of this part, may not be entered into or another obligation incurred until money has been appropriated by the legislature or is otherwise available. If the contract or obligation pertains to acquisition of areas or sites in excess of either 100 acres or $100,000 in value, the board of land commissioners shall specifically approve the acquisition.

(4) The department has jurisdiction, custody, and control of all state parks, recreational areas, public camping grounds, historic sites, and monuments, except wayside camps and other public conveniences acquired, improved, and maintained by the department of transportation and contiguous to the state highway system. The department may designate lands under its control as state parks, state historic sites, state monuments, or any other designation that it considers appropriate. The department may remove or change the designation of any area or portion of an area and may name or change the name of any area.
Mont. Code Ann. § 23-6-107 — MT Code / Title 23 / Chapter 6 / Part 1 / Section 23-6-107
23-6-107 Violations
Status: in_force

23-6-107 . Violations. A person who purposely or knowingly violates or procures, aids, or abets in a violation of 23-6-102 is punishable by a fine not to exceed $1,000 or by imprisonment in the county jail for a term not to exceed 6 months, or both.
Mont. Code Ann. § 23-6-105 — MT Code / Title 23 / Chapter 6 / Part 1 / Section 23-6-105
23-6-105 Authority to inspect
Status: in_force

23-6-105 . Authority to inspect. At any time during normal business hours, local law enforcement officers and department of justice employees may inspect any amusement game made available for public play by an operator, concessionaire, nonprofit organization, or arcade for compliance with 23-6-102 .
Mont. Code Ann. § 23-7-410 — MT Code / Title 23 / Chapter 7 / Part 4 / Section 23-7-410
23-7-410 Annual audit
Status: in_force

23-7-410 . Annual audit. The legislative auditor shall conduct or have conducted an annual audit of the state lottery. The costs of the audit must be paid out of the state lottery fund. A copy of the audit report must be delivered to the commission, the director, the governor, the president of the senate, the speaker of the house of representatives, and the legislature in accordance with 5-11-210 .
Mont. Code Ann. § 23-5-176 — MT Code / Title 23 / Chapter 5 / Part 1 / Section 23-5-176
23-5-176 Qualifications for licensure
Status: in_force

23-5-176 . Qualifications for licensure. (1) A person who the department determines is qualified to receive a license under the provisions of this chapter may, based on information available to, required by, or supplied to the department under department rules, be issued a state gambling license.

(2) Except as provided in subsection (4), the department shall issue a license unless the department can demonstrate that the applicant:

(a) is a person whose prior financial or other activities or criminal record:

(i) poses a threat to the public interest of the state;

(ii) poses a threat to the effective regulation and control of gambling; or

(iii) creates a danger of illegal practices, methods, or activities in the conduct of gambling or in the carrying on of the business and financial arrangements incidental to gambling;

(b) has been convicted of a felony offense within 5 years of the date of application or is on probation or parole or under deferred prosecution for committing a felony offense; or

(c) is receiving a substantial amount of financing for the proposed operation from an unsuitable source. A lender or other source of money or credit that the department finds to meet the provisions of subsection (2)(a) may be considered an unsuitable source.

(3) The provisions of 37-1-203 and 37-1-205 do not apply to licensing determinations made under this section.

(4) The department may deny a license or permit to an applicant who has falsified a license or permit application. If the falsification is determined after the license or permit has been issued, the department may revoke the license or permit.
Mont. Code Ann. § 23-2-514 — MT Code / Title 23 / Chapter 2 / Part 5 / Section 23-2-514
23-2-514 Exemption from numbering provisions
Status: in_force

23-2-514 . Exemption from numbering provisions. A motorboat or sailboat is not required to be numbered under this part if it is:

(1) covered by a number in effect that has been assigned to it pursuant to federal law or a federally approved numbering system of another state if the motorboat or sailboat has not been within this state for a period in excess of 90 consecutive days. After 90 consecutive days within this state, this state becomes the state of principal use of the motorboat or sailboat and the owner shall apply for a Montana number, certificate of number, and registration decal.

(2) a motorboat or sailboat from a country other than the United States temporarily using the waters of this state;

(3) a motorboat or sailboat whose owner is the United States, a state, or a subdivision of a state; or

(4) a ship's lifeboat.
Mont. Code Ann. § 23-7-210 — MT Code / Title 23 / Chapter 7 / Part 2 / Section 23-7-210
23-7-210 Director -- appointment -- qualifications
Status: in_force

23-7-210 . Director -- appointment -- qualifications. (1) The director must be appointed by the governor and shall hold office at the pleasure of the governor.

(2) The director must be qualified by training and experience to direct the state lottery, including sports wagering. The director must be a full-time employee and may not own or be employed by a gaming supplier or sales agent.
Mont. Code Ann. § 23-5-137 — MT Code / Title 23 / Chapter 5 / Part 1 / Section 23-5-137
23-5-137 Judicial review
Status: in_force

23-5-137 . Judicial review. (1) (a) A person aggrieved by a final order of the department may obtain a review of the order in district court by filing with the court, within 30 days after entry of the final order, a written petition requesting that the order be modified or set aside in whole or in part.

(b) A copy of the petition must be served upon the department at the same time. When the department receives the copy of the petition, it shall certify and file in court a copy of the filing, testimony, and other evidence upon which the final order was entered by the department. When these have been filed with the court, the court has exclusive jurisdiction to affirm, modify, enforce, or set aside the final order in whole or in part. A temporary cease and desist order from the department may remain in effect until a hearing has been held and a final order has been issued pursuant to 23-5-136 .

(2) (a) The review must be conducted by the district court without a jury and must be confined to the record. In a case of alleged irregularity in procedure before the department not shown in the record, proof may be taken by the court. The court, upon request, shall hear oral argument and receive written briefs.

(b) The court may not substitute its judgment for that of the department as to the weight of the evidence on questions of fact. The court may affirm the decision of the department or remand the case for further proceedings. The court may reverse or modify the decision if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are:

(i) in violation of a constitutional or statutory provision;

(ii) in excess of the statutory authority of the department;

(iii) made upon unlawful procedure;

(iv) affected by other error of law;

(v) clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record;

(vi) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion; or

(vii) inadequate because findings of fact, upon issues essential to the decision, were requested but not made.

(3) The commencement of proceedings under this section, unless specifically ordered by the court, may not operate as a stay of the department's final order.
Mont. Code Ann. § 23-2-808 — MT Code / Title 23 / Chapter 2 / Part 8 / Section 23-2-808
23-2-808 Regulation by local government precluded
Status: in_force

23-2-808 . Regulation by local government precluded. No political subdivision may prescribe further licensing or registration of off-highway vehicles, and no political subdivision may levy fees or charges for use or operation of off-highway vehicles within the subdivision.
Mont. Code Ann. § 23-5-426 — MT Code / Title 23 / Chapter 5 / Part 4 / Section 23-5-426
23-5-426 Electronic live bingo and keno equipment specifications -- rules
Status: in_force

23-5-426 . Electronic live bingo and keno equipment specifications -- rules. The department shall adopt rules describing electronic live bingo and keno equipment that may be approved under 23-5-425 . At a minimum, the rules must provide that the equipment use a random selection process to determine the outcome of each game.
Mont. Code Ann. § 23-5-408 — MT Code / Title 23 / Chapter 5 / Part 4 / Section 23-5-408
23-5-408 Hours of play -- restrictions
Status: in_force

23-5-408 . Hours of play -- restrictions. A live bingo or keno game must be closed for play between the hours of 2 a.m. and 8 a.m. of each day. However, in the jurisdiction of a local government where a game is played, the local government may adopt an ordinance allowing play between 2 a.m. and 8 a.m.
Mont. Code Ann. § 23-4-110 — MT Code / Title 23 / Chapter 4 / Part 1 / Section 23-4-110
23-4-110 Terminated
Status: in_force

23-4-110 . Terminated. Sec. 5, Ch. 232, L. 2019.
Mont. Code Ann. § 23-2-527 — MT Code / Title 23 / Chapter 2 / Part 5 / Section 23-2-527
23-2-527 Collisions, accidents, and casualties
Status: in_force

23-2-527 . Collisions, accidents, and casualties. (1) The operator of a vessel involved in a collision, accident, or other casualty, so far as the operator can do so without serious danger to the operator's own vessel, crew, and passengers, shall render to other persons affected by the collision, accident, or other casualty assistance that may be practicable and that may be necessary in order to save them from or minimize any danger caused by the collision, accident, or other casualty. The operator shall give the operator's name, address, and identification of the operator's vessel in writing to any person injured and to the owner or person in control of any property damaged in the collision, accident, or other casualty.

(2) The department shall prepare and distribute to each sheriff's office and each game warden of this state a standardized accident report form. A person involved in a collision, accident, or other casualty involving a death, disappearance, personal injury, or property damage in excess of $2,000 shall immediately report the collision, accident, or other casualty to the sheriff's office or game warden of the county in which the collision, accident, or casualty occurred and fill out a standardized accident report form.

(3) A sheriff advised of a collision, accident, or other casualty reported under this part shall:

(a) conduct an appropriate investigation of the collision, accident, or other casualty; and

(b) prepare and submit a report of the results of the investigation, together with the completed standardized accident report forms, to the department.
Mont. Code Ann. § 23-2-736 — MT Code / Title 23 / Chapter 2 / Part 7 / Section 23-2-736
23-2-736 Duties of skier
Status: in_force

23-2-736 . Duties of skier. (1) A skier has the duty to ski at all times in a manner that avoids injury to the skier and others and to be aware of the inherent dangers and risks of skiing.

(2) A skier:

(a) shall know the range of the skier's ability and safely ski within the limits of that ability and the skier's equipment so as to negotiate any section of terrain or ski slope and trail safely and without injury or damage. A skier shall know that the skier's ability may vary because of ski slope and trail changes caused by weather, grooming changes, or skier use.

(b) shall maintain control of speed and course so as to prevent injury to the skier or others;

(c) shall abide by the requirements of the skier responsibility code that is published by the national ski areas association and that is posted as provided in 23-2-733 ;

(d) shall obey all posted or other warnings and instructions of the ski area operator; and

(e) shall read the ski area trail map and must be aware of its contents.

(3) A person may not:

(a) place an object in the ski area or on the uphill track of a passenger ropeway that may cause a passenger or skier to fall;

(b) cross the track of a passenger ropeway except at a designated and approved point; or

(c) if involved in a skiing accident, depart from the scene of the accident without:

(i) leaving personal identification; or

(ii) notifying the proper authorities and obtaining assistance when the person knows that a person involved in the accident is in need of medical or other assistance.

(4) A skier shall accept all legal responsibility for injury or damage of any kind to the extent that the injury or damage results from inherent dangers and risks of skiing. Nothing in this part may be construed to limit a skier's right to hold another skier legally accountable for damages caused by the other skier.
Mont. Code Ann. § 23-5-616 — MT Code / Title 23 / Chapter 5 / Part 6 / Section 23-5-616
23-5-616 Removal of machine from public access
Status: in_force

23-5-616 . Removal of machine from public access. If a machine fails to meet the specifications and requirements of this part or any rule of the department which specification or requirement existed at the time the machine was approved at any time after its initial permit has been issued, the operator shall immediately remove the machine from public access until it meets all requirements.
Mont. Code Ann. § 23-2-611 — MT Code / Title 23 / Chapter 2 / Part 6 / Section 23-2-611
23-2-611 Certificate of title
Status: in_force

23-2-611 . Certificate of title. (1) A snowmobile may not be operated upon any private or public lands, trails, easements, lakes, rivers, streams, roadways or shoulders of roadways, streets, or highways unless a certificate of title has first been obtained from the department of justice in accordance with the laws of this state. A certificate of title is not required for a snowmobile purchased prior to April 16, 1993, if use of the snowmobile is restricted to private land.

(2) Unless expressly exempted, the provisions of Title 61, chapter 3, parts 1 and 2, apply to snowmobiles.
Mont. Code Ann. § 23-7-212 — MT Code / Title 23 / Chapter 7 / Part 2 / Section 23-7-212
23-7-212 Assistant director for security -- qualifications -- duties
Status: in_force

23-7-212 . Assistant director for security -- qualifications -- duties. (1) The director shall appoint an assistant director for security, who serves at the pleasure of the director.

(2) The assistant director for security must be qualified by training and experience, have at least 5 years of law enforcement experience, and be knowledgeable and experienced in computer security.

(3) The assistant director for security:

(a) must be responsible for a security division to ensure security, honesty, fairness, and integrity in the operation and administration of the state lottery, including but not limited to an examination of the background of all prospective employees, sales agents, lottery and sports wagering vendors, and contractors. The security division is designated a law enforcement agency for the purpose of administering this chapter.

(b) shall, in conjunction with the director, confer with the attorney general or the attorney general's designee to promote and ensure security, honesty, fairness, and integrity of the operation and administration of the state lottery and establish a memorandum of understanding that contemplates investigatory and regulatory collaboration and assistance between the department of justice and the state lottery as considered necessary by both parties; and

(c) shall, in conjunction with the director, report any alleged violation of law to the attorney general, the legislative auditor, and any other appropriate law enforcement authority for further investigation and action.
Mont. Code Ann. § 23-4-305 — MT Code / Title 23 / Chapter 4 / Part 3 / Section 23-4-305
23-4-305 Deposit of unclaimed money
Status: in_force

23-4-305 . Deposit of unclaimed money. Each licensee holding a race meet shall, within 30 days of the end of the meet, report to the board the total face value of all unclaimed winning tickets from each parimutuel pool. The money from unclaimed winning tickets must be retained by the licensee for capital improvement approved by the board.
Mont. Code Ann. § 23-2-633 — MT Code / Title 23 / Chapter 2 / Part 6 / Section 23-2-633
23-2-633 Other unlawful operation
Status: in_force

23-2-633 . Other unlawful operation. A person while operating a snowmobile may not:

(1) use the snowmobile for the purpose of driving, rallying, or harassing game animals, game birds, or fur-bearing animals of the state or livestock, including ostriches, rheas, and emus. An owner of livestock is not prohibited from managing or driving the owner's livestock by the use of snowmobiles and may direct other persons to manage or drive the owner's livestock by use of snowmobiles. The department of fish, wildlife, and parks, including its duly authorized employees, is not prohibited from managing or driving game animals, game birds, or fur-bearing animals by the use of snowmobiles.

(2) discharge a firearm from or upon a snowmobile;

(3) operate the snowmobile without a lighted headlight and taillight between the hours of dusk and dawn.
Mont. Code Ann. § 23-1-106 — MT Code / Title 23 / Chapter 1 / Part 1 / Section 23-1-106
23-1-106 Rules -- penalties -- enforcement
Status: in_force

23-1-106 . Rules -- penalties -- enforcement. (1) The department and the board may make rules governing the use, occupancy, and protection of the property under their control.

(2) A person who violates subsection (3) or a rule established pursuant to this section is guilty of a misdemeanor and shall be fined not more than $500 or be imprisoned in the county jail for not more than 6 months.

(3) A person may not refuse to exhibit for inspection any park permit, proof of age, or proof of residency upon request by a fish and game warden, park ranger, or peace officer.

(4) The department shall enforce the provisions of this chapter and rules implementing this chapter. The director shall employ all necessary and qualified personnel for enforcement purposes.

(5) The department is a criminal justice agency for the purpose of obtaining the technical assistance and support services provided by the board of crime control under the provisions of 44-7-101 . Authorized officers of the department are granted peace officer status with the power:

(a) of search, seizure, and arrest;

(b) to investigate activities in this state regulated by this chapter and rules of the department and the board; and

(c) to report violations to the county attorney of the county in which they occur.
Mont. Code Ann. § 23-2-601 — MT Code / Title 23 / Chapter 2 / Part 6 / Section 23-2-601
23-2-601 Definition of terms
Status: in_force

23-2-601 . Definition of terms. As used in this part, unless the context requires otherwise, the following definitions apply:

(1) "Certificate of registration" means the owner's receipt evidencing payment of fees due in order for the snowmobile to be validly registered.

(2) "Certificate of title" means the document issued by the department of justice as prima facie evidence of ownership.

(3) "dbA" means sound pressure level measured on the "A" weight scale in decibels.

(4) "Department" means the department of fish, wildlife, and parks of the state of Montana.

(5) "Mechanical transport" means any contrivance for moving a person over land that has moving parts and provides a mechanical advantage to the user.

(6) "New snowmobile" means a snowmobile that has not been previously sold to an owner.

(7) "Operator" includes each person who operates or is in actual physical control of the operation of a snowmobile.

(8) "Owner" includes each person, other than a lienholder or person having a security interest in a snowmobile, that holds a certificate of title to a snowmobile and is entitled to the use or possession of the snowmobile.

(9) "Person" means an individual, partnership, association, corporation, and any other body or group of persons, regardless of the degree of formal organization.

(10) "Registration decal" means an adhesive sticker produced and issued by the department of justice, its authorized agent, or a county treasurer to the owner of a snowmobile as proof of payment of all fees imposed for the registration period indicated on the sticker as recorded by the department of justice under 61-3-101 .

(11) "Roadway" means only those portions of a highway, road, or street improved, designed, or ordinarily used for travel or parking of motor vehicles.

(12) "Snowmobile" means a self-propelled vehicle of an overall width of 48 inches or less, excluding accessories, designed for travel on snow or ice, that may be steered by skis or runners and that is not otherwise registered or licensed under the laws of the state of Montana.

(13) "Snowmobile area" means those areas designated as snowmobile trails or areas open to the operation of snowmobiles.

(14) "Snowmobile area operators" means those persons responsible for the maintenance of snowmobile trails and for the designation of open areas or those persons providing rental snowmobile equipment. Operators may include but are not limited to the United States forest service, the Montana department of fish, wildlife, and parks, the Montana snowmobile association, individual snowmobile clubs, landowners or their tenants, persons who offer snowmobile equipment for rent, and private trail grooming contractors.

(15) "Snowmobiler" means any person operating or riding a snowmobile.
Mont. Code Ann. § 23-5-602 — MT Code / Title 23 / Chapter 5 / Part 6 / Section 23-5-602
23-5-602 Definitions
Status: in_force

23-5-602 . Definitions. As used in this part, the following definitions apply:

(1) "Aggregate gross income" means the sum total of the gross income of all video gambling machines owned by a licensed machine owner.

(2) "Associated equipment" means all proprietary devices, machines, or parts used in the manufacture or maintenance of a video gambling machine, including but not limited to integrated circuit chips, printed wired assembly, printed wired boards, printing mechanisms, video display monitors, metering devices, and cabinetry.

(3) "Automated accounting and reporting system" means a system that, at a minimum, is used to electronically report video gambling machine accounting data to the state.

(4) (a) "Bingo machine" means an electronic video gambling machine that, upon insertion of cash, is available to play bingo, as defined by rules of the department. The machine uses a video display and microprocessors and, by the skill of the player, by chance, or by both, allows the player to receive free games, bonus games, or credits that may be redeemed for cash.

(b) The term does not include a slot machine or a machine that directly dispenses coins, cash, tokens, or anything else of value.

(5) (a) "Bonus game" means a game other than a bingo, poker, keno, or video line game that is offered as a prize for playing and achieving a defined outcome by playing a bingo, poker, keno, or video line game. The term includes a game that allows a player to win free credits, free games, or a multiplier of credits already won or to move to an accelerated pay table for the play of a bingo, poker, keno, or video line game. A bonus game must make available to the player a display of the rules for the bonus game.

(b) The term does not include a game that allows the player to wager money or credits on the game or to lose money or credits already won. The term does not include a game by which the bonus game would become the predominant game rather than a bingo, poker, keno, or video line game. The department shall by administrative rule define the conditions that would cause a bonus game to be the predominant game. The term does not include a game that displays or simulates a gambling activity that is not legal under state law.

(6) "Electronically captured data" means video gambling machine accounting information and records of video gambling machine events, in electronic form, that are automatically recorded and communicated to the department through an approved automated accounting and reporting system.

(7) "Gross income" means money put into a video gambling machine minus credits paid out in cash. Gross income may be either a negative or a positive value.

(8) (a) "Keno machine" means an electronic video gambling machine that, upon insertion of cash, is available to play keno, as defined by rules of the department. The machine uses a video display and microprocessors and, by the skill of the player, by chance, or by both, allows the player to receive free games, bonus games, or credits that may be redeemed for cash.

(b) The term does not include a slot machine or a machine that directly dispenses coins, cash, tokens, or anything else of value.

(9) "Licensed machine owner" means a licensed operator or route operator who owns a video gambling machine for which a permit has been issued by the department.

(10) "Multigame" means a combination of at least two or more approved types of games, including bingo, poker, keno, or video line games, within the same video gambling machine cabinet if the video gambling machine cabinet has been approved by the department.

(11) "Permitholder" means a licensed operator on whose premises is located one or more video gambling machines for which a permit has been issued by the department.

(12) "Player rewards system" means a system that rewards player loyalty, including but not limited to employing player rankings, awarding player points, or other promotions based on player engagement at an individual licensed premises as determined by using video gambling machine data, which may come from an automated accounting and reporting system, and other information gathered at an individual licensed premises.

(13) (a) "Poker machine" means an electronic video gambling machine that, upon insertion of cash, is available to play or simulate the play of the game of draw poker, 5-card stud, 7-card stud, or hold 'em, as defined by rules of the department. The machine uses a video display and microprocessors and, by the skill of the player, by chance, or by both, allows the player to receive free games, bonus games, or credits that may be redeemed for cash.

(b) The term does not include a slot machine or a machine that directly dispenses coins, cash, tokens, or anything else of value.

(14) (a) "Video line game" means a video line game as defined by rules of the department and approved by the department. A video line game uses a video display and microprocessors and, by the skill of the player, by chance, or by both, allows the player to receive free games, bonus games, or credits that may be redeemed for cash. Video line games may be offered only in a multigame video gambling machine cabinet.

(b) The term does not include a game played on a slot machine or a machine that directly dispenses coins, cash, tokens, or anything else of value.
Mont. Code Ann. § 23-2-521 — MT Code / Title 23 / Chapter 2 / Part 5 / Section 23-2-521
23-2-521 Equipment
Status: in_force

23-2-521 . Equipment. (1) Every motorboat or vessel must have aboard:

(a) one personal flotation device that is approved by the United States coast guard and that is in good and serviceable condition for each person on board, provided that a person who has not reached 12 years of age must have a life preserver that is approved by the United States coast guard and that is properly fastened to the person when occupying a motorboat or vessel under 26 feet in length while the motorboat or vessel is in motion;

(b) if carrying or using an inflammable or toxic fluid in an enclosure for any purpose and if the motorboat or vessel is not an entirely open one, an efficient natural or mechanical ventilation system prescribed by the department that must be used and be capable of removing resulting gases prior to and during the time the motorboat or vessel is occupied by a person;

(c) hand portable fire extinguishers approved by the United States coast guard, the number of which is to be determined by the department, or a fixed fire extinguishing system that is approved by the United States coast guard, except that motorboats less than 26 feet in length of entirely open construction, propelled by outboard motors, and not carrying passengers for hire need not carry the portable fire extinguishers or fire extinguishing systems.

(2) The carburetor or carburetors of each of the engines of a motorboat or vessel (except outboard motors) that use gasoline as fuel must be equipped with an efficient flame arrester, backfire trap, or other similar device.

(3) (a) Except as provided in subsection (3)(b), the exhaust of an internal combustion engine used on a motorboat or vessel must be muffled either by discharge underwater or by a functioning muffler capable of muffling exhaust noise to 90 dbA or less when measured at a distance of 1 meter from the muffler at idle speed in accordance with the stationary sound level measurement procedure for pleasure motorboats (SAE J2005). The muffler may not be modified or altered, such as by a cutout. The department may require a test at dockside to determine exhaust noise level.

(b) The provisions of subsection (3)(a) do not apply to a motorboat or vessel:

(i) competing in a state-sanctioned regatta or boat race while on trial runs between 9 a.m. and 5 p.m. and during a period not more than 48 hours immediately preceding the regatta or boat race;

(ii) operating under a separate permit issued by the department for the purpose of tuning engines, making test or trial runs, or competing in official trials for speed records other than in connection with regattas or boat races; or

(iii) operated by an authorized agent of federal, state, or local government to carry out the duty of enforcement, search and rescue, firefighting, or research.

(4) (a) Except as provided in subsection (4)(b), a vessel may not be equipped with a siren, and a person may not use or install a siren on a vessel.

(b) An authorized emergency vessel may be equipped with a siren capable of sound audible under normal conditions from a distance of not less than 500 feet, but the siren may be used only when the vessel is operated in response to an emergency call or in the immediate pursuit of an actual or suspected violator of the law, and the operator of the vessel shall sound the siren when necessary to warn persons of the vessel's approach.

(5) When in operation or at anchor or moored away from a docking facility between sunset and sunrise, all vessels must display lights as prescribed by the department.

(6) The department may designate waters where and the time of year on these waters when all persons aboard a motorboat or vessel shall wear approved life preservers at all times.

(7) Vessels, including houseboats and floating cabins, equipped with a galley or toilet must have a wastewater holding system sealed to prevent the discharge of water-carried waste products, whether treated or untreated, into the surrounding waters.

(8) The department may adopt rules modifying the equipment requirements contained in this section to the extent necessary to keep these requirements in conformity with the provisions of the federal navigation and safety laws or with the navigation and safety rules promulgated by the United States coast guard.

(9) A person may not operate or give permission for the operation of a vessel that is not equipped as required by this section.
Mont. Code Ann. § 23-6-106 — MT Code / Title 23 / Chapter 6 / Part 1 / Section 23-6-106
23-6-106 Gambling and illegal gambling devices and enterprises prohibited
Status: in_force

23-6-106 . Gambling and illegal gambling devices and enterprises prohibited. An operator, concessionaire, nonprofit organization, or arcade may not make available for play a gambling or illegal gambling device or enterprise governed under Title 23, chapter 5, parts 1 through 6.
Mont. Code Ann. § 23-4-103 — MT Code / Title 23 / Chapter 4 / Part 1 / Section 23-4-103
23-4-103 Department's report -- public record
Status: in_force

23-4-103 . Department's report -- public record. (1) The department shall keep detailed records of board meetings, of the business transacted at the meetings, and licenses applied for and issued.

(2) Records of the board kept by the department are public records subject to public inspection.
Mont. Code Ann. § 23-5-164 — MT Code / Title 23 / Chapter 5 / Part 1 / Section 23-5-164
23-5-164 Payroll checks -- promotional activities prohibited
Status: in_force

23-5-164 . Payroll checks -- promotional activities prohibited. A licensee may not offer financial incentives or conduct promotional games of chance in connection with an offer to cash payroll checks on the premises.
Mont. Code Ann. § 23-2-731 — MT Code / Title 23 / Chapter 2 / Part 7 / Section 23-2-731
23-2-731 Purpose
Status: in_force

23-2-731 . Purpose. The legislature finds that skiing is a major recreational sport and a major industry in the state and recognizes that among the attractions of the sport are the inherent dangers and risks of skiing. The state has a legitimate interest in maintaining the economic viability of the ski industry by discouraging claims based on damages resulting from the inherent dangers and risks of skiing, defining the inherent dangers and risks of skiing, and establishing the duties of skiers and ski area operators.
Mont. Code Ann. § 23-2-733 — MT Code / Title 23 / Chapter 2 / Part 7 / Section 23-2-733
23-2-733 Duties of operator regarding ski areas
Status: in_force

23-2-733 . Duties of operator regarding ski areas. (1) Consistent with the duty of reasonable care owed by a ski area operator to a skier, a ski area operator shall:

(a) mark all trail grooming vehicles by furnishing the vehicles with flashing or rotating lights that must be in operation whenever the vehicles are working or are in movement in the ski area;

(b) mark with a visible sign or other warning implement the location of any hydrant or similar equipment used in snowmaking operations and located on ski slopes and trails;

(c) maintain one or more trail boards at prominent locations at each ski area displaying a map of that area's network of ski slopes and trails, the boundaries of the ski area, and the relative degree of difficulty of the ski slopes and trails at that area;

(d) post a notice requiring the use of ski-retention devices;

(e) designate at the start of each day, by trail board or otherwise, which ski slopes and trails are open or closed and amend those designations as openings and closures occur during the day;

(f) post in a conspicuous location the current skier responsibility code that is published by the national ski areas association;

(g) post a copy of 23-2-736 in a conspicuous location; and

(h) mark designated freestyle terrain with a symbol recognized by the national ski areas association.

(2) Nothing in this part may be construed to impose any duty owed by a ski area operator to a trespasser or an unauthorized user of a ski area.
Mont. Code Ann. § 23-4-301 — MT Code / Title 23 / Chapter 4 / Part 3 / Section 23-4-301
23-4-301 Parimutuel betting -- other betting illegal -- penalty
Status: in_force

23-4-301 . Parimutuel betting -- other betting illegal -- penalty. (1) It is unlawful to make, report, record, or register a bet or wager on the result of a contest of speed, skill, or endurance of an animal, whether the contest is held within or outside this state, except under 23-5-502 or this chapter.

(2) A licensee conducting a race meet under this chapter may provide a place in the race meet grounds or enclosure where the licensee may conduct or supervise the use of the parimutuel system by patrons on the result of the races conducted under this chapter and the rules of the board.

(3) A person licensed under this chapter to hold a race meet may simulcast live races at a place in the race meet grounds or simulcast facility where the licensee may conduct or supervise the use of the parimutuel system by patrons on the results of simulcast races approved by the board.

(4) It is unlawful to conduct pool selling or bookmaking or to circulate handbooks or to bet or wager on a race of a licensed race meet, other than by the parimutuel system and in the race meet grounds or enclosure where the race is held, or to permit a minor to use the parimutuel system.

(5) Each licensee conducting a parimutuel system for an intrastate simulcast race meet shall combine the parimutuel pools at a simulcast facility with those at the actual racing facility for the purpose of determining the odds and computing payoffs. The amount of the handle at the simulcast race meet must be combined with the amount of the parimutuel handle at the live racing facility for the purposes of distribution of money derived from parimutuel betting under 23-4-302 and 23-4-304 .

(6) Negotiated purse money from intrastate and interstate simulcast parimutuel handles at racing associations that do not conduct live racing will be pooled and distributed to all tracks conducting live racing. All money must be distributed on a percentage, based on each track's percent, of the total annual on-track parimutuel handle.

(7) The board may license an advance deposit wagering hub operator to conduct advance deposit wagering. Advance deposit wagering is prohibited and illegal unless it is conducted through an advance deposit wagering hub operator licensed by the board. A licensed advance deposit wagering hub operator:

(a) may accept advance deposit wagering money for races conducted by a licensed race meet;

(b) may not accept a wager in an amount in excess of the money on deposit in the account of a person who wishes to make the wager;

(c) may not allow a person under 18 years of age to open an account with the advance deposit wagering hub operator, make a wager from an account, or otherwise have access to an account;

(d) shall include a statement in any of its advertising for advance deposit wagering that a person under 18 years of age is not allowed to participate;

(e) shall verify the identification, residence, and age of each person seeking to open an advance deposit wagering account;

(f) shall agree to pay to the board a source market fee in an amount equal to a percentage, as set forth in its license agreement, of the total amount wagered by Montana residents from their accounts with the advance deposit wagering hub operator; and

(g) shall agree to a payment schedule of source market fees as set forth in its license agreement.

(8) (a) It is unlawful for a person or organization to accept a Montana wager without being licensed by the state of Montana as provided in this chapter.

(b) A violation of subsection (8)(a) is an illegal gambling enterprise, as defined in 23-5-112 , and is punishable as provided by law.

(9) It is unlawful to:

(a) conduct pool selling or bookmaking or to wager on a fantasy sports league other than by the parimutuel system and by being physically present at the licensed parimutuel facility;

(b) permit a minor to use the parimutuel system; or

(c) conduct internet or telephone wagering on fantasy sports leagues.
Mont. Code Ann. § 23-6-101 — MT Code / Title 23 / Chapter 6 / Part 1 / Section 23-6-101
23-6-101 Definitions
Status: in_force

23-6-101 . Definitions. Unless the context requires otherwise, the following definitions apply in this part:

(1) "Arcade" means a commercial establishment whose primary purpose is to make amusement games available for public play.

(2) "Concessionaire" means a person who owns one or more amusement games and who enters into an agreement with an operator, as defined in subsection (5)(a), to conduct games. A concessionaire may also be an operator.

(3) "Crane game" means an amusement game activated by the insertion of a coin or token by which the player uses one or more buttons, control sticks, or similar means of control or a combination of those means of control to position a mechanical or electromechanical claw or other retrieval device over a prize and attempts to retrieve it.

(4) "Nonprofit organization" means a nonprofit corporation or a nonprofit charitable, religious, scholastic, educational, veterans', fraternal, beneficial, civic, or service organization, established for a purpose other than conducting amusement games.

(5) "Operator" means a person who:

(a) enters into an agreement with a county fair commission, board of directors of a fair district, joint fair and civic center commission, business, or an association of businesses, such as a shopping center or downtown area, to provide amusement games; or

(b) makes an amusement game available for public play on premises owned by the operator or on premises owned by another person.

(6) "Prize" means:

(a) tangible personal property; or

(b) nontransferable tokens or tickets that may be accumulated and redeemed for tangible personal property.
Mont. Code Ann. § 23-2-506 — MT Code / Title 23 / Chapter 2 / Part 5 / Section 23-2-506
23-2-506 Enforcement
Status: in_force

23-2-506 . Enforcement. (1) The department is a criminal justice agency for the purpose of obtaining the technical assistance and support services provided by the board of crime control under the provisions of 44-7-101 . Authorized officers of the department are granted peace officer status with the power:

(a) of search, seizure, and arrest;

(b) to investigate activities in this state regulated by this part and rules of the department and the fish and wildlife commission; and

(c) to report violations to the county attorney of the county in which they occur.

(2) All sheriffs and peace officers of the state of Montana and all United States coast guard law enforcement officers shall have authority to enforce provisions of this part, as amended.
Mont. Code Ann. § 23-2-102 — MT Code / Title 23 / Chapter 2 / Part 1 / Section 23-2-102
23-2-102 Department to implement federal act
Status: in_force

23-2-102 . Department to implement federal act. The department is hereby designated as the state agency to represent and act for the state for the purpose of implementing the Land and Water Conservation Fund Act of 1965.
Mont. Code Ann. § 23-5-307 — MT Code / Title 23 / Chapter 5 / Part 3 / Section 23-5-307
23-5-307 Live card game tables -- hours of play -- restriction
Status: in_force

23-5-307 . Live card game tables -- hours of play -- restriction. Live card game tables must be closed for play between the hours of 2 a.m. and 8 a.m. each day. However, in the jurisdiction of a local government where a game is played, the local government may adopt an ordinance allowing play between 2 a.m. and 8 a.m.
Mont. Code Ann. § 23-2-809 — MT Code / Title 23 / Chapter 2 / Part 8 / Section 23-2-809
23-2-809 Duplicate decal
Status: in_force

23-2-809 . Duplicate decal. If a decal required in 23-2-804 indicating that the off-highway vehicle fee has been paid is lost, mutilated, or becomes illegible, the person to whom it was issued shall immediately apply for and obtain a duplicate decal upon payment of a fee of $5 to the county treasurer, who shall forward the fee to the state, as provided in 15-1-504 , for deposit in the state general fund.
Mont. Code Ann. § 23-5-114 — MT Code / Title 23 / Chapter 5 / Part 1 / Section 23-5-114
23-5-114 Department employees -- activities prohibited
Status: in_force

23-5-114 . Department employees -- activities prohibited. (1) An employee of the department directly involved with the prosecution, investigation, regulation, or licensing of gambling, as designated by the attorney general, may not:

(a) serve as an officer of a business or organization that conducts a gambling activity, other than as an officer of a nonprofit organization;

(b) be employed by a licensed operator in any capacity that requires assisting in conducting a gambling activity regulated under parts 1 through 6 of this chapter or maintaining records for the gambling activity;

(c) have a beneficial or pecuniary interest in a contract for the manufacture, lease, or sale of a gambling device, the conduct of a gambling activity, or the provision of independent consultant services in connection with a gambling activity; or

(d) participate in a gambling activity governed by parts 1 through 6 of this chapter, except in performing assigned employment duties. An employee may participate in a gambling activity governed by chapter 4 or 7 of this title.

(2) The prohibitions in subsections (1)(a) through (1)(c) apply to a former designated department employee during the first year following termination from employment with the department if the employee was directly involved with the prosecution, investigation, regulation, or licensing of gambling immediately before termination.
Mont. Code Ann. § 23-2-902 — MT Code / Title 23 / Chapter 2 / Part 9 / Section 23-2-902
23-2-902 Definitions
Status: in_force

23-2-902 . Definitions. As used in this part, the following definitions apply:

(1) "Cave" means any geologically formed void or cavity beneath the surface of the earth or within a cliff or ledge, including but not limited to natural subsurface water and drainage systems, whether or not a natural entrance is present. The term does not include a mine, tunnel, aqueduct, or human-made excavation but does include any natural structure that is commonly known as a cavern, sinkhole, pit, grotto, or rock shelter and that communicates with a subterranean passage or drainage system.

(2) "Cave life" means any life form that occurs in, uses, visits, or inhabits a cave.

(3) "Gate" means a structure or device located to limit or prohibit access or entry to a cave.

(4) "Material" means all or part of any archaeological, cultural, paleontological, biological, or historical item or artifact found in a cave, including but not limited to any petroglyph, pictograph, pottery, basketwork, fossil, human remains, or animal remains.

(5) "Owner" means any person or public or private agency that has the right to possession of a cave.

(6) "Person" means an individual, partnership, firm, association, trust, corporation, or other legal entity.

(7) "Speleogen" means the surrounding natural earth or bedrock in which a cave is formed, including but not limited to clastic sediments, walls, floors, ceiling, and other related structural and geological features.

(8) "Speleothem" means a natural mineral formation or deposit occurring in a cave, including but not limited to formations known as stalagmite, stalactite, helectite, shield, anthodite, gypsum flower and needle, angel's hair, soda straw, drapery, bacon, cave pearl, popcorn, rimstone dam, column, palette, and flowstone. A speleothem is commonly composed of calcite, gypsum, epsomite, aragonite, celestite, or other similar mineral.
Mont. Code Ann. § 23-2-804 — MT Code / Title 23 / Chapter 2 / Part 8 / Section 23-2-804
23-2-804 Decal required
Status: in_force

23-2-804 . Decal required. (1) Except as provided in 23-2-802 , an off-highway vehicle may not be operated by a 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:

(a) the registration fee provided for in 61-3-321 (5); 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 (8), as evidenced by presentation of an owner's certificate of registration and payment receipt. The county treasurer may confirm the registration status of a motorcycle or quadricycle by examining the current registration receipt for the vehicle or checking the electronic record of title for the vehicle.

(2) The decal must be serially numbered.
Mont. Code Ann. § 23-1-126 — MT Code / Title 23 / Chapter 1 / Part 1 / Section 23-1-126
23-1-126 Good neighbor policy -- public recreational lands
Status: in_force

23-1-126 . Good neighbor policy -- public recreational lands. (1) The good neighbor policy of public land use, as applied to public recreational lands, seeks a goal of no impact upon adjoining private and public lands by preventing impact on those adjoining lands from noxious weeds, trespass, litter, noise and light pollution, streambank erosion, and loss of privacy.

(2) In order to implement the good neighbor policy expeditiously, the legislature finds it necessary to require the department of fish, wildlife, and parks to place maintenance as a priority over additional development at all state parks and fishing access sites.

(3) The restriction in subsection (2) does not apply to:

(a) development and improvement projects for which the legislature has appropriated funds prior to October 1, 1999;

(b) activities directly related to the historic preservation, restoration, or protection of assets in state parks;

(c) at the discretion of the department of fish, wildlife, and parks, projects on the Missouri reach of the Missouri-Madison hydropower project or the Clark Fork basin hydropower project, undertaken pursuant to the federal energy regulatory commission's hydropower relicensing requirements and in conjunction with private entities, political subdivisions of the state of Montana, and federal agencies;

(d) at the discretion of the department of fish, wildlife, and parks, projects on Fort Peck reservoir undertaken in conjunction with the U.S. army corps of engineers; or

(e) partnership projects as designated within the park master plan.

(4) Any development in state parks and fishing access sites beyond those defined as maintenance in 23-1-127 must be approved by the legislature.
Mont. Code Ann. § 23-2-111 — MT Code / Title 23 / Chapter 2 / Part 1 / Section 23-2-111
23-2-111 Summer motorized recreation trail pass for residents -- fees -- penalties
Status: in_force

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 .
Mont. Code Ann. § 23-5-153 — MT Code / Title 23 / Chapter 5 / Part 1 / Section 23-5-153
23-5-153 Possession and sale of antique gambling devices
Status: in_force

23-5-153 . Possession and sale of antique gambling devices. (1) Subject to the requirements of subsection (4), a person may possess, sell, purchase, or transfer an antique gambling device. The person possessing the antique gambling device bears the burden of demonstrating that the device qualifies as an antique gambling device. Proof of qualification may be demonstrated by a date on an original, authentic manufacturer's serial number plate affixed to the gambling device or by other reliable documentation.

(2) An antique gambling device may be operated only in:

(a) a licensed gambling operation when authorized by law and permitted under part 6 of this chapter; or

(b) a private residential dwelling.

(3) (a) An antique gambling device may be possessed or located for purposes of display only and not for operation:

(i) in a public or private museum; or

(ii) in any other public place if the device is inaccessible to the public or is inoperable for purposes of conducting a gambling activity.

(b) A licensed manufacturer-distributor or a person licensed under subsection (4) may possess antique gambling devices for purposes of commercially selling or otherwise supplying the devices.

(4) A person other than a licensed manufacturer-distributor may not sell more than three antique gambling devices in a 12-month period without first obtaining from the department a license for selling the antique gambling devices. The fee for the license is $50, and the license is valid for 3 years from the date that the license is issued. The fee must be retained by the department for administrative purposes.
Mont. Code Ann. § 23-2-321 — MT Code / Title 23 / Chapter 2 / Part 3 / Section 23-2-321
23-2-321 Restriction on liability of landowner and supervisor
Status: in_force

23-2-321 . Restriction on liability of landowner and supervisor. (1) A person who makes recreational use of surface waters flowing over or through land in the possession or under the control of another, pursuant to 23-2-302 , or land while portaging around or over barriers or while portaging or using portage routes, pursuant to 23-2-311 , is owed no duty by a landowner, the landowner's agent, or the landowner's tenant other than that provided in subsection (2).

(2) A landowner, the landowner's agent, or tenant is liable to a person making recreational use of waters or land described in subsection (1) only for an act or omission that constitutes willful or wanton misconduct.

(3) A supervisor or any member of the arbitration panel who participates in a decision regarding the placement of a portage route is not liable to a person who is injured or whose property is damaged because of placement or use of the portage route except for an act or omission that constitutes willful and wanton misconduct.
Mont. Code Ann. § 23-2-101 — MT Code / Title 23 / Chapter 2 / Part 1 / Section 23-2-101
23-2-101 Legislative findings -- purpose
Status: in_force

23-2-101 . Legislative findings -- purpose. Montana is uniquely endowed with scenic landscapes and areas rich in recreational value. This outdoor heritage enriches the lives of citizens, attracts new residents and businesses to the state, and is of major significance to the expanding tourist industry. It is the purpose of this part to give authority to the department to plan and develop outdoor recreational resources in the state. That authority permits receiving and expending funds, including federal grants, for this purpose.
Mont. Code Ann. § 23-5-613 — MT Code / Title 23 / Chapter 5 / Part 6 / Section 23-5-613
23-5-613 Violations
Status: in_force

23-5-613 . Violations. Unless otherwise provided in this part, a person who purposely or knowingly violates or procures, aids, or abets a violation of this part or an ordinance, resolution, or rule adopted under this part is guilty of a misdemeanor punishable under 23-5-161 .
Mont. Code Ann. § 23-2-531 — MT Code / Title 23 / Chapter 2 / Part 5 / Section 23-2-531
23-2-531 Personal watercraft operation
Status: in_force

23-2-531 . Personal watercraft operation. In addition to applicable provisions in this part, a person may not operate a personal watercraft:

(1) unless a person operating or riding on the vessel is wearing a United States coast guard approved type of personal flotation device;

(2) if the vessel is equipped by the manufacturer with a lanyard type engine cutoff switch unless the lanyard is attached to the operator's person, clothing, or personal flotation device as is appropriate for the specific vessel;

(3) (a) except as provided for standup personal watercraft in subsection (3)(b) or when towing a waterskier from or to a dock or shore, at greater than no-wake speed within 200 feet of a dock, swimmer, swimming raft, nonmotorized boat, or anchored vessel on a lake or river;

(b) at greater than the minimum speed necessary to operate a personal watercraft when leaving or returning directly from or to a dock or shore for the purpose of launching or docking; or

(4) on any surface waters restricted in whole or in part by rule of the fish and wildlife commission;

(5) in a reckless or negligent manner. Actions prohibited in 23-2-523 are considered reckless operation.
Mont. Code Ann. § 23-7-307 — MT Code / Title 23 / Chapter 7 / Part 3 / Section 23-7-307
23-7-307 Conflict of interest
Status: in_force

23-7-307 . Conflict of interest. A commissioner, director, assistant director, state lottery employee, licensed sales agent, or member of a listed person's household may not have a financial interest in any gaming supplier or any contract between the state lottery and a gaming supplier or accept any gift or thing of value from a gaming supplier.
Mont. Code Ann. § 23-2-524 — MT Code / Title 23 / Chapter 2 / Part 5 / Section 23-2-524
23-2-524 Passing rule and right-of-way
Status: in_force

23-2-524 . Passing rule and right-of-way. (1) When two vessels are approaching each other "head on" or nearly so, each vessel shall bear to the right and pass the other vessel on its left side to avoid the risk of collision.

(2) When vessels approach each other obliquely or at right angles, the vessel that has the other vessel on the starboard side shall keep out of the way and shall, if the circumstances of the case require, avoid crossing ahead of the other vessel.

(3) A vessel overtaking another vessel shall keep out of the way of the vessel being overtaken.

(4) When a sailboat and motorboat are operating as to involve a risk of collision with each other, the motorboat shall yield to the sailboat in all cases.
Mont. Code Ann. § 23-2-802 — MT Code / Title 23 / Chapter 2 / Part 8 / Section 23-2-802
23-2-802 Exemptions
Status: in_force

23-2-802 . Exemptions. The provisions of this part do not apply to:

(1) an off-highway vehicle owned or used by the United States or another state or an agency or political subdivision of the United States or another state;

(2) an off-highway vehicle registered in an adjacent state of the United States if:

(a) that state does not require payment of a fee to use off-highway vehicles registered in Montana in that state; and

(b) the off-highway vehicle is temporarily used within this state for not more than 30 days; or

(3) a licensed motorcycle or licensed quadricycle used for fishing and hiking access, camping, or picnicking on a visible two-track trail or road within 1 mile of a designated road.
Mont. Code Ann. § 23-7-301 — MT Code / Title 23 / Chapter 7 / Part 3 / Section 23-7-301
23-7-301 Sales agents -- licenses
Status: in_force

23-7-301 . Sales agents -- licenses. (1) Lottery tickets, chances, wagers, or bets may be sold only by a sales agent licensed by the director in accordance with this section.

(2) The commission shall by rule determine the places at which state lottery games and sports wagering tickets, chances, wagers, or bets may be sold.

(3) (a) Before issuing a license, the director shall consider:

(i) the financial responsibility and security of the applicant and the applicant's business or activity;

(ii) the accessibility of the applicant's place of business or activity to the public; and

(iii) the sufficiency of existing licenses to serve the public convenience and the volume of the expected sales.

(b) A person under 18 years of age may not sell lottery tickets, chances, wagers, or bets.

(c) A license as an agent to sell lottery tickets, chances, or wagers and bets may not be issued to any person to engage in business exclusively as a lottery ticket, chance, or sports wagering sales agent.

(d) A license as an agent to sell wagers or bets may not be issued to any professional or collegiate sports:

(i) athlete;

(ii) coach;

(iii) assistant coach;

(iv) team staff;

(v) team owner;

(vi) referee; or

(vii) employee.

(4) The director may issue temporary licenses upon conditions that the director considers necessary.

(5) (a) Two license types are available:

(i) lottery only; and

(ii) sports wagering only.

(b) License applicants shall complete the application process pursuant to this chapter and corresponding administrative rules.

(6) The director may require a bond from any licensed agent in an amount provided in the commission's rules and may purchase a blanket bond covering the activities of licensed agents.

(7) A licensed agent shall display the license or a copy of the license conspicuously in accordance with the commission's rules.

(8) A license is not assignable or transferable.

(9) An employee of a sales agent may not be required to sell lottery game tickets, chances, or wagers or bets if the sale is against the employee's religious or moral beliefs.

(10) Sales agents are entitled to a commission of no more than 10% of the face value of tickets and chances that they purchase from the lottery and do not return and no more than 10% of the face value of a wager or bet. However, to further the sale of lottery products and sports wagering, the state lottery and sports wagering commission may, under 23-7-202 (11), establish policies that provide additional commissions to sales agents based on incremental sales. Commissions may not come from that part of all gross revenue that is net revenue and is paid to the general fund. The commissions are statutorily appropriated, as provided in 17-7-502 , to the lottery.

(11) Each sales agent shall keep a complete and up-to-date set of records and accounts fully showing the agent's sales and provide it for inspection upon request of the commission, the director, the department of administration, the office of the legislative auditor, or the office of the attorney general.

(12) Sales agents may pay the state lottery only by check, bankdraft, electronic funds transfer, or other recorded, noncash, financial transfer method as determined by the director.

(13) A license may be suspended or revoked for failure to maintain the license qualifications provided in subsection (3) or for violation of any provision of this chapter or a commission rule. Prior to suspension or revocation, the licensee must be given notice and an opportunity for a hearing.
Mont. Code Ann. § 23-5-805 — MT Code / Title 23 / Chapter 5 / Part 8 / Section 23-5-805
23-5-805 Payouts -- administrative fees charged by commercial establishments
Status: in_force

23-5-805 . Payouts -- administrative fees charged by commercial establishments. (1) Except as provided in subsection (2)(b), the total value of payouts to all league members must equal the amount collected for entrance, administrative, and transactions fees, minus payment for administrative expenses.

(2) (a) Except as provided in subsection (2)(b), if a commercial establishment charges an administrative fee for conducting a fantasy sports league, the fee for each participant may not be more than 15% of the amount charged as a participant's entrance fee.

(b) The parimutuel network, as defined in 23-4-101 , shall distribute all funds wagered on fantasy sports leagues in any wagering pool pursuant to the requirements of 23-4-302 and 23-4-304 .
Mont. Code Ann. § 23-2-515 — MT Code / Title 23 / Chapter 2 / Part 5 / Section 23-2-515
23-2-515 Registration decal to be displayed
Status: in_force

23-2-515 . Registration decal to be displayed. (1) A Montana motorboat, sailboat, or personal watercraft numbered in accordance with the provisions of 23-2-512 must display a registration decal. For this purpose, the county treasurer, upon proof of payment of the registration fee as required by 61-3-321 (10), shall issue a registration decal prepared and furnished by the department of justice with all new certificates of number and, if applicable, all renewals of the certificates of number.

(2) (a) The registration decal must be of a style and design prescribed by the department of justice.

(b) The registration decal must be serially numbered.

(c) The registration decals issued for a motorboat, sailboat, or personal watercraft do not expire while the motorboat, sailboat, or personal watercraft remains in the same ownership.

(3) A registration decal must be displayed on the left side of the forward half, 3 inches aft of the identifying numbers.
Mont. Code Ann. § 23-2-533 — MT Code / Title 23 / Chapter 2 / Part 5 / Section 23-2-533
23-2-533 Use of allocated funds for boating facilities
Status: in_force

23-2-533 . Use of allocated funds for boating facilities. (1) Funds allocated to the motorboat account must be used by the department to

improve, operate, or maintain boating facilities.

(2) The department may use the funds to match available federal funds to the extent possible.
Mont. Code Ann. § 23-2-108 — MT Code / Title 23 / Chapter 2 / Part 1 / Section 23-2-108
23-2-108 Trails and recreational facilities account
Status: in_force

23-2-108 . Trails and recreational facilities account. (1) There is a trails and recreational facilities account in the state special revenue fund established in 17-2-102 .

(2) There must be paid into the account:

(a) money collected pursuant to 61-3-321 (19)(a)(iii); and

(b) money from marijuana taxes deposited under 16-12-111 .

(3) Money in the account may only be used by the department to provide trails and recreational facilities grants pursuant to 23-2-109 .

(4) 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.
Mont. Code Ann. § 23-2-704 — MT Code / Title 23 / Chapter 2 / Part 7 / Section 23-2-704
23-2-704 Unlawful to endanger life or cause damage
Status: in_force

23-2-704 . Unlawful to endanger life or cause damage. (1) It is unlawful for a passenger riding or using a passenger ropeway to endanger the life and safety of other persons or cause damage to passenger ropeway equipment.

(2) A person who purposely or knowingly violates this section is guilty of a misdemeanor.
Mont. Code Ann. § 23-2-635 — MT Code / Title 23 / Chapter 2 / Part 6 / Section 23-2-635
23-2-635 Accidents involving snowmobiles
Status: in_force

23-2-635 . Accidents involving snowmobiles. The owner or operator of a snowmobile that is involved in any accident, collision, or upset in which personal injury occurs to any person shall report the accident or occurrence to the nearest law enforcement agency. An accident involving personal injury or a fatality must be reported immediately or as soon as practicable.
Mont. Code Ann. § 23-2-735 — MT Code / Title 23 / Chapter 2 / Part 7 / Section 23-2-735
23-2-735 Duties of passenger
Status: in_force

23-2-735 . Duties of passenger. A passenger may not:

(1) board or disembark from a passenger ropeway except at an area designated for those purposes;

(2) throw or expel any object from a passenger ropeway;

(3) interfere with the running or operation of a passenger ropeway;

(4) use a passenger ropeway unless the passenger has the ability to use it safely without any instruction on its use by the operator or requests and receives instruction before boarding;

(5) embark on a passenger ropeway without the authority of the operator.
Mont. Code Ann. § 23-1-118 — MT Code / Title 23 / Chapter 1 / Part 1 / Section 23-1-118
23-1-118 Elimination of resident user fee -- fee for nonresident use -- penalty
Status: in_force

23-1-118 . Elimination of resident user fee -- fee for nonresident use -- penalty. (1) In recognition of the right of Montana residents to use primitive parks without regard to their ability to pay, a Montana resident is not required to pay a user fee for the use of any primitive park designated in 23-1-116 .

(2) A nonresident who wishes to use a primitive park is required to pay the state park user fees chargeable under 23-1-105 .
Mont. Code Ann. § 23-5-324 — MT Code / Title 23 / Chapter 5 / Part 3 / Section 23-5-324
23-5-324 Card room contractor's license -- fee -- submission of contract
Status: in_force

23-5-324 . Card room contractor's license -- fee -- submission of contract. (1) It is a misdemeanor for a person to enter into a contract with a licensed operator to operate one or more live card game tables on the operator's premises without obtaining a card room contractor's license from the department.

(2) The department shall charge an annual license fee of $150 for issuing or renewing a card room contractor's license. The department shall retain the fee for administrative purposes.

(3) The applicant shall submit at the time of application for a card room contractor's license a copy of a proposed lease agreement with a licensed operator.
Mont. Code Ann. § 23-5-711 — MT Code / Title 23 / Chapter 5 / Part 7 / Section 23-5-711
23-5-711 Nonapplicability of certain gambling laws
Status: in_force

23-5-711 . Nonapplicability of certain gambling laws. The provisions of parts 3 and 4 of this chapter, except 23-5-311 , do not apply to live card games, live bingo or keno games, or raffles conducted during a casino night.
Mont. Code Ann. § 23-2-822 — MT Code / Title 23 / Chapter 2 / Part 8 / Section 23-2-822
23-2-822 Off-highway vehicle operator responsibilities
Status: in_force

23-2-822 . Off-highway vehicle operator responsibilities. (1) An off-highway vehicle operator shall accept all legal responsibility for injury or damage of any kind to the extent that the injury or damage results from risks inherent in the sport of off-highway vehicle use and shall regulate personal conduct at all times so that injury to self or other persons or property that results from the risks inherent in the sport of off-highway vehicle operation is avoided.

(2) Risks inherent in the sport of off-highway operation include variations in terrain, surface or subsurface conditions, crevices, ravines, streams, poor visibility, rocks, trees, other forms of forest growth or debris, and any other natural hazard.

(3) An off-highway vehicle operator is responsible for:

(a) knowing the range of the operator's ability to navigate any slope, trail, or area for off-highway vehicle use within the limits of the operator's ability, taking into consideration the conditions;

(b) maintaining control of speed and course at all times while operating the off-highway vehicle;

(c) heeding all posted warnings; and

(d) refraining from acting in a manner that may cause or contribute to the injury of anyone.

(4) The provisions of this section do not affect a products liability cause of action based upon the design or manufacture of off-highway equipment or products or safety equipment used incidental to the operation of an off-highway vehicle.
Mont. Code Ann. § 23-2-528 — MT Code / Title 23 / Chapter 2 / Part 5 / Section 23-2-528
23-2-528 Transmittal of information to U.S. officials
Status: in_force

23-2-528 . Transmittal of information to U.S. officials. In accordance with any request duly made by an authorized official or agency of the United States, any information compiled or otherwise available to the department pursuant to subsections (2) and (3) of 23-2-527 , as amended, shall be transmitted to such official or agency of the United States.
Mont. Code Ann. § 23-5-157 — MT Code / Title 23 / Chapter 5 / Part 1 / Section 23-5-157
23-5-157 Gambling on cash basis -- penalties
Status: in_force

23-5-157 . Gambling on cash basis -- penalties. (1) (a) Except as provided in subsection (1)(b), in every gambling activity the consideration paid for the chance to play must be made in cash. A check or debit card may be used to obtain cash to participate in a gambling activity. A participant shall present the cash needed to play the game as the game is being played. If a check or debit card is used to obtain cash on the premises of a licensee then it must be delivered and accepted unconditionally. A licensee or employee of a licensee may not hold a check or other evidence of indebtedness for redemption pending the outcome of a gambling activity.

(b) The consideration for the chance to participate in Calcutta pools as provided in 23-5-222 , raffles as provided in 23-5-413 , casino nights as provided in 23-5-702 , and card games normally scored using points as provided in Title 23, chapter 5, part 3, may be paid by cash, check, or debit card.

(c) Credit gambling is prohibited, except as provided in 23-5-413 . Credit gambling is offering or accepting as part of the price of participation in a gambling activity or as payment of a debt incurred in a gambling activity:

(i) a check, credit card, or debit card held pending the outcome of a gambling activity;

(ii) a loan of any kind at any time from or on behalf of a licensee;

(iii) any form of deferred payment, including a note, IOU, post-dated check, hold check, or other evidence of indebtedness; or

(iv) a check issued or delivered that is accepted by the licensee with the knowledge that it will not be paid by the depository.

(2) A person who violates this section is guilty of a criminal offense under 23-5-156 and must be punished in accordance with 23-5-161 or 23-5-162 .
Mont. Code Ann. § 23-2-641 — MT Code / Title 23 / Chapter 2 / Part 6 / Section 23-2-641
23-2-641 Enforcement
Status: in_force

23-2-641 . Enforcement. (1) With respect to the sale of any new snowmobile that is subject to the provisions of this part, the attorney general shall, upon the request of the department, sue for the recovery of the penalties provided in 23-2-642 and bring an action for a restraining order or temporary or permanent injunction against a person who sells or offers to sell a new snowmobile that does not satisfy the sound level limitations imposed by this part.

(2) (a) The department is a criminal justice agency for the purpose of obtaining the technical assistance and support services provided by the board of crime control under the provisions of 44-7-101 . Authorized officers of the department are granted peace officer status with the power:

(i) of search, seizure, and arrest;

(ii) to investigate activities in this state regulated by this part and rules of the department and the fish and wildlife commission; and

(iii) to report violations to the county attorney of the county in which they occur.

(b) Sheriffs and their deputies of the various counties of the state, the Montana highway patrol, authorized officers of the department, and the police of each municipality shall enforce the provisions of this part.
Mont. Code Ann. § 23-7-401 — MT Code / Title 23 / Chapter 7 / Part 4 / Section 23-7-401
23-7-401 State lottery fund
Status: in_force

23-7-401 . State lottery fund. There is a fund of the enterprise fund type, as defined in 17-2-102 , to be known as the state lottery fund. The gross revenue from the state lottery, consisting of money from the sale of lottery tickets, chances, wagers, and bets, sales agent license fees, unclaimed prizes, or any other source, must be deposited in the fund, except that, at the discretion of the director, money for prizes paid immediately by a sales agent and money equaling the sales agent's commission may be drawn by a sales agent from the agent's gross revenue before depositing the gross revenue with the state lottery.
Mont. Code Ann. § 23-2-907 — MT Code / Title 23 / Chapter 2 / Part 9 / Section 23-2-907
23-2-907 Conditions of owner liability
Status: in_force

23-2-907 . Conditions of owner liability. The liability of the owner of a cave or the owner's authorized agent, officer, employee, or designated representative acting within the scope of authority is restricted pursuant to 70-16-302 .
Mont. Code Ann. § 23-4-203 — MT Code / Title 23 / Chapter 4 / Part 2 / Section 23-4-203
23-4-203 Race meets -- when lawful
Status: in_force

23-4-203 . Race meets -- when lawful. It is lawful to conduct live or simulcast race meets at a racetrack or simulcast facility or otherwise at any time during the week.
Mont. Code Ann. § 23-2-113 — MT Code / Title 23 / Chapter 2 / Part 1 / Section 23-2-113
23-2-113 Summer motorized recreation trail grant program -- rulemaking
Status: in_force

23-2-113 . Summer motorized recreation trail grant program -- rulemaking. (1) There is a summer motorized recreation trail grant program by which the department may grant funds deposited in the account established in 23-2-112 to private clubs and organizations for the following purposes:

(a) to mark or sign, maintain, and improve summer motorized recreation trails;

(b) to mitigate and eradicate noxious weeds along summer motorized recreation trails;

(c) to provide motorized safety and ethics education; and

(d) to acquire various hand tools and chain saws needed to accomplish trail projects. The grantee shall provide to the department on request an itemized list and receipts for all purchases of hand tools and chain saws made using grant funds.

(2) Entities receiving a grant may use up to 7% of the funds for administrative costs.

(3) The department may require an applicant to provide a 10% match in cash or donated services to be eligible to receive a grant.

(4) In utilizing funds pursuant to this section, the department shall consider the recommendations of the off-highway vehicle advisory committee established pursuant to 23 U.S.C. 206.

(5) After awarding a grant pursuant to this section, the department shall, on request of the grantee, make an initial distribution of 50% of the funding to the entity receiving the award, a distribution of 40% on receipt by the department of expense receipts, and a distribution of the final 10% of the funding on receipt by the department of proof of completion of the project for which the money is awarded.

(6) The department may adopt rules to implement the provisions of 23-2-110 through 23-2-113 .
Mont. Code Ann. § 23-7-202 — MT Code / Title 23 / Chapter 7 / Part 2 / Section 23-7-202
23-7-202 Powers and duties of commission
Status: in_force

23-7-202 . Powers and duties of commission. The commission shall:

(1) establish and operate a state lottery;

(2) determine policies for the operation of the state lottery, supervise the director and the staff, and meet with the director at least once every 3 months to make and consider recommendations, set policies, determine types and forms of lottery and sports wagering games to be operated by the state lottery, and transact other necessary business;

(3) maximize the net revenue paid to the state general fund and to the Montana STEM scholarship program special revenue account under 23-7-402 and ensure that all policies and rules adopted further revenue maximization;

(4) subject to 23-7-402 (1), determine the percentage of the money paid for tickets, chances, wagers, or bets to be paid out as prizes;

(5) determine the price of each ticket, chance, wager, or bet and the number and size of prizes;

(6) provide for the conduct of drawings of winners of lottery games and sports wagering;

(7) carry out, with the director, a continuing study of the state lottery in Montana and other states' lotteries and sports wagering operations to make the state lottery more efficient, profitable, and secure from violations of the law;

(8) study and may enter into agreements with:

(a) other lottery states and countries to offer lottery games; or

(b) an association for the purpose of participating in multistate lottery games or games offered in other states and other countries;

(9) prepare quarterly and annual reports on all aspects of the operation of the state lottery, including but not limited to types of games, gross revenue, prize money paid, operating expenses, net revenue to the state, contracts with gaming suppliers, and recommendations for changes to this part, and deliver a copy of each report to the governor, the department of administration, the legislative auditor, and to the legislature in accordance with 5-11-210 ;

(10) adopt rules relating to lottery and sports wagering and any other rules necessary to carry out this part, including but not limited to:

(a) acceptance of wagers on a sports event or a series of sports events;

(b) the type of wagering tickets that may be used;

(c) method of issuing tickets;

(d) method of accounting and associated reporting minimums to be used by sales agent;

(e) sales agent licensing requirements and prohibitions;

(f) method of age verification;

(g) player exclusion requirements;

(h) protections for an individual placing a wager;

(i) contribution and participation in responsible gaming and consumer protection activities and programs; and

(j) ensuring game integrity through monitoring and reporting of suspicious betting activity and equipment tampering; and

(11) prescribe policies relating to sports wagering sales agents' commissions without conducting rulemaking under Title 2, chapter 4, but otherwise meet the requirements of this chapter.
Mont. Code Ann. § 23-5-159 — MT Code / Title 23 / Chapter 5 / Part 1 / Section 23-5-159
23-5-159 Illegal sale, assignment, lease, or transfer of license -- penalty
Status: in_force

23-5-159 . Illegal sale, assignment, lease, or transfer of license -- penalty. A licensee who purposely or knowingly sells, assigns, leases, or transfers a license or permit in violation of 23-5-110 is guilty of a misdemeanor punishable in accordance with 23-5-161 .
Mont. Code Ann. § 23-5-181 — MT Code / Title 23 / Chapter 5 / Part 1 / Section 23-5-181
23-5-181 Petition -- summons -- service -- answer
Status: in_force

23-5-181 . Petition -- summons -- service -- answer. (1) A peace officer that seizes personal property under 23-5-180 shall within 45 days of the seizure file a petition to institute forfeiture proceedings with the clerk of the district court of the county in which the seizure occurred. The clerk shall issue a summons, which the petitioning party shall by one of the following methods serve upon each owner or claimant of the personal property:

(a) upon an owner or claimant whose name and address are known, by personal service of a copy of the petition and summons as provided in the Montana Rules of Civil Procedure;

(b) upon an owner or claimant whose address is unknown but who is believed to have an interest in the property, by publication of the summons in one issue of a newspaper of general circulation in the county where the seizure occurred or, if there is no such newspaper, by publication in one issue of a newspaper of general circulation in an adjoining county and by mailing a copy of the petition and summons to the most recent address of the owner or claimant, if any, shown in the records of the department.

(2) Within 20 days after service under subsection (1), the owner or claimant of the seized property may file a verified answer to the allegations concerning the use of the property described in the petition. An extension of time for filing the answer may not be granted. Failure to answer within 20 days bars the owner or claimant from presenting evidence at any subsequent evidentiary hearing unless extraordinary circumstances exist.
Mont. Code Ann. § 23-5-123 — MT Code / Title 23 / Chapter 5 / Part 1 / Section 23-5-123
23-5-123 Disposal of fines and penalties for violation of gambling laws
Status: in_force

23-5-123 . Disposal of fines and penalties for violation of gambling laws. All fines and penalties collected by criminal, civil, or administrative process for a violation of a provision of parts 1 through 8 of this chapter or a rule of the department must be deposited in the operating budget of the department of justice.
Mont. Code Ann. § 23-2-631 — MT Code / Title 23 / Chapter 2 / Part 6 / Section 23-2-631
23-2-631 Operation on public roads, streets, and highways
Status: in_force

23-2-631 . Operation on public roads, streets, and highways. (1) A person may not operate a snowmobile upon a controlled-access highway or facility at any time. Snowmobile operation is permitted on the roadway or shoulder of any public road or highway, state highway, county road, or city street located within the boundaries of any municipality only in the event that:

(a) the street, road, or highway is drifted or covered by snow to the extent that travel on the street, road, or highway by other motor vehicles is impractical or impossible;

(b) the operator has received permission or is otherwise authorized for that travel by the municipality in the case of town or city streets, the board of county commissioners for county roads, or the state highway patrol for all other highways; or

(c) operation has been authorized on municipal streets by a municipal ordinance.

(2) A snowmobile may make a direct crossing of a street or highway whenever the crossing is necessary to get to another authorized area of operation. The crossing must be made at an angle of approximately 90 degrees to the direction of traffic at a place where no obstruction prevents a quick and safe crossing. The snowmobile must make a complete stop before entering upon any part of the traffic way, and the operator shall yield the right-of-way to all oncoming traffic.

(3) A snowmobile may not be operated upon a public street or highway when permitted to do so by this part unless equipped with at least one headlamp and one taillamp, which must be lighted at all times during operation, and unless equipped with a suitable braking device operable by either hand or foot.

(4) (a) Unless operation is otherwise allowed under subsection (4)(b) or (4)(c), the operator of a snowmobile who operates the snowmobile upon a public roadway, street, or highway when allowed to do so under the provisions of this part must have in possession a license to drive a motor vehicle as required by the laws of the state of Montana.

(b) The operator of a snowmobile may operate the snowmobile upon a public roadway, street, or highway when allowed to do so under the provisions of this part if the operator:

(i) has in possession a certificate showing the successful completion of a Montana-approved snowmobile safety education course; and

(ii) is in the physical presence and under the supervision of a person who is 18 years of age or older.

(c) An operator who crosses a street, road, or highway, who operates a snowmobile upon a street, road, or highway that is drifted or covered with snow to the extent that travel on the street, road, or highway by other motor vehicles is impractical or impossible, or who operates a snowmobile in any other areas of the state where operation is lawfully permitted is not required to apply for or possess a driver's license under the laws of the state of Montana.
Mont. Code Ann. § 23-5-410 — MT Code / Title 23 / Chapter 5 / Part 4 / Section 23-5-410
23-5-410 Exemption from certain sections
Status: in_force

23-5-410 . Exemption from certain sections. A senior citizen center is exempt from 23-5-117 , 23-5-177 , 23-5-407 , and 23-5-409 with respect to live bingo games if the center:

(1) limits participation in live bingo games to its members and members' guests;

(2) limits live bingo games to its main premises or place of operation; and

(3) does not operate live bingo games in a predominantly commercial manner.
Mont. Code Ann. § 23-5-512 — MT Code / Title 23 / Chapter 5 / Part 5 / Section 23-5-512
23-5-512 Sports pool design -- multiple competitor sports pool -- department rules
Status: in_force

23-5-512 . Sports pool design -- multiple competitor sports pool -- department rules. (1) (a) Except as provided in subsection (2), a sports pool must be designed to ensure that:

(i) there is at least one winner from among the participants in the pool; and

(ii) each participant has an equal chance to win the pool.

(b) Competitors in a sports event or series of sports events must be randomly assigned to each participant in the sports pool.

(2) (a) A multiple competitor sports pool must be designed to ensure that:

(i) there is at least one winner, but there may be categories of winners among the participants in the pool; and

(ii) a participant's chance to win the pool may be based on the participant's relative skill in selecting competitors in a sports event or series of sports events.

(b) Nothing in subsection (2)(a)(ii) requires competitors in a multiple competitor sports pool to be randomly assigned to a participant in a sports pool.

(3) The department shall by rule describe the types of sports pools authorized by this part. Variations in the authorized sports pools must be submitted to the department for review and approval before they are made available for public play. The department may charge a nominal fee to review variations in the authorized sports pools.
Mont. Code Ann. § 23-2-402 — MT Code / Title 23 / Chapter 2 / Part 4 / Section 23-2-402
23-2-402 Purpose -- intent
Status: in_force

23-2-402 . Purpose -- intent. (1) The purpose of this part is to:

(a) provide continued recreational and commercial use and enjoyment of the Smith River waterway, consistent with the river's capacity;

(b) seek ways to minimize conflicts between river users and private landowners; and

(c) protect the integrity of the river's water and canyon resources for future generations.

(2) The intent of this part is to interpret and implement this part in a manner consistent with the statement of purpose for the state park system in 23-1-101 .

(3) This part may not be construed in any way to restrict a landowner's access to or use of the landowner's land, improvements, water rights, or adjacent waterways.
Mont. Code Ann. § 23-2-301 — MT Code / Title 23 / Chapter 2 / Part 3 / Section 23-2-301
23-2-301 Definitions
Status: in_force

23-2-301 . Definitions. For purposes of this part, the following definitions apply:

(1) "Barrier" means an artificial obstruction located in or over a water body, restricting passage on or through the water, that totally or effectively obstructs the recreational use of the surface water at the time of use. A barrier may include but is not limited to a bridge or fence or any other artificial obstacle to the natural flow of water.

(2) "Class I waters" means surface waters, other than lakes, that:

(a) lie within the officially recorded federal government survey meander lines of the waters;

(b) flow over lands that have been judicially determined to be owned by the state by reason of application of the federal navigability test for state streambed ownership;

(c) are or have been capable of supporting the following commercial activities: log floating, transportation of furs and skins, shipping, commercial guiding using multiperson watercraft, public transportation, or the transportation of merchandise, as these activities have been defined by published judicial opinion as of April 19, 1985; or

(d) are or have been capable of supporting commercial activity within the meaning of the federal navigability test for state streambed ownership.

(3) "Class II waters" means all surface waters that are not class I waters, except lakes.

(4) "Commission" means the fish and wildlife commission provided for in 2-15-3402 .

(5) "Department" means the department of fish, wildlife, and parks provided for in 2-15-3401 .

(6) "Diverted away from a natural water body" means a diversion of surface water through a constructed water conveyance system, including but not limited to:

(a) an irrigation or drainage canal or ditch;

(b) an industrial, municipal, or domestic water system, excluding the lake, stream, or reservoir from which the system obtains water;

(c) a flood control channel; or

(d) a hydropower inlet and discharge facility.

(7) "Lake" means a body of water where the surface water is retained by either natural or artificial means and the natural flow of water is substantially impeded.

(8) "Occupied dwelling" means a building used for a human dwelling at least once a year.

(9) "Ordinary high-water mark" means the line that water impresses on land by covering it for sufficient periods to cause physical characteristics that distinguish the area below the line from the area above it. Characteristics of the area below the line include, when appropriate, but are not limited to deprivation of the soil of substantially all terrestrial vegetation and destruction of its agricultural vegetative value. A flood plain adjacent to surface waters is not considered to lie within the surface waters' high-water marks.

(10) "Recreational use" means with respect to surface waters: fishing, hunting, swimming, floating in small craft or other flotation devices, boating in motorized craft unless otherwise prohibited or regulated by law, or craft propelled by oar or paddle, other water-related pleasure activities, and related unavoidable or incidental uses.

(11) "Supervisors" means the board of supervisors of a soil conservation district, the directors of a grazing district, or the board of county commissioners if a request pursuant to 23-2-311 (3)(b) is not within the boundaries of a conservation district or if the request is refused by the board of supervisors of a soil conservation district or the directors of a grazing district.

(12) "Surface water" means, for the purpose of determining the public's access for recreational use, a natural water body, its bed, and its banks up to the ordinary high-water mark.
Mont. Code Ann. § 23-5-182 — MT Code / Title 23 / Chapter 5 / Part 1 / Section 23-5-182
23-5-182 Effect of failure to answer -- hearing date following answer
Status: in_force

23-5-182 . Effect of failure to answer -- hearing date following answer. (1) If a verified answer to the petition is not filed within 20 days after service under 23-5-181 , the court, upon motion, shall order the property forfeited to the state.

(2) If a verified answer is filed within 20 days after service under 23-5-181 , the forfeiture proceedings must be set for hearing without a jury, to be held no sooner than 60 days after the answer is filed. Notice of the hearing must be given in the manner provided for service under 23-5-181 .
Mont. Code Ann. § 23-5-161 — MT Code / Title 23 / Chapter 5 / Part 1 / Section 23-5-161
23-5-161 Criminal liabilities -- misdemeanor
Status: in_force

23-5-161 . Criminal liabilities -- misdemeanor. A person who purposely or knowingly violates a provision of parts 1 through 8 of this chapter, the punishment of which is for a misdemeanor, shall upon conviction of a first offense be fined not more than $500. Upon a second conviction within 5 years of a first conviction, a person shall be fined not more than $1,000 or imprisoned in the county jail for not more than 6 months, or both. Upon a third conviction within 5 years of a second conviction, a person shall be fined not more than $10,000 or imprisoned in the county jail for not more than 1 year, or both. Upon a fourth conviction within 5 years of a third conviction, a person shall be fined not more than $10,000 or imprisoned in the county jail for not more than 1 year, or both, and the department shall revoke all licenses and permits the person holds under parts 1 through 8 of this chapter and the person is forever barred from receipt of any license or permit under this chapter. When 5 years have passed following a conviction, the record of that conviction may be made available only to criminal justice agencies or upon court order.
Mont. Code Ann. § 23-5-309 — MT Code / Title 23 / Chapter 5 / Part 3 / Section 23-5-309
23-5-309 Requirements for conducting card games
Status: in_force

23-5-309 . Requirements for conducting card games. (1) Except as provided in 23-5-310 , 23-5-317 , and 23-5-318 , a live card game must be played on a live card game table for which a permit has been issued and on the premises of a licensed operator.

(2) Except as provided in 23-5-318 , a live card game of panguingue or poker must be played in the presence and under the control of a licensed dealer.
Mont. Code Ann. § 23-5-311 — MT Code / Title 23 / Chapter 5 / Part 3 / Section 23-5-311
23-5-311 Authorized card games
Status: in_force

23-5-311 . Authorized card games. (1) The card games authorized by this part are and are limited to the card games known as bridge, cribbage, hearts, panguingue, pinochle, pitch, poker, rummy, solo, and whist.

(2) A person may conduct or participate in a live card game or make a live card game table available for public play of a live card game only if it is specifically authorized by this part and described by department rules.

(3) This part does not apply to games simulated on electronic video gambling machines authorized under part 6 of this chapter.
Mont. Code Ann. § 23-2-825 — MT Code / Title 23 / Chapter 2 / Part 8 / Section 23-2-825
23-2-825 Off-highway vehicle grant program
Status: in_force

23-2-825 . Off-highway vehicle grant program. (1) Money deposited in the off-highway vehicle account pursuant to 60-3-201 must be used by the department of fish, wildlife, and parks to administer an off-highway vehicle grant program to develop and maintain facilities open to the general public, to repair areas that are impacted or damaged by off-highway vehicles, and to promote off-highway vehicle safety.

(2) Ten percent of the money deposited in the account must be granted for the promotion of off-highway vehicle safety.

(3) Ten percent of the money deposited in the account may be used to repair areas that are impacted or damaged by off-highway vehicles.

(4) The department may require an applicant to provide a 10% match in cash or donated services to be eligible to receive a grant.

(5) After awarding a grant pursuant to this section, the department shall, on request of the grantee, make an initial distribution of 50% of the funding to the entity receiving the award, a distribution of 40% on receipt by the department of expense receipts, and a distribution of the final 10% of the funding on receipt by the department of proof of completion of the project for which the money is awarded.

(6) Entities may use grant funds to acquire various hand tools and chain saws needed to accomplish trail maintenance. The grantee shall provide to the department on request an itemized list and receipts for all purchases of hand tools and chain saws made using grant funds.

(7) Entities receiving a grant may use up to 7% of the funds for administrative costs.
Mont. Code Ann. § 23-5-405 — MT Code / Title 23 / Chapter 5 / Part 4 / Section 23-5-405
23-5-405 Authorized live bingo, keno, raffles, and heads or tails
Status: in_force

23-5-405 . Authorized live bingo, keno, raffles, and heads or tails. (1) A person may conduct or participate in a live bingo or keno game, raffle, or heads or tails game only if it is operated pursuant to this part.

(2) This part does not apply to a game simulated on a video gambling machine authorized by part 6 of this chapter.
Mont. Code Ann. § 23-5-321 — MT Code / Title 23 / Chapter 5 / Part 3 / Section 23-5-321
23-5-321 Issuance of permits by local governing bodies prohibited
Status: in_force

23-5-321 . Issuance of permits by local governing bodies prohibited. A city, town, or county may not issue permits for live card games or live card game tables authorized in this part.
Mont. Code Ann. § 23-5-308 — MT Code / Title 23 / Chapter 5 / Part 3 / Section 23-5-308
23-5-308 Card game dealers -- license
Status: in_force

23-5-308 . Card game dealers -- license. (1) Except as provided in 23-5-318 , a person may not deal cards in a live card game of panguingue or poker without being licensed annually by the department.

(2) The fee for the first year in which the license is effective is $75, and the annual renewal fee is $25. The fee may not be prorated.

(3) The department shall retain for administrative purposes the license fee charged for the issuance of a dealer's license.

(4) A licensed dealer shall keep on the dealer's person and display upon request the dealer's license when working as a dealer.

(5) (a) The department shall adopt rules to implement temporary licensing procedures until a permanent license is issued to a dealer.

(b) The rules must provide that a temporary license:

(i) may be issued at a local department office or at another public location designated by the department; and

(ii) may only be issued upon the payment of the license application fee and submission of an application, required fingerprints, and proof that the applicant for a temporary license has a verifiable offer of employment from a licensed operator or card room contractor.
Mont. Code Ann. § 23-7-110 — MT Code / Title 23 / Chapter 7 / Part 1 / Section 23-7-110
23-7-110 Penalties
Status: in_force

23-7-110 . Penalties. It is a misdemeanor, punishable by a fine not to exceed $500 or imprisonment in the county jail for a term not to exceed 6 months, or both, to knowingly or purposely:

(1) require an employee to sell lottery tickets, chances, or sports wagering in violation of 23-7-301 (9);

(2) violate 23-7-301 (11);

(3) sell a lottery ticket, chance, wager, or bet to a person under 18 years of age;

(4) violate subsection (3) or (4) of 23-7-302 ;

(5) serve as a commissioner, director, assistant director, employee, or licensed agent of the state lottery in violation of 23-7-306 ;

(6) violate 23-7-307 ;

(7) violate 23-7-310 ; or

(8) influence the winning of a prize through the use of coercion, fraud, deception, or tampering with lottery or sports wagering equipment or materials.
Mont. Code Ann. § 23-5-802 — MT Code / Title 23 / Chapter 5 / Part 8 / Section 23-5-802
23-5-802 Fantasy sports leagues authorized
Status: in_force

23-5-802 . Fantasy sports leagues authorized. It is lawful to conduct or participate in a fantasy sports league, including a fantasy sports league that is operated under a parimutuel system of wagering regulated under Title 23, chapter 4. It is unlawful to wager on a fantasy sports league by telephone or by the internet.
Mont. Code Ann. § 23-2-504 — MT Code / Title 23 / Chapter 2 / Part 5 / Section 23-2-504
23-2-504 Filing of rules
Status: in_force

23-2-504 . Filing of rules. A copy of the rules adopted pursuant to this part and of any amendments thereto shall be filed in the office of the department and in the office of the secretary of state. Rules shall be published by the department in a convenient form and made easily available to all vessel operators.
Mont. Code Ann. § 23-7-305 — MT Code / Title 23 / Chapter 7 / Part 3 / Section 23-7-305
23-7-305 Disclosure of odds
Status: in_force

23-7-305 . Disclosure of odds. The director shall make adequate disclosure of the odds or payoffs with respect to each state lottery game or sports wager by stating how to find the odds or payoffs in advertisements and by posting how to find the odds or payoffs at each place in which tickets, chances, wagers, or bets are sold.
Mont. Code Ann. § 23-5-306 — MT Code / Title 23 / Chapter 5 / Part 3 / Section 23-5-306
23-5-306 Live card game table -- permit -- fees -- disposition of fees
Status: in_force

23-5-306 . Live card game table -- permit -- fees -- disposition of fees. (1) (a) A person who has been granted an operator's license under 23-5-177 and who holds an appropriate license to sell alcoholic beverages for consumption on the premises, as provided in 23-5-119 , may be granted an annual permit for the placement of live card game tables.

(b) A permit is not required for social games played for prizes of minimal value, as defined by department rule.

(c) The department may issue an annual permit for the placement of live card game tables to a person operating a premises not licensed to sell alcoholic beverages for consumption on the premises if:

(i) one or more live card game tables were legally operated on the premises on January 15, 1989;

(ii) the premises were licensed on January 15, 1989, to sell food, cigarettes, or any other consumable product;

(iii) the person has been granted an operator's license under 23-5-177 ; and

(iv) at the time of application for the permit:

(A) the person has continuously operated a live card game table on the premises since January 15, 1989; and

(B) the natural person or persons who own the business operated on the premises are the same as on January 15, 1989.

(2) The annual permit fee in lieu of taxes for each live card game table operated in a licensed operator's premises may not be prorated and must be:

(a) $250 for the first table; and

(b) $500 for each additional table.

(3) The department shall retain for administrative purposes $100 of the fee collected under this part for each live card game table.

(4) The department shall forward on a quarterly basis the remaining balance of the fee collected under subsection (2) to the treasurer of the county or the clerk, finance officer, or treasurer of the city or town in which the live card game table is located for deposit to the county or municipal treasury. A county is not entitled to proceeds from fees assessed on live card game tables located in incorporated cities and towns within the county. The local government portion of this fee is statutorily appropriated to the department, as provided in 17-7-502 , for deposit to the county or municipal treasury.
Mont. Code Ann. § 23-5-607 — MT Code / Title 23 / Chapter 5 / Part 6 / Section 23-5-607
23-5-607 Expected payback -- verification
Status: in_force

23-5-607 . Expected payback -- verification. (1) The department shall prescribe the expected payback value of credit awarded to be at least 80% of the value of credit played for each bingo, poker, keno, and video line game in a video gambling machine. The credit ratio may not be greater than 92% for each video line game.

(2) Each video gambling machine must have an electronic accounting device that the department may use to verify the winning percentage.
Mont. Code Ann. § 23-2-529 — MT Code / Title 23 / Chapter 2 / Part 5 / Section 23-2-529
23-2-529 Waterskis and surfboards
Status: in_force

23-2-529 . Waterskis and surfboards. (1) A person may not operate a motorboat or vessel on any waters of this state for the purpose of towing a person or persons on waterskis, a surfboard, or similar device unless the operator is accompanied by an observer. If the operator is 12 years of age or younger, there must be a second person, at least 18 years of age, in the vessel to observe the person being towed. The fish and wildlife commission shall adopt rules regarding the proper observation and safe towing of persons on waterskis or similar devices, based on density of use of a body of water.

(2) A person may not operate a motorboat or vessel towing a person engaged in waterskiing, surfboarding, or similar activity or towing some other contrivances nor may a person engage in those activities at any time between the hours from sunset to sunrise, except that this subsection does not apply to a performer engaged in a professional exhibition or a person engaged in a regatta or race authorized under this part.

(3) All right-of-way rules applying to a towing vessel apply to a person being towed.
Mont. Code Ann. § 23-1-117 — MT Code / Title 23 / Chapter 1 / Part 1 / Section 23-1-117
23-1-117 Limit on development of primitive parks
Status: in_force

23-1-117 . Limit on development of primitive parks. (1) The only development allowed in primitive parks designated in 23-1-116 is:

(a) necessary improvements required to meet minimum public health standards regarding sanitation, which may include necessary access to outhouses, septic vaults, and water;

(b) improvements necessary to ensure the safe public use of boat ramps and docks;

(c) addition of gravel to existing unpaved roads and the resurfacing of paved roads when necessary to ensure safe public access;

(d) establishment of new trails or improvement of trails;

(e) development of camp host pads, which may include a septic vault and electrical service designed to serve only the camp host pads;

(f) any measures required for land management, including forestry; and

(g) installation of minimal signage indicating that the park is a designated primitive park in which development has been limited and encouraging the public to help in maintaining the park's primitive character by packing out trash.

(2) The following development of designated primitive parks is prohibited:

(a) installation of electric lines or facilities, except when necessary to comply with subsection (1)(a) or (1)(e);

(b) installation of recreational vehicle sanitary dumpsites where they do not presently exist; and

(c) creation of unnecessary new roads and paving of existing but previously unpaved roads.
Mont. Code Ann. § 23-5-608 — MT Code / Title 23 / Chapter 5 / Part 6 / Section 23-5-608
23-5-608 Limitation on amount of money played and value of prizes -- payment of credits in cash -- ticket voucher expiration -- rules
Status: in_force

23-5-608 . Limitation on amount of money played and value of prizes -- payment of credits in cash -- ticket voucher expiration -- rules. (1) A video gambling machine may not allow more than $2 to be played on a game or award free games or credits in excess of $800 a game.

(2) A licensee shall pay in cash all credits owed to a player as shown on a valid ticket voucher.

(3) The department may establish by rule a reasonable time period during which a player shall present a valid ticket voucher to the licensee for payment before the voucher may be considered expired and invalid.
Mont. Code Ann. § 23-5-646 — MT Code / Title 23 / Chapter 5 / Part 6 / Section 23-5-646
23-5-646 Terminated
Status: in_force

23-5-646 . Terminated. Sec. 39, Ch. 15, Sp. L. July 1992.
Mont. Code Ann. § 23-5-138 — MT Code / Title 23 / Chapter 5 / Part 1 / Section 23-5-138
23-5-138 Evidence in administrative proceedings
Status: in_force

23-5-138 . Evidence in administrative proceedings. When conducting an administrative proceeding under parts 1 through 8 of this chapter, the department may consider hearsay evidence approved by the hearing examiner in a prehearing conference at which a determination is made that the evidence possesses sufficient guaranties of trustworthiness and does not involve a question of the credibility of a witness or of the credibility of a witness's subjective observations or analysis.
Mont. Code Ann. § 23-2-110 — MT Code / Title 23 / Chapter 2 / Part 1 / Section 23-2-110
23-2-110 Definitions
Status: in_force

23-2-110 . Definitions. For the purposes of this part, the following definitions apply:

(1) "Department" means the department of fish, wildlife, and parks.

(2) "Motorized equipment" means any motorized equipment authorized to be used on public lands by the land management agency with jurisdiction over those lands.

(3) "Summer motorized recreation trail" means a trail designated as open to motorized use and approved for inclusion in the summer motorized recreation trail grant program established in 23-2-113 by the land management agency with jurisdiction over the trail.
Mont. Code Ann. § 23-5-610 — MT Code / Title 23 / Chapter 5 / Part 6 / Section 23-5-610
23-5-610 Video gambling machine gross income tax -- records -- distribution -- payment
Status: in_force

23-5-610 . Video gambling machine gross income tax -- records -- distribution -- payment. (1) A licensed machine owner shall pay to the department a video gambling machine tax of 15% of the aggregate gross income from all video gambling machines issued a permit under this part in the manner prescribed by the department. A licensed machine owner may deduct from the gross income amounts equal to amounts stolen from machines if the amounts stolen are not repaid by insurance or under a court order, if a law enforcement agency investigated the theft, and if the theft is the result of either unauthorized entry and physical removal of the money from the machines or of machine tampering and the amounts stolen are documented.

(2) A licensed machine owner shall keep a record of the gross income from each video gambling machine issued a permit under this part in the form the department requires. The records must at all times during the business hours of the licensee be subject to inspection by the department.

(3) The department shall, in accordance with the provisions of 17-2-124 , forward the tax collected under subsection (1) of this section to the state treasurer for deposit in the general fund.
Mont. Code Ann. § 23-2-530 — MT Code / Title 23 / Chapter 2 / Part 5 / Section 23-2-530
23-2-530 Education program
Status: in_force

23-2-530 . Education program. The department shall coordinate a statewide boat safety education program, including a home study testing program for motorboat operators.
Mont. Code Ann. § 23-5-128 — MT Code / Title 23 / Chapter 5 / Part 1 / Section 23-5-128
23-5-128 Distributor's license -- fees
Status: in_force

23-5-128 . Distributor's license -- fees. (1) It is a misdemeanor for a person to conduct business as a distributor without first obtaining a distributor's license from the department.

(2) Except as provided in subsection (6), the department shall charge an annual license fee of $1,000 for issuing or renewing a distributor's license. The department shall retain the fee for administrative purposes.

(3) A distributor's license expires June 30 of each year, and the license fee may not be prorated.

(4) Except as provided in subsection (6), the department may charge an additional, one-time license application processing fee to cover the actual cost of processing the original license. The department shall refund any amount of the application processing fee not needed to reimburse the department for actual costs or shall collect an amount sufficient to reimburse the department for actual costs not completely covered by the initial fee charged.

(5) The department shall retain for administrative purposes the license and application processing fees collected under this section.

(6) The department may waive the license fee provided for in subsection (2) if the applicant is licensed as a manufacturer or route operator and may waive the application processing fee provided for in subsection (4) if the applicant is licensed as a manufacturer, route operator, or operator.
Mont. Code Ann. § 23-2-404 — MT Code / Title 23 / Chapter 2 / Part 4 / Section 23-2-404
23-2-404 Applicability
Status: in_force

23-2-404 . Applicability. This part applies to that portion of the Smith River waterway located in Meagher and Cascade Counties lying between Camp Baker in Meagher County and the confluence of the Smith River with the Missouri River. This description does not prevent the department from naming or renaming areas pursuant to 23-1-102 .
Mont. Code Ann. § 23-2-508 — MT Code / Title 23 / Chapter 2 / Part 5 / Section 23-2-508
23-2-508 Certificate of title
Status: in_force

23-2-508 . Certificate of title. (1) Except as provided in subsection (3), a motorboat or sailboat 12 feet in length or longer may not be operated upon the waters of the state unless a certificate of title has first been obtained from the department of justice in accordance with the laws of this state.

(2) Unless expressly exempted, the provisions of Title 61, chapter 3, parts 1 and 2, apply to a motorboat or sailboat 12 feet in length or longer.

(3) A person who has owned the same motorboat or sailboat 12 feet in length or longer since July 1, 1988, with a valid certificate of number issued by the state is not required to file an application for a certificate of title for the motorboat or sailboat unless the person transfers a part of the person's interest in the motorboat or sailboat or renews the certificate of number for the motorboat or sailboat.
Mont. Code Ann. § 23-1-105 — MT Code / Title 23 / Chapter 1 / Part 1 / Section 23-1-105
23-1-105 Fees and charges -- use of motor vehicle registration fee
Status: in_force

23-1-105 . Fees and charges -- use of motor vehicle registration fee. (1) (a) The department may levy and collect reasonable fees or other charges for the use of privileges and conveniences that may be provided and to grant concessions that it considers advisable, except as provided in subsections (2) and (6).

(b) There must be deposited into a state special revenue fund in the state treasury to the credit of the department:

(i) all money derived from the activities of the department, except as provided in subsection (5); and

(ii) money from marijuana taxes deposited under 16-12-111 .

(2) Overnight camping fees established by the department under subsection (1) must be discounted 50% for a campsite rented by a person who is a resident of Montana, as defined in 87-2-102 , and is:

(a) 62 years of age or older;

(b) certified as disabled in accordance with rules adopted by the department; or

(c) a veteran of the armed forces. While camping at a discounted rate, the veteran shall carry proof of the person's veteran status, such as a DD form 214, U.S. department of veterans affairs identification card, or a driver's license indicating the person's veteran status.

(3) For a violation of any fee collection rule involving a vehicle, the registered owner of the vehicle at the time of the violation is personally responsible if an adult is not in the vehicle at the time the violation is discovered by an authorized officer. A defense that the vehicle was driven into the fee area by another person is not allowable unless it is shown that at that time, the vehicle was being used without the consent of the registered owner.

(4) Money received from the collection of fees and charges is subject to the deposit requirements of 17-6-105 (6) unless the department has submitted and received approval for a modified deposit schedule pursuant to 17-6-105 (8).

(5) There is a fund of the enterprise fund type, as defined in 17-2-102 (2)(a), for the purpose of managing state park visitor services revenue. The fund is to be used by the department to serve the recreating public by providing for the obtaining of inventory through purchase, production, or donation and for the sale of educational, commemorative, and interpretive merchandise and other related goods and services at department sites and facilities. The fund consists of money from the sale of educational, commemorative, and interpretive merchandise and other related goods and services and from donations. Gross revenue from the sale of educational, commemorative, and interpretive merchandise and other related goods and services must be deposited in the fund. All interest and earnings on money deposited in the fund must be credited to the fund for use as provided in this subsection.

(6) In recognition of the fact that individuals support state parks through the payment of certain motor vehicle registration fees, persons who pay the fee provided for in 61-3-321 (19)(a) may not be required to pay a day-use fee for access to state parks. Other fees for the use of state parks and fishing access sites, such as overnight camping fees, are still chargeable and may be collected by the department.

(7) Any increase in the motor vehicle registration fee collected pursuant to 61-3-321 (19)(a) on or after January 1, 2012, that is dedicated to state parks must be used by the department for maintenance and operation of state parks.
Mont. Code Ann. § 23-4-102 — MT Code / Title 23 / Chapter 4 / Part 1 / Section 23-4-102
23-4-102 Presiding officer -- quorum -- costs -- salary
Status: in_force

23-4-102 . Presiding officer -- quorum -- costs -- salary. (1) The board shall organize by electing one of its members as presiding officer. Four members of the board constitute a quorum for the transaction of business by the board.

(2) The board may incur costs, charges, and expenses reasonably necessary to carry out this chapter.

(3) Each member may be paid $50 for each day in which the member is actually and necessarily engaged in the performance of board duties and must be reimbursed for travel expenses, as provided for in 2-18-501 through 2-18-503 , incurred in the member's official service.
Mont. Code Ann. § 23-2-823 — MT Code / Title 23 / Chapter 2 / Part 8 / Section 23-2-823
23-2-823 Void
Status: in_force

23-2-823 . Void. Sec. 6, Ch. 578, L. 1993.
Mont. Code Ann. § 23-5-171 — MT Code / Title 23 / Chapter 5 / Part 1 / Section 23-5-171
23-5-171 Authority of local governments to regulate gambling
Status: in_force

23-5-171 . Authority of local governments to regulate gambling. (1) A local government may not license or regulate a form of gambling authorized by parts 1 through 8 of this chapter or assess or charge any fees or taxes unless specifically authorized by statute.

(2) An incorporated city or town may enact an ordinance or resolution zoning certain areas within its incorporated limits in which gambling is prohibited.

(3) A county may enact a resolution zoning certain areas in the county, not within an incorporated city or town, in which gambling is prohibited.

(4) A county or incorporated city or town may not restrict the number of licenses that the department may issue.
Mont. Code Ann. § 23-2-310 — MT Code / Title 23 / Chapter 2 / Part 3 / Section 23-2-310
23-2-310 Lakes
Status: in_force

23-2-310 . Lakes. Nothing contained in this part addresses the recreational use of surface waters of lakes.
Mont. Code Ann. § 23-2-602 — MT Code / Title 23 / Chapter 2 / Part 6 / Section 23-2-602
23-2-602 Report of stolen and recovered snowmobiles
Status: in_force

23-2-602 . Report of stolen and recovered snowmobiles. The reporting of stolen and recovered snowmobiles must be conducted in the same manner as the reporting of stolen and recovered motor vehicles provided for in 61-3-106 .
Mont. Code Ann. § 23-5-331 — MT Code / Title 23 / Chapter 5 / Part 3 / Section 23-5-331
23-5-331 Penalty
Status: in_force

23-5-331 . Penalty. A person who purposely or knowingly violates or who procures, aids, or abets in a violation of this part or any ordinance, resolution, or rule adopted pursuant to this part is guilty of a misdemeanor punishable pursuant to 23-5-161 .
Mont. Code Ann. § 23-2-903 — MT Code / Title 23 / Chapter 2 / Part 9 / Section 23-2-903
23-2-903 Vandalism of cave unlawful
Status: in_force

23-2-903 . Vandalism of cave unlawful. (1) Except as provided in subsection (2), a person may not purposely or knowingly:

(a) carve, write, mark upon, break, crack, burn, or remove or in any manner destroy, disturb, deface, mar, or harm the surfaces of any cave or material found in a cave, whether attached or broken, including speleothems, speleogens, and sedimentary deposits;

(b) break, force, tamper with, or otherwise disturb a lock, gate, door, or other obstruction designed to control or prevent access to a cave;

(c) remove, deface, or tamper with a sign stating that a cave is posted or citing provisions of this part; or

(d) disturb or alter in any way the natural condition of a cave.

(2) The provisions of subsection (1) do not apply to a cave owner or the owner's authorized agent, officer, employee, or designated representative who undertakes work to improve or control physical access to the cave.
Mont. Code Ann. § 23-2-535 — MT Code / Title 23 / Chapter 2 / Part 5 / Section 23-2-535
23-2-535 Alcohol and drug concentration standards -- evidence admissible -- administration of tests -- definition
Status: in_force

23-2-535 . Alcohol and drug concentration standards -- evidence admissible -- administration of tests -- definition. (1) The inferences contained in 61-8-1002 apply to any criminal action or proceeding arising out of acts alleged to have been committed in violation of 23-2-523 (2).

(2) Evidence of any measured amount or detected presence of alcohol or drugs in a person at the time of the act alleged, as shown by analysis of the person's blood, breath, oral fluid, or urine, and any other competent evidence bearing on the question of whether the person was under the influence of alcohol, drugs, or a combination of the two at the time of the act alleged is admissible in any criminal action or proceeding arising out of acts alleged to have been committed in violation of 23-2-523 (2).

(3) If a person charged with violation of 23-2-523 (2) refuses to submit to a test of the person's blood, breath, or urine for the purpose of determining any measured amount or detected presence of alcohol or drugs, none will be given, but proof of refusal is admissible in any criminal action or proceeding arising out of acts alleged to have been committed in violation of 23-2-523 (2).

(4) The provisions relating to administration of tests provided in 61-8-1019 and the definition of alcohol concentration provided in 61-8-1001 apply to any testing done to a person charged with violation of 23-2-523 (2).

(5) As used in 23-2-523 (2), the term "under the influence" has the meaning provided in 61-1-101 .
Mont. Code Ann. § 23-2-657 — MT Code / Title 23 / Chapter 2 / Part 6 / Section 23-2-657
23-2-657 Environmental review compliance -- exemption
Status: in_force

23-2-657 . Environmental review compliance -- exemption. (1) Except as provided in subsection (2), the department of fish, wildlife, and parks shall comply with the provisions of Title 75, chapter 1, parts 1 and 2, when:

(a) acting as a snowmobile area operator pursuant to this part; or

(b) awarding a grant or other funding assistance to a snowmobile area operator.

(2) The department of fish, wildlife, and parks is exempt from the provisions of Title 75, chapter 1, parts 1 and 2, when taking actions as a snowmobile area operator pursuant to this part or when awarding a grant or other funding assistance to a snowmobile area operator if the action or award has been previously subject to environmental review under Title 75, chapter 1, parts 1 and 2, and there is no proposed change to the action or the use of the award.
Mont. Code Ann. § 23-2-409 — MT Code / Title 23 / Chapter 2 / Part 4 / Section 23-2-409
23-2-409 Allocation of user fees -- expenditure of Smith River corridor enhancement account
Status: in_force

23-2-409 . Allocation of user fees -- expenditure of Smith River corridor enhancement account. (1) All money collected as recreational and commercial user fees for floating and camping on the Smith River waterway pursuant to 23-2-408 must be deposited in the state treasury in the Smith River corridor enhancement account in the state special revenue fund to the credit of the department.

(2) (a) The following portions of recreational and commercial user fees deposited in the Smith River corridor enhancement account must be used for the purposes in subsection (2)(b):

(i) $50 of each commercial outfitter client fee;

(ii) all revenue from the sale of super permit lottery chances;

(iii) all revenue from sales of a resident-only $5 bonus point and a nonresident $125 bonus point; and

(iv) 5% of other float fee revenue, except for the nonrefundable permit application fee.

(b) The sum of the funds described in subsection (2)(a) must be expended to:

(i) protect and enhance the integrity of the natural and scenic beauty of the Smith River waterway and its recreational, fisheries, and wildlife values through the lease or acquisition of property, including lease or acquisition of partial interests in property by the department within the Smith River corridor;

(ii) pursue projects that serve to protect, enhance, and restore fisheries habitat, streambank stabilization, erosion control, and recreational values within the Smith River corridor, including Smith River tributaries; and

(iii) pursue projects that serve to maintain and enhance instream flows for recognized recreational and aquatic ecosystem values in the Smith River corridor.

(3) All other funds in the Smith River corridor enhancement account may be used to manage, operate, and maintain the Smith River corridor.
Mont. Code Ann. § 23-2-654 — MT Code / Title 23 / Chapter 2 / Part 6 / Section 23-2-654
23-2-654 Snowmobiler's assumption of responsibility -- duties
Status: in_force

23-2-654 . Snowmobiler's assumption of responsibility -- duties. (1) A snowmobiler shall operate a snowmobile at all times in a manner that avoids injury to self and others and must be aware of the inherent risks in the sport of snowmobiling.

(2) A snowmobiler shall:

(a) know the range of the snowmobiler's ability and snowmobile safely within the limits of that ability and the snowmobiler's equipment so as to negotiate any section of terrain or snowmobile trail safely and without injury or damage. A snowmobiler must be aware that the snowmobiler's ability may vary because of terrain or trail changes caused by weather, grooming changes, or snowmobile use.

(b) maintain control of speed and course at all times while snowmobiling so as to prevent injury to self and others;

(c) heed all posted warnings; and

(d) refrain from acting in a manner that may cause or contribute to the injury of anyone.

(3) A snowmobiler shall accept all legal responsibility for injury or damage of any kind to the extent that the injury or damage results from risks inherent in the sport of snowmobiling. Risks inherent in the sport of snowmobiling are:

(a) variations in terrain, including surface or subsurface snow or ice conditions naturally occurring or resulting from weather changes, snowmobile use, or grooming or snowmaking operations;

(b) bare spots or thin snow cover caused by limited snowfall, melting, wind erosion, snowmobile action, grooming, or unconsolidated base;

(c) rocks, trees, or other forms of forest growth or debris;

(d) clearly visible or plainly marked improvements or trail maintenance equipment; and

(e) avalanches.

(4) The provisions of this section do not affect a products liability cause of action based upon the design or manufacture of snowmobile equipment or products or safety equipment used incidental to the operation of a snowmobile.