61-5-121. Disposition of fees. (1) Except as provided in subsection (3), the disposition of the fees from driver‘s licenses, motorcycle endorsements, commercial driver’s licenses, and replacement driver’s licenses provided for in 61-5-114 is as follows:

Terms Used In Montana Code 61-5-121

  • Authorized agent: means a person who has executed a written agreement with the department and is specifically authorized by the department to electronically access and update the department's motor vehicle titling, registration, or driver records, using an approved automated interface, for specific functions or purposes on behalf of a third party. See Montana Code 61-1-101
  • Department: means the department of justice acting directly or through its duly authorized officers or agents. See Montana Code 61-1-101
  • Driver: means a person who drives or is in actual physical control of a vehicle. See Montana Code 61-1-101
  • Motorcycle: means a motor vehicle that has a seat or saddle for the use of the operator and that is designated to travel on not more than three wheels in contact with the ground. See Montana Code 61-1-101
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Traffic: means pedestrians, ridden or herded animals, vehicles, streetcars, and other conveyances either singly or together while using any highways for purposes of travel. See Montana Code 61-1-101

(a)(i) If the fees are collected by a county treasurer or other agent of the department, the amount of 2.5% of each driver’s license fee, 2.5% of each commercial driver’s license fee, and 3.75% of each replacement driver’s license fee must be deposited into the county general fund.

(ii)If the fees are collected by the department, the amount provided for in subsection (1)(a)(i) must be deposited into the state general fund.

(b)(i) If the fee is collected by a county treasurer or other agent of the department, the amount of 3.34% of each motorcycle endorsement must be deposited into the county general fund.

(ii)If the fee is collected by the department, the amount provided for in subsection (1)(b)(i) must be deposited into the state general fund.

(c)The amount of 20.7% of each driver’s license fee, 16.94% of each commercial driver’s license fee, and 8.75% of each replacement driver’s license fee must be deposited into the state traffic education account.

(d)In addition to the amounts deposited pursuant to subsections (1)(a)(ii) and (1)(b)(ii), the remainder of each driver’s license fee, each commercial driver’s license fee, and each replacement driver’s license fee must be deposited into the state general fund.

(e)The amount of 63.46% of each motorcycle endorsement fee must be deposited into the state motorcycle safety account in the state special revenue fund, and the amount of 33.2% of each motorcycle endorsement fee must be deposited into the state general fund.

(2)(a) If fees from driver’s licenses, commercial driver’s licenses, motorcycle endorsements, and replacement driver’s licenses are collected by a county treasurer or other agent of the department, the county treasurer or agent shall deposit the amounts provided for in subsections (1)(a)(i) and (1)(b)(i) into the county general fund. The county treasurer or agent shall then remit all remaining fees to the state for deposit as provided in subsections (1)(c) through (1)(e).

(b)If fees from driver’s licenses, commercial driver’s licenses, motorcycle endorsements, and replacement driver’s licenses are collected by the department, it shall deposit the fees as provided in subsections (1)(a)(ii), (1)(b)(ii), and (1)(c) through (1)(e).

(3)The fee for a renewal notice, whether collected by a county treasurer, an authorized agent, or the department, must be remitted to the department for deposit in the state general fund.