Montana Code 15-70-704. Bonding, release of surety, and additional bond
15-70-704. Bonding, release of surety, and additional bond. (1) Except as provided in this section, an alternative fuel dealer’s license may not be issued to a person and may not be continued in force unless the person has furnished a bond, in a form prescribed by the department, to secure the dealer’s compliance with this part and has paid all taxes, interest, and penalties due under this part. The department shall waive the bond requirement of an alternative fuel dealer who is not subject to the provisions of subsection (2)(a) or (2)(b).
Terms Used In Montana Code 15-70-704
- Alternative fuel: means a gas, liquid, or other fuel that, with or without adjustment or manipulation such as adjustment or manipulation of pressure or temperature, is capable of being used for the generation of power to propel a motor vehicle. See Montana Code 15-70-701
- Alternative fuel dealer: means a person that is licensed or required to be licensed under 15-70-702 that delivers alternative fuel into the fuel supply tank or tanks of a motor vehicle. See Montana Code 15-70-701
- Bond: means :
(a)a bond executed by an alternative fuel dealer as principal with a corporate surety qualified under the laws of Montana, payable to the state of Montana, conditioned on performance of all requirements of this part, including the payment of all taxes, penalties, and other obligations of the alternative fuel dealer arising out of this part; or
(b)a deposit with the department by the alternative fuel dealer, under terms and conditions that the department may prescribe, of certificates of deposit or irrevocable letters of credit issued by a bank and insured by the federal deposit insurance corporation. See Montana Code 15-70-701
- Department: means the department of transportation. See Montana Code 15-70-701
- Person: means a person, firm, association, joint-stock company, syndicate, partnership, or corporation. See Montana Code 15-70-701
- Property: means real and personal property. See Montana Code 1-1-205
- 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
- Taxes: means the taxes provided for in this chapter. See Montana Code 15-70-112
(2)The total amount of the bond or bonds required must be equivalent to twice the alternative fuel dealer’s estimated quarterly tax payments but may not be less than $1,000 for any alternative fuel dealer who:
(a)requests an alternative fuel dealer’s license to be reissued after the license was canceled for cause; or
(b)fails to file timely reports and pay the tax due as required by 15-70-714.
(3)A surety on a bond furnished as provided in this section must be released and discharged from any liability to the state accruing on the bond after 30 days from the date when the surety has provided to the department a written request to be released and discharged. However, this provision may not operate to relieve, release, or discharge the surety from any liability already accrued or that accrues before the expiration of the 30-day period. On receiving a release request, the department shall promptly notify the alternative fuel dealer who furnished the bond, and unless the dealer, on or before the expiration of the 30-day period, files a new bond in accordance with the requirements of this section or makes a deposit in lieu of a bond as described in 15-70-701(3)(b), the department shall cancel the dealer’s license.
(4)The department may require an alternative fuel dealer to give a new or additional surety bond or to deposit additional securities pursuant to 15-70-701(3)(b) if the department determines that the security of the surety bond previously filed by the dealer or the market value of the property deposited as security by the dealer is impaired or inadequate. If the alternative fuel dealer fails to give an additional surety bond or to deposit additional securities within 30 days after being requested to do so by the department, the department shall cancel the dealer’s license.