BEFORE THE DEPARTMENT OF JUSTICE

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 23.3.953, 23.3.954, 23.3.955, 23.3.957, 23.3.960, 23.3.965, 23.3.970, 23.3.974, 23.3.976, 23.3.978, 23.3.980, 23.3.984, 23.3.990, 23.3.991, 23.3.992, 23.3.993, and 23.3.994 pertaining to alcohol analysis

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NOTICE OF AMENDMENT

 

TO: All Concerned Persons

 

1. On March 10, 2023, the Department of Justice published MAR Notice No. 23-3-268 pertaining to the proposed amendment of the above-stated rules at page 206 of the 2023 Montana Administrative Register, Issue Number 5.

 

2. The department has amended the following rules as proposed: ARM 23.3.953, 23.3.954, 23.3.955, 23.3.957, 23.3.960, 23.3.965, 23.3.970, 23.3.974, 23.3.976, 23.3.978, 23.3.980, 23.3.984, 23.3.990, and 23.3.991.

 

3. The department has amended the following rules as proposed, but with the following changes from the original proposal, new matter underlined, deleted matter interlined:

 

            23.3.992 IMPOSITION OF ADMINISTRATIVE FEE FOR ALCOHOL OR DRUG TEST REFUSAL (1) and (2) remain as proposed.

 

AUTH: 61-8-1016 61-8-1019, MCA

IMP: 61-8-1016 61-8-1019, MCA

 

            23.3.993  PAYMENT (1) remains as proposed.

 

AUTH: 61-8-1016 61-8-1019, MCA

IMP: 61-8-1016 61-8-1019, MCA

 

REASON: Section 61-8-402, MCA, was repealed in 2021 and was replaced by 61-8-1016, MCA.  However, the rulemaking authority currently resides in 61-8-1019, MCA, thereby necessitating a change to these rules' authority and implementation statutes.

 

            23.3.994 FEES DEPOSITED IN STATE SPECIAL REVENUE FUND  

            (1) remains as proposed.

            (2)  Funds in the account created in (1) shall be appropriated by the legislature for the purposes provided in 61-8-402 61-8-1016, MCA, and shall be distributed in accordance with the Montana Operations Manual accounting policies.

 

AUTH: 61-8-1016 61-8-1019, MCA

IMP: 61-8-1016 61-8-1019, MCA

 

REASON: Section 61-8-402, MCA, was repealed in 2021 and was replaced by 61-8-1016, MCA, which requires the change to the statutory reference in (2).  Although 61-8-402, MCA, was repealed and replaced by 61-8-1016, MCA, the rulemaking authority currently resides in 61-8-1019, MCA, thereby necessitating a change in this rule's authority and implementation statutes.

 

4. No comments or testimony were received.

 

 

/s/  DAVID ORTLEY                                    /s/ AUSTIN KNUDSEN                 

David Ortley                                                 Austin Knudsen

Deputy Attorney General                             Attorney General

Rule Reviewer                                             Department of Justice

           

Certified to the Secretary of State April 18, 2023.