Mont. Code Ann. » TITLE 44. LAW ENFORCEMENT · CHAPTER 4. MISCELLANEOUS FUNCTIONS OF DEPARTMENT OF JUSTICE · Part 12. Montana 24/7 Sobriety and Drug Monitoring Program Act
Montana Code Annotated

Mont. Code Ann. § 44-4-1204 (2026)

Rulemaking -- Testing Fee

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  1. MCA Contents
  2. TITLE 44
  3. CHAPTER 4
  4. Part 12
  5. 44-4-1204 Rulemaking -- testing fee

TITLE 44. LAW ENFORCEMENT

CHAPTER 4. MISCELLANEOUS FUNCTIONS OF DEPARTMENT OF JUSTICE

Part 12. Montana 24/7 Sobriety and Drug Monitoring Program Act

Rulemaking -- Testing Fee

44-4-1204. Rulemaking -- testing fee. The attorney general shall adopt rules to implement this part. The rules must:

(1) provide for the nature and manner of testing and the procedures and apparatus to be used for testing;

(2) establish reasonable participation and testing fees for the program, including the collection of fees to pay the cost of installation, monitoring, and deactivation of any testing device;

(3) provide for the establishment and use of local accounts for the deposit of fees collected pursuant to these rules; and

(4) require and provide for the approval of a sobriety program data management technology plan that must be used by the department and participating law enforcement agencies to manage testing, data access, fees and fee payments, and any required reports.

History: En. Sec. 4, Ch. 318, L. 2011; amd. Sec. 4, Ch. 309, L. 2013.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2015–2025 · leading case: State v. Spady, 2015 MT 218, 354 P.3d 590.
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State v. Spady, 2015 MT 218, 354 P.3d 590. · cites it 10× “The District Court erred when it held that the 2013 version of § 44-4-1203(2) and (3), MCA, constituted an unconstitutional delegation of legislative authority as the 2013 amendments were not yet in effect and had no application to the case at bar.”
Victory Ins. v. State, 2025 MT 180, 573 P.3d 772. · cites it 2× “We determined that the policy behind the statute was present in the clear direction to fund and maintain the 24/7 Sobriety Program, the rationale behind the statute was implicitly to collect only those fees actually necessary to pay for the administration of the program (as…”
Mont. Code Ann. § 44-4-1204(2): 2 cases
State v. Spady, 2015 MT 218, 354 P.3d 590. “The District Court erred when it held that the 2013 version of § 44-4-1203(2) and (3), MCA, constituted an unconstitutional delegation of legislative authority as the 2013 amendments were not yet in effect and had no application to the case at bar.”
Victory Ins. v. State, 2025 MT 180, 573 P.3d 772. “We determined that the policy behind the statute was present in the clear direction to fund and maintain the 24/7 Sobriety Program, the rationale behind the statute was implicitly to collect only those fees actually necessary to pay for the administration of the program (as…”
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