Terms Used In Montana Code > Title 7 > Chapter 3 - Alternative Forms of Local Government

• Abandonment costs: means the costs incurred for resources acquired and abandoned pursuant to a plan. See Montana Code 69-3-1203
• Abuse: means any willful, negligent, or reckless mental, physical, sexual, or verbal mistreatment or maltreatment or misappropriation of personal property of any person receiving treatment in a mental health facility that insults the psychosocial, physical, or sexual integrity of any person receiving treatment in a mental health facility. See Montana Code 53-21-102
• Abuse: means conduct by a provider or other person involving disregard of and an unreasonable failure to conform with the statutes, regulations, and rules governing the medical assistance program when the disregard or failure results or may result in medical assistance payments to which the provider is not entitled. See Montana Code 53-6-1401
• accessory to a corner: means any exclusively identifiable physical object whose spatial relationship to the corner is recorded. See Montana Code 70-22-103
• accident: means any event in which a vehicle collides with any object, person, deceased person, or animal or any event in which a person is injured or killed or property damage is caused as a result of at least one vehicle's movement. See Montana Code 61-7-101
• Account: means an eligible participating account established under this chapter by or on behalf of an eligible individual. See Montana Code 53-25-103
• act: means the Montana Health and Economic Livelihood Partnership Act provided for in Title 39, chapter 12, and this part. See Montana Code 53-6-1303
• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• Administrative segregation: means a nonpunitive housing status for inmates whose continued presence in the general population may pose a serious threat to life, property, self, staff, other inmates, or the facility's security or orderly operation. See Montana Code 53-30-702
• Administrator: means the official, regardless of local title, who is ultimately responsible for the operation and management of a division, facility, or program. See Montana Code 53-30-702
• Adult: means an individual who is 18 years of age or older. See Montana Code 53-21-1401
• Advanced metering gateway device: means any electric utility meter component or device ancillary to the electric utility meter that is located at an end-user's residence or business and is equipped and programmed to communicate with electrical appliances, electrical equipment, or electrical devices within the end-user's residence or business or that is capable of estimating and recording electrical energy usage by types of appliances, electrical equipment, or electrical devices. See Montana Code 69-4-1001
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affidavit: means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provided in 1-6-105. See Montana Code 1-1-203
• Affiliate: means an entity closely connected or associated with a regulated energy utility. See Montana Code 69-3-1501
• Affiliate transaction: means a financial transaction between the utility operations of a regulated energy utility and an affiliate. See Montana Code 69-3-1501
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Agency: has the meaning provided for in 2-15-102. See Montana Code 2-17-602
• Agency: means a department, agency, or instrumentality of the state of Montana or of a political subdivision of the state, a department, agency, or instrumentality of two or more states or two or more political subdivisions of the state or of two or more states, or a person who has the authority to acquire property by eminent domain as provided in Title 70, chapter 30. See Montana Code 70-31-102
• Agent: means one of the following persons acting on behalf of a designated beneficiary:

  (a)a person acting under a power of attorney; or

  (b)if no person holds a power of attorney, a parent or legal guardian of the designated beneficiary. See Montana Code 53-25-103

• Agent: means a person who solicits the purchase of service contracts or transmits for another a service contract or application for a service contract to or from the company or who acts or aids in any manner in the delivery or negotiation of any service contract or of the renewal or continuance of a service contract. See Montana Code 61-12-301
• Agent: means a person designated in a directive to make health care decisions for the principal granting power. See Montana Code 53-21-1302
• Aggravated driving under the influence: means a person is in violation of 61-8-1002(1)(a), (1)(b), (1)(c), or (1)(d) and:

  (a)the person's alcohol concentration, as shown by analysis of the person's blood, breath, or other bodily substance, is 0. See Montana Code 61-8-1001

• Aggregator surcharge: means a charge to a customer by an entity that, in the ordinary course of its operations, makes telephones available to the public or to transient users of its premises for intrastate telephone calls using an operator service provider. See Montana Code 69-3-1102
• Agreement: means a written agreement between two or more electric facilities providers that identifies the geographical area to be served exclusively by each electric facilities provider that is a party to the agreement and any terms and conditions pertinent to the agreement. See Montana Code 69-5-102
• Agricultural improvement: includes , without limitation, sprinkler irrigation systems. See Montana Code 69-4-401
• Aircraft: has the meaning provided in 67-1-101. See Montana Code 61-2-502
• Airport: means an airport, as defined in 67-1-101, that does not have commercial automobile rental services available. See Montana Code 67-10-902
• Airstrip: means improved or unimproved landing areas on private land used by pilots to land, park, take off, unload, load, and taxi aircraft. See Montana Code 70-16-302
• Alcohol concentration: means either grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath, including as used in 16-6-305, 23-2-535, 45-5-207, 67-1-211, and this title. See Montana Code 61-8-1001
• Alcoholic beverage: means a compound produced for human consumption as a drink that contains 0. See Montana Code 61-8-1001
• Allegation: something that someone says happened.
• Ambulance: means a privately or publicly owned motor vehicle or aircraft that is maintained and used for the transportation of patients. See Montana Code 61-2-502
• Ambulance service: means a person providing ground or air ambulance transport, licensed under 50-6-306, that:

  (a)is in-network with at least two insurers that together provide coverage for at least 25% of health insurance insureds in the state; or

  (b)accepts insurance, including copayments, coinsurance, or deductibles, as payment in full and does not offer memberships under Title 33, chapter 2, part 22. See Montana Code 71-3-1113

• Amortization: Paying off a loan by regular installments.
• Ancillary agreement: means any bond, insurance policy, letter of credit, reserve account, surety bond, interest rate lock or swap arrangement, liquidity or credit support arrangement, or other financial arrangement entered into in connection with Montana energy impact assistance bonds that is designed to promote the credit quality and marketability of Montana energy impact assistance bonds or to mitigate the risk of an increase in interest rates. See Montana Code 69-3-1603
• Annual contribution limit: means the limit established in section 529A(b)(2) of the Internal Revenue Code, 26 U. See Montana Code 53-25-103
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Application: means a form executed by or on behalf of a prospective designated beneficiary to enter into a participating trust agreement and open an account. See Montana Code 53-25-103
• Appointee: means a person to which a powerholder makes an appointment of appointive property. See Montana Code 72-7-102
• Appointive property: means the property or property interest subject to a power of appointment. See Montana Code 72-7-102
• Appraisal: means a written statement, independently and impartially prepared by a qualified appraiser, setting forth an opinion of defined value of an adequately described property as of a specified date and supported by the presentation and analysis of relevant market information. See Montana Code 70-31-102
• Arrest: Taking physical custody of a person by lawful authority.
• Arterial highway: means a state highway designated by the commission as part of the noninterstate component of the national highway system, the primary highway system, and any highway so designated as a part of the secondary highway system that has been constructed and is being used primarily for through traffic on a continuous route. See Montana Code 60-5-102
• Ascendant: means an individual who precedes another individual in lineage, in the direct line of ascent from the other individual. See Montana Code 70-29-402
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Assignee: means any entity, including a corporation, partnership, board, trust, or financing vehicle, to which a utility assigns, sells, or transfers, other than as security, all or a portion of the utility's interest in or right to transition property. See Montana Code 69-8-103
• Assignee: means any person to which an interest in Montana energy impact assistance property is sold, assigned, transferred, or conveyed, other than as security, and any successor to or subsequent assignee of a person. See Montana Code 69-3-1603
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Auditor: means an individual or an entity, its agents, subcontractors, and employees that have contracted with the department to perform overpayment audits with respect to the medicaid program. See Montana Code 53-6-1401
• authority: means the entities in state, county, and municipal governments that have authority to construct, repair, and maintain highways, roads, and streets. See Montana Code 60-5-102
• Authority: means :

  (a)a municipal or regional airport authority as provided in Title 67, chapter 11;

  (b)a conservancy district as provided in Title 85, chapter 9;

  (c)a conservation district as provided in Title 76, chapter 15;

  (d)a drainage district as provided in Title 85, chapter 8;

  (e)an irrigation district as provided in Title 85, chapter 7;

  (f)a hospital district as provided in Title 7, chapter 34, part 21;

  (g)a water conservation and flood control district as provided in Title 76, chapter 5, part 11;

  (h)a county water and sewer district as provided in Title 7, chapter 13, part 22; or

  (i)an urban transportation district as provided in Title 7, chapter 14, part 2. See Montana Code 7-3-122

• 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
• Authorized agent agreement: means the written agreement executed between an authorized agent and the department that sets the technical and operational program standards, compliance criteria, payment options, and service expectations by which the authorized agent is required to operate in performing specific motor vehicle or driver-related record functions. See Montana Code 61-1-101
• Authorized emergency vehicle: means a vehicle of a governmental fire agency organized under Title 7, chapter 33, an ambulance, or an emergency vehicle designated or authorized by the department. See Montana Code 61-8-102
• Authorized emergency vehicle: has the meaning provided in 61-8-102. See Montana Code 61-9-102
• Autocycle: means a three-wheeled motorcycle that is equipped with safety belts, roll bars or roll hoops, a steering wheel, and seating that does not require the operator to straddle or sit astride it. See Montana Code 61-1-101
• Automated review: means a claim review that is made at the system level without a human being reviewing the medical record. See Montana Code 53-6-1401
• Available: means :

  (i)that services of an identified provider or providers have been found to be necessary and appropriate for the habilitation of a specific person by the person's individual treatment planning team;

  (ii)that funding for the services has been identified and committed for the person's immediate use; and

  (iii)that all providers have offered the necessary services for the person's immediate use. See Montana Code 53-20-102

• Axle: means a transverse beam that is the common axis of rotation of one or more wheels and that, to receive credit for allowable total gross loading, must be capable of continuously transmitting a proportionate share of the total gross load to the roadway when the axle is in operation. See Montana Code 61-10-104
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Behavioral health inpatient facility: means a facility or a distinct part of a facility of 16 beds or less licensed by the department that is capable of providing secure, inpatient psychiatric services, including services to persons with mental illness and co-occurring chemical dependency. See Montana Code 53-21-102
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Beneficiary: means the person named or otherwise designated in a trust indenture as the person for whose benefit a trust indenture is given or the person's successor in interest, who may not be the trustee. See Montana Code 71-1-303
• Beneficiary: means a person entitled to insurance benefits. See Montana Code 71-3-1113
• Beneficiary: means a person that receives property under a transfer on death deed. See Montana Code 72-6-402
• Beneficiary form: means a registration of a security that indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner. See Montana Code 72-6-301
• Bequest: Property gifted by will.
• Bicycle: means a vehicle propelled solely by human power on which any person may ride, irrespective of the number of wheels, except scooters, wheelchairs, and similar devices. See Montana Code 61-8-102
• Blanket-exercise clause: means a clause in an instrument that exercises a power of appointment and is not a specific-exercise clause. See Montana Code 72-7-102
• Blindness: means a visual disability in which:

  (i)a person's central visual acuity does not exceed 20/200 in the better eye with correcting lenses; or

  (ii)a person's visual field at the widest diameter subtends an angle no greater than 20 degrees. See Montana Code 53-7-301

• Block grant: means the federal community services block grant established under 42 U. See Montana Code 53-10-501
• Board: means the Montana state board of medical examiners provided for in 2-15-1731. See Montana Code 61-2-502
• board: means the board of professional engineers and professional land surveyors provided for in 2-15-1763. See Montana Code 70-22-103
• Board: means the board of investments created by 2-15-1808. See Montana Code 69-8-103
• Bodily injury: means :

  (a)a cut, abrasion, bruise, burn, or disfigurement;

  (b)physical pain;

  (c)illness;

  (d)impairment of the function of or loss of a bodily member, organ, or mental faculty; or

  (e)any other injury to the body, no matter how temporary. See Montana Code 69-14-1203

• Bondholder: means any holder or owner of Montana energy impact assistance bonds. See Montana Code 69-3-1603
• Boom: means an engineered structure that is either mechanically or hydraulically operated and that is capable of lifting and supporting an overhead, vertical load. See Montana Code 61-8-903
• Bribe: means anything of value or advantage, present or prospective, or any promise or undertaking to give anything of value or advantage, that is asked, given, or accepted with a corrupt intent to unlawfully influence the person to whom it is given in the person's action, vote, or opinion in any public or official capacity. See Montana Code 1-1-207
• Broker: means a person:

  (a)who engages in the business of offering to procure or procuring a motor vehicle, a trailer, a semitrailer, a pole trailer, a travel trailer, a motorboat, a personal watercraft, a snowmobile, or an off-highway vehicle on behalf of another; or

  (b)who represents to the public through solicitation, advertisement, or otherwise that the person is one who offers to procure or procures a motor vehicle, a trailer, a semitrailer, a pole trailer, a travel trailer, a motorboat, a personal watercraft, a snowmobile, or an off-highway vehicle by negotiating purchases, contracts, sales, or exchanges on behalf of another and who does not store, display, or take ownership of a motor vehicle, a trailer, a semitrailer, a pole trailer, a travel trailer, a motorboat, a personal watercraft, a snowmobile, or an off-highway vehicle. See Montana Code 61-4-131

• Bus: means a motor vehicle designed for carrying more than 10 passengers and used for the transportation of persons and any other motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation. See Montana Code 61-1-101
• Bus: means a motor vehicle with a manufacturer's rated seating capacity of 11 or more passengers, including the driver. See Montana Code 61-8-1001
• Business: means any lawful activity, except a farm operation, conducted:

  (a)primarily for the purchase, sale, lease, and rental of personal and real property and for the manufacture, processing, or marketing of products, commodities, or any other personal property;

  (b)primarily for the sale of services to the public;

  (c)primarily by a nonprofit organization; or

  (d)solely for the purposes of paying moving or related expenses to assist in the purchase, sale, resale, manufacture, processing, or marketing of products, commodities, personal property, or services by the erection and maintenance of an outdoor advertising display or displays, whether or not the display or displays are located on the premises on which any of the activities included as a business are conducted. See Montana Code 70-31-102

• Business district: means the territory contiguous to and including a highway when within any 600 feet along a highway there are buildings in use for business or industrial purposes, including but not limited to hotels, banks, office buildings, railroad stations, and public buildings that occupy at least 300 feet of frontage on one side or 300 feet collectively on both sides of the highway. See Montana Code 61-8-102
• Business entity: means a corporation, association, partnership, limited liability partnership, limited liability company, or other legal entity recognized under state law. See Montana Code 61-1-101
• Business sign: means a separately attached sign mounted on a motorist information sign panel to show the brand, symbol, trademark, or name, or combination of these, for a motorist service available on a crossroad at or near an interchange or intersection. See Montana Code 60-5-502
• Buyer: means a person, corporation, association, business entity, labor organization, the state of Montana or any of its political subdivisions, or any other entity that acquires a line of railroad, by purchase, lease, or other agreement, to continue the commercial transportation of goods or passengers. See Montana Code 69-14-1101
• Buying and selling service: means any act or acts of a company whereby the holder of a service contract with the company is aided in any way in the purchase or sale of an automobile. See Montana Code 61-12-301
• Bypassing: means any act, using any means, the purpose of which is to obtain utility service without having such service pass through the authorized meter provided for measuring or registering such service. See Montana Code 69-4-1102
• Camper: means a structure designed to be mounted in the cargo area of a truck or attached to an incomplete vehicle for the purpose of providing shelter for persons. See Montana Code 61-1-101
• Camper: has the meaning provided in 61-1-101. See Montana Code 61-8-1001
• Carbon offset provider: means a qualified third-party entity that arranges for projects or actions that either reduce carbon dioxide emissions or increase the absorption of carbon dioxide. See Montana Code 69-8-103
• carrier: means any provider of telecommunications services. See Montana Code 69-3-803
• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• Case manager: means a person who is responsible for service coordination, planning, and crisis intervention for persons who are eligible for community-based developmental disabilities services from the department of public health and human services. See Montana Code 53-20-102
• CDLIS driver record: means the electronic record of a person's commercial driver's license status and history stored as part of the commercial driver's license system established under 49 U. See Montana Code 61-1-101
• Census: means the number of residents occupying beds in a residential facility on a particular date. See Montana Code 53-20-102
• Center: means the intensive behavior center provided for in 53-20-602. See Montana Code 53-20-601
• Certificate of title: means the paper record issued by the department or by the appropriate agency of another jurisdiction that establishes a verifiable record of ownership between an identified person or persons and the motor vehicle specifically described in the record and that provides notice of a perfected security interest in the motor vehicle. See Montana Code 61-1-101
• Chambers: A judge's office.
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• Circumstantial evidence: All evidence except eyewitness testimony.
• Claim: means a communication, whether in oral, written, electronic, magnetic, or other form, that is used to claim specific services or items as payable or reimbursable under the medicaid program. See Montana Code 53-6-1401
• Claimant: means any of the following claiming compensation under this part:

  (a)a victim;

  (b)a dependent of a deceased victim; or

  (c)an authorized person acting on behalf of any of them. See Montana Code 53-9-103

• Cleaning expenses: means the actual and necessary cost of cleaning done by an owner or the owner's selected representative for cleaning needs not attributable to normal wear brought about by the tenant's failure to bring the premises to the condition it was at the time of renting. See Montana Code 70-25-101
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
• Collateral: means an individual who is related to another individual under the law of intestate succession of this state but who is not the other individual's ascendant or descendant. See Montana Code 70-29-402
• Collateral source: means a source of benefits, other than welfare benefits, or advantages for economic loss otherwise compensable under this part that the claimant has received or that is readily available to the claimant from:

  (a)the offender;

  (b)the government of the United States or any agency thereof, a state or any of its political subdivisions, or an instrumentality of two or more states, unless the law providing for the benefits or advantages makes them excess or secondary to benefits under this part;

  (c)social security, medicare, and medicaid;

  (d)workers' compensation;

  (e)wage continuation programs of any employer;

  (f)proceeds of a contract of insurance payable to the claimant for loss that was sustained because of the criminally injurious conduct;

  (g)a contract, including an insurance contract, providing hospital and other health care services or benefits for disability. See Montana Code 53-9-103

• Combination length: means the total length of a combination of vehicles, such as a truck tractor-semitrailer-trailer combination, measured from the front bumper of the motor vehicle to the back bumper or rear extremity of the last trailer, including the connection tongues. See Montana Code 61-10-104
• Combined trailer length: means the total length of a combination of trailers measured from the front of the first trailer, or the front bunk on a pole trailer, to the back of the last trailer, including the connection tongues and rear overhang. See Montana Code 61-10-104
• Commencement of work: means the date of the first visible change in the physical condition of the real estate caused by the first person furnishing services or materials pursuant to a particular real estate improvement contract. See Montana Code 71-3-522
• Commercial mobile radio service: means commercial mobile radio service as defined in 47 C. See Montana Code 69-3-803
• Commercial motor vehicle: means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the vehicle:

  (i)has a gross combination weight rating or a gross combination weight of 26,001 pounds or more, whichever is greater, inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds;

  (ii)has a gross vehicle weight rating or a gross vehicle weight of 26,001 pounds or more, whichever is greater;

  (iii)is designed to transport at least 16 passengers, including the driver;

  (iv)is a school bus; or

  (v)is of any size and is used in the transportation of hazardous materials. See Montana Code 61-1-101

• Commercial motor vehicle: has the meaning provided in 61-1-101. See Montana Code 61-8-1001
• Commission: means the state transportation commission. See Montana Code 61-1-101
• commission: means the public service commission provided for in 2-15-2602. See Montana Code 69-1-101
• Commission: means the Montana public service commission. See Montana Code 69-3-601
• Commission: means the Montana public service commission created in 2-15-2602. See Montana Code 69-3-701
• Commission: means the public service commission. See Montana Code 69-3-803
• Commission: means the Montana public service commission. See Montana Code 69-3-901
• Commissioner: means the commissioner of insurance of the state of Montana or the commissioner's assistants or deputies or other persons authorized to act for the commissioner. See Montana Code 61-12-301
• Commitment: means an order by a court requiring an individual to receive treatment for a mental disorder. See Montana Code 53-21-102
• Committee: means the achieving a better life experience program oversight committee established in 53-25-105. See Montana Code 53-25-103
• Committee: means the legislative consumer committee provided for in Title 5, chapter 15, part 1. See Montana Code 69-1-201
• Committee: means the committee on telecommunications access services for persons with disabilities established in 2-15-2212. See Montana Code 53-19-302
• Committee on committees: Committees formed in each party conference and responsible for nominating the party's Senators to committee membership and committee leadership positions. Nominations are subject to approval by the full party conference and to a formal vote of the Senate.
• Common disaster: A sudden and extraordinary misfortune that brings about the simultaneous or near-simultaneous deaths of two or more associated persons, such as husband and wife.
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Communication service: means the transmission of intelligence by electrical means, including but not limited to telephone, telegraph, messenger-call, clock, police, fire alarm, and traffic control circuits or the transmission of standard television or radio signals. See Montana Code 69-4-303
• Community: means the relevant market area of a franchise. See Montana Code 61-4-201
• Community corrections board: means a community corrections board as provided in 53-30-312. See Montana Code 53-30-303
• Community corrections facility or program: means a community-based or community-oriented facility or program, other than a jail, that:

  (a)is established by a local or tribal government and operated by a unit of local government, a tribal government, or a nongovernmental agency; and

  (b)provides programs and services to aid offenders in:

  (i)obtaining and holding regular employment;

  (ii)enrolling in and maintaining academic courses;

  (iii)participating in vocational training programs;

  (iv)utilizing the resources of the community to meet their personal and family needs;

  (v)obtaining the benefits of specialized treatment services that exist within the community; and

  (vi)paying restitution or performing community restitution to crime victims. See Montana Code 53-30-303

• Community engagement: means participation in the activities specified in 53-6-1308 as a means to improve a program participant's well-being and opportunities for self-sufficiency. See Montana Code 53-6-1303
• Community home for persons with severe disabilities: means a facility licensed by the department, as provided for in 52-4-201 through 52-4-205. See Montana Code 53-19-102
• Community mental health center: means a licensed mental health center that provides comprehensive public mental health services in a multicounty region under contract with the department, counties, or one or more service area authorities. See Montana Code 53-21-1001
• Community treatment plan: means a comprehensive, individualized plan of care that addresses the habilitation needs of and the risks posed by the behaviors of a respondent who is found to be seriously developmentally disabled. See Montana Code 53-20-102
• community-based services: means those facilities and services that are available for the evaluation, treatment, and habilitation of persons with developmental disabilities in a community setting. See Montana Code 53-20-102
• Company: means any person, firm, partnership, company, association, or corporation engaged in selling, furnishing, or procuring, either as principal or agent, for a consideration, motor club service. See Montana Code 61-12-301
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Comprehensive developmental disability system: means a system of services, including but not limited to the following basic services, with the intention of providing alternatives to institutionalization:

  (a)evaluation services;

  (b)diagnostic services;

  (c)treatment services;

  (d)day-care services;

  (e)training services;

  (f)education services;

  (g)employment services;

  (h)recreation services;

  (i)personal-care services;

  (j)domiciliary-care services;

  (k)special living arrangements services;

  (l)counseling services;

  (m)information and referral services;

  (n)follow-along services;

  (o)protective and other social and sociolegal services, including case management services as defined in 42 C. See Montana Code 53-20-202

• Conservation: means any reduction in electric power or natural gas consumption as a result of investment in measures that increase the efficiency of electricity or gas use in building shells, space heating or cooling equipment, water heating equipment, or refrigeration equipment or other cost-effective measures which, over its economic life meet the criteria of 69-3-702. See Montana Code 69-3-701
• Consumer counsel: means the consumer counsel provided for in Title 5, chapter 15, part 2. See Montana Code 69-1-201
• Consumer counsel: means the consumer counsel provided for in 5-15-201. See Montana Code 69-3-1203
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract price: means the amount agreed upon by the contracting parties for performing services and furnishing materials covered by the contract, increased or diminished by:

  (i)the price of change orders or extras;

  (ii)any amounts attributable to altered specifications; or

  (iii)a breach of contract, including but not limited to defects in workmanship or materials. See Montana Code 71-3-522

• Contracting owner: means a person who owns an interest in real estate and who, personally or through an agent, enters into an express or implied contract for the improvement of the real estate. See Montana Code 71-3-522
• Contribution: means a payment to an account for the benefit of a designated beneficiary. See Montana Code 53-25-103
• Contributor: means a person who makes a contribution to an account for the benefit of a designated beneficiary. See Montana Code 53-25-103
• Controlled-access facility: means and includes streets, alleys, public roads, private roads, and ways of passage intersecting a controlled-access highway and real property contiguous to the right-of-way of a controlled-access highway. See Montana Code 60-5-102
• Controlled-access highway: means those portions of an interstate highway, throughway, or throughway intersection that the commission designates for through traffic or other commission-designated highway system or state highway over, from, or to which owners or occupants of abutting land or other persons have no easement of access or only a limited easement of access, light, air, or view. See Montana Code 60-5-102
• Controlled-access highway: means a highway, street, or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the highway, street, or roadway except at the points and in the manner as determined by the public authority having jurisdiction over the highway, street, or roadway. See Montana Code 61-8-102
• conversion: means the removal of all or any part of any existing overhead electric or communications facilities and the replacement thereof with underground electric or communication facilities constructed at the same or different locations. See Montana Code 69-4-303
• Conviction: has the meaning provided in 61-5-213 resulting from a violation of traffic regulations on highways in this state or a traffic statute or traffic regulation in another jurisdiction. See Montana Code 61-11-203
• Cooperative utility: means :

  (a)a utility qualifying as an electric cooperative pursuant to Title 35, chapter 18; or

  (b)an existing municipal electric utility as of May 2, 1997. See Montana Code 69-8-103

• Corporation: means an entity organized and existing pursuant to Title 35, chapter 1 or 2, and approved or designated by a local governmental entity. See Montana Code 53-30-503
• Corruptly: means a wrongful design to acquire or cause some pecuniary or other advantage to the person guilty of the act or omission referred to or to some other person. See Montana Code 1-1-204
• Cost: means the gross cost of constructing new electric service facilities to the premises, using new materials and similar design standards required to meet the load, from a point where there is existing electrical capacity to serve. See Montana Code 69-5-102
• Cost-effective carbon offsets: means any combination of certified actions that are taken to reduce carbon dioxide emissions or that increase the absorption of carbon dioxide, which collectively do not increase the cost of electricity produced annually on a per-megawatt-hour basis by more than 2. See Montana Code 69-8-103
• Counterclaim: A claim that a defendant makes against a plaintiff.
• Court: means any district court of the state of Montana. See Montana Code 53-21-102
• Court: means a district court of the state of Montana. See Montana Code 53-20-102
• Courtesy car: means a motor vehicle provided by, and titled in the name of, a municipality or third party for the purposes of and pursuant to the conditions set out in this part. See Montana Code 67-10-902
• Criminally injurious conduct: means conduct that:

  (a)occurs or is attempted in this state or an act of international terrorism, as defined in 18 U. See Montana Code 53-9-103

• Crisis: means a serious, unexpected situation resulting from an individual's apparent mental illness in which the individual's symptoms are of sufficient severity, as determined by a mental health practitioner, to require immediate care to avoid:

  (a)jeopardy to the life or health of the individual; or

  (b)death or bodily harm to the individual or to others. See Montana Code 53-21-1401

• Crisis stabilization: means development and implementation of a short-term intervention to respond to a crisis in order to:

  (a)reduce the severity of an individual's symptoms of mental illness; and

  (b)attempt to prevent the individual from receiving services in a more restrictive environment. See Montana Code 53-21-1401

• Crossroad: means a marked route or other public road intersecting a freeway or divided highway for which access is provided at an interchange or intersection. See Montana Code 60-5-502
• Crosswalk: means :

  (i)that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or, in the absence of curbs, from the edges of the traversable roadway; or

  (ii)any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrians crossing by lines or other markings on the surface. See Montana Code 61-8-102

• Custom vehicle: means a motor vehicle other than a motorcycle that:

  (a)(i) was manufactured with a model year after 1948 and that is at least 25 years old; or

  (ii)was built to resemble a vehicle manufactured after 1948 and at least 25 years before the current calendar year, including a kit vehicle intended to resemble a vehicle manufactured after 1948 and that is at least 25 years old; and

  (b)has been altered from the manufacturer's original design or has a body constructed from nonoriginal materials. See Montana Code 61-1-101

• Custom-built motorcycle: means a motorcycle that is equipped with:

  (a)an engine that was manufactured 20 years prior to the current calendar year and that has been altered from the manufacturer's original design; or

  (b)an engine that was manufactured to resemble an engine 20 or more years old and that has been constructed in whole or in part from nonoriginal materials. See Montana Code 61-1-101

• Customary: means according to usage. See Montana Code 1-1-206
• Customer: means a person who makes an intrastate telephone call through an operator service provider or the person accepting a collect telephone call made through an operator service provider. See Montana Code 69-3-1102
• Customer: means a natural gas customer or consumer of natural gas supply or natural gas transmission facilities, storage facilities, or distribution facilities. See Montana Code 69-3-1402
• Customer: means a person who takes electric service from an electric utility for consumption of electricity in Montana. See Montana Code 69-3-1603
• Customer identification number: means :

  (a)a driver's license or identification card number when the customer is an individual who has been issued a driver's license or identification card by a state driver licensing authority;

  (b)a federal employer or tax identification number when the customer is a business entity that has been issued a federal employer or tax identification number;

  (c)the identification number assigned by the secretary of state to a business entity authorized to do business in this state under Title 35 if the customer is a business entity that does not have a federal employer or tax identification number other than a social security number; or

  (d)if the customer has not been issued one of the numbers described in subsections (14)(a) through (14)(c), a number assigned to the customer by the department when a transaction is initiated under this title. See Montana Code 61-1-101

• Customer-generator: means a user of a net metering system. See Montana Code 69-8-103
• Damage: means any and all tangible loss, injury, or deterioration of a leasehold premises caused by the willful or accidental acts of the tenant occupying the leasehold premises or by the tenant's family, licensees, or invitees, as well as any and all tangible loss, injury, or deterioration resulting from the tenant's omissions or failure to perform any duty imposed upon the tenant by law with respect to the leasehold. See Montana Code 70-25-101
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dealer: means a person that, for commission or profit, engages in whole or in part in the business of buying, selling, exchanging, or accepting on consignment new or used motor vehicles, trailers, semitrailers, pole trailers, travel trailers, motorboats, sailboats, snowmobiles, off-highway vehicles, or special mobile equipment that is not registered in the name of the person. See Montana Code 61-1-101
• Decedent: A deceased person.
• Declared weight: means the total unladen weight of a vehicle plus the weight of the maximum load to be carried on the vehicle as stated by the registrant in the application for registration. See Montana Code 61-1-101
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Demand-side management programs: means energy efficiency, energy conservation, load management, and demand response or any combination of these measures implemented by an electric utility. See Montana Code 69-3-1203
• Dentist: means a person practicing dentistry as provided in 37-4-101. See Montana Code 71-3-1113
• Department: means the department of corrections created in 2-15-2301. See Montana Code 53-30-303
• Department: means the department of corrections. See Montana Code 53-30-503
• Department: means the department of corrections provided for in 2-15-2301. See Montana Code 53-30-602
• Department: means the department of corrections provided for in 2-15-2301. See Montana Code 53-30-702
• Department: means the department of transportation provided for in 2-15-2501. See Montana Code 60-5-502
• Department: means the department of transportation provided for in 2-15-2501. See Montana Code 61-2-502
• Department: means the department of justice acting directly or through its duly authorized officers or agents. See Montana Code 61-1-101
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-21-102
• Department: means the department of justice provided for in 2-15-2001. See Montana Code 61-8-903
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-25-103
• department: means the department of transportation. See Montana Code 61-12-201
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-6-1303
• Department: means the department of revenue provided for in 2-15-1301. See Montana Code 72-16-1001
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-6-1401
• Department: means the department of justice. See Montana Code 61-13-102
• Department: means the department of public service regulation provided for in Title 2, chapter 15, part 26. See Montana Code 69-1-401
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-7-301
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-10-501
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-18-101
• Department: means the department of public health and human services established in 2-15-2201. See Montana Code 53-19-102
• Department: means the department of revenue. See Montana Code 53-19-302
• Department: means the department of public health and human services. See Montana Code 53-20-202
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 53-20-601
• Dependent: means a natural person who is recognized under the law of this state to be wholly or partially dependent upon the victim for care or support and includes a child of the victim conceived before the victim's death but born after the victim's death, including a child that is conceived as a result of the criminally injurious conduct. See Montana Code 53-9-103
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Deposition: means a written declaration under oath or affirmation, made upon notice to the adverse party for the purpose of enabling the adverse party to attend and cross-examine. See Montana Code 1-1-202
• Descendant: means an individual who follows another individual in lineage, in the direct line of descent from the other individual. See Montana Code 70-29-402
• Designated beneficiary: means the eligible individual on whose behalf an account is established. See Montana Code 53-25-103
• Designated beneficiary: means a person designated to receive property in a transfer on death deed. See Montana Code 72-6-402
• Designated family member: means the spouse, child, grandchild, parent, brother, or sister of a new motor vehicle dealer, as defined in 61-4-201, who:

  (i)in the case of a deceased dealer:

  (A)is entitled to inherit the dealer's ownership interest in the dealership under the terms of the dealer's will or under the laws of intestate succession of this state; or

  (B)has otherwise been designated in writing by a deceased dealer to succeed the deceased in the motor vehicle dealership; or

  (ii)in the case of an incapacitated dealer, has been appointed by a court as the legal representative of the dealer's property. See Montana Code 61-4-131

• Determination of value: means a court order determining the fair market value of heirs property under 70-29-410 or 70-29-414 or adopting the valuation of the property agreed to by all cotenants. See Montana Code 70-29-402
• Developmental disabilities: means disabilities attributable to intellectual disability, cerebral palsy, epilepsy, autism, or any other neurologically disabling condition closely related to intellectual disability and requiring treatment similar to that required by intellectually disabled individuals if the disability originated before the person attained age 18, has continued or can be expected to continue indefinitely, and results in the person having a substantial disability. See Montana Code 53-20-202
• Developmental disabilities facility: means any service or group of services offering care to persons with developmental disabilities on an inpatient, outpatient, residential, clinical, or other programmatic basis. See Montana Code 53-20-202
• Developmental disabilities professional: means a licensed psychologist, a licensed psychiatrist, or a person with a master's degree in psychology, who:

  (a)has training and experience in psychometric testing and evaluation;

  (b)has experience in the field of developmental disabilities; and

  (c)is certified, as provided in 53-20-106, by the department of public health and human services. See Montana Code 53-20-102

• Developmental disability: means a disability that:

  (a)is attributable to intellectual disability, cerebral palsy, epilepsy, autism, or any other neurologically disabling condition closely related to intellectual disability;

  (b)requires treatment similar to that required by intellectually disabled individuals;

  (c)originated before the individual attained age 18;

  (d)has continued or can be expected to continue indefinitely; and

  (e)results in the person having a substantial disability. See Montana Code 53-20-102

• Developmental disability: has the meaning provided in 53-20-102. See Montana Code 53-20-601
• Devise: To gift property by will.
• Direct skip: has the meaning given in section 2612(c), Internal Revenue Code. See Montana Code 72-16-1001
• Directive: means a mental health care advance directive or any part of a mental health care advance directive. See Montana Code 53-21-1302
• Disability: means a physical or mental impairment that substantially limits one or more of a person's major life activities, a person who has a record of such an impairment, or a person who is regarded as having such an impairment. See Montana Code 53-30-702
• Disability: means a permanent physical or mental condition recognized as a disability by Title VII of the federal Rehabilitation Act of 1973, 29 U. See Montana Code 53-19-102
• Disability certifications: means disability certifications as defined in section 529A(e)(2) of the Internal Revenue Code, 26 U. See Montana Code 53-25-103
• Disciplinary detention: means a form of separation from the general population in which an inmate who has committed a serious violation of conduct regulations is confined to an individual cell by a disciplinary committee or other authorized group for short periods of time. See Montana Code 53-30-702
• Disclose: means to engage in any practice or conduct that makes available or known, by means of any communication to another person, organization, or entity, personal information contained in a motor vehicle record. See Montana Code 61-11-503
• Discount service: means any act or acts by a company resulting in the giving of special discounts, rebates, or reductions of price on gasoline, oil, repairs, insurance, parts, accessories, or service for motor vehicles to holders of service contracts with the company. See Montana Code 61-12-301
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Displaced person: means :

  (i)any person who moves from real property or moves that person's personal property from real property:

  (A)as a direct result of a written notice of intent to acquire or by the acquisition of the real property, in whole or in part, for a program or project undertaken by a displacing agency for which federal financial assistance will be available to pay all or any part of the cost; or

  (B)on which the person is a residential tenant or conducts a small business, farm operation, or a business defined in subsection (4)(d), as a direct result of rehabilitation, demolition, or other displacing activity prescribed by the agency under a program or project undertaken by a displacing agency that has determined that the displacement is permanent and for which federal financial assistance will be available to pay all or any part of the cost;

  (ii)any person who, for purposes of providing moving and related expenses or relocation advisory services only, moves from real property or moves that person's personal property from real property as a direct result of:

  (A)a written notice of intent to acquire or as a direct result of the acquisition of other real property, in whole or in part, on which the person conducts a business or farm operation, for a program or project undertaken by a displacing agency; or

  (B)the rehabilitation, demolition, or other displacing activity prescribed by the agency under a program or project undertaken by a displacing agency that has determined that the displacement is permanent. See Montana Code 70-31-102

• Distribute: means to sell new motor vehicles other than at retail or to enter into a franchise agreement authorizing a dealer to buy new motor vehicles for resale or to service motor vehicles under a manufacturer's or distributor's warranty. See Montana Code 61-4-201
• Distribution facilities: means those facilities by and through which electricity is received from a transmission services provider and distributed to the customer that are controlled or operated by a distribution utility. See Montana Code 69-5-102
• Distribution facilities: means those facilities by and through which electricity is received from transmission facilities and distributed to a retail customer and that are controlled or operated by a utility. See Montana Code 69-8-103
• Distribution facilities: means those facilities that are not transmission facilities:

  (a)by and through which natural gas is received from a transmission services provider and transmitted to the customer; and

  (b)operated by a distribution services provider. See Montana Code 69-3-1402

• Distribution service: means the function of delivering electricity to the public by a distribution utility. See Montana Code 69-5-102
• Distribution services provider: means a person controlling or operating distribution facilities for distribution of natural gas to the public. See Montana Code 69-3-1402
• Distribution utility: means a utility owning distribution facilities for distribution of electricity to the public. See Montana Code 69-5-102
• Distributor branch: means a branch office maintained or availed of by a distributor or wholesaler for the sale of a line-make of new motor vehicles to new motor vehicle dealers in this state for directing or supervising its representatives in this state. See Montana Code 61-4-201
• Docket: A log containing brief entries of court proceedings.
• Domiciled: means a place where:

  (a)an individual establishes residence;

  (b)a business entity maintains its principal place of business;

  (c)the business entity's registered agent maintains an address; or

  (d)a business entity most frequently uses, dispatches, or controls a motor vehicle, trailer, semitrailer, or pole trailer that it owns or leases. See Montana Code 61-1-101

• Donee: The recipient of a gift.
• Donor: The person who makes a gift.
• Donor: means a person who creates a power of appointment. See Montana Code 72-7-102
• Dower: A widow
• Downgrade: means the removal of a person's privilege to operate a commercial motor vehicle, as maintained by the department on the individual Montana driving record and the CDLIS driver record for that person. 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
• driveway: means a way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons. See Montana Code 61-8-102
• Drug: means any substance that when taken into the human body can impair a person's ability to operate a vehicle safely. See Montana Code 61-8-1001
• DUI court: means any court that has established a special docket for handling cases involving persons convicted under 61-8-1007 or 61-8-1008 and that implements a program of incentives and sanctions intended to assist a participant to complete treatment ordered pursuant to 61-8-1009 and to end the participant's criminal behavior associated with the use of alcohol or drugs. See Montana Code 61-8-1001
• Electric cooperative: means a rural electric cooperative organized under the laws of Montana, or a foreign corporation admitted to do business in Montana. See Montana Code 69-3-601
• Electric facilities provider: means any utility that provides electric service facilities to the public. See Montana Code 69-5-102
• Electric infrastructure or facility: means :

  (a)any portion of an electrical generating facility owned by an electric utility used to serve customers in Montana; or

  (b)any infrastructure or facility involved in the transmission or delivery of electricity to Montana customers; or

  (c)associated cleanup or remediation of an electrical generating facility. See Montana Code 69-3-1603

• Electric or communication facilities: means any works or improvements used or useful in providing electric or communication service, including but not limited to poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, capacitors, meters, communication circuits, appliances, attachments, and appurtenances. See Montana Code 69-4-303
• Electric personal assistive mobility device: means a device that has two nontandem wheels, is self-balancing, and is designed to transport only one person with an electric propulsion system that limits the maximum speed of the device to 12 1/2 miles an hour. See Montana Code 61-1-101
• Electric service facilities: means any distribution or transmission system or related facility necessary to provide electricity to the premises, including lines. See Montana Code 69-5-102
• Electric transmission line: means a line used to convey electrical energy connected to transmission facilities that is energized at 115 kilovolts or more phase to phase. See Montana Code 69-5-201
• Electric utility: means any electric utility regulated by the commission pursuant to Title 69, chapter 3, including the electric utility's successors or assignees. See Montana Code 69-3-1603
• Electric vehicle: means a vehicle that:

  (i)is originally equipped with a 100%-electric motor that draws propulsion energy solely from a battery with at least 20 kilowatt hours of capacity that can be recharged from an external source of electricity;

  (ii)has at least four wheels; and

  (iii)is manufactured primarily for use on public streets, roads, and highways. See Montana Code 61-3-571

• Electric vehicle charging station: means a commercial charging station including all required equipment for the provision of power and fueling of electric vehicles. See Montana Code 69-8-801
• Electricity supplier: means any person, corporation, or governmental entity that:

  (a)sells electricity to customers at retail rates in the state; and

  (b)is not a public utility or a cooperative. See Montana Code 69-5-102

• Electricity supply costs: means the actual costs incurred in providing electricity supply service through power purchase agreements, demand-side management, and energy efficiency programs, including but not limited to:

  (a)capacity costs;

  (b)energy costs;

  (c)fuel costs;

  (d)ancillary service costs;

  (e)transmission costs, including congestion and losses;

  (f)planning and administrative costs; and

  (g)any other costs directly related to the purchase of electricity and the management and provision of power purchase agreements. See Montana Code 69-8-103

• Electricity supply resource: means :

  (a)contracts for electric capacity and generation;

  (b)plants owned or leased by a utility or equipment used to generate electricity;

  (c)customer load management and energy conservation programs; or

  (d)other means of providing adequate, reliable service to customers, as determined by the commission. See Montana Code 69-8-103

• Electricity supply service: means the provision of electricity supply and related services through power purchase agreements, the acquisition and operation of electrical generation facilities, demand side management, and energy efficiency programs. See Montana Code 69-5-102
• Electricity supply service: means the provision of electricity supply and related services through power purchase agreements, the acquisition and operation of electrical generation facilities, demand-side management, and energy efficiency programs. See Montana Code 69-8-103
• Eligible individual: means an eligible individual as defined in section 529A(e)(1) of the Internal Revenue Code, 26 U. See Montana Code 53-25-103
• Eligible telecommunications carrier: means a telecommunications provider designated by the commission under 69-3-840. See Montana Code 69-3-803
• Emergency care provider: means a person licensed by the board, including but not limited to an emergency medical responder, an emergency medical technician, an advanced emergency medical technician, or a paramedic. See Montana Code 61-2-502
• Emergency medical service: means an out-of-hospital treatment service or interfacility emergency medical transportation provided by an ambulance or nontransporting medical unit. See Montana Code 61-2-502
• Emergency road service: means any act or acts by a company consisting of the adjustment, repair, or replacement of the equipment, tires, or mechanical parts of any automobile so as to permit it to be operated under its own power. See Montana Code 61-12-301
• Emergency service vehicle: means an emergency service vehicle of a state, county, or municipal department or a public service vehicle, commercial tow truck, or commercial road service truck, which by the nature of its operation causes a vehicular traffic hazard. See Montana Code 61-9-102
• Emergency situation: means :

  (a)a situation in which any person is in imminent danger of death or bodily harm from the activity of a person who appears to be suffering from a mental disorder and appears to require commitment; or

  (b)a situation in which any person who appears to be suffering from a mental disorder and appears to require commitment is substantially unable to provide for the person's own basic needs of food, clothing, shelter, health, or safety. See Montana Code 53-21-102

• End user connection: means a customer's connection to a service provider's network. See Montana Code 53-19-302
• Energy conservation: means the decrease in electricity requirements of specific customers during any selected time period, resulting in a reduction in end-use services. See Montana Code 69-3-1203
• Energy efficiency: means the decrease in electricity requirements of specific customers during any selected period with end-use services of those customers held constant. See Montana Code 69-3-1203
• Enter railroad property: includes but is not limited to performing vandalism or other unlawful activity on railroad property. See Montana Code 69-14-1203
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Entity: means any party procuring power for the commercial purpose of electric vehicle charging. See Montana Code 69-8-801
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. ^{Source: OCC}
• Established place of business: means the geographic location upon which a permanent building is located that is actually occupied either continuously or at regular periods by a person licensed under this part. See Montana Code 61-4-131
• Event data recorder: has the meaning provided in 49 C. See Montana Code 61-12-1001
• Executor: A male person named in a will to carry out the decedent
• Explosives: means any chemical compound or mechanical mixture that is commonly used or intended for the purpose of producing an explosion and that contains any oxidizing and combustive units or other ingredients in such proportions, quantities, or packing that an ignition by fire, friction, concussion, percussion, or detonator of any part of the compound or mixture may cause a sudden generation of highly heated gases so that the resultant gaseous pressures are capable of producing destructive effects on contiguous objects or of destroying life or limb. See Montana Code 61-9-102
• Express consent: means an affirmative authorization given in writing by a person to whom personal information pertains that specifically allows the department to release personal information to another person, organization, or entity. See Montana Code 61-11-503
• Extrapolation: means the determination of an unknown value by projecting the results of a review of a sample to the universe from which the sample was drawn. See Montana Code 53-6-1401
• Facility: means a state prison as defined in 53-30-101(1), (2), and (4) or a correctional facility pursuant to 52-5-101. See Montana Code 53-30-702
• facility: means the state hospital, the Montana mental health nursing care center, or a hospital, a behavioral health inpatient facility, a mental health center, a residential treatment facility, or a residential treatment center licensed or certified by the department that provides treatment to children or adults with a mental disorder. See Montana Code 53-21-102
• facility: means :

  (a)the Montana developmental center; or

  (b)a private, community-based facility approved by the department of public health and human services as a facility able to meet the needs of individuals committed to a residential facility pursuant to this chapter or placed in a residential facility pursuant to Title 46, chapter 14. See Montana Code 53-20-102

• Factory branch: means a branch office maintained or availed of by a manufacturer for the sale of a line-make of new motor vehicles to distributors or for the sale of new motor vehicles to new motor vehicle dealers in this state or for directing or supervising its representatives in this state. See Montana Code 61-4-201
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Farm operation: means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use and customarily producing agricultural products or commodities in sufficient quantity to be capable of contributing materially to the operator's support. See Montana Code 70-31-102
• Farm tractor: means a motor vehicle designed and used primarily as a farm implement for drawing plows, mowing machines, and other implements of husbandry. See Montana Code 61-9-102
• farmer: means a person who operates a farm or who is directly involved in the cultivation of land or crops or the raising of livestock owned by or under the direct control of that person;

  (ii)"gross combination weight rating" means the value specified by the manufacturer as the loaded weight of a combination or articulated vehicle;

  (iii)"gross vehicle weight rating" means the value specified by the manufacturer as the loaded weight of a single vehicle; and

  (iv)"school bus" has the meaning provided in 49 C. See Montana Code 61-1-101

• Federal financial assistance: means a grant, loan, or contribution provided by the United States, except any federal guarantee or insurance. See Montana Code 70-31-102
• Federal generation-skipping transfer tax: means the tax imposed by section 2601, Internal Revenue Code. See Montana Code 72-16-1001
• Federally registered planning authority: means a regional transmission organization responsible for moving electricity, planning for the movement of electricity, or both over large interstate areas registered with the federal energy regulatory commission. See Montana Code 69-5-201
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Female: means a member of the human species who, under normal development, has XX chromosomes and produces or would produce relatively large, relatively immobile gametes, or eggs, during her life cycle and has a reproductive and endocrine system oriented around the production of those gametes. See Montana Code 1-1-201
• Fiduciary: A trustee, executor, or administrator.
• Finance administrator: means the individual responsible for the financial administration of the local government and generally means the county or city treasurer or town clerk unless the alternative form or governing body specifies a different individual. See Montana Code 7-3-122
• finance agency: means a person, firm, association, corporation, or other organization engaged in the business of buying, selling, assigning, dealing, financing, or acquiring conditional contracts of sale or engaged in the business of purchasing or acquiring promissory notes or any other form or evidences of indebtedness of sale, either secured by vendor's lien, conditional bill of sale, chattel mortgage, or leases arising out of the sale of motor vehicles in this state. See Montana Code 61-4-402
• Financial institution: means a bank, commercial bank, national bank, savings bank, savings and loan association, credit union, insurance company, trust company, investment adviser, or other similar entity that is authorized to do business in this state. See Montana Code 53-25-103
• Financial service: means any act or acts by a company whereby loans or other advances of money, with or without security, are made to holders of service contracts with the company. See Montana Code 61-12-301
• Financing costs: means , if approved by the commission in a financing order, costs to issue, service, repay, or refinance Montana energy impact assistance bonds, whether incurred or paid on issuance of the Montana energy impact assistance bonds or over the life of the bonds. See Montana Code 69-3-1603
• Financing order: means an order of the commission adopted in accordance with 69-8-503 that authorizes the imposition and collection of fixed transition amounts and the issuance of transition bonds. See Montana Code 69-8-103
• Financing order: means an order issued by the commission in accordance with 69-3-1606 that grants, in whole or in part, an application filed pursuant to 69-3-1605 authorizing the issuance of Montana energy impact assistance bonds in one or more series, the imposition, charging, and collection of Montana energy impact assistance charges, and the creation of Montana energy impact assistance property. See Montana Code 69-3-1603
• Financing party: means holders of Montana energy impact assistance bonds and trustees, collateral agents, any party under an ancillary agreement, or any other person acting for the benefit of Montana energy impact assistance bondholders. See Montana Code 69-3-1603
• First purchaser: means the first person who under contract purchases oil or gas from an interest owner at or after the time the oil or gas is severed. See Montana Code 71-3-1602
• Fixed transition amounts: means those nonbypassable rates or charges, including but not limited to:

  (i)distribution;

  (ii)connection;

  (iii)disconnection; and

  (iv)termination rates and charges that are authorized by the commission in a financing order to permit recovery of transition costs and the costs of recovering, reimbursing, financing, or refinancing the transition costs and of acquiring transition property through a plan approved by the commission in the financing order, including the costs of issuing, servicing, and retiring transition bonds. See Montana Code 69-8-103

• Flag person: means a person who directs, controls, or alters the normal flow of vehicular traffic on a street or highway as a result of a vehicular traffic hazard then present on that street or highway. See Montana Code 61-8-102
• Flying of aircraft: means the operation of aircraft, including but not limited to landing, parking, taking off, unloading, loading, and taxiing of aircraft at an airstrip. See Montana Code 70-16-302
• Followup audit: means a followup overpayment audit of additional claims data or provider records or both for a particular service code reviewed in an initial overpayment audit after an initial audit has demonstrated a significant error rate with respect to the code to determine whether the provider has complied with applicable medicaid rules, regulations, policies, and agreements. See Montana Code 53-6-1401
• For hire: means an action performed for remuneration of any kind, whether paid or promised, either directly or indirectly, or received or obtained through leasing, brokering, or buy-and-sell arrangements from which a remuneration is obtained or derived for transportation service. See Montana Code 61-1-101
• Forbearance: A means of handling a delinquent loan. A
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• form: means one of the types of local government enumerated in 7-3-102 and the type of government described in 7-3-111. See Montana Code 7-3-122
• Franchise: means a contract and any agreed-to amendments between or among two or more persons when all of the following conditions are included:

  (a)a commercial relationship of definite duration or continuing indefinite duration is involved;

  (b)the franchisee is granted the right to:

  (i)offer, sell, and service in this state new motor vehicles manufactured or distributed by the franchisor; or

  (ii)service motor vehicles pursuant to the terms of a franchise and a manufacturer's warranty;

  (c)the franchisee, as an independent and separate business, constitutes a component of the franchisor's distribution system; and

  (d)the operation of the franchisee's business is substantially reliant on the franchisor for the continued supply of new motor vehicles, parts, and accessories. See Montana Code 61-4-201

• Franchisee: means a person awarded a franchise as provided in 60-5-505. See Montana Code 60-5-502
• Franchisee: means a person who receives new motor vehicles from the franchisor under a franchise and who offers, sells, and services the new motor vehicles to and for the general public. See Montana Code 61-4-201
• Franchisor: means a person who manufactures, imports, or distributes new motor vehicles and who may enter into a franchise. See Montana Code 61-4-201
• Fraud: Intentional deception resulting in injury to another.
• Fraud: means conduct or activity prohibited by statute, regulation, or rule involving purposeful or knowing conduct or omission to perform a duty that results in or may result in medicaid payments to which a provider is not entitled. See Montana Code 53-6-1401
• Friend of respondent: means any person willing and able to assist a person suffering from a mental disorder and requiring commitment or a person alleged to be suffering from a mental disorder and requiring commitment in dealing with legal proceedings, including consultation with legal counsel and others. See Montana Code 53-21-102
• Fund: means the universal service fund established in 69-3-842. See Montana Code 69-3-803
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• General power of appointment: means a power of appointment exercisable in favor of the powerholder, the powerholder's estate, a creditor of the powerholder, or a creditor of the powerholder's estate. See Montana Code 72-7-102
• Generation-skipping transfer: means the generation-skipping transfer defined in section 2611, Internal Revenue Code, when the original transferor is a resident of Montana on the date of the original transfer or when the property is real or personal property located in Montana. See Montana Code 72-16-1001
• Germane: On the subject of the pending bill or other business; a strict standard of relevance.
• Gift-in-default clause: means a clause identifying a taker in default of appointment. See Montana Code 72-7-102
• Golf cart: means a motor vehicle that is designed for use on a golf course to carry a person or persons and golf equipment and that has an average speed of less than 15 miles per hour. See Montana Code 61-1-101
• Governing body: means the board of county commissioners or city council, as may be appropriate, depending on whether the special improvement district is located in a county or within a city or town. See Montana Code 69-4-303
• Governing body: means the commission or the town meeting legislative body established in the alternative form of a local government under Title 7, chapter 3, parts 1 through 7. See Montana Code 7-3-122
• Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
• Grantor: The person who establishes a trust and places property into it.
• Grantor: means the person conveying real property by a trust indenture as security for the performance of an obligation. See Montana Code 71-1-303
• Gross estate: The total fair market value of all property and property interests, real and personal, tangible and intangible, of which a decedent had beneficial ownership at the time of death before subtractions for deductions, debts, administrative expenses, and casualty losses suffered during estate administration.
• Gross vehicle weight: means the weight of a vehicle without load plus the weight of any load on the vehicle. See Montana Code 61-1-101
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
• Habilitation: means the process by which a person who has a developmental disability is assisted in acquiring and maintaining those life skills that enable the person to cope more effectively with personal needs and the demands of the environment and in raising the level of the person's physical, mental, and social efficiency. See Montana Code 53-20-102
• Habitual traffic offender: means any person who within a 3-year period accumulates 30 or more conviction points according to the schedule specified in subsection (2). See Montana Code 61-11-203
• Hazardous material: means :

  (a)any material that has been designated as hazardous under 49 U. See Montana Code 61-1-101

• Health care provider: means a person who is licensed, certified, or otherwise authorized by the laws of this state to administer health care in the ordinary course of business or practice of a profession. See Montana Code 53-21-1302
• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• Heirs property: means real property held in tenancy in common that satisfies all of the following requirements as of the filing of a partition action:

  (a)there is no agreement in a record binding all the cotenants that governs the partition of the property;

  (b)one or more of the cotenants acquired title from a relative, whether living or deceased; and

  (c)any of the following applies:

  (i)20% or more of the interests are held by cotenants who are relatives;

  (ii)20% or more of the interests are held by an individual who acquired title from a relative, whether living or deceased; or

  (iii)20% or more of the cotenants are relatives. See Montana Code 70-29-402

• High-risk provider: means a provider who within the previous 6 years and 3 months:

  (a)has either admitted to medicaid fraud or abuse in a written agreement with a governmental agency or has been determined by a final order or judgment of a governmental agency or court to have committed medicaid fraud or abuse; or

  (b)has a documented history of a significant error rate that has been sustained over a period of at least 2 years and that multiple documented educational interventions have failed to correct. See Montana Code 53-6-1401

• Highly restricted personal information: means an individual's photograph or image, social security number, or medical or disability information. See Montana Code 61-11-503
• Highway: has the meaning provided in 61-1-101, including the shoulders of the highway. See Montana Code 61-8-1001
• Highway: has the meaning provided in 61-1-101, but includes ways that have been or are later dedicated to public use. See Montana Code 61-8-102
• Highway: means the entire width between the boundary lines of each publicly maintained way when any part thereof is open to public use for vehicular travel. See Montana Code 61-13-102
• Highway patrol officer: means a state officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. See Montana Code 61-1-101
• housetrailer: has the meaning provided in 15-24-201. See Montana Code 61-1-101
• Human resource development council: means a nonprofit public or private community organization serving low-income persons in a multicounty area that has the same boundaries as one or more substate planning districts established by executive order of the governor. See Montana Code 53-10-501
• Ignition interlock device: means ignition equipment that:

  (i)analyzes the breath to determine blood alcohol concentration;

  (ii)is approved by the department pursuant to 61-8-1025; and

  (iii)is designed to prevent a motor vehicle from being operated by a person who has consumed a specific amount of an alcoholic beverage. See Montana Code 61-8-102

• Impermissible appointee: means a person who is not a permissible appointee. See Montana Code 72-7-102
• Implement of husbandry: means a vehicle that is designed for agricultural purposes and exclusively used by the owner of the vehicle in the conduct of the owner's agricultural operations. See Montana Code 61-1-101
• Importer: means a person who transports or arranges for the transportation of a foreign manufactured new motor vehicle into the United States for sale in this state. See Montana Code 61-4-201
• Incapacitated: means that a person is determined by the supervising health care provider or a court to lack the ability to give or withhold consent for medical care. See Montana Code 53-21-1302
• Incumbent electric utility: means a public utility regulated by the public service commission pursuant to Title 69, chapter 3, or a utility qualifying as an electric cooperative pursuant to Title 35, chapter 18, or their successors or assignees, that owned, controlled, or operated transmission facilities on or before January 1, 2017. See Montana Code 69-5-201
• Incumbent local exchange carrier: means , with respect to an area, the local exchange carrier that:

  (a)on February 8, 1996, provided telephone exchange service in the area; and

  (b)on February 8, 1996, was considered to be a member of the exchange carrier association pursuant to 47 C. See Montana Code 69-3-803

• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Independent living: means control over one's life based upon a choice between acceptable options in a manner that minimizes reliance upon others for making decisions and conducting activities of daily living. See Montana Code 53-7-301
• Individual treatment planning team: means the interdisciplinary team of persons involved in and responsible for the habilitation of a resident. See Montana Code 53-20-102
• Initial audit: means an initial overpayment audit to examine claims data and provider records or both to determine whether the provider has complied with applicable medicaid rules, regulations, policies, and agreements. See Montana Code 53-6-1401
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Instrument: means a writing. See Montana Code 72-7-102
• Insurance: means a contract through which a person, the insurer, undertakes to indemnify another, the insured, or pay or provide a determinable amount or benefit upon determinable contingencies. See Montana Code 71-3-1113
• Insurer: means an authorized insurer, as defined in 33-1-201, who issues or renews a motor vehicle liability policy. See Montana Code 61-6-102
• Insurer: has the meaning of a health insurance issuer provided in 33-22-140. See Montana Code 71-3-1113
• Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
• Inter vivos: Transfer of property from one living person to another living person.
• Interest owner: means a person:

  (a)who owns an entire or a fractional interest of any kind or nature in the oil or gas at the time it is severed; or

  (b)who has a right, either express or implied, to receive a monetary payment determined by the value of the severed oil or gas. See Montana Code 71-3-1602

• Interested person: means a retail electricity customer, the consumer counsel established in 5-15-201, the commission, or a utility. See Montana Code 69-8-103
• Interlocal cooperation commission: means a commission established in accordance with Title 7, chapter 11, part 2. See Montana Code 53-30-503
• Internal Revenue Code: means the Internal Revenue Code of 1986, as amended. See Montana Code 72-16-1001
• Internet services provider: means a person or an entity that provides a service, available to the public, that enables the person's or entity's customers to access the internet, purchase internet server or file-hosting services, colocate internet equipment, or use data transmission over the internet for a fee. See Montana Code 2-17-602
• Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
• Intersection: means the area embraced within the prolongation or connection of the lateral curb lines or if there are no curb lines then the lateral boundary lines of the roadways of two highways that join one another at or approximately at right angles or the area within which vehicles traveling on different highways joining at any other angle may come in conflict. See Montana Code 61-8-102
• Intestate: Dying without leaving a will.
• Investment products: means , without limitation, certificates of deposit, savings accounts paying fixed or variable interest, financial instruments, one or more mutual funds, and a mix of mutual funds. See Montana Code 53-25-103
• Joint owner: means an individual who owns property concurrently with one or more other individuals with a right of survivorship. See Montana Code 72-6-402
• Joint resolution: A legislative measure which requires the approval of both chambers.
• Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
• Judgment: means any judgment that has become final by expiration without appeal of the time within which an appeal might have been perfected or by final affirmation on appeal rendered by a court of competent jurisdiction of any state or of the United States upon a cause of action arising out of the ownership, maintenance, or use of any motor vehicle, for damages, including damages for care and loss of services, because of bodily injury to or death of any person or for damages because of injury to or destruction of property, including the loss of use of property, or upon a cause of action on an agreement of settlement for damages. See Montana Code 61-6-102
• Judicial record: means the record of official entry of the proceedings in a court of justice or of the official act of a judicial officer in an action or special proceeding. See Montana Code 1-1-202
• Kit vehicle: is a motor vehicle assembled from a manufactured kit either as:

  (a)a complete kit, consisting of a prefabricated body and chassis, to construct a new motor vehicle; or

  (b)a kit with a prefabricated body to be mounted to an existing motor vehicle chassis and drivetrain, commonly referred to as a donor vehicle. See Montana Code 61-1-101

• Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
• Labor organization: means any organization or association of any kind in which employees participate and that exists for the primary purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, fringe benefits, or other conditions of employment. See Montana Code 69-14-1101
• Landowner: means a person or entity of any nature, whether private, governmental, or quasi-governmental, and includes the landowner's agent, tenant, lessee, occupant, grantee of conservation easement, water users' association, irrigation district, drainage district, and persons or entities in control of the property or with an agreement to use or occupy property. See Montana Code 70-16-302
• Laned roadway: means a roadway that is divided into two or more clearly marked lanes for vehicular traffic. See Montana Code 61-8-102
• Large customer: means any premises, except subdivisions, with the estimated connected load for full operation at an individual service for the premises of 500 kilowatts or larger. See Montana Code 69-5-102
• Large customer: means , for universal system benefits programs purposes, a customer with an individual load greater than a monthly average of 1,000 kilowatt demand in the previous calendar year for that individual load. See Montana Code 69-8-103
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Leasehold: means a tenant's leasehold interest, as defined in 30-2A-103, in property on which the oil or gas well is located. See Montana Code 71-3-1602
• Leasehold premises: means the premises occupied by the tenant together with all common areas, recreational facilities, parking areas, and storage facilities to which the tenant has access, as well as all personal property owned or controlled by the landlord the use of which is permitted to the tenant. See Montana Code 70-25-101
• Legacy: A gift of property made by will.
• Legal resident: means a person who maintains Montana as the person's principal establishment, home of record, or permanent home and where, whenever absent due to military obligation, the person intends to return. See Montana Code 53-20-202
• Legal service: means any act or acts by a company consisting of the hiring, retaining, engaging, or appointing of an attorney or other person to give professional advice to or represent holders of service contracts with the company in court as the result of liability incurred by the right of action accruing to the holder of a service contract as a result of the ownership, operation, use, or maintenance of a motor vehicle. See Montana Code 61-12-301
• Legatee: A beneficiary of a decedent
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• length: means the total length of the vehicle combination beginning at the front of the front bumper of the truck or truck tractor and extending to the most distant end of the logs being hauled. See Montana Code 61-10-104
• Letter of appointment: means a letter granted by the department pursuant to 61-8-920 that authorizes the holder to participate in the law enforcement rotation system provided for in 61-8-908. See Montana Code 61-8-903
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• License: means a driver's license as defined in 61-1-101. See Montana Code 61-6-102
• License: means any type of license or permit to operate a motor vehicle. See Montana Code 61-11-203
• Licensed mental health center: means an entity licensed by the department of public health and human services to provide mental health services and has the same meaning as mental health center as defined in 50-5-101. See Montana Code 53-21-1001
• lien: means a lien against real estate arising under this part. See Montana Code 71-3-522
• Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
• Light vehicle: means a motor vehicle commonly referred to as an automobile, van, sport utility vehicle, or truck having a manufacturer's rated capacity of 1 ton or less. See Montana Code 61-1-101
• Line: means any material that is used to convey electrical energy and that is normally energized between 2,400 volts phase to ground and 14,400 volts phase to ground. See Montana Code 69-5-102
• Line-make: means vehicles that are offered for sale, lease, or distribution under a common name, trademark, or service mark. See Montana Code 61-4-201
• Live and function independently: means to have control over one's life based upon a choice between acceptable options in a manner that minimizes reliance upon others for making decisions and conducting activities of daily living. See Montana Code 53-19-102
• Local authorities: means every county, municipal, and other local board or body having authority to enact laws relating to traffic under the constitution and laws of this state. See Montana Code 61-8-102
• Local governing body: means a local board of trustees of a rural electric cooperative. See Montana Code 69-8-103
• Local government: means a county, a municipality, or other local board or body that has authority to enact laws relating to traffic. See Montana Code 61-8-903
• Local governmental entity: means :

  (a)a local governmental unit;

  (b)a multijurisdictional service district; or

  (c)an interlocal cooperation commission. See Montana Code 53-30-503

• Local telecommunications: means :

  (a)telecommunications originating in a wireline local calling area, including extended area service areas, and terminating in the same wireline local calling area or extended area service area; or

  (b)commercial mobile radio service that originates from or terminates to a commercial mobile radio service provider within the same major trading area as defined in 47 C. See Montana Code 69-3-803

• Low vision: means a visual impairment that, even with correction, remains so severe as to make performance of daily tasks difficult. See Montana Code 53-7-301
• Low-speed electric vehicle: means a motor vehicle, on or by which a person may be transported, that:

  (a)has four wheels;

  (b)has a maximum speed of at least 20 miles an hour and no greater than 40 miles an hour as certified by the manufacturer;

  (c)is propelled by its own power, using an electric motor or other device that transforms stored electrical energy into the motion of the vehicle;

  (d)stores electricity in batteries, ultracapacitors, or similar devices, which are charged from the power grid or from renewable electrical energy sources;

  (e)has a wheelbase of 40 inches or greater and a wheel diameter of 10 inches or greater;

  (f)exhibits a manufacturer's compliance with 49 CFR, part 565, or displays a 17-character vehicle identification number as provided in 49 CFR, part 565; and

  (g)is equipped as provided in 61-9-432. See Montana Code 61-1-101

• lumber: as used in this part , means all logs or other timber sawed or split for use, including beams, joists, planks, boards, shingles, laths, staves, hoops, and every article of any nature or description manufactured from sawlogs or other timber. See Montana Code 71-3-601
• Maintenance: means money payments made in accordance with 53-7-310. See Montana Code 53-7-301
• Majority party: means the party with the most members in a house of the legislature, subject to subsection (2). See Montana Code 1-1-208
• Manufacturer: includes any person engaged in the manufacture of motor vehicles, trailers, semitrailers, pole trailers, travel trailers, motorboats, sailboats, snowmobiles, or off-highway vehicles as a regular business. See Montana Code 61-1-101
• Manufacturer: means a person who manufactures or assembles a line-make of new motor vehicles and distributes them directly or indirectly through one or more distributors to one or more new motor vehicle dealers in this state or who manufactures or installs on previously assembled truck chassis special bodies or equipment that, when installed, forms an integral part of the new motor vehicle and that constitutes a major manufacturing alteration, but does not include a person who installs a camper on a pickup truck. See Montana Code 61-4-201
• manufacturer: means a person, firm, corporation, partnership, or association engaged either directly or indirectly in the manufacture or wholesale distribution of motor vehicles. See Montana Code 61-4-402
• Map service: means any act or acts by a company by which road maps are furnished without cost to holders of service contracts with the company. See Montana Code 61-12-301
• Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
• Material: means material, fuel, machinery, equipment, appliances, buildings, structures, tools, bits, or supplies but does not include drilling rigs or hoists or their integral component parts except wire lines. See Montana Code 71-3-1001
• Material affiliate transaction: means an affiliate transaction that has a significant potential impact on the financial stability of a regulated energy utility, including but not limited to:

  (a)dividend payments from a regulated energy utility to a corporate parent company if those payments would place the regulated energy utility's credit quality or property in jeopardy;

  (b)intercompany loans or other extensions of credit or advances of working capital between a regulated energy utility and an affiliate if those activities would place the regulated energy utility's credit quality or property in jeopardy;

  (c)the use of proceeds in issuing securities for which the assets of the regulated energy utility are pledged; or

  (d)external borrowing by a regulated energy utility with a term greater than 120 days if the loan would place the regulated energy utility's credit quality or property in jeopardy. See Montana Code 69-3-1501

• Medicaid: means the Montana medical assistance program established under Title 53, chapter 6. See Montana Code 53-6-1401
• Medium-speed electric vehicle: is a motor vehicle, on or by which a person may be transported, that:

  (i)has a maximum speed of 45 miles an hour as certified by the manufacturer;

  (ii)is propelled by its own power, using an electric motor or other device that transforms stored electrical energy into the motion of the vehicle;

  (iii)stores electricity in batteries, ultracapacitors, or similar devices, which are charged from the power grid or from renewable electrical energy sources;

  (iv)is fully enclosed and includes at least one door for entry;

  (v)has a wheelbase of 40 inches or greater and a wheel diameter of 10 inches or greater;

  (vi)exhibits a manufacturer's compliance with 49 CFR, part 565, or displays a 17-character vehicle identification number as provided in 49 CFR, part 565;

  (vii)bears a sticker, affixed by the manufacturer or dealer, on the left side of the rear window that indicates the vehicle's maximum speed rating; and

  (viii)as certified by the manufacturer, is equipped as provided in 61-9-432. See Montana Code 61-1-101

• Member: means an individual enrolled in the Montana medicaid program pursuant to 53-6-131 or receiving medicaid-funded services pursuant to 53-6-1304. See Montana Code 53-6-1303
• Member of the family: means , with respect to a designated beneficiary, a member of the family of the designated beneficiary as defined in section 529A(e)(4) of the Internal Revenue Code, 26 U. See Montana Code 53-25-103
• mental disabilities board of visitors: means the mental disabilities board of visitors created by 2-15-211. See Montana Code 53-21-102
• mental disabilities board of visitors: means the mental disabilities board of visitors created by 2-15-211. See Montana Code 53-20-102
• Mental disorder: means exhibiting impaired emotional, cognitive, or behavioral functioning that interferes seriously with an individual's ability to function adequately except with supportive treatment or services. See Montana Code 53-30-702
• Mental disorder: means any organic, mental, or emotional impairment that has substantial adverse effects on an individual's cognitive or volitional functions. See Montana Code 53-21-102
• Mental health professional: means :

  (a)a certified professional person;

  (b)a physician licensed under Title 37, chapter 3;

  (c)a clinical professional counselor licensed under Title 37, chapter 39;

  (d)a psychologist licensed under Title 37, chapter 17;

  (e)a clinical social worker licensed under Title 37, chapter 39;

  (f)an advanced practice registered nurse, as provided for in 37-8-202, with a clinical specialty in psychiatric mental health nursing;

  (g)a physician assistant licensed under Title 37, chapter 20, with a clinical specialty in psychiatric mental health; or

  (h)a marriage and family therapist licensed under Title 37, chapter 39. See Montana Code 53-21-102

• Military dependent: means a child of a military service member. See Montana Code 53-20-202
• Military service: means service in the armed forces or armed forces reserves or membership in the Montana national guard. See Montana Code 53-20-202
• Military service member: means a person who is currently in military service or who has separated from military service in the previous 18 months either through retirement or military separation. See Montana Code 53-20-202
• Minority party: means the party with the second most members in a house of the legislature, subject to subsection (2). See Montana Code 1-1-208
• Mobility-disabled: means the condition of a person with reduced function of the arms, legs, or hands making activities related to moving, turning, or pressing objects difficult or impossible. See Montana Code 53-19-302
• Mold: means any mold, fungus, mildew, or spores. See Montana Code 70-16-702
• Montana energy impact assistance bonds: means low-cost corporate securities, including but not limited to senior secured bonds, debentures, notes, certificates of participation, certificates of beneficial interest, certificates of ownership, or other evidences of indebtedness or ownership that have a scheduled maturity of no longer than 30 years and a final legal maturity date that is not later than 32 years from the issue date, that are rated AA or Aa2 or better by a major independent credit rating agency at the time of issuance, and that are issued by an electric utility or an assignee pursuant to a financing order. See Montana Code 69-3-1603
• Montana energy impact assistance charges: means charges in amounts determined appropriate by the commission and authorized by the commission in a financing order in order to provide a source of revenue solely to repay, finance, or refinance Montana energy impact assistance costs and financing costs that are imposed on and are a part of all customer bills and are collected in full by the electric utility that the financing order applies to, its successors or assignees, or a collection agent through a nonbypassable charge that is separate and apart from the electric utility's base rates. See Montana Code 69-3-1603
• Montana energy impact assistance costs: means :

  (i)at the option of and upon petition by an electric utility, and as approved by the commission pursuant to 69-3-1606, the pretax costs that the electric utility has incurred or will incur that are caused by, associated with, or remain as a result of the retirement or replacement of electric generating infrastructure or facilities located in Montana; and

  (ii)pretax costs that an electric utility has previously incurred related to the closure or replacement of electric infrastructure or facilities occurring before July 1, 2019. See Montana Code 69-3-1603

• Montana energy impact assistance property: means :

  (a)all rights and interests of an electric utility or successor or assignee of an electric utility under a financing order for the right to impose, bill, collect, and receive Montana energy impact assistance charges as it is authorized to do solely under the financing order and to obtain periodic adjustments to the Montana energy impact assistance charges as provided in the financing order; and

  (b)all revenue, collections, claims, rights to payments, payments, money, or proceeds arising from the rights and interests specified in subsection (14)(a), regardless of whether the revenue, collections, claims, rights to payment, payments, money, or proceeds are imposed, billed, received, collected, or maintained together with or commingled with other revenue, collections, rights to payment, payments, money, or proceeds. See Montana Code 69-3-1603

• Montana energy impact assistance revenue: means revenue, receipts, collections, payments, money, claims, or other proceeds arising from Montana energy impact assistance property. See Montana Code 69-3-1603
• Montana resident: means :

  (a)an individual who resides in Montana as determined under 1-1-215; or

  (b)for the purposes of chapter 3, a business entity that maintains a principal place of business or a registered agent in this state. See Montana Code 61-1-101

• monument: means an accessory that is presumed to occupy the exact position of a corner. See Montana Code 70-22-103
• Moped: means a vehicle equipped with two or three wheels, foot pedals to permit muscular propulsion, and an independent power source providing a maximum of 2 brake horsepower. See Montana Code 61-8-102
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• Motor carrier: means a person or corporation or its lessees, trustees, or receivers appointed by a court that are operating motor vehicles on a public highway in this state for the transportation of property for hire on a commercial basis. See Montana Code 61-1-101
• Motor club service: means the rendering, furnishing, or procuring of towing service, emergency road service, insurance service, bail bond service, legal service, discount service, financial service, buying and selling service, theft service, map service, and touring service, or any three or more enumerated services to any person or persons in connection with the ownership, operation, use, or maintenance of a motor vehicle by the other person or persons in consideration of the other person or persons being or becoming a member or members of any company rendering, procuring, or furnishing the services, being or becoming in any manner affiliated with the company, or being or becoming entitled to receive membership or other motor club service from the company by virtue of any agreement or understanding with the company. See Montana Code 61-12-301
• Motor home: means a motor vehicle:

  (a)designed to provide temporary living quarters, built as an integral part of or permanently attached to a self-propelled motor vehicle chassis or van;

  (b)containing permanently installed independent life support systems that meet the NFPA 1192 standard on recreational vehicles; and

  (c)providing at least four of the following types of facilities:

  (i)cooking, refrigeration, or icebox;

  (ii)self-contained toilet;

  (iii)heating or air conditioning, or both;

  (iv)potable water supply, including a faucet and sink; or

  (v)separate 110-volt or 125-volt electrical power supply or a liquefied petroleum gas supply, or both. See Montana Code 61-1-101

• Motor home: has the meaning provided in 61-1-101. See Montana Code 61-8-1001
• Motor vehicle: includes a motorboat and a personal watercraft as defined in 23-2-502, a snowmobile as defined in 23-2-601, and an off-highway vehicle as defined in 23-2-801. See Montana Code 61-4-201
• Motor vehicle: means :

  (i)a vehicle propelled by its own power and designed or used to transport persons or property on the highways of the state;

  (ii)a quadricycle if it is equipped for use on the highways as prescribed in chapter 9; or

  (iii)a golf cart only if it is equipped for use on the highways as prescribed in chapter 9 and is operated pursuant to 61-8-391 or by a person with a low-speed restricted driver's license. See Montana Code 61-1-101

• motor vehicle: as used in this part , includes a personal watercraft as defined in 23-2-502, a snowmobile as defined in 23-2-601, and an off-highway vehicle as defined in 23-2-801. See Montana Code 61-4-402
• Motor vehicle: has the meaning provided in 61-1-101. See Montana Code 61-8-1001
• Motor vehicle: means a vehicle propelled by its own power and designed primarily to transport persons or property upon the highways of the state. See Montana Code 61-13-102
• Motor vehicle liability policy: means a policy of insurance issued or renewed by an insurer to a person who owns or operates a motor vehicle that meets or exceeds the minimum coverage limits under 61-6-103, including a policy certified as provided in 61-6-133 as proof of financial responsibility. See Montana Code 61-6-102
• Motor-driven cycle: means a motorcycle, including a motor scooter, with a motor that produces 5 horsepower or less. See Montana Code 61-1-101
• Motorboat: means a vessel, including a personal watercraft or pontoon, propelled by any machinery, motor, or engine of any description, whether or not the machinery, motor, or engine is the principal source of propulsion. 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
• Motorist information sign: means a rectangular sign panel located in the same manner as other official traffic signs, readable from the main traveled way, and that is a:

  (a)specific information sign; or

  (b)tourist-oriented directional sign. See Montana Code 60-5-502

• Motorist service: means gas, food, lodging, camping, recreation, and other tourist services. See Montana Code 60-5-502
• Motorized nonstandard vehicle: means a vehicle, on or by which a person may be transported, that:

  (i)is propelled by its own power, using an internal combustion engine or an electric motor;

  (ii)has a wheelbase of less than 40 inches and a wheel diameter of less than 10 inches; and

  (iii)does not display a manufacturer's certification in accordance with 49 CFR, part 567, or have a 17-character vehicle identification number assigned by the manufacturer in accordance with 49 CFR, part 565. See Montana Code 61-1-101

• motortruck: means a motor vehicle designed, used, or maintained primarily for the transportation of property. See Montana Code 61-1-101
• Multijurisdictional service district: means a district established in accordance with Title 7, chapter 11, part 10. See Montana Code 53-30-503
• National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
• Natural gas production and gathering resources: means plants or equipment, minerals, and mineral rights used to extract natural gas from the earth and to collect, purify, measure, regulate, compress, and transport natural gas from its place of production to its connection with a transmission facility. See Montana Code 69-3-1402
• Natural gas supplier: means a person, including aggregators, market aggregators, brokers, and marketers, licensed by the commission that is offering to sell natural gas to retail customers in the state of Montana. See Montana Code 69-3-1402
• Natural gas utility: means a utility regulated by the commission on May 2, 1997, that provides natural gas services to the public. See Montana Code 69-3-1402
• Neglect: means failure to provide for the biological and psychosocial needs of any person receiving treatment in a mental health facility, failure to report abuse, or failure to exercise supervisory responsibilities to protect patients from abuse and neglect. See Montana Code 53-21-102
• Net metering: means measuring the difference between the electricity distributed to and the electricity generated by a customer-generator that is fed back to the distribution system during the applicable billing period. See Montana Code 69-8-103
• Net metering system: means a facility for the production of electrical energy that:

  (a)uses as its fuel solar, wind, or hydropower;

  (b)has a generating capacity of not more than 50 kilowatts;

  (c)is located on the customer-generator's premises;

  (d)operates in parallel with the utility's distribution facilities; and

  (e)is intended primarily to offset part or all of the customer-generator's requirements for electricity. See Montana Code 69-8-103

• New motor vehicle: means a motor vehicle that has not been the subject of a retail sale regardless of the mileage of the vehicle. See Montana Code 61-4-201
• New motor vehicle: means a motor vehicle, regardless of the mileage of the vehicle, the legal or equitable title to which has never been transferred by a manufacturer, distributor, or dealer to another person as the result of a retail sale. See Montana Code 61-1-101
• New motor vehicle dealer: means a person who buys, sells, exchanges, or offers or attempts to negotiate a sale or exchange or any interest in or who is engaged in the business of selling new motor vehicles under a franchise with the manufacturer of the new motor vehicles or used motor vehicles taken in trade on new motor vehicles. See Montana Code 61-4-201
• Next of kin: includes but is not limited to the spouse, parents, adult children, and adult brothers and sisters of a person. See Montana Code 53-21-102
• Next of kin: includes but is not limited to the spouse, parents, adult children, and adult brothers and sisters of a person. See Montana Code 53-20-102
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Nonbypassable: means that the payment of a Montana energy impact assistance charge required to repay bonds and related costs may not be avoided by any retail customer located within an electric utility service area. See Montana Code 69-3-1603
• Nonbypassable rates or charges: means rates or charges that are approved by the commission and imposed on a customer to pay the customer's share of transition costs or universal system benefits programs costs even if the customer has physically bypassed either the utility's transmission or distribution facilities. See Montana Code 69-8-103
• noncommercial vehicle: means any motor vehicle or combination of motor vehicles that is not included in the definition of commercial motor vehicle in 61-1-101 and includes but is not limited to the vehicles listed in 61-1-101(10)(b). See Montana Code 61-8-102
• Nongeneral power of appointment: means a power of appointment that is not a general power of appointment. See Montana Code 72-7-102
• Nongovernmental agency: means a person, private, nonprofit agency, corporation, association, labor organization, or other nongovernmental entity. See Montana Code 53-30-303
• Nonlocal telecommunications: means :

  (a)wireline telecommunications traffic carried by either an interlocal access transport area carrier or an intralocal access transport area toll provider that originates in one wireline local calling area and terminates in another wireline local calling area; or

  (b)commercial mobile radio service that originates in a major trading area and terminates in a different major trading area as defined in 47 C. See Montana Code 69-3-803

• Nonqualified withdrawal: means a withdrawal from the account that is not:

  (a)a qualified withdrawal;

  (b)a withdrawal made as the result of the death of the designated beneficiary of an account; or

  (c)a rollover distribution or a change of designated beneficiary described in 53-25-111. See Montana Code 53-25-103

• Nonresident: means a person who is not a Montana resident. See Montana Code 61-1-101
• Nontransporting medical unit: means an aggregate of persons who are organized to respond to a call for emergency medical service and to treat a patient until the arrival of an ambulance. See Montana Code 61-2-502
• Not used for general transportation purposes: means the operation of a motor vehicle registered as a collector's item, a custom vehicle, a street rod, or a custom-built motorcycle to or from a car or motorcycle club activity or event or an exhibit, show, cruise night, or parade, or for other occasional transportation activity. See Montana Code 61-1-101
• Oath: includes an affirmation or declaration. See Montana Code 1-1-201
• Oath: A promise to tell the truth.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Occupants: means the driver and passengers in a motor vehicle. See Montana Code 61-13-102
• Off-highway vehicle: means a self-propelled vehicle designed for recreation or cross-country travel on public lands, trails, easements, lakes, rivers, or streams. See Montana Code 61-1-101
• Offender: means a person who has entered a plea of guilty or nolo contendere or has been convicted of a criminal offense. See Montana Code 53-30-303
• Office: means the office of victims services established in 2-15-2016. See Montana Code 53-9-103
• Official traffic control devices: means all signs, signals, markings, and devices not inconsistent with this title that are placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning, or guiding traffic. See Montana Code 61-8-102
• Open access: means that a natural gas utility has made its transmission facilities, storage facilities, or distribution facilities available to all natural gas suppliers, transmission services providers, distribution services providers, and customers on a nondiscriminatory and comparable basis. See Montana Code 69-3-1402
• Open alcoholic beverage container: means a bottle, can, jar, or other receptacle that contains any amount of an alcoholic beverage and that is open or has a broken seal or the contents of which are partially removed. See Montana Code 61-8-1001
• Operator: means a person who is in actual physical control of a motor vehicle. See Montana Code 61-1-101
• operator: means an individual, partnership, corporation, or other business entity that owns or operates a commercial tow truck as defined in 61-9-416. See Montana Code 61-8-903
• Operator: means any person engaged in the severance of oil or gas on the operator's own behalf, on behalf of the operator and other persons, or on behalf of other persons. See Montana Code 71-3-1602
• Operator service provider: means any person, company, or entity that provides automated or live assistance to a customer to arrange for billing or completion, or both, of an intrastate telephone call through a method other than:

  (a)automatic completion, with billing to the telephone from which the call originated; or

  (b)completion through an access code used by the customer, with billing to an account previously established with a telecommunications carrier by the customer. See Montana Code 69-3-1102

• Ordinance: means resolution where the governing body acts by resolution and vice versa. See Montana Code 69-4-303
• Original contractor: means a contractor who contracts directly with the contracting owner. See Montana Code 71-3-522
• Original transferor: means any grantor, donor, settlor, or testator who by grant, gift, trust, or will makes a transfer of real or personal property that results in a federal generation-skipping transfer tax. See Montana Code 72-16-1001
• Originating carrier: means a telecommunications carrier from whose network a customer originates telecommunications traffic. See Montana Code 69-3-803
• Outlays: Outlays are payments made (generally through the issuance of checks or disbursement of cash) to liquidate obligations. Outlays during a fiscal year may be for payment of obligations incurred in prior years or in the same year.
• Outpatient center for surgical services: means a facility registered as provided in 50-32-314. See Montana Code 71-3-1113
• Overhead electric or communication facilities: means electric or communication facilities located, in whole or in part, above the surface of the ground. See Montana Code 69-4-303
• Overhead utility line: means a facility for the transmission or distribution of electricity or telephone messages along wires or cables suspended above the ground between single or double poles and their respective anchors. See Montana Code 69-4-401
• Overpayment audit: means a review or audit by the department or an auditor of claims data, medical claims, or other documents in which a purpose or potential result of the review or audit is an overpayment determination. See Montana Code 53-6-1401
• Overpayment determination: means a determination by the department or an auditor that forms the basis for or results in the department:

  (a)partially or completely reducing a medicaid payment to a provider for a claim;

  (b)demanding that the provider repay all or a part of a payment for a claim; or

  (c)using or applying any other method to recoup, recover, or collect from a provider all or part of a payment for a claim. See Montana Code 53-6-1401

• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means each person who holds the legal title to a vehicle. See Montana Code 61-1-101
• Owner: includes a person holding any interest in the legal or equitable title, or both, and purchasers under executory contract. See Montana Code 71-3-1001
• Owner: means a person:

  (a)in whose name a motor vehicle is registered or titled;

  (b)who leases a motor vehicle for at least 3 months;

  (c)who is entitled to possession of a motor vehicle as the purchaser under a security agreement; or

  (d)who is the attorney-in-fact, conservator, or personal representative for a person described in subsections (2)(a) through (2)(c). See Montana Code 61-12-1001

• participant: means an individual enrolled in the Montana Health and Economic Livelihood Partnership Act program established in Title 39, chapter 12, and this part. See Montana Code 53-6-1303
• Participating trust agreement: means an agreement between a designated beneficiary and the department or its designee that creates a trust interest in the trust and provides for participation in the program. See Montana Code 53-25-103
• Partition by sale: means a court-ordered sale of the entire heirs property, whether by auction, sealed bids, or open-market sale conducted under 70-29-414. See Montana Code 70-29-402
• Partition in kind: means the division of heirs property into physically distinct and separately titled parcels. See Montana Code 70-29-402
• Passenger area: means the area designed to seat the driver and passengers while a motor vehicle is in operation and any area that is readily accessible to the driver or a passenger while the driver or a passenger is seated in the vehicle, including an unlocked glove compartment. See Montana Code 61-8-1001
• Patient: means an individual who is sick, injured, wounded, or otherwise incapacitated or helpless. See Montana Code 61-2-502
• Patient: means a person committed by the court for treatment for any period of time or who is voluntarily admitted for treatment for any period of time. See Montana Code 53-21-102
• Peace officer: means any sheriff, deputy sheriff, marshal, police officer, or other peace officer. See Montana Code 53-21-102
• Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
• Pedestrian: means any person on foot or any person in a manually or mechanically propelled wheelchair or other low-powered, mechanically propelled vehicle designed specifically for use by a physically disabled person. See Montana Code 61-8-102
• Peer: means a health care provider who is employed by or under contract with the department or an auditor and who:

  (a)has substantially the same education and training, provides or has provided substantially the same range of health care services, and has the same license to practice as the provider who is the subject of an overpayment audit; or

  (b)is an expert in the medical, dental, mental health, behavioral health, or other health care provider decisionmaking that is at issue in the overpayment audit. See Montana Code 53-6-1401

• Per stirpes: The legal means by which the children of a decedent, upon the death of an ancestor at a level above that of the decedent, receive by right of representation the share of the ancestor
• Performance-based ratemaking: means those forms of regulation that include but are not limited to the use of revenue indexing, price indexing, ranges of authorized return, gas cost indexing, and innovative use of utility-related assets and activities, such as system sales of excess natural gas supplies, release of upstream pipeline capacity, and performance of billing services for other natural gas suppliers. See Montana Code 69-3-1402
• Permissible appointee: means a person in whose favor a powerholder may exercise a power of appointment. See Montana Code 72-7-102
• Person: means an individual, firm, partnership, corporation, unincorporated association, or other legal or business entity or the executor, administrator, trustee, receiver, assignee, or personal representative thereof. See Montana Code 69-4-1102
• person: means an individual, corporation, partnership, limited partnership, limited liability company, association, joint venture, state agency, local government unit, another state government, the United States, a political subdivision of this or another state, or any other legal or commercial entity. See Montana Code 61-1-101
• Person: means an individual, firm, partnership, association, corporation, company, group of individuals acting together for a common purpose, or organization of any kind, including a governmental agency other than the United States. See Montana Code 61-2-502
• Person: means every natural person, firm, partnership, association, or corporation. See Montana Code 61-6-102
• Person: means an individual, a corporation, an organization, or other legal entity. See Montana Code 71-3-1113
• Person: means any individual, executor, administrator, agent, trustee, or receiver or an estate, institution, business trust, trust of any other kind, firm, corporation, partnership, cooperative, limited liability company, limited liability partnership, sole proprietorship, government agency, association, or any other group acting as a unit. See Montana Code 71-3-1602
• Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Montana Code 72-6-402
• Person: means any individual, partnership, corporation, or association. See Montana Code 70-31-102
• Person: means an individual, estate, trust, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. See Montana Code 72-7-102
• person or entity: includes a corporation and all of its affiliates and subsidiaries if the corporation, affiliates, and subsidiaries have a common ownership or control of 80% of the outstanding voting shares. See Montana Code 69-3-803
• Person with a disability: means the same as "individual with a disability" as defined in the federal Rehabilitation Act of 1973, 29 U. See Montana Code 53-7-301
• Person with a disability: means the condition of a person who is deaf and blind, deaf, hard-of-hearing, speech-disabled, or mobility-disabled. See Montana Code 53-19-302
• Personal information: means information that identifies a person, including a person's name, address, telephone number, social security number, driver's license or identification number, date of birth, photograph or image, and medical or disability information. See Montana Code 61-11-503
• Personal watercraft: means a vessel that uses an outboard motor or an inboard engine powering a water jet pump as its primary source of propulsion and that is designed to be operated by a person sitting, standing, or kneeling on the vessel rather than by the conventional method of sitting or standing in the vessel. See Montana Code 61-1-101
• Physical restoration: means any medical, surgical, or therapeutic treatment necessary to correct or substantially reduce an impediment to employment caused by blindness or low vision within a reasonable length of time, including but not limited to medical, psychiatric, dental, and surgical treatment, nursing services, hospital care, convalescent care, drugs, medical and surgical supplies, and prosthetic appliances. See Montana Code 53-7-301
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plan: means an integrated least-cost resource plan submitted by a utility in accordance with this part and the rules adopted under this part. See Montana Code 69-3-1203
• Plan of government: has the meaning provided in 7-1-4121. See Montana Code 7-3-122
• Planning period: means the future period for which a utility develops its plan, and the period over which net present value of revenue requirements for resources is calculated. See Montana Code 69-3-1203
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Plug-in hybrid electric vehicle: means a vehicle that:

  (a)is originally equipped so that the vehicle draws propulsion from an internal combustion engine and a battery with at least 5 kilowatt hours of capacity that can be recharged from an external source of electricity;

  (b)has at least four wheels; and

  (c)is manufactured primarily for use on public streets, roads, and highways. See Montana Code 61-3-571

• Pole trailer: means a vehicle without power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole or by being boomed or otherwise secured to the towing vehicle and ordinarily used for transporting long or irregularly shaped loads such as poles, pipes, or structural members capable generally of sustaining themselves as beams between the supporting connections. See Montana Code 61-1-101
• Police officer: means an officer authorized to direct or regulate traffic or to make arrests for violations of traffic regulations. See Montana Code 61-1-101
• Police vehicle: means a vehicle used in the service of any law enforcement agency. See Montana Code 61-8-102
• Police vehicle: has the meaning as provided in 61-8-102. See Montana Code 61-9-102
• Political subdivision: has the meaning provided for in 2-9-101. See Montana Code 2-17-602
• Postpartum: means the first 6 weeks after delivery. See Montana Code 53-30-702
• Power of appointment: means a power that enables a powerholder acting in a nonfiduciary capacity to designate a recipient of an ownership interest in or another power of appointment over the appointive property. See Montana Code 72-7-102
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Power sports vehicle: includes a motorboat, a personal watercraft, a snowmobile, or an off-highway vehicle. See Montana Code 61-4-131
• Powerholder: means a person in whom a donor creates a power of appointment. See Montana Code 72-7-102
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Prehearing confinement: means a short-term, nonpunitive housing status that is used to safely and securely control high-risk or at-risk inmates. See Montana Code 53-30-702
• Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
• Premises: means a building, residence, structure, irrigation pump, or facility to which electric service facilities are provided or are to be installed. See Montana Code 69-5-102
• Presentence report: A report prepared by a court's probation officer, after a person has been convicted of an offense, summarizing for the court the background information needed to determine the appropriate sentence. ^{Source: U.S. Courts}
• Presently exercisable power of appointment: means a power of appointment exercisable by the powerholder at the relevant time. See Montana Code 72-7-102
• President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
• Presumptive eligibility: means a period of up to 72 hours after an individual is found to be in crisis and during which the individual is presumed to be eligible for crisis stabilization services that will be reimbursed by the department. See Montana Code 53-21-1401
• Pretax costs: means costs approved by the commission, including but not limited to:

  (a)unrecovered capitalized costs of retired or replaced electric infrastructure or facilities;

  (b)costs of decommissioning and restoring the site of the electric infrastructure or facility;

  (c)other applicable capital and operating costs, accrued carrying charges, deferred expenses, reductions for applicable insurance and salvage proceeds; and

  (d)the costs of retiring any existing indebtedness, fees, costs, and expenses to modify existing debt agreements or for waivers or consents related to existing debt agreements. See Montana Code 69-3-1603

• Principal: means a person who executes a directive, whether or not that directive designates an agent to make health care decisions. See Montana Code 53-21-1302
• Printing: means the act of reproducing a design on a surface by any process. See Montana Code 1-1-203
• Private correctional facility: means a correctional facility that is either privately operated or privately owned and operated. See Montana Code 53-30-602
• Private telecommunications service: means a system, including the construction, maintenance, or operation of the system, for the provision of telecommunications service or any portion of the service, by a person or entity for the sole and exclusive use of that person or entity and not for resale, directly or indirectly. See Montana Code 69-3-803
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Professional person: means :

  (a)a medical doctor;

  (b)an advanced practice registered nurse, as provided for in 37-8-202, with a clinical specialty in psychiatric mental health nursing;

  (c)a licensed psychologist;

  (d)a physician assistant licensed under Title 37, chapter 20, with a clinical specialty in psychiatric mental health; or

  (e)a person who has been certified, as provided for in 53-21-106, by the department. See Montana Code 53-21-102

• Program: means the Montana achieving a better life experience program provided for in this chapter and authorized under section 529A of the Internal Revenue Code, 26 U. See Montana Code 53-25-103
• Program: means the program established in 53-19-306. See Montana Code 53-19-302
• Program administrator: means the person appointed or contracted by the department to administer the daily operations of the program and provide marketing, recordkeeping, investment management, and other services for the program. See Montana Code 53-25-103
• Program manager: means a financial institution that acts on behalf of the trust as provided in 53-25-112. See Montana Code 53-25-103
• Proof of financial responsibility: means proof of ability to respond in damages for liability on account of accidents occurring subsequent to the effective date of the proof of financial responsibility, arising out of the ownership, maintenance, or use of a motor vehicle. See Montana Code 61-6-102
• Property: means land, roads, airstrips, water, watercourses, and private ways. See Montana Code 70-16-302
• Property: means an interest in real property located in this state which is transferable on the death of the owner. See Montana Code 72-6-402
• property corner: means a geographic point on the surface of the earth and is on, is a part of, and controls a property line. See Montana Code 70-22-103
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Protective custody: means a form of separation from the general population for an inmate who requests or requires protection from other inmates for reasons of health or safety. See Montana Code 53-30-702
• Provider: means an individual, company, partnership, corporation, institution, facility, or other entity or business association that has enrolled or applied to enroll as a provider of services or items under the medical assistance program established under this chapter. See Montana Code 53-6-1401
• Public debt: Cumulative amounts borrowed by the Treasury Department or the Federal Financing Bank from the public or from another fund or account. The public debt does not include agency debt (amounts borrowed by other agencies of the Federal Government). The total public debt is subject to a statutory limit.
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• public highway: means the entire width between the boundary lines of every publicly maintained way when any part of the publicly maintained way is open to the use of the public for purposes of vehicular travel. See Montana Code 61-1-101
• public land survey corner: means any corner actually established and monumented in an original survey or resurvey used as a basis of legal description for issuing a patent for the land to a private person from the United States government. See Montana Code 70-22-103
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Public utility: means any public or private person, corporation, or cooperative that provides electric or communication service to the public by means of electric or communication facilities and shall include any special improvement district that provides electric or communication service to the public by means of electric or communication facilities. See Montana Code 69-4-303
• Public utility: has the meaning of a public utility regulated by the commission pursuant to Title 69, chapter 3, on May 2, 1997, including the public utility's successors or assignees. See Montana Code 69-8-103
• Public utility: means a public utility, as defined in 69-3-101, that provides electric or natural gas service. See Montana Code 69-3-1203
• purchase: as used in this part , include exchange, barter, gift, and offer or contract to sell or buy. See Montana Code 61-4-402
• Purchaser: means a person who under contract purchases oil or gas from a first purchaser. See Montana Code 71-3-1602
• Quadricycle: means a four-wheeled motor vehicle, designed for on-road or off-road use, having a seat or saddle on which the operator sits. See Montana Code 61-1-101
• Qualified disability expenses: means qualified disability expenses as defined in section 529A(e)(5) of the Internal Revenue Code, 26 U. See Montana Code 53-25-103
• Qualified intellectual disability professional: means a professional program staff person for the residential facility who the department of public health and human services determines meets the professional requirements necessary for federal certification of the facility. See Montana Code 53-20-102
• Qualified mental health professional: includes psychiatrists, psychologists, psychiatric social workers, licensed professional counselors, psychiatric nurses, or others who, by virtue of their education, credentials, and experience, are permitted by law to evaluate and care for the mental health needs of patients. See Montana Code 53-30-702
• Qualified tow truck operator: means a commercial tow truck operator:

  (i)that has equipment that:

  (A)meets the requirements of 61-8-906, 61-8-907, and 61-9-416; and

  (B)has been classified in accordance with 61-8-905;

  (ii)that participates in the law enforcement rotation system provided for in 61-8-908;

  (iii)that meets the requirements of subsection (6)(b); and

  (iv)that has been issued a letter of appointment pursuant to 61-8-920. See Montana Code 61-8-903

• Qualified withdrawal: means a withdrawal from an account to pay the qualified disability expenses of the designated beneficiary of the account. See Montana Code 53-25-103
• Qualifying load: means , for payments and credits associated with universal system benefits programs, all nonresidential demand-metered accounts of a large customer within the utility's service territory in which the customer qualifies as a large customer. See Montana Code 69-8-103
• Qualifying small power production facility: means a facility that:

  (a)produces electricity by the use, as a primary energy source, of biomass, waste, water, wind, or other renewable resource, or any combination of those sources; or

  (b)produces electricity and useful forms of thermal energy, such as heat or steam, used for industrial, commercial, heating, or cooling purposes through the sequential use of energy known as cogeneration; and

  (c)has a power production capacity that together with any other facilities located at the same site is not greater than 80 megawatts; and

  (d)is owned by a person not primarily engaged in the generation or sale of electricity other than electric power from a small power production facility. See Montana Code 69-3-601

• Quorum: The number of legislators that must be present to do business.
• Railroad: means any form of nonhighway ground transportation that runs on rails or electromagnetic guideways. See Montana Code 69-14-1203
• Railroad: means a carrier of persons or property on cars, other than streetcars, operated on stationary rails. See Montana Code 61-1-101
• railroad: means a corporation, company, or individual owning or operating a railroad in whole or in part in this state. See Montana Code 69-14-102
• Railroad carrier: means an entity that provides rail transportation. See Montana Code 69-14-1203
• Railroad property: means all tangible real and personal property owned, leased, or operated by a railroad carrier, including a right-of-way, track, bridge, yard, shop, station, tunnel, viaduct, trestle, depot, warehouse, terminal, railroad signal system, train control system, centralized dispatching system, or any other structure, appurtenance, or equipment owned, leased, or used in the operation of any railroad carrier, including a train, locomotive, engine, railroad car, work equipment, rolling stock, or safety device. See Montana Code 69-14-1203
• Rate: means a charge by a small telecommunications provider to a subscriber for the initiation or continued provision of regulated telecommunications service. See Montana Code 69-3-901
• Rate increase: means an increase in the rates for regulated telecommunications services provided by a small telecommunications provider and the creation of new rates. See Montana Code 69-3-901
• Real estate improvement contract: means an agreement to perform services, including labor, or to furnish materials for the purpose of producing a change in the physical condition of the real estate, including:

  (i)alteration of the surface by excavation, fill, change in grade, or change in a shore, bank, or flood plain of a stream, swamp, or body of water;

  (ii)construction or installation on, above, or below the surface of land;

  (iii)demolition, repair, remodeling, or removal of a structure previously constructed or installed;

  (iv)seeding, sodding, or other landscape operation;

  (v)surface or subsurface testing, boring, or analysis; and

  (vi)preparation of plans, surveys, or architectural or engineering plans or drawings for any change in the physical condition of the real estate, regardless of whether they are used to produce a change in the physical condition of the real estate. See Montana Code 71-3-522

• Reasonable medical certainty: means reasonable certainty as judged by the standards of a professional person. See Montana Code 53-21-102
• Recidivism: means a circumstance in which any sentence is imposed for a new felony or in which a judge or the board of pardons and parole determines that a person convicted of a felony has violated the person's terms of probation or parole within 5 years of the imposition of a sentence for a previous felony conviction. See Montana Code 1-1-207
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Montana Code 70-29-402
• Record: includes all books, papers, photographs, photostats, cards, film, tapes, recordings, electronic data, printouts, or other documentary materials, regardless of physical form or characteristics. See Montana Code 61-11-503
• Records: means medical, professional, business, or financial information and documents, whether in written, electronic, magnetic, microfilm, or other form:

  (i)pertaining to the provision of treatment, care, services, or items to an individual receiving services under the medicaid program;

  (ii)pertaining to the income and expenses of the provider; or

  (iii)otherwise relating to or pertaining to a determination of eligibility for or entitlement to payment or reimbursement under the medicaid program. See Montana Code 53-6-1401

• Records administrator: means the individual responsible for keeping the public records of the local government and generally means the county, city, or town clerk unless the alternative form or governing body specifies a different individual. See Montana Code 7-3-122
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Recovery audit contractor: means a medicaid recovery audit contractor selected by the department to perform audits for the purpose of ensuring medicaid program integrity in accordance with 42 CFR, part 455. See Montana Code 53-6-1401
• Recreational purposes: as used in this part , includes hunting, fishing, swimming, boating, waterskiing, camping, picnicking, pleasure driving, biking, winter sports, hiking, touring or viewing cultural and historical sites and monuments, spelunking, or other pleasure expeditions. See Montana Code 70-16-301
• Recreational vehicle: includes a motor home, travel trailer, or camper. See Montana Code 61-1-101
• reference monument: means a special monument that does not occupy the same geographical position as the corner itself but whose spatial relationship to the corner is recorded and that serves to witness the corner. See Montana Code 70-22-103
• Regional correctional facility: means a facility for the housing of persons charged with or convicted of a criminal offense that is a joint detention center and correctional facility and that is designed, constructed, or operated under this part by a local governmental entity, a corporation, the department, or any combination of a local governmental entity, a corporation, and the department. See Montana Code 53-30-503
• register: means the act or process of creating an electronic record, maintained by the department, of the assignment of a license plate or a set of license plates to and the issuance of a registration decal for a specific vehicle, the ownership of which has been established or is presumed in department records. See Montana Code 61-1-101
• Registering entity: means a person who originates or transfers a security title by registration and includes a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities. See Montana Code 72-6-301
• Registration decal: means an adhesive sticker produced by the department and issued by the department, its authorized agent, or a county treasurer to the owner of a motor vehicle, trailer, semitrailer, pole trailer, motorboat, sailboat, personal watercraft, or snowmobile as proof of payment of all fees imposed for the registration period indicated on the sticker as recorded by the department under 61-3-101. See Montana Code 61-1-101
• Registration receipt: means a paper record that is produced and issued or, if authorized by the department, an electronic record that is transmitted by the department, its authorized agent, or a county treasurer to the owner of a vehicle that identifies a vehicle, based on information maintained in the electronic record of title for the vehicle, and that provides evidence of the payment of all fees required to be paid for the registration of the vehicle for the registration period indicated in the receipt. See Montana Code 61-1-101
• Regulated companies: means all those organizations, corporations, associations, or other public or private entities which now are or may hereafter become subject to regulation in any manner by the department of public service regulation or the public service commission or any successor agency. See Montana Code 69-1-201
• Regulated companies: means all organizations, corporations, associations, or other public or private entities which now are or may hereafter become subject to regulation in any manner by the department of public service regulation, the public service commission, or any successor agency. See Montana Code 69-1-401
• Regulated energy utility: means a public utility with more than 100 customers that owns distribution facilities for the distribution of electricity or natural gas to the public and that is regulated by the commission pursuant to this title. See Montana Code 69-3-1501
• Regulated telecommunications service: means two-way switched, voice-grade access and transport of communications originating and terminating in this state and nonvoice-grade access and transport if intended to be converted to or from voice-grade access and transport. See Montana Code 69-3-803
• Regulated telecommunications service: is a s defined in 69-3-803. See Montana Code 69-3-901
• Regulated utility: means any electric utility regulated by the commission pursuant to Title 69, chapter 3, on May 2, 1997, including the public utility's successors or assignees. See Montana Code 69-5-102
• Rehabilitation engineering: means the systematic application of technologies, engineering methodologies, or scientific principles to meet the needs of and address the barriers confronted by persons with blindness or low vision. See Montana Code 53-7-301
• Rehabilitation plan: means a plan, developed with the participation of the recipient, for providing services to assist a person with blindness or low vision to become independent and productive or employable. See Montana Code 53-7-301
• Rehabilitation training: means training provided to a person with blindness or low vision to overcome the person's impediment to employment, including but not limited to manual, preconditioning, prevocational, vocational, and supplementary training and training provided for the purpose of achieving broader or more remunerative skills and capacities. See Montana Code 53-7-301
• Relative: means an ascendant, descendant, or collateral or an individual otherwise related to another individual by blood, marriage, adoption, or law of this state other than this part. See Montana Code 70-29-402
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Resident: means a person committed to a residential facility. See Montana Code 53-20-102
• Residential facility screening team: means a team of persons, appointed as provided in 53-20-133, that is responsible for screening a respondent to determine if the commitment of the respondent to a residential facility or the imposition of a community treatment plan is appropriate. See Montana Code 53-20-102
• Respondent: means a person alleged in a petition filed pursuant to this part to be suffering from a mental disorder and requiring commitment. See Montana Code 53-21-102
• Respondent: means a person alleged in a petition filed pursuant to this part to be seriously developmentally disabled and for whom the petition requests commitment to a residential facility or imposition of a community treatment plan. See Montana Code 53-20-102
• Responsible person: means a person willing and able to assume responsibility for a person who is seriously developmentally disabled or alleged to be seriously developmentally disabled. See Montana Code 53-20-102
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Restrictive housing: means a placement that requires an inmate to be confined to a cell for at least 22 hours a day for the safe and secure operation of the facility. See Montana Code 53-30-702
• Retail customer: means a customer that purchases electricity for residential, commercial, or industrial end-use purposes and does not resell electricity to others. See Montana Code 69-8-103
• Retail revenue: means the gross Montana revenue from telecommunications services that originate or terminate in Montana and are billed for a service address in Montana, excluding revenue from the resale of telecommunications services to another telecommunications services provider that uses the telecommunications services to provide telecommunications services to the ultimate retail consumer who originates or terminates the transmission. See Montana Code 69-3-803
• Retail sale: means the sale of a new motor vehicle. See Montana Code 61-4-201
• Retail sale: means the sale of a motor vehicle, trailer, semitrailer, pole trailer, travel trailer, motorboat, snowmobile, off-highway vehicle, or special mobile equipment by a dealer to a person for purposes other than resale. See Montana Code 61-1-101
• Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
• Revocation: means the termination by action of the department of a person's driver's license, privilege to drive a motor vehicle on the public highways, and privilege to apply for and be issued a driver's license for a period of time designated by law, during which the license or privilege may not be renewed, restored, or exercised. See Montana Code 61-1-101
• Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
• Right-of-way: means the track or roadbed owned, leased, or operated by a railroad carrier that is located on either side of its tracks and that is readily recognizable to a reasonable person as being railroad property or is reasonably identified as railroad property by fencing or appropriate signs. See Montana Code 69-14-1203
• Right-of-way: means the privilege of the immediate use of the roadway. See Montana Code 61-8-102
• Right-of-way: has the meaning provided in 61-8-102. See Montana Code 61-9-102
• Roadway: means that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. See Montana Code 61-1-101
• Roadway: means the portion of a highway that is improved, designed, or ordinarily used for vehicular travel, including the paved shoulder. See Montana Code 61-8-102
• Rocky Mountain double: means a combination of vehicles that includes a truck tractor pulling a long semitrailer and a shorter trailer. See Montana Code 61-10-104
• Rollover distribution: means a transfer of funds made:

  (a)from one account in another state's qualified program to an account for the benefit of the same designated beneficiary or an eligible individual who is a family member of the former designated beneficiary; or

  (b)from one account to another account for the benefit of an eligible individual who is a family member of the former designated beneficiary. See Montana Code 53-25-103

• Rotation area: means the base area where a qualified tow truck operator is dispatched and operates. See Montana Code 61-8-903
• Rural telephone company: means a local exchange carrier operating entity to the extent that the entity:

  (a)provides common carrier service to any local exchange carrier study area that does not include either:

  (i)all or any part of an incorporated place of 10,000 inhabitants or more based on the most recently available population statistics of the United States bureau of the census; or

  (ii)any territory, incorporated or unincorporated, included in an urbanized area, as defined by the United States bureau of the census as of August 10, 1993;

  (b)provides telephone exchange service, including exchange access, to fewer than 50,000 access lines;

  (c)provides telephone exchange service to any local exchange carrier study area with fewer than 100,000 access lines; or

  (d)has less than 15% of its access lines in communities of more than 50,000 on February 8, 1996. See Montana Code 69-3-803

• Sailboat: means a vessel that uses a sail and wind as its primary source of propulsion. See Montana Code 61-1-101
• school bus: has the meaning provided in 49 C. See Montana Code 61-1-101
• School zone: means an area near a school beginning at the school's front door, encompassing the campus and school property, and including the streets directly adjacent to the school property and for as many blocks surrounding the school as determined by the local authority establishing a special speed limit under 61-8-310(1)(d). See Montana Code 61-1-101
• Seatbelt: means a system using a lap belt, a shoulder belt, or other belt or combination of belts installed in a motor vehicle to restrain occupants, which system conforms to federal motor vehicle safety standards. See Montana Code 61-13-102
• Security: means a share, participation, or other interest in property, in a business, or in an obligation of an enterprise or other issuer and includes a certificated security, an uncertificated security, and a security account. See Montana Code 72-6-301
• Security account: means :

  (a)a reinvestment account associated with a security, a securities account with a broker, a cash balance in a brokerage account, cash, cash equivalents, interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account, or a brokerage account, whether or not credited to the account before the owner's death;

  (b)a cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner's death; or

  (c)an investment management or custody account with a trust company or trust division of a bank with trust powers, including the securities in the account, a cash balance in the account, and cash, cash equivalents, interest, earnings, or dividends earned or declared on a security in the account, whether or not credited to the account before the owner's death. See Montana Code 72-6-301

• Security deposit: means value given, in money or its equivalent, to secure the payment of rent by the tenant under a leasehold agreement or to secure payment for damage to and cleaning of the leasehold premises. See Montana Code 70-25-101
• Self-sufficiency trust: means a trust created by a nonprofit corporation that is a 501(c)(3) organization under the Internal Revenue Code, 26 U. See Montana Code 53-18-101
• Sell: means to transfer ownership from one person to another person or from a dealer to another person for consideration. See Montana Code 61-1-101
• Seller: means a person, corporation, association, or business entity that transfers a line of railroad by sale, lease, or other agreement. See Montana Code 69-14-1101
• Semitrailer: means a vehicle, with or without motive power, other than a pole trailer, designed for carrying property and for being drawn by a motor vehicle and constructed so that some part of its weight and that of its load rests on or is carried by another vehicle. See Montana Code 61-1-101
• Serious bodily injury: means bodily injury that involves:

  (a)a substantial risk of death;

  (b)extreme physical pain;

  (c)protracted and obvious disfigurement; or

  (d)protracted impairment of the function of or loss of a bodily member, organ, or mental faculty. See Montana Code 69-14-1203

• Seriously developmentally disabled: means a person who:

  (a)has a developmental disability;

  (b)is impaired in cognitive functioning; and

  (c)cannot be safely and effectively habilitated through voluntary use of community-based services because of behaviors that pose an imminent risk of serious harm to self or others. See Montana Code 53-20-102

• Service area: means a region of the state as defined by the department by rule within which mental health services are administered. See Montana Code 53-21-1001
• Service area authority: means an entity, as provided for in 53-21-1006, that has incorporated to collaborate with the department for the planning and oversight of mental health services within a service area. See Montana Code 53-21-1001
• Service contract: means any agreement or understanding whereby any company for a consideration promises to render, furnish, or procure for any other person or persons, whether they be members of the company or otherwise, motor club service. See Montana Code 61-12-301
• Service of process: The service of writs or summonses to the appropriate party.
• Service provider: means an entity that offers services to subscribers in Montana to allow two or more persons in different locations to communicate orally, without regard to the technology or medium the entity uses to provide the telecommunications service, and access to telecommunications relay service. See Montana Code 53-19-302
• Service territory: means premises receiving distribution service from a utility on January 1, 2011, and premises added pursuant to Title 69, chapter 5. See Montana Code 69-5-102
• Servicer: means a person who collects loan payments on behalf of a beneficiary. See Montana Code 71-1-303
• services: means the services allowed under 53-21-1403. See Montana Code 53-21-1401
• severance: means the taking, extraction, or production from the leasehold of oil or gas in any manner. See Montana Code 71-3-1602
• Severe mental illness: means a substantial organic or psychiatric disorder of thought, mood, perception, orientation, or memory that significantly impairs judgment, behavior, or the ability to cope with the basic demands of life. See Montana Code 53-30-702
• Sex: means the organization of the body parts and gametes for reproduction in human beings and other organisms. See Montana Code 1-1-201
• shared-use path: means a multiuse path that is separated from motorized vehicular traffic by an open space, pavement markings, or a barrier within a highway right-of-way and that is usable for transportation purposes by pedestrians, runners, bicyclists, skaters, equestrians, and other nonmotorized users. See Montana Code 60-3-302
• Sidewalk: means the portion of a street that is between the curb lines or the lateral lines of a roadway and the adjacent property lines and that is intended for use by pedestrians. See Montana Code 61-8-102
• Significant error rate: means previous billing errors greater than 5% of the total lines reviewed. See Montana Code 53-6-1401
• Small telecommunications provider: means a person, partnership, corporation, or other entity providing regulated telecommunications service to less than 12,000 subscribers in Montana. See Montana Code 69-3-901
• Snowmobile: means a self-propelled vehicle of an overall width of 48 inches or less, excluding accessories, that is designed primarily 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. See Montana Code 61-1-101
• Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
• Special mobile equipment: means a vehicle not designed for the transportation of persons or property on the highways but incidentally operated or moved over the highways, including road construction or maintenance machinery, ditch-digging apparatus, and well-boring apparatus. See Montana Code 61-1-101
• Specialized telecommunications equipment: means any telecommunications device that enables or assists a person with a disability to communicate with others by means of the public switched telephone network or internet protocol-enabled voice communications service. See Montana Code 53-19-302
• Specially constructed vehicle: means a motor vehicle, including a motorcycle, that:

  (i)was not originally constructed under a distinctive make, model, or type by a generally recognized manufacturer of motor vehicles;

  (ii)has been structurally modified so that it does not have the same appearance as similar vehicles from a generally recognized manufacturer of motor vehicles;

  (iii)has been constructed or assembled entirely from custom-built parts and materials not obtained from other vehicles;

  (iv)has been constructed or assembled by using major component parts from one or more manufactured vehicles and that cannot be identified as a specific make or model; or

  (v)has been constructed by the use of a kit that cannot be visually identified as a specific make or model. See Montana Code 61-1-101

• Specific information sign: means a motorist information sign that is located on the interstate highway system and that contains:

  (a)the words "GAS" "FOOD" "LODGING" or "CAMPING";

  (b)directional information; and

  (c)one or more individual business signs. See Montana Code 60-5-502

• Specific-exercise clause: means a clause in an instrument that specifically refers to and exercises a particular power of appointment. See Montana Code 72-7-102
• Sport utility vehicle: means a light vehicle designed to transport 10 or fewer persons that is constructed on a truck chassis or that has special features for occasional off-road use. See Montana Code 61-1-101
• State: means any state, territory, or possession of the United States, the District of Columbia, or any province of the Dominion of Canada. See Montana Code 61-6-102
• State hospital: means the Montana state hospital. See Montana Code 53-21-102
• state prison: means :

  (1)a state penal or correctional institution whose primary function is to provide for the custody, treatment, training, and rehabilitation of adult criminal offenders;

  (2)a state penal or correctional facility portion of a Montana regional correctional facility;

  (3)a detention center, a state penal facility, or a correctional facility in another jurisdiction detaining Montana inmates pursuant to 53-30-106;

  (4)a private correctional facility or penal facility licensed by the department of corrections or a private correctional facility or penal facility portion of a Montana regional correctional facility licensed by the department of corrections; or

  (5)a combination of the facilities listed in this section. See Montana Code 53-30-101

• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Steering axle: means an axle that pivots at the hub to allow the wheel to follow the travel of the vehicle. See Montana Code 61-10-104
• Step-down program: means an individualized program that includes a system of review and establishes criteria to prepare an inmate for transition to the general population or the community and that involves a coordinated, multidisciplinary team approach that includes mental health, case management, and security practitioners. See Montana Code 53-30-702
• Stinger-steered automobile transporter: means a truck tractor-semitrailer combination that has a fifth wheel on a drop frame located behind and below the rear axle of the truck tractor and that is designed and used for the transportation of vehicles. See Montana Code 61-10-104
• Stinger-steered boat transporter: means a truck tractor-semitrailer combination that has a fifth wheel on a drop frame located behind and below the rear axle of the truck tractor and that is designed and used for the transportation of assembled boats or boat hulls. See Montana Code 61-10-104
• Storage facilities: means those facilities that are owned, controlled, or operated by a person offering storage service for natural gas and generally means any underground reservoir suitable for the storage of natural gas and the facilities used to inject and withdraw natural gas into and out of that underground reservoir. See Montana Code 69-3-1402
• Storage lot: means property owned, leased, or rented by a dealer that is not contiguous to the dealer's established place of business where a motor vehicle from the dealer's inventory may be placed when space at the dealer's established place of business is not available. See Montana Code 61-1-101
• Street: means the entire width between the boundary lines of every publicly maintained way when any part of the publicly maintained way is open to the use of the public for purposes of vehicular travel. See Montana Code 61-1-101
• Street rod: means a motor vehicle, other than a motorcycle, that:

  (a)was manufactured prior to 1949 or was built to resemble a vehicle manufactured before 1949, including a kit vehicle intended to resemble a vehicle manufactured before 1949; and

  (b)has been altered from the manufacturer's original design or has a body constructed from nonoriginal materials. See Montana Code 61-1-101

• Subdivision: has the meaning provided for in 76-3-103. See Montana Code 69-5-102
• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• Subscriber: means a person, partnership, corporation, or other entity acquiring regulated telecommunications service from a small telecommunications provider. See Montana Code 69-3-901
• Subscriber: means an end user who receives telecommunications network access from a service provider. See Montana Code 53-19-302
• Subscribing witness: means a person who sees a writing executed or hears it acknowledged and at the request of the party signs the person's name as a witness. See Montana Code 1-1-203
• subscription: includes the mark of a person who cannot write if the person's name is written near the mark by another person who also signs that person's own name as a witness. See Montana Code 1-1-203
• Successor: means , with respect to any legal entity, another legal entity that succeeds by operation of law to the rights and obligations of the first legal entity pursuant to any bankruptcy, reorganization, restructuring, other insolvency proceeding, merger, acquisition, consolidation, or sale or transfer of assets, whether any of these occur due to restructuring of the electric power industry or otherwise. See Montana Code 69-3-1603
• Summons: Another word for subpoena used by the criminal justice system.
• Supervising health care provider: means the primary physician or, if there is no primary physician or the primary physician is not reasonably available, the health care provider who undertakes primary responsibility for a principal's health care. See Montana Code 53-21-1302
• surveyor: means a person who is licensed to practice land surveying under Title 37, chapter 67, and has a paid-up license for that calendar year or who is authorized under Title 37, chapter 67, to practice land surveying. See Montana Code 70-22-103
• Suspension: means the withdrawal, by action of the department, of a motor vehicle's registration, as defined in 61-1-101, for a period of time prescribed by department rule. See Montana Code 61-6-102
• Suspension: means the temporary withdrawal by action of the department of a person's driver's license, privilege to drive a motor vehicle on the public highways, and privilege to apply for or be issued a driver's license for a period of time designated by law. See Montana Code 61-1-101
• System: means the online motor vehicle liability insurance verification system created in 61-6-157. See Montana Code 61-6-102
• Taker in default of appointment: means a person who takes all or part of the appointive property to the extent the powerholder does not effectively exercise the power of appointment. See Montana Code 72-7-102
• Tampering: means damaging, altering, adjusting, or in any manner interfering with or obstructing the operation or function of any authorized metering device provided for measuring or registering utility service. See Montana Code 69-4-1102
• Telecommunications: means the transmission, between or among points specified by the user, of information of the user's choosing without a change in the form or content of the information upon receipt. See Montana Code 69-3-803
• Telecommunications: means the transmission, between or among points specified by the user, of information of the user's choosing without a change in the form or content of the information upon receipt. See Montana Code 53-19-302
• Telecommunications carrier: means the same as provided in 69-3-1302. See Montana Code 69-3-1102
• Telecommunications relay service: means a service that permits full and simultaneous communication between those using specialized telecommunications equipment and those using conventional telephone equipment or any other technology or equipment, including but not limited to personal computers and videophones. See Montana Code 53-19-302
• Temporary registration permit: means a paper record:

  (a)issued by the department, an authorized agent, a county treasurer, or a person, using a department-approved electronic interface after an electronic record has been transmitted to the department, that contains:

  (i)required vehicle and owner information; and

  (ii)the purpose for which the record was generated; and

  (b)that, when placed in a durable license-plate style plastic pouch approved by the department and displayed as prescribed in 61-3-224, authorizes a person to operate the described motor vehicle, motorboat, sailboat that is 12 feet in length or longer, snowmobile, or off-highway vehicle for:

  (i)40 days from the date the record is issued or until the vehicle is registered under Title 23 or this title, whichever first occurs; or

  (ii)90 days from the date the record is issued for a permit issued pursuant to 61-3-303(4)(b). See Montana Code 61-1-101

• Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
• Tenancy by the entirety: A type of joint tenancy between husband and wife that is recognized in some States. Neither party can sever the joint tenancy relationship; when a spouse dies, the survivor acquires full title to the property.
• Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent
• Terminating carrier: means a telecommunications carrier upon whose network telecommunications traffic terminates. See Montana Code 69-3-803
• Terms of the instrument: means the manifestation of the intent of the maker of the instrument regarding the instrument's provisions as expressed in the instrument or as may be established by other evidence that would be admissible in a legal proceeding. See Montana Code 72-7-102
• Testate: To die leaving a will.
• Testator: A male person who leaves a will at death.
• Testify: Answer questions in court.
• Testify: means every mode of oral statement under oath or affirmation. See Montana Code 1-1-202
• Theft service: means any act or acts by a company the purpose of which is to locate, identify, or recover a motor vehicle owned or controlled by the holder of a service contract with the company that has been or may be stolen or to detect or apprehend the person guilty of the theft. See Montana Code 61-12-301
• Third persons: means all persons who are not parties to the obligation or transaction concerning which the phrase is used. See Montana Code 1-1-206
• Throughway: means a portion of an arterial highway constructed and used for carrying traffic partially or entirely around a town or city or a portion of a town or city. See Montana Code 60-5-102
• Title insurance producer: means a person who holds a valid title insurance producer's license and is authorized in writing by a title insurer to:

  (i)solicit title insurance business;

  (ii)collect rates;

  (iii)determine insurability in accordance with underwriting rules and standards of the insurer; or

  (iv)issue policies of the title insurer. See Montana Code 71-1-303

• Title insurer: means an insurer formed and authorized under the laws of this state to transact the business of title insurance in this state or a foreign or alien insurer authorized to transact title insurance in this state. See Montana Code 71-1-303
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Touring service: means any act or acts by a company by which touring information is furnished without cost to holders of service contracts with the company. See Montana Code 61-12-301
• Tourist-oriented directional sign: means a motorist information sign located on the primary highway system to provide:

  (a)business identification; and

  (b)directional information for businesses, services, and activities of interest to tourists. See Montana Code 60-5-502

• Towing service: means any act or acts by a company consisting of the drafting or moving of a motor vehicle from one place to another under other than its own power. See Montana Code 61-12-301
• 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
• Traffic control signal: means a device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and to proceed. See Montana Code 61-8-102
• Traffic regulation: includes any provision governing motor vehicle operation, equipment, safety, or driver licensing. See Montana Code 61-11-203
• Trailer: has the meaning provided in 61-1-101 but does not include a trailer that has an unloaded weight of less than 500 pounds. See Montana Code 61-4-131
• Trailer: means a vehicle, with or without motive power, other than a pole trailer, designed for carrying property and for being drawn by a motor vehicle and constructed so that no part of its weight rests on the towing vehicle. See Montana Code 61-1-101
• train: means a steam engine or electric or other motor, with or without cars coupled to the engine, that is operated on rails. See Montana Code 61-1-101
• Transaction: means the limited purchase, sale, or transfer of part of a line of railroad that will be operated by a common rail carrier. See Montana Code 69-14-1101
• Transaction summary receipt: means an electronic record produced and issued by the department, its authorized agent, or a county treasurer for which a paper receipt is issued. See Montana Code 61-1-101
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Transfer on death deed: means a deed authorized under this part. See Montana Code 72-6-402
• Transferee: means a person or entity that:

  (a)is in possession or control of a new motor vehicle dealer;

  (b)holds an ownership or signed contract interest in a new motor vehicle dealer;

  (c)is acting in a fiduciary capacity for a new motor vehicle dealer; or

  (d)is an heir, devisee, personal representative, beneficiary, successor, or assign of a new motor vehicle dealer. See Montana Code 61-4-201

• Transferor: means an individual who makes a transfer on death deed. See Montana Code 72-6-402
• Transit traffic: means telecommunications traffic that an originating carrier delivers to a transiting carrier or carriers for delivery to a terminating carrier. See Montana Code 69-3-803
• Transiting carrier: means a telecommunications carrier or carriers that transport transit traffic from an originating carrier to a terminating carrier and that do not originate or terminate telecommunications traffic. See Montana Code 69-3-803
• Transition bonds: means any bond, debenture, note, interim certificate, collateral, trust certificate, or other evidence of indebtedness or ownership issued by the board or other transition bonds issuer that is secured by or payable from fixed transition amounts or transition property. See Montana Code 69-8-103
• Transition charge: means a nonbypassable rate or charge to be imposed on a customer to pay the customer's share of transition costs. See Montana Code 69-8-103
• Transition cost recovery period: means the period beginning on July 1, 1998, and ending when a utility customer does not have any liability for payment of transition costs. See Montana Code 69-8-103
• Transition costs: means :

  (a)a public utility's net verifiable generation-related and electricity supply costs, including costs of capital, that become unrecoverable as a result of the implementation of federal law requiring retail open access or customer choice or of this chapter;

  (b)those costs that include but are not limited to:

  (i)regulatory assets and deferred charges that exist because of current regulatory practices and can be accounted for up to the effective date of the commission's final order regarding a public utility's transition plan and conservation investments made prior to universal system benefits charge implementation;

  (ii)nonutility and utility power purchase contracts executed before May 2, 1997, including qualifying facility contracts;

  (iii)existing generation investments and supply commitments or other obligations incurred before May 2, 1997, and costs arising from these investments and commitments;

  (iv)the costs associated with renegotiation or buyout of the existing nonutility and utility power purchase contracts, including qualifying facilities and all costs, expenses, and reasonable fees related to issuing transition bonds; and

  (v)the costs of refinancing and retiring of debt or equity capital of the public utility and associated federal and state tax liabilities or other utility costs for which the use of transition bonds would benefit customers. See Montana Code 69-8-103

• Transition costs: means :

  (a)a natural gas utility's net, verifiable production-related and gathering-related costs, including costs of capital, that become unrecoverable as a result of customer choice and open access. See Montana Code 69-3-1402

• Transition property: means the property right created by a financing order, including without limitation the right, title, and interest of a utility, assignee, or other issuer of transition bonds to all revenue, collections, claims, payments, money, or proceeds of or arising from or constituting fixed transition amounts that are the subject of a financing order, including those nonbypassable rates and other charges and fixed transition amounts that are authorized by the commission in the financing order to recover transition costs and the costs of recovering, reimbursing, financing, or refinancing the transition costs and acquiring transition property, including the costs of issuing, servicing, and retiring transition bonds. See Montana Code 69-8-103
• Transmission facilities: means facilities that are used to provide transmission services and are owned, controlled, or operated by an incumbent electric utility. See Montana Code 69-5-201
• Transmission facilities: means those facilities that are used to provide transmission services as determined by the federal energy regulatory commission and the commission and that are controlled or operated by a utility. See Montana Code 69-8-103
• Transmission facilities: means those facilities owned, controlled, and operated by a transmission services provider that are used to transport natural gas from a gathering line or storage facility to a distribution facility, storage facility, or end-use customer. See Montana Code 69-3-1402
• Transmission services provider: means a person controlling or operating transmission facilities. See Montana Code 69-3-1402
• Travel trailer: means a vehicle:

  (a)that is 46 feet or less in length;

  (b)that is of a size or weight that does not require special permits when towed by a motor vehicle; and

  (c)that is designed to provide temporary facilities for recreational, travel, or camping use and not used as a principal residence. See Montana Code 61-1-101

• Tribal government: means a federally recognized Indian tribe within the state of Montana. See Montana Code 53-30-303
• Truck tractor: means a motor vehicle designed and used primarily for drawing other vehicles and not constructed to carry a load other than a part of the weight of the vehicle and load drawn. See Montana Code 61-1-101
• Trust: means the achieving a better life experience savings trust as provided in 53-25-121. See Montana Code 53-25-103
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trust indenture: means an indenture executed in conformity with this part and conveying real property to a trustee in trust to secure the performance of an obligation of the grantor or other person named in the indenture to a beneficiary. See Montana Code 71-1-303
• Trust interest: means a designated beneficiary's interest in the trust created by a participating trust agreement and held for the benefit of the designated beneficiary. See Montana Code 53-25-103
• Trustee: A person or institution holding and administering property in trust.
• Trustee: means a person to whom the legal title to real property is conveyed by a trust indenture or the person's successor in interest. See Montana Code 71-1-303
• Trustee: means the department in its capacity as trustee of the trust. See Montana Code 53-25-103
• Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
• Under the influence: has the meaning provided in 61-8-1001. See Montana Code 61-1-101
• Under the influence: means that as a result of taking into the body alcohol, drugs, or any combination of alcohol and drugs, a person's ability to safely operate a vehicle has been diminished. See Montana Code 61-8-1001
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• Unit of local government: means a county, city, town, or city-county consolidated government. See Montana Code 53-30-303
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• Universal system benefits charge: means a nonbypassable rate or charge to be imposed on a customer to pay the customer's share of universal system benefits programs costs. See Montana Code 69-8-103
• Universal system benefits charge: means a nonbypassable rate or charge to be imposed on a customer to pay the customer's share of universal system benefits program costs. See Montana Code 69-3-1402
• Universal system benefits programs: means public purpose programs for:

  (a)cost-effective local energy conservation;

  (b)low-income customer weatherization;

  (c)renewable resource projects and applications, including those that capture unique social and energy system benefits or that provide transmission and distribution system benefits;

  (d)research and development programs related to energy conservation and renewables;

  (e)market transformation designed to encourage competitive markets for public purpose programs; and

  (f)low-income energy assistance. See Montana Code 69-8-103

• Universal system benefits programs: means public purpose programs for cost-effective local energy conservation, low-income energy bill discounts, low-income weatherization, and emergency low-income energy bill assistance. See Montana Code 69-3-1402
• Usage: means a reasonable and lawful public custom concerning transactions of the same nature as those which are to be affected thereby, existing at the place where the obligation is to be performed, and either known to the parties or so well established, general, and uniform that the parties must be presumed to have acted with reference thereto. See Montana Code 1-1-206
• Used motor vehicle: includes any motor vehicle that has been sold, bargained, exchanged, or given away or had its title transferred from the person who first took title to it from the manufacturer, importer, dealer, wholesaler, or agent of the manufacturer or importer and that has been used so as to have become what is commonly known as "secondhand" within the ordinary meaning of that term. See Montana Code 61-1-101
• User: means an airplane pilot or an airplane passenger who flies into an airport. See Montana Code 67-10-902
• User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
• Usual: means according to usage. See Montana Code 1-1-206
• Utility: means a public utility regulated by the public service commission pursuant to Title 69, chapter 3. See Montana Code 69-4-1001
• Utility: means any public utility, municipally owned utility, or cooperative utility that provides electricity, gas, water, sewage disposal, or combination thereof, for sale to consumers. See Montana Code 69-4-1102
• Utility: means a public utility regulated by the commission pursuant to Title 69, chapter 3, or a utility qualifying as an electric cooperative pursuant to Title 35, chapter 18, or their successors or assignees. See Montana Code 69-5-102
• Utility: means any public utility supplying electricity and regulated by the commission. See Montana Code 69-3-601
• Utility: means any public utility or cooperative utility. See Montana Code 69-8-103
• Utility service: means the provision of electricity, gas, water, or sewer service. See Montana Code 69-4-1102
• Van: means a motor vehicle designed for the transportation of at least six persons and not more than nine persons and intended for but not limited to family or personal transportation without compensation. See Montana Code 61-1-101
• Vandalism to railroad property: means committing an act that may cause damage to railroad property or bodily injury to another person. See Montana Code 69-14-1203
• Vector: means a straight line between two points. See Montana Code 69-5-102
• Vehicle: has the meaning provided in 61-1-101, except that the term does not include a bicycle. See Montana Code 61-8-1001
• Vehicle: means a device in, on, or by which any person or property may be transported or drawn on a public highway, except devices moved by animal power or used exclusively on stationary rails or tracks. See Montana Code 61-1-101
• Vehicle identification number: means the number, letters, or combination of numbers and letters assigned by the manufacturer, by the department, or in accordance with the laws of another state or country for the purpose of identifying the motor vehicle or a component part of the motor vehicle. See Montana Code 61-1-101
• Venue: The geographical location in which a case is tried.
• Verdict: The decision of a petit jury or a judge.
• Vessel: means every description of watercraft, unless otherwise defined by the department, other than a seaplane on the water, used or capable of being used as a means of transportation on water. See Montana Code 61-1-101
• Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
• Victim: means :

  (a)a person who suffers bodily injury or death as a result of:

  (i)criminally injurious conduct;

  (ii)the person's good faith effort to prevent criminally injurious conduct; or

  (iii)the person's good faith effort to apprehend a person reasonably suspected of engaging in criminally injurious conduct; or

  (b)a minor child present in a home where domestic violence occurred. See Montana Code 53-9-103

• Vocational rehabilitation: means the provision of vocational rehabilitation services to a person with blindness or low vision to enable the person to the extent possible to become independent and productive or employable. See Montana Code 53-7-301
• Vocational rehabilitation services: means the following services: medical diagnosis, vocational guidance, vocational counseling, vocational placement, rehabilitation training, rehabilitation engineering, physical restoration, transportation, occupational licenses, customary occupational tools and equipment, maintenance, training books and materials, group facilities, family services, followup services, and any other goods and services provided for by rule and that the department determines to be necessary to rehabilitate the person. See Montana Code 53-7-301
• ways of this state open to the public: means any highway, road, alley, lane, parking area, or other public or private place adapted and fitted for public travel that is in common use by the public. See Montana Code 61-8-101
• wholesale distributor: means a person, firm, association, corporation, or other organization engaged directly or indirectly in the sale or distribution of motor vehicles to agents or to dealers. See Montana Code 61-4-402
• wholesaler: means a person who sells or distributes a line-make of new motor vehicles to new motor vehicle dealers in this state or who maintains distributor representatives in this state. See Montana Code 61-4-201
• Wholesaler: means a person that for a commission or with intent to make a profit or gain of money or other thing of value sells, exchanges, or attempts to negotiate a sale or exchange of an interest in a used motor vehicle, trailer, semitrailer, pole trailer, travel trailer, motorboat, snowmobile, off-highway vehicle, or special mobile equipment only to dealers and auto auctions licensed under chapter 4, part 1. See Montana Code 61-1-101
• Willfully: when applied to the intent with which an act is done or omitted, means a purpose or willingness to commit the act or make the omission referred to. See Montana Code 1-1-204
• Wind easement: means the right granted by the owner of real property to a wind energy developer guaranteeing the developer the right to use the real property legally described in a wind energy agreement and the wind resource located on and flowing over its surface to develop a wind energy project. See Montana Code 70-17-402
• Wind energy agreement: means any wind energy lease or license or any other written document entered into between the owner of the real property and the wind energy developer that contains the wind easement. See Montana Code 70-17-402
• Wind energy developer: means the person that enters into a wind option agreement or wind energy agreement with the owner of the real property for the purpose of developing a wind energy project. See Montana Code 70-17-402
• Wind energy right: means an interest in real property on and over which the wind resource is located and flows that is appurtenant to the real property. See Montana Code 70-17-402
• Wind option agreement: means a written agreement in which the owner of real property grants a wind energy developer an exclusive right to obtain a wind easement through a wind energy agreement. See Montana Code 70-17-402
• Writing: includes printing. See Montana Code 1-1-203
• Yard: means a system of parallel tracks, crossovers, and switches where railroad cars are switched and made up into trains and where railroad cars, locomotives, and other rolling stock are kept when not in use or when awaiting repairs. See Montana Code 69-14-1203