Part 1 General Provisions § 1-2-101 – § 1-2-116
Part 2 Effect of Legislature’s Actions § 1-2-201 – § 1-2-208

Terms Used In Montana Code > Title 1 > Chapter 2

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Agency: means an office, position, commission, committee, board, department, council, division, bureau, section, or any other entity or instrumentality of the executive branch of state government. See Montana Code 2-15-102
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Chambers: A judge's office.
  • 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 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.
  • Data: means any information stored on information technology resources. See Montana Code 2-15-102
  • Department: means a principal functional and administrative entity that:

    (a) is created by this chapter within the executive branch of state government;

    (b) is one of the 20 principal departments permitted under the constitution; and

    (c) includes its units. See Montana Code 2-15-102

  • Department head: means a director, commission, board, commissioner, or constitutional officer in charge of a department created by this chapter. See Montana Code 2-15-102
  • Director: means a department head specifically referred to as a director in this chapter and does not mean a commission, board, commissioner, or constitutional officer. See Montana Code 2-15-102
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Docket: A log containing brief entries of court proceedings.
  • Ex officio: Literally, by virtue of one's office.
  • Executive branch: means the executive branch of state government referred to in Article III, section 1, and Article VI of the Montana constitution. See Montana Code 2-15-102
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Function: means a duty, power, or program, exercised by or assigned to an agency, whether or not specifically provided for by law. See Montana Code 2-15-102
  • 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
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Joint session: When both chambers of a legislature adopt a concurrent resolution to meet together.
  • 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
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Majority leader: means the leader of the majority party, elected by the caucus as provided in 5-2-221. See Montana Code 1-1-208
  • Minority leader: means the leader of the minority party, elected by the caucus as provided in 5-2-221. See Montana Code 1-1-208
  • Political subdivision: means a local government unit including but not limited to a county, city, or town established under authority of Article XI, section 1, of The Constitution of the State of Montana or a school district. See Montana Code 2-16-602
  • 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.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public office: means a position of duty, trust, or authority created by the constitution or by the legislature or by a political subdivision through authority conferred by the constitution or the legislature that meets the following criteria:

    (a) the position must possess a delegation of a portion of the sovereign power of government to be exercised for the benefit of the public;

    (b) the powers conferred and the duties to be discharged must be defined, directly or impliedly, by the constitution, the legislature, or by a political subdivision through legislative authority;

    (c) the duties must be performed independently and without control of a superior power other than the law, unless the legislature has created the position and placed it under the general control of a superior office or body; and

    (d) the position must have some permanency and continuity and not be only temporary or occasional. See Montana Code 2-16-602

  • Recess: A temporary interruption of the legislative business.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • State-district: means a public service commission district, a legislative representative or senatorial district, or a judicial district. See Montana Code 2-16-602
  • 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
  • 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
  • Unit: means an internal subdivision of an agency, created by law or by administrative action, including a division, bureau, section, or department, and an agency allocated to a department for administrative purposes only by this chapter. See Montana Code 2-15-102
  • Usual: means according to usage. See Montana Code 1-1-206