Terms Used In Montana Code > Title 1 > Chapter 2 > Part 1 - General Provisions

• Agency: means any board, bureau, commission, department, authority, or officer of the executive branch of state government authorized or required by law to make rules. See Montana Code 2-5-103
• Agency: means an office, position, commission, committee, board, department, council, division, bureau, section, or any other entity or instrumentality of the executive department of state government. See Montana Code 2-8-102
• Agency: means an office, position, commission, committee, board, department, council, division, bureau, section, or any other entity or instrumentality of the executive, legislative, or judicial branch of state government. See Montana Code 2-8-301
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• 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
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• breach: means the unauthorized acquisition of computerized data that:

  (a)materially compromises the security, confidentiality, or integrity of the personal information maintained by a state agency or by a third party on behalf of a state agency; and

  (b)causes or is reasonably believed to cause loss or injury to a person. See Montana Code 2-6-1501

• Chief information security officer: means an employee at the department of administration designated by the chief information officer who is responsible for protecting the state's information assets and citizens' data by:

  (a)advising and overseeing information security strategy and programs for executive branch state agencies without elected officials;

  (b)advising and consulting information security strategy and programs for executive branch state agencies with elected officials and the legislative and judicial branches; and

  (c)advising information security strategy and programs for city, county, consolidated city-county, and local governments and for school districts, other political subdivisions, or tribal governments. See Montana Code 2-6-1501

• committee: means an advisory committee established under 2-5-106 and authorized under 2-4-304 to consider and discuss issues for the purpose of reaching a consensus in the development of a proposed rule. See Montana Code 2-5-103
• Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
• 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.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Confidential information: means information that is accorded confidential status or is prohibited from disclosure as provided by applicable law. See Montana Code 2-6-1002
• Consensus: means unanimous concurrence among the interests represented on a negotiated rulemaking committee established under 2-5-106 unless the committee agrees upon another specified definition. See Montana Code 2-5-103
• Constitutional officer: means the governor, lieutenant governor, attorney general, secretary of state, superintendent of public instruction, or auditor, who are the constitutionally designated and elected officials of the executive branch of government. See Montana Code 2-6-1002
• Constitutional officer record: means a public record prepared, owned, used, or retained by a constitutional officer. See Montana Code 2-6-1002
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Convener: means a person who impartially assists an agency in determining whether establishment of a negotiated rulemaking committee is feasible and appropriate for a particular rulemaking procedure. See Montana Code 2-5-103
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• 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}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Executive branch agency: means a department, board, commission, office, bureau, or other public authority of the executive branch of state government. See Montana Code 2-6-1002
• Facilitator: means a person who impartially aids in the discussions and negotiations among the members of a negotiated rulemaking committee to develop a proposed rule. See Montana Code 2-5-103
• Fiduciary: A trustee, executor, or administrator.
• 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.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Historic record: means a public record found by the state archivist to have permanent administrative or historic value to the state. See Montana Code 2-6-1002
• Individual: means a human being. See Montana Code 2-6-1501
• Interest: means , with respect to an issue or matter, multiple parties that have a similar point of view or that are likely to be affected in a similar manner. See Montana Code 2-5-103
• Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local government: means a city, town, county, consolidated city-county, special district, or school district or a subdivision of one of these entities. See Montana Code 2-6-1002
• Local government records committee: means the committee provided for in 2-6-1201. See Montana Code 2-6-1002
• Negotiated rulemaking: means rulemaking through the use of a negotiated rulemaking committee. See Montana Code 2-5-103
• 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.
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Performance audit: means an examination of the effectiveness of administration and its efficiency and adequacy in terms of the program of a state agency authorized by law to be performed and the conformance of expenditures with legislative intent. See Montana Code 2-8-102
• Permanent record: means a public record designated for long-term or permanent retention. See Montana Code 2-6-1002
• Person: means an individual, partnership, corporation, association, governmental subdivision, agency, or public or private organization of any character. See Montana Code 2-5-103
• Person: means an individual, a partnership, a corporation, an association, or a public organization of any character. See Montana Code 2-6-1501
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Personal information: means a first name or first initial and last name in combination with any one or more of the following data elements when the name and data elements are not encrypted:

  (i)a social security number;

  (ii)a driver's license number, an identification card number issued pursuant to 61-12-501, a tribal identification number or enrollment number, or a similar identification number issued by any state, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, or American Samoa;

  (iii)an account number or credit or debit card number in combination with any required security code, access code, or password that would permit access to a person's financial account;

  (iv)medical record information as defined in 33-19-104;

  (v)a taxpayer identification number; or

  (vi)an identity protection personal identification number issued by the United States internal revenue service. See Montana Code 2-6-1501

• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Printing: means the act of reproducing a design on a surface by any process. See Montana Code 1-1-203
• Private sector: means any entity or individual not principally a part of or associated with a governmental unit that is associated with or involved in commercial activity. See Montana Code 2-8-301
• Privatize: means an agency contracting with the private sector to provide services that are currently or normally conducted directly by the employees of the state. See Montana Code 2-8-301
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Program: means any legislatively or administratively created function, project, or duty of an agency. See Montana Code 2-8-102
• Program: means a legislatively or administratively created function, project, or duty of an agency. See Montana Code 2-8-301
• Property: means real and personal property. See Montana Code 1-1-205
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public agency: means the executive, legislative, and judicial branches of Montana state government, a political subdivision of the state, a local government, and any agency, department, board, commission, office, bureau, division, or other public authority of the executive, legislative, or judicial branch of the state of Montana. See Montana Code 2-6-1002
• Public information: means information prepared, owned, used, or retained by any public agency relating to the transaction of official business, regardless of form, except for confidential information that must be protected against public disclosure under applicable law. See Montana Code 2-6-1002
• 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 officer: means any person who has been elected or appointed as an officer of state or local government. See Montana Code 2-6-1002
• Public record: means public information that is:

  (a)fixed in any medium and is retrievable in usable form for future reference; and

  (b)designated for retention by the state records committee, judicial branch, legislative branch, or local government records committee. See Montana Code 2-6-1002

• Records manager: means an individual designated by a public agency to be responsible for coordinating the efficient and effective management of the agency's public records and information. See Montana Code 2-6-1002
• Redaction: means the alteration of personal information contained within data to make all or a significant part of the data unreadable. See Montana Code 2-6-1501
• Rule: means an agency regulation, standard, or statement of general applicability that implements, interprets, or prescribes law or policy or describes the organization, procedures, or practice requirements of an agency. See Montana Code 2-5-103
• Security incident: means an occurrence that:

  (a)actually or potentially jeopardizes the confidentiality, integrity, or availability of an information system or the information the system processes, stores, or transmits; or

  (b)constitutes a violation or imminent threat of violation of security policies, security procedures, or acceptable use policies. See Montana Code 2-6-1501

• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Several: means two or more. See Montana Code 1-1-201
• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
• State agency: means an agency, authority, board, bureau, college, commission, committee, council, department, hospital, institution, office, university, or other instrumentality of the legislative or executive branch of state government. See Montana Code 2-6-1501
• State records committee: means the state records committee provided for in 2-6-1107. See Montana Code 2-6-1002
• 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.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Third party: means :

  (a)a person with a contractual obligation to perform a function for a state agency; or

  (b)a state agency with a contractual or other obligation to perform a function for another state agency. See Montana Code 2-6-1501

• 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
• 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.
• 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}
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• 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
• Usual: means according to usage. See Montana Code 1-1-206
• Writing: includes printing. See Montana Code 1-1-203