Sections
Part 1 General Provisions § 2-15-101 – § 2-15-156
Part 2 Governor § 2-15-201 – § 2-15-247
Part 3 Lieutenant Governor § 2-15-301 – § 2-15-389
Part 4 Secretary of State § 2-15-401 – § 2-15-413
Part 5 Attorney General § 2-15-501 – § 2-15-504
Part 6 State Auditor § 2-15-601 – § 2-15-602
Part 7 Superintendent of Public Instruction § 2-15-701
Part 10 Department of Administration § 2-15-1001 – § 2-15-1029
Part 12 Department of Military Affairs § 2-15-1201 – § 2-15-1205
Part 13 Department of Revenue § 2-15-1301 – § 2-15-1311
Part 15 Education § 2-15-1501 – § 2-15-1530
Part 17 Department of Labor and Industry § 2-15-1701 – § 2-15-1782
Part 18 Department of Commerce § 2-15-1801 – § 2-15-1896
Part 19 Insurance and Investment § 2-15-1901 – § 2-15-1903
Part 20 Department of Justice § 2-15-2001 – § 2-15-2033
Part 21 Environmental Advisory Boards § 2-15-2101 – § 2-15-2110
Part 22 Department of Public Health and Human Services § 2-15-2201 – § 2-15-2230
Part 23 Department of Corrections § 2-15-2301 – § 2-15-2307
Part 25 Department of Transportation § 2-15-2501 – § 2-15-2511
Part 26 Department of Public Service Regulation § 2-15-2601 – § 2-15-2602
Part 30 Department of Agriculture § 2-15-3001 – § 2-15-3015
Part 31 Department of Livestock § 2-15-3101 – § 2-15-3114
Part 33 Department of Natural Resources and Conservation § 2-15-3301 – § 2-15-3332
Part 34 Department of Fish, Wildlife, and Parks § 2-15-3401 – § 2-15-3406
Part 35 Department of Environmental Quality § 2-15-3501 – § 2-15-3502

Terms Used In Montana Code > Title 2 > Chapter 15

  • Access: means the ability to receive, use, and manipulate data and operate controls included in information technology. See Montana Code 18-5-602
  • account: means an account established with an account administrator in this state pursuant to 15-61-201. See Montana Code 15-61-102
  • Account: means an individual participating trust account established under this chapter. See Montana Code 15-62-103
  • account: means an account established with an account administrator in this state pursuant to 15-63-201. See Montana Code 15-63-102
  • Account: means a Montana farm and ranch risk management account. See Montana Code 15-30-3002
  • Account administrator: means :

    (a) a state or federally chartered bank, savings and loan association, credit union, or trust company;

    (b) a health care insurer as defined in 33-22-125;

    (c) a certified public accountant licensed to practice in this state pursuant to Title 37, chapter 50;

    (d) an employer if the employer has a self-insured health plan under ERISA;

    (e) the account holder or an employee for whose benefit the account in question is established;

    (f) a broker, insurance producer, or investment adviser regulated by the commissioner of insurance;

    (g) an attorney licensed to practice law in this state;

    (h) a person who is an enrolled agent allowed to practice before the United States internal revenue service. See Montana Code 15-61-102

  • Account administrator: means :

    (a) a state or federally chartered bank, savings and loan association, credit union, or trust company;

    (b) a certified public accountant licensed to practice in this state pursuant to Title 37, chapter 50; or

    (c) the account holder. See Montana Code 15-63-102

  • account balance: means the sum of all the amounts deducted from the compensation of a member or paid by a member and credited to the member's individual account in the annuity savings account, together with interest, minus any amount deducted for correction of errors and the aggregate amount of all retirement benefit payments and refunds of accumulated contributions paid to or on behalf of the member. See Montana Code 19-20-101
  • Account holder: means an individual who is a resident of this state and who establishes a medical care savings account or for whose benefit the account is established. See Montana Code 15-61-102
  • Account holder: means an individual who is a resident of this state and who establishes, individually or jointly, a first-time home buyer savings account. See Montana Code 15-63-102
  • Account owner: means the person who enters into a participating trust agreement and who is designated at the time that an account is opened as having the right to withdraw money from the account before the account is disbursed to or for the benefit of the designated beneficiary. See Montana Code 15-62-103
  • Accreditation standards: means the body of administrative rules governing standards such as:

    (a) school leadership;

    (b) educational opportunity;

    (c) academic requirements;

    (d) program area standards;

    (e) content and performance standards;

    (f) school facilities and records;

    (g) student assessment; and

    (h) general provisions. See Montana Code 20-1-101

  • Accredited: means a school that is accredited by the board of public education pursuant to 20-7-102. See Montana Code 20-26-603
  • Actuarial equivalent: means a benefit of equal value when computed upon the basis of the mortality table and interest rate assumption set by the retirement board. See Montana Code 19-20-101
  • Adult basic education: means instruction in basic skills, such as reading, writing, arithmetic, and other skills required to function in society, offered to persons 16 years of age or older who are not regularly enrolled, full-time pupils for the purposes of ANB computation. See Montana Code 20-7-701
  • Adult education: means the instruction of persons 16 years of age or older who are not regularly enrolled, full-time pupils for the purposes of ANB computation and the provision of advanced opportunities to qualified pupils pursuant to Title 20, chapter 7, part 15. See Montana Code 20-7-701
  • 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.
  • Advisory capacity: means furnishing advice, gathering information, making recommendations, and performing other activities that may be necessary to comply with federal funding requirements and does not mean administering a program or function or setting policy. See Montana Code 2-15-102
  • Advisory committee: means the Montana university system interunit benefits advisory committee established in 2-15-1530. See Montana Code 20-25-1302
  • 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 a subsidiary of which more than 50% of the voting stock is owned directly by the parent corporation or another member of the Montana combined group. See Montana Code 15-31-1003
  • Agency: means each state office, department, board, commission, council, committee, unit of the university system, or other entity or instrumentality of the executive branch, office of the legislative branch, or office of the judicial branch of state government. See Montana Code 18-7-302
  • Agency: means any board, bureau, commission, department, authority, or officer of the state or local government authorized by law to make rules, determine contested cases, or enter into contracts except:

    (a) the legislature and any branch, committee, or officer thereof;

    (b) the judicial branches and any committee or officer thereof;

    (c) the governor, except that an agency is not exempt because the governor has been designated as a member thereof; or

    (d) the state military establishment and agencies concerned with civil defense and recovery from hostile attack. See Montana Code 2-3-102

  • 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 all offices, departments, boards, commissions, institutions, universities, colleges, and any other administrative units of state government. See Montana Code 17-1-104
  • Agency: means the entity designated by the board to administer student loans. See Montana Code 20-26-1101
  • 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
  • Aggregate hours: means the hours of pupil instruction for which a school course or program is offered or for which a pupil is enrolled. See Montana Code 20-1-101
  • Agreement: means a signed contract that is valid under Montana law between a coal mine operator and a purchaser or broker for the sale of coal that is produced in Montana. See Montana Code 15-35-102
  • Agreement: shall mean contract and shall include renewals and alterations of a contract. See Montana Code 17-3-301
  • Agreement of distributorship: means a contract, agreement, commercial relationship, license, or other arrangement for a definite or an indefinite period of time between a supplier and a table wine distributor that provides for the sale of table wine by the supplier to the table wine distributor. See Montana Code 16-3-415
  • Agricultural experiment station: means the agricultural experiment station established at Montana state university-Bozeman. See Montana Code 20-1-101
  • Agricultural use: means use of gasoline or special fuel by a person who earns income while engaging in the business of farming or ranching and who files farm or income reports for tax purposes as required by the United States internal revenue service. See Montana Code 15-70-401
  • Allegation: something that someone says happened.
  • Alternate beneficiary: means an estate or an individual not designated as a beneficiary but that becomes a beneficiary pursuant to 19-20-1005. See Montana Code 19-20-101
  • Alternative energy system: means the generation system or equipment used to convert energy sources into usable sources using fuel cells that do not require hydrocarbon fuel, geothermal systems, low-emission wood or biomass, wind, photovoltaics, geothermal, small hydropower plants under 1 megawatt, and other recognized nonfossil forms of energy generation. See Montana Code 15-32-102
  • 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.
  • American Indian studies: means instruction pertaining to the history, traditions, customs, values, beliefs, ethics, and contemporary affairs of American Indians, particularly Indian tribal groups in Montana. See Montana Code 20-1-502
  • Amortization: Paying off a loan by regular installments.
  • Amount owed: means the total amount of overpaid benefits or unpaid contributions plus accrued interest as provided in 19-20-1206 and costs and fees awarded as provided in 19-20-1214. See Montana Code 19-20-1201
  • ANB: means the average number of regularly enrolled, full-time pupils physically attending or receiving educational services at an offsite instructional setting from the public schools of a district. See Montana Code 20-1-101
  • 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.
  • 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.
  • Appraisal: A determination of property value.
  • 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
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • At-risk student: means any student who is affected by environmental conditions that negatively impact the student's educational performance or threaten a student's likelihood of promotion or graduation. See Montana Code 20-1-101
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Auger mining: means the method of recovering coal by boring with an auger into a coal bed prepared by strip-mining excavations or in naturally sloping terrain. See Montana Code 15-35-102
  • Authorized officer: means , with respect to any certificated public obligation:

    (i) an individual whose signature to the certificated public obligation is required or permitted; or

    (ii) an individual who may be permitted by an authorized officer, either alone or with the concurrence of another or others, to affix the individual's signature to the certificated public obligation and who is so permitted in writing by the authorized officer with any required concurrence. See Montana Code 17-5-1102

  • Average final compensation: means a member's highest average earned compensation, determined pursuant to 19-20-805, on which all required contributions have been made. See Montana Code 19-20-101
  • Aviation fuel: means gasoline or any other liquid fuel by whatever name the liquid fuel may be known or sold, compounded for use in and sold for use in aircraft, including but not limited to any and all gasoline or liquid fuel meeting or exceeding the minimum specifications prescribed by the United States for use by its military forces in aircraft. See Montana Code 15-70-401
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • BASE: means base amount for school equity. See Montana Code 20-9-306
  • BASE aid: means :

    (a) direct state aid for 44. See Montana Code 20-9-306

  • BASE budget: means the minimum general fund budget of a district, which includes 80% of the basic entitlement, 80% of the total per-ANB entitlement, 100% of the total quality educator payment, 100% of the total at-risk student payment, 100% of the total Indian education for all payment, 100% of the total American Indian achievement gap payment, 100% of the total data-for-achievement payment, and 140% of the special education allowable cost payment. See Montana Code 20-9-306
  • BASE budget levy: means the district levy in support of the BASE budget of a district, which may be supplemented by guaranteed tax base aid if the district is eligible under the provisions of 20-9-366 through 20-9-369. See Montana Code 20-9-306
  • BASE funding program: means the state program for the equitable distribution of the state's share of the cost of Montana's basic system of public elementary schools and high schools, through county equalization aid as provided in 20-9-331 and 20-9-333 and state equalization aid as provided in 20-9-343, in support of the BASE budgets of districts and special education allowable cost payments as provided in 20-9-321. See Montana Code 20-9-306
  • Base investment: means the amount expended by a production company as production expenditures and compensation incurred in this state that are directly used in a state-certified production. See Montana Code 15-31-1003
  • Basic cost of cigarettes: means the list cost of cigarettes as reported to the department by the manufacturer without any deductions for discounts or taxes of any kind. See Montana Code 16-10-103
  • Basic entitlement: means :

    (a) for each high school district:

    (i) $315,481 for fiscal year 2020 and $321,254 for each succeeding fiscal year for school districts with an ANB of 800 or fewer; and

    (ii) $315,481 for fiscal year 2020 and $321,254 for each succeeding fiscal year for school districts with an ANB of more than 800, plus $15,774 for fiscal year 2020 and $16,063 for each succeeding fiscal year for each additional 80 ANB over 800;

    (b) for each elementary school district or K-12 district elementary program without an approved and accredited junior high school, 7th and 8th grade program, or middle school:

    (i) $52,579 for fiscal year 2020 and $53,541 for each succeeding fiscal year for school districts or K-12 district elementary programs with an ANB of 250 or fewer; and

    (ii) $52,579 for fiscal year 2020 and $53,541 for each succeeding fiscal year for school districts or K-12 district elementary programs with an ANB of more than 250, plus $2,630 for fiscal year 2020 and $2,678 for each succeeding fiscal year for each additional 25 ANB over 250;

    (c) for each elementary school district or K-12 district elementary program with an approved and accredited junior high school, 7th and 8th grade program, or middle school:

    (i) for the district's kindergarten through grade 6 elementary program:

    (A) $52,579 for fiscal year 2020 and $53,541 for each succeeding fiscal year for school districts or K-12 district elementary programs with an ANB of 250 or fewer; and

    (B) $52,579 for fiscal year 2020 and $53,541 for each succeeding fiscal year for school districts or K-12 district elementary programs with an ANB of more than 250, plus $2,630 for fiscal year 2020 and $2,678 for each succeeding fiscal year for each additional 25 ANB over 250; and

    (ii) for the district's approved and accredited junior high school, 7th and 8th grade programs, or middle school:

    (A) $105,160 for fiscal year 2020 and $107,084 for each succeeding fiscal year for school districts or K-12 district elementary programs with combined grades 7 and 8 with an ANB of 450 or fewer; and

    (B) $105,160 for fiscal year 2020 and $107,084 for each succeeding fiscal year for school districts or K-12 district elementary programs with combined grades 7 and 8 with an ANB of more than 450, plus $5,258 for fiscal year 2020 and $5,354 for each succeeding fiscal year for each additional 45 ANB over 450. See Montana Code 20-9-306

  • 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 designation: means the process that the retirement system prescribes pursuant to this chapter by which a person authorized by law designates one or more beneficiaries. See Montana Code 19-20-101
  • Beneficiary designation record: means either the hard copy form or electronic record prescribed by the retirement system and used by a person authorized by law to designate one or more beneficiaries. See Montana Code 19-20-101
  • Benefit recipient: means a benefit recipient as defined in 19-20-101, an alternate payee, or any other person or entity that is entitled to a future payment or that received an overpayment on behalf of the member. See Montana Code 19-20-1201
  • Benefit recipient: means a retired member, a joint annuitant, or a beneficiary who is receiving a retirement allowance. See Montana Code 19-20-101
  • Bequest: Property gifted by will.
  • Biodiesel: means a fuel produced from monoalkyl esters of long-chain fatty acids derived from vegetable oils, renewable lipids, animal fats, or any combination of those ingredients. See Montana Code 15-70-401
  • Blind or visually impaired: means an individual who has:

    (a) a visual acuity of 20/200 or less in the better eye with correcting lenses or has a limited field of vision so that the widest diameter of the visual field subtends an angle no greater than 20 degrees;

    (b) a medically indicated expectation of visual deterioration; or

    (c) a medically diagnosed limitation in visual functioning that restricts the individual's ability to read and write standard print at levels expected of individuals of comparable ability. See Montana Code 18-5-602

  • Blind person: means a person whose central visual acuity does not exceed 20/200 in the better eye with correcting lenses or whose visual acuity is greater than 20/200 but is accompanied by a limitation in the field of vision in the better eye to such a degree that the widest diameter of the visual field subtends an angle that is not greater than 20 degrees as determined by an ophthalmologist or a physician skilled in diseases of the eye. See Montana Code 18-5-402
  • Blind vendor: means a person certified as a blind person for the purpose of this part and who is operating a vending facility administered by the department. See Montana Code 18-5-402
  • Board: means the board of oil and gas conservation provided for in 2-15-3303. See Montana Code 15-36-303
  • Board: means the board of regents of higher education established by Article X, section 9, subsection (2), of the Montana constitution and 2-15-1505. See Montana Code 15-62-103
  • Board: means the board of regents of higher education created by Article X, section 9(2), of the Montana constitution. See Montana Code 20-26-603
  • Board: means the board of regents of higher education. See Montana Code 20-26-1101
  • Board: means the board of examiners provided for in 2-15-1007. See Montana Code 17-5-801
  • Board: means the board of examiners created under 2-15-1007. See Montana Code 17-5-903
  • Board: means the local review board as provided in 15-24-1605. See Montana Code 15-24-1602
  • board: means the retirement system's governing board provided for in 2-15-1010. See Montana Code 19-20-101
  • Board of public education: means the board created by Article X, section 9, subsection (3), of the Montana constitution and 2-15-1507. See Montana Code 20-1-101
  • Board of regents: means the board of regents of higher education created by Article X, section 9, subsection (2), of the Montana constitution and 2-15-1505. See Montana Code 20-1-101
  • Bond: means :

    (a) a bond executed by a compressed natural gas dealer or a liquefied petroleum gas dealer as principal with a corporate surety qualified under the laws of Montana, payable to the state of Montana, conditioned upon performance of all requirements of this part, including the payment of all taxes, penalties, and other obligations of the compressed natural gas dealer or the liquefied petroleum gas dealer arising out of this part; or

    (b) a deposit with the department by the compressed natural gas dealer or the liquefied petroleum gas dealer, under terms and conditions that the department may prescribe, of certificates of deposit or irrevocable letters of credit issued by a bank and insured by the federal deposit insurance corporation. See Montana Code 15-70-701

  • Bond act: means an act approved by the vote of two-thirds of the members of each house of the legislature or by a majority of the electors voting thereon, authorizing the issuance of bonds for the purpose set forth therein and adopting this part by reference. See Montana Code 17-5-801
  • Bonds: include bonds, notes, warrants, debentures, certificates of indebtedness, temporary bonds, temporary notes, interim receipts, interim certificates, and all instruments or obligations evidencing or representing indebtedness, evidencing or representing the borrowing of money, or evidencing or representing a charge, lien, or encumbrance on specific revenues, special assessments, income, or property of a political subdivision, including all instruments or obligations payable from a special fund. See Montana Code 17-5-101
  • Bonds: includes bonds, notes, warrants, debentures, certificates of indebtedness, temporary bonds, temporary notes, interim receipts, interim certificates, and all instruments or obligations evidencing or representing indebtedness or evidencing or representing the borrowing of money or evidencing or representing a charge, lien, or encumbrance on specific revenues, income, or property of a public body, including all instruments or obligations payable from a special fund. See Montana Code 17-5-202
  • Bonds: means general obligation bonds, notes, or other evidences of indebtedness issued in accordance with the provisions of this part. See Montana Code 17-5-801
  • Bonds: means bonds, notes, or other evidences of indebtedness issued pursuant to this part as highway revenue bonds. See Montana Code 17-5-903
  • 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

  • Broker: means any person who resells Montana coal. See Montana Code 15-35-102
  • Budget authority: Authority provided by law to enter into obligations that will result in outlays of Federal funds. Budget authority may be classified by the period of availability (one-year, multiyear, no-year), by the timing of congressional action (current or permanent), or by the manner of determining the amount available (definite or indefinite).
  • Budget unit: means the unit for which the ANB of a district is calculated separately pursuant to 20-9-311. See Montana Code 20-9-306
  • budgeted fund: means any fund for which a budget must be adopted in order to expend money from the fund. See Montana Code 20-9-201
  • Building: means :

    (a) a single or multiple dwelling, including a mobile home or manufactured home; or

    (b) a building used for commercial, industrial, or agricultural purposes that is enclosed with walls and a roof. See Montana Code 15-32-102

  • Bulk delivery: means placing gasoline or special fuel not intended for resale in storage or containers. See Montana Code 15-70-401
  • Bus route: means a route approved by the board of trustees of a school district and by the county transportation committee. See Montana Code 20-10-101
  • Calendar quarter: means the period of 3 consecutive months ending March 31, June 30, September 30, or December 31. See Montana Code 15-67-101
  • Capital investment: means any material or equipment purchased and installed in a building or land with or without improvements. See Montana Code 15-32-102
  • Capital projects account: means a separate general obligation bond and note account created within the capital projects fund type established in 17-2-102. See Montana Code 17-5-801
  • Certificated public obligation: means an obligation that is:

    (a) issued pursuant to a system of registration;

    (b) represented by an instrument; and

    (c) either one of a class or series or by its terms is divisible into a class or series of obligations. See Montana Code 17-5-1102

  • Certification: means approval by the board or state historic preservation office of a property's qualification for the property tax abatement under the terms of this part. See Montana Code 15-24-1602
  • Cigarette: means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains:

    (i) any roll of tobacco wrapped in paper or in any substance not containing tobacco;

    (ii) tobacco, in any form, that is functional in the product and that, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to or purchased by consumers as a cigarette; or

    (iii) any roll of tobacco wrapped in any substance containing tobacco that, because of its appearance or the type of tobacco used in the filler and regardless of its packaging and labeling, is likely to be offered to or purchased by consumers as a cigarette described in subsection (2)(a)(i). See Montana Code 16-11-102

  • Cigarette: means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains:

    (i) any roll of tobacco wrapped in paper or in any substance not containing tobacco;

    (ii) tobacco, in any form, that is functional in the product and that, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to or purchased by consumers as a cigarette; or

    (iii) any roll of tobacco wrapped in any substance containing tobacco that, because of its appearance or the type of tobacco used in the filler and regardless of its packaging and labeling, is likely to be offered to or purchased by consumers as a cigarette described in subsection (2)(a)(i). See Montana Code 16-11-102

  • Cigarettes: means any roll for smoking made wholly or in part of tobacco, irrespective of size or shape and whether or not the tobacco is flavored, adulterated, or mixed with any other ingredient, the wrapper or cover of which is made of nontobacco paper or any other substance or material except tobacco. See Montana Code 16-10-103
  • Coal washing: means any treatment to remove impurities from underground mined coal. See Montana Code 15-35-102
  • Commissioner: means the commissioner of higher education created by Article X, section 9, subsection (2), of the Montana constitution and 2-15-1506. See Montana Code 20-1-101
  • Committee: means the family education savings program oversight committee established in 20-25-901. See Montana Code 15-62-103
  • 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.
  • 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 gray water and potable water system: means a gray water system and a potable water system that are common elements of a multiple dwelling project. See Montana Code 15-24-3201
  • 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.
  • community college district: means a body corporate and a subdivision of the state of Montana organized under a single board of trustees for the purpose of providing community college instruction open to all people, subject to uniform regulations as determined by the trustees. See Montana Code 20-15-101
  • Compensation: means remuneration paid out of funds controlled by an employer in payment for the member's services or for time during which the member is excused from work because of a holiday or because the member has taken compensatory leave, sick leave, annual leave, banked holiday time, or a leave of absence before any pretax deductions allowed by state or federal law are made. See Montana Code 19-3-108
  • Compensation: means Montana wages, salaries, commissions, payments to a loan-out company subject to the provisions of subsection (3)(c), union benefits, fringe benefits, and any other form of remuneration paid to employees for personal services performed in this state. See Montana Code 15-31-1003
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Compressed natural gas: means a product that is used as a fuel and that contains carbon or hydrogen, or both, and is compressed to greater than 24 pounds per square inch absolute base pressure and up to 3,600 pounds per square inch absolute base pressure when sold for use in motor vehicles operated on the public roads and highways of this state. See Montana Code 15-70-701
  • 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
  • Consumer price index: means the consumer price index, United States city average, for all items, for all urban consumers, as published by the bureau of labor statistics of the United States department of labor. See Montana Code 15-61-102
  • Contingent beneficiary: means a designated beneficiary with the right to receive any benefit or refund of accumulated contributions payable if there is no eligible primary beneficiary. See Montana Code 19-20-101
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contraband: means :

    (i) any tobacco product possessed, sold, offered for sale, distributed, held, owned, acquired, transported, imported, or caused to be imported in violation of this part;

    (ii) any cigarette or roll-your-own tobacco that is possessed, sold, offered for sale, distributed, held, owned, acquired, transported, imported, or caused to be imported in violation of part 4 or 5;

    (iii) any cigarettes that bear trademarks that are counterfeit under state or federal trademark laws;

    (iv) any cigarettes bearing false or counterfeit insignia or tax stamps from any state; or

    (v) any cigarettes or tobacco products that violate 16-10-306. See Montana Code 16-11-102

  • Contract sales price: means either the price of coal extracted and prepared for shipment f. See Montana Code 15-35-102
  • Contracting employer: means any political subdivision or governmental entity that has contracted to come into the system under this chapter. See Montana Code 19-3-108
  • Contributing: means a building, site, structure, or object with historic architectural qualities, historic association, or archaeological value for which a property is significant because:

    (a) it was present during a period of significant local or state history and possesses historic design or architectural integrity reflecting its character at that time or is capable of yielding important information about the period; or

    (b) it independently meets the criteria for listing in the National Register of Historic Places. See Montana Code 15-24-1602

  • Contributor: means a person who makes a contribution to an account for the benefit of a designated beneficiary. See Montana Code 15-62-103
  • 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
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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.
  • cost to the retailer: means the cost to the wholesaler from whom the cigarettes were purchased by the retailer plus the cost of doing business by the retailer as evidenced by the standards and methods of accounting regularly employed by the retailer in the retailer's determination of costs for income tax reporting purposes for the total operation of the retailer's establishment. See Montana Code 16-10-103
  • cost to the wholesaler: means the basic cost of cigarettes purchased by the wholesaler from a manufacturer plus the cost of doing business by the wholesaler as evidenced by the standards and methods of accounting regularly employed by the wholesaler in the wholesaler's determination of costs for income tax reporting purposes for the total operation of the wholesaler's business. See Montana Code 16-10-103
  • Costs: includes those expenses related to acquiring land; planning, design, and construction of capital projects and of buildings as defined in 18-2-101; or any other administrative expenses of the department, including legal fees, incurred in the performance of its duties under Title 18, chapter 2. See Montana Code 17-5-801
  • County superintendent: means the county government official who is the school officer of the county. See Montana Code 20-1-101
  • Customary: means according to usage. See Montana Code 1-1-206
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Data: means any information stored on information technology resources. See Montana Code 2-15-102
  • dealer: means a person who delivers any part of compressed natural gas into the fuel supply tank or tanks of a motor vehicle. See Montana Code 15-70-701
  • Debt service account: means a separate general obligation bond and note account created within the debt service fund type established in 17-2-102. See Montana Code 17-5-801
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Defined benefit plan: means the plan within the public employees' retirement system established in 19-3-103 that is not the defined contribution plan. See Montana Code 19-3-108
  • defined contribution plan: means the defined contribution retirement plan. See Montana Code 19-3-2101
  • Department: means the department of revenue provided for in 2-15-1301. See Montana Code 15-36-303
  • Department: means department of revenue. See Montana Code 15-38-103
  • Department: means the department of revenue provided for in 2-15-1301. See Montana Code 15-64-101
  • Department: means the department of revenue as provided in 2-15-1301. See Montana Code 15-50-101
  • Department: means the department of public health and human services. See Montana Code 18-5-402
  • Department: means the department of revenue provided for in 2-15-1301. See Montana Code 15-64-1001
  • Department: means the department of administration provided for in Title 2, chapter 15, part 10. See Montana Code 18-7-302
  • Department: means the department of transportation. See Montana Code 15-70-401
  • Department: means the department of revenue established in 2-15-1301. See Montana Code 15-67-101
  • Department: means the department of transportation. See Montana Code 15-70-701
  • Department: means the department of transportation as provided for in 2-15-2501. See Montana Code 15-70-112
  • Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 20-5-402
  • Department: means the department of revenue provided for in 2-15-1301 and, when the meaning of the context requires, includes its employees. See Montana Code 16-10-103
  • Department: means the department of revenue provided for in 2-15-1301. See Montana Code 16-11-102
  • Department: means the department of revenue provided for in 2-15-1301. See Montana Code 16-11-102
  • Department: means the department of revenue provided for in 2-15-1301. See Montana Code 20-9-902
  • Department: shall mean the department of revenue of the state of Montana. See Montana Code 17-3-301
  • Department: means the department of administration created in 2-15-1001. See Montana Code 17-5-801
  • Department: means the department of transportation provided for in Title 2, chapter 15, part 25. See Montana Code 17-5-903
  • Department: means the department of revenue provided for in 2-15-1301. See Montana Code 15-30-3102
  • 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
  • Dependent: means the spouse of the employee or account holder or a child of the employee or account holder if the child is:

    (a) under 23 years of age and enrolled as a full-time student at an accredited college or university or is under 19 years of age;

    (b) legally entitled to the provision of proper or necessary subsistence, education, medical care, or other care necessary for the health, guidance, or well-being of the child and is not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States; or

    (c) mentally or physically incapacitated to the extent that the child is not self-sufficient. See Montana Code 15-61-102

  • Dependent: A person dependent for support upon another.
  • 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
  • Designated beneficiary: means , with respect to an account, the person designated at the time that the account is opened as the person whose higher education expenses are expected to be paid from the account or if this person is replaced in accordance with 15-62-202, the individual replacing the former designated beneficiary. See Montana Code 15-62-103
  • Designated beneficiary: means one or more primary beneficiaries or contingent beneficiaries designated pursuant to 19-20-1006. See Montana Code 19-20-101
  • Devise: To gift property by will.
  • Direct state aid: means 44. See Montana Code 20-9-306
  • 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
  • Directory: means the tobacco product directory as provided in 16-11-504. See Montana Code 16-11-102
  • disaster: means the occurrence or imminent threat of damage, injury, or loss of life or property. See Montana Code 20-1-401
  • 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:
  • Disqualification period: means any period of 2 consecutive tax years in which the taxpayer is not engaged in an eligible agricultural business. See Montana Code 15-30-3002
  • Distributed: means the withdrawal of gasoline or special fuel from a refinery or terminal storage, other than by pipeline, by a licensed distributor for sale or use in this state, including:

    (i) gasoline or special fuel refined, produced, manufactured, or compounded in this state and placed in storage tanks in this state;

    (ii) gasoline or special fuel transferred from a refinery or pipeline terminal in this state and placed in tanks at the refinery or terminal; or

    (iii) gasoline or special fuel imported into this state and placed in storage at a refinery or pipeline terminal. See Montana Code 15-70-401

  • Distribution services provider: means a person controlling or operating distribution facilities for distribution of electricity to the public. See Montana Code 15-72-103
  • Distributor: means :

    (i) a person who engages in the business in this state of producing, refining, manufacturing, or compounding gasoline or special fuel for sale, use, or distribution;

    (ii) an importer who imports gasoline or special fuel for sale, use, or distribution;

    (iii) a person who engages in the wholesale distribution of gasoline or special fuel in this state and chooses to become licensed to assume the Montana state gasoline tax or special fuel tax liability;

    (iv) an exporter;

    (v) a dealer licensed as of January 1, 1969, except a dealer at an established airport; or

    (vi) a person in Montana who blends ethanol with gasoline. See Montana Code 15-70-401

  • district: means the territory, regardless of county boundaries, organized under the provisions of this title to provide public educational services under the jurisdiction of the trustees prescribed by this title. See Montana Code 20-6-101
  • District superintendent: means a person who holds a valid class 3 Montana teacher certificate with a superintendent's endorsement that has been issued by the superintendent of public instruction under the provisions of this title and the policies adopted by the board of public education and who has been employed by a district as a district superintendent. See Montana Code 20-1-101
  • Domicile: means a person's true, fixed, and permanent home and place of habitation. See Montana Code 20-25-501
  • Donee: The recipient of a gift.
  • Donor: The person who makes a gift.
  • Dower: A widow
  • DROP: means the deferred retirement option plan established pursuant to this part. See Montana Code 19-6-1002
  • DROP: means the deferred retirement option plan established pursuant to this part. See Montana Code 19-9-1202
  • DROP account: means the member's accumulated monthly DROP accruals, plus interest. See Montana Code 19-6-1002
  • DROP account: means the member's accumulated monthly DROP accruals, including any postretirement adjustments, plus interest. See Montana Code 19-9-1202
  • DROP benefit: means the lump-sum benefit calculated and distributed as provided in this part. See Montana Code 19-6-1002
  • DROP benefit: means the lump-sum benefit calculated and distributed as provided in this part. See Montana Code 19-9-1202
  • DROP period: means the period of time that a member irrevocably elects to participate in the DROP subject to the provisions of 19-6-1004. See Montana Code 19-6-1002
  • DROP period: means the period of time that a member irrevocably elects to participate in the DROP pursuant to 19-9-1204. See Montana Code 19-9-1202
  • Earned compensation: means , except as limited by subsections (12)(b) and (12)(c) or by 19-20-715, remuneration paid for the service of a member out of funds controlled by an employer before any pretax deductions allowed under the Internal Revenue Code are deducted. See Montana Code 19-20-101
  • Educational program: means a set of educational offerings designed to meet the program area standards contained in the accreditation standards. See Montana Code 20-1-101
  • Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) Source: OCC
  • Electronic funds transfer: means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, that is initiated through an electronic terminal, telephonic instrument, or computer or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. See Montana Code 15-70-112
  • Eligible agricultural business: means the business of agricultural production, as agricultural is defined in 15-1-101, including silviculture, conducted by an individual or family farm corporation that files net farm income reports for tax purposes as required by the United States internal revenue service. See Montana Code 15-30-3002
  • Eligible costs: means the downpayment and allowable closing costs for the purchase of a single-family residence in Montana by a first-time home buyer. See Montana Code 15-63-102
  • Eligible district: means a school district encompassing or adjacent to an Indian reservation or a school district that includes one or more schools with an Indian population of 10% or greater. See Montana Code 20-7-1403
  • Eligible educational institution: means any institution approved by the United States secretary of education as eligible to participate in the student loan program pursuant to Title IV of the Higher Education Act of 1965, as amended. See Montana Code 20-26-1101
  • Eligible medical expense: means :

    (a) an expense paid by the employee or account holder for medical care defined by 26 U. See Montana Code 15-61-102

  • Eligible public school: means a Montana public school. See Montana Code 20-9-902
  • Eligible student: means a student who is a Montana resident and who is 5 years of age or older on or before September 10 of the year of attendance and has not yet reached 19 years of age. See Montana Code 15-30-3102
  • Eligible transportee: means a public school pupil who:

    (a) is 5 years of age or older and has not reached the age of 21 on or before September 10 of the current school year or who is a preschool child with a disability between the ages of 3 and 6;

    (b) is a resident of the state of Montana;

    (c) regardless of district and county boundaries:

    (i) resides at least 3 miles, over the shortest practical route, from the nearest operating public elementary school or public high school, whichever the case may be; or

    (ii) has transportation identified as a related service in an individualized education program as developed and implemented in accordance with the Individuals With Disabilities Education Act, 20 U. See Montana Code 20-10-101

  • Employee: means an employed individual for whose benefit or for the benefit of whose dependents a medical care savings account is established. See Montana Code 15-61-102
  • Employer: means the state of Montana, its university system or any of the colleges, schools, components, or units of the university system for the purposes of this chapter, or any contracting employer. See Montana Code 19-3-108
  • Employer: means :

    (a) the state of Montana;

    (b) a public school district, as provided in 20-6-101 and 20-6-701;

    (c) the office of public instruction;

    (d) the board of public education;

    (e) an education cooperative;

    (f) the Montana school for the deaf and blind, as described in 20-8-101;

    (g) the Montana youth challenge program, as defined in 10-1-101;

    (h) a state youth correctional facility, as defined in 41-5-103;

    (i) the Montana university system;

    (j) a community college; or

    (k) any other agency, political subdivision, or instrumentality of the state that employs a person who is designated a member of the retirement system pursuant to 19-20-302. See Montana Code 19-20-101

  • Employer contributions: means payments to a pension trust fund pursuant to 19-3-316 from appropriations of the state of Montana and from contracting employers. See Montana Code 19-3-108
  • Energy conservation purpose: means one or both of the following results of an investment:

    (a) reducing the waste or dissipation of energy; or

    (b) reducing the amount of energy required to accomplish a given quantity of work. See Montana Code 15-32-102

  • Energy conversion process: includes any process by which coal in the solid state is transformed into slurry, gas, electrical energy, or any other form of energy. See Montana Code 15-35-102
  • Enhanced recovery project: means the use of any process for the displacement of oil from the earth other than primary recovery and includes the use of an immiscible, miscible, chemical, thermal, or biological process. See Montana Code 15-36-303
  • 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.
  • 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
  • ERISA: means the Employee Retirement Income Security Act of 1974, 29 U. See Montana Code 15-61-102
  • Error: means any of the following, whether or not intended, that has resulted in or may result in the retirement system paying more or less on behalf of a member than is authorized to be paid or in the retirement system receiving more or less in contributions than is required to be paid to the retirement system pursuant to plan terms:

    (a) a clerical mistake;

    (b) a failure to fully and correctly perform a required act or provide required information;

    (c) an assertion or other representation of fact or circumstance that is not complete and accurate; or

    (d) an incorrect understanding, construction, or application of plan terms or other applicable law or policy. See Montana Code 19-20-1201

  • 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
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Ethanol: means nominally anhydrous ethyl alcohol that has been denatured as specified in 27 CFR, parts 20 and 21, and that meets the standards for ethanol adopted pursuant to 82-15-103. See Montana Code 15-70-401
  • Ethanol-blended gasoline: means gasoline blended with ethanol. See Montana Code 15-70-401
  • 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.
  • 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
  • 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
  • Executive session: A portion of the Senate's daily session in which it considers executive business.
  • Executor: A male person named in a will to carry out the decedent
  • Existing enhanced recovery project: means an enhanced recovery project that began development before January 1, 1994. See Montana Code 15-36-303
  • Export: means to transport out of Montana, by any means other than in the fuel supply tank of a motor vehicle, gasoline or special fuel received from a refinery or pipeline terminal within Montana. See Montana Code 15-70-401
  • Exporter: means a person who transports, other than in the fuel supply tank of a motor vehicle, gasoline or special fuel received from a refinery or pipeline terminal in Montana to a destination outside Montana for sale, use, or consumption outside Montana. See Montana Code 15-70-401
  • Extra duty service: means service in an educational services capacity that is not compensated as part of the normally assigned duties and functions of a school district teacher, administrator, or other employee but is regularly assigned to one or more school district teachers, administrators, or other employees as part of the regular operation of the school district's curricular and extracurricular programs. See Montana Code 19-20-101
  • 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
  • facility: means an intermediate care facility for the developmentally disabled licensed pursuant to 50-5-238 or an intermediate care facility for the intellectually disabled that is in compliance with the federal standards provided in 42 CFR, part 483, subpart I, for medicaid conditions of participation. See Montana Code 15-67-101
  • Facsimile seal: means the reproduction by engraving, imprinting, stamping, or other means of the seal of the issuer, official, or official body. See Montana Code 17-5-1102
  • Facsimile signature: means the reproduction by engraving, imprinting, stamping, or other means of the manual signature of an authorized officer. See Montana Code 17-5-1102
  • 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.
  • Family farm corporation: means a corporation that consists of immediate family members. See Montana Code 15-30-3002
  • Family leave expense: means :

    (a) an expense, calculated monthly, approximating wages lost while caring for an immediate family member for the purposes allowed under the Family and Medical Leave Act of 1993, 29 U. See Montana Code 15-61-102

  • Federal assistance programs: means any financial assistance made to a state agency by an agency of the United States government, whether a grant, loan, gift, contract, or in any other form. See Montana Code 17-3-102
  • Federal property: means buildings or portions of buildings or other real property owned or leased by the federal government upon which the department may administer vending facilities by an agreement entered into under the authority of the federal Randolph-Sheppard Act, as amended. See Montana Code 18-5-402
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • fee: means the fee required to be paid for each resident bed day in an intermediate care facility, as provided in 15-67-102. See Montana Code 15-67-101
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Financial institution: means any 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 15-62-103
  • Financial intermediary: means a bank, broker, clearing corporation, or trust company or the nominee of any of them or other person or nominee that in the ordinary course of its business maintains public obligation accounts for its customers. See Montana Code 17-5-1102
  • First-time home buyer: means an individual who has never owned or purchased under contract for deed, either individually or jointly, a single-family residence in Montana or out-of-state. See Montana Code 15-63-102
  • 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.
  • Folio: when used as a measure for computing fees, means 100 words, counting every two letters or numbers necessarily used as a word. See Montana Code 1-1-203
  • 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
  • Fraud: Intentional deception resulting in injury to another.
  • Full-time service: means service that is:

    (a) at least 180 days in a fiscal year;

    (b) at least 140 hours a month during at least 9 months in a fiscal year; or

    (c) at least 1,080 hours in a fiscal year under an alternative school calendar adopted by a school board and reported to the office of public instruction as required by 20-1-302. See Montana Code 19-20-101

  • 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
  • fund: means a separate detailed account of receipts and expenditures for a specific purpose as authorized by law or by the superintendent of public instruction under the provisions of subsection (2). See Montana Code 20-9-201
  • Game platform: means the electronic delivery system used to launch or play an interactive game. See Montana Code 15-31-1003
  • Game sequel: means an interactive game that builds on the theme of a previously released interactive game, is distinguished by a new title, and features objectives or characters that are recognizably different from those in the original game. See Montana Code 15-31-1003
  • 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
  • gas: means natural gas and other fluid hydrocarbons, other than oil, produced at the wellhead. See Montana Code 15-36-303
  • Gasoline: includes :

    (i) all petroleum products commonly or commercially known or sold as gasolines, including casinghead gasoline, natural gasoline, aviation fuel, and all flammable liquids composed of a mixture of selected hydrocarbons expressly manufactured and blended for the purpose of effectively and efficiently operating internal combustion engines; and

    (ii) any other type of additive when the additive is mixed or blended into gasoline, regardless of the additive's classifications or uses. See Montana Code 15-70-401

  • Geographic region: has the meaning provided in 20-9-903. See Montana Code 20-9-902
  • Geographic region: has the meaning provided in 20-9-903. See Montana Code 15-30-3102
  • Geothermal system: means a system that transfers energy either from the ground, by way of a closed loop, or from ground water, by way of an open loop, for the purpose of heating or cooling a residential building. See Montana Code 15-32-102
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Gifted and talented children: means children of outstanding abilities who are capable of high performance and require differentiated educational programs beyond those normally offered in public schools in order to fully achieve their potential contribution to self and society. See Montana Code 20-7-901
  • Good cause: means failure by a table wine distributor to comply with reasonable business requirements imposed, or sought to be imposed, by a supplier under the terms of an agreement of distributorship if the requirements are imposed on other similarly situated distributors either by the terms of their agreements or in the manner of their enforcement by the supplier. See Montana Code 16-3-415
  • Governing authority: means the board of trustees of a school district or the administrator of a private school, preschool, or postsecondary school. See Montana Code 20-5-402
  • Governing body: means the board, council, commission, or other body charged with the general control of the issuance of bonds of a political subdivision. See Montana Code 17-5-101
  • Grantee agency: means any agency of state government receiving federal funds. See Montana Code 17-3-102
  • Grantor: The person who establishes a trust and places property into it.
  • Gray water system: means a system to treat and distribute untreated household wastewater that meets the requirements of 75-5-305(2), 75-5-325 through 75-5-327, and all administrative rules and local government regulations conforming with those provisions. See Montana Code 15-24-3201
  • Gross receipts: means all receipts from sources within the state, whether in the form of money, credits, or other valuable consideration, received from, engaging in, or conducting a business, without deduction on account of the cost of the property sold, the cost of the materials used, labor or service cost, interest paid, taxes, losses, or any other expense whatsoever. See Montana Code 15-50-101
  • Gross value of product: means the receipts received, as defined in 15-23-801, from all merchantable metals or concentrate containing metals or precious and semiprecious gems and stones extracted or produced each reporting period from any mine or mining property in the state or recovered from the smelting, milling, reduction, or treatment in any manner of ores extracted from the mine or mining property or from tailings resulting from the smelting, reduction, or treatment of the ores. See Montana Code 15-37-102
  • Gross value of product: means , except as provided in 15-38-125 through 15-38-129, the market value of any merchantable mineral extracted or produced during the taxable year. See Montana Code 15-38-103
  • Group benefits: means group hospitalization, health, medical, surgical, disability, life, and other related group benefits provided to employees and dependents of the Montana university system. See Montana Code 20-25-1302
  • 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.
  • Higher education institution: means an eligible educational institution as defined in section 529(e)(5) of the Internal Revenue Code, 26 U. See Montana Code 15-62-103
  • Highest average compensation: means :

    (i) for a member hired prior to July 1, 2011, the highest average monthly compensation during any 36 consecutive months of membership service;

    (ii) for a member hired on or after July 1, 2011, the highest average monthly compensation during any 60 consecutive months of membership service; or

    (iii) in the event a member has not served the minimum specified period of service, the total compensation earned divided by the months of membership service. See Montana Code 19-3-108

  • Highway projects: means the construction, reconstruction, maintenance, and repair of commission-designated highway systems and state highways as those terms are defined in 60-1-103. See Montana Code 17-5-903
  • Highway revenues: means the revenues specified in Article VIII, section 6, of the Montana constitution and 15-70-126 and 15-70-127 as revenues from gross vehicle weight fees and excise and license taxes (except general sales and use taxes, if any) on gasoline, fuel, and other energy sources used to propel vehicles on public highways and any other revenues, taxes, or receipts credited to the department in the state special revenue fund and the federal special revenue fund. See Montana Code 17-5-903
  • 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
  • Horizontally completed well: means :

    (a) a well with one or more horizontal drain holes; or

    (b) any other well classified by the board as a horizontally completed well. See Montana Code 15-36-303

  • Immediate family member: means a parent, spouse, or child. See Montana Code 15-61-102
  • Immediate family members: means family members that are within the second degree of consanguinity or affinity. See Montana Code 15-30-3002
  • Immersion program: means a program of an eligible district in which:

    (a) all participating students receive content area instruction in an Indian language at least 50% of the day;

    (b) teachers are fully proficient in the languages they use for instruction; and

    (c) the goal of the program is perpetuating cultural integrity and promoting bilingualism and biliteracy. See Montana Code 20-7-1403

  • Immunization: means induction of a state of resistance to a disease through administration of an immunizing agent. See Montana Code 20-5-402
  • Importer: means a person who transports or arranges for the transportation of gasoline or special fuel into Montana for sale, use, or distribution. See Montana Code 15-70-401
  • Improperly imported fuel: means gasoline or special fuel that is:

    (a) consigned to a Montana destination and imported into the state without the distributor first having obtained a Montana distributor license as required in 15-70-402; or

    (b) delivered, possessed, sold, or transferred in the state in any manner not authorized under Title 15, chapter 70. See Montana Code 15-70-401

  • Incremental production: means :

    (a) the volume of oil produced by a new enhanced recovery project, by a well in primary recovery recompleted as a horizontally completed well, or by an expanded enhanced recovery project, which volume of production is in excess of the production decline rate established under the conditions existing before:

    (i) commencing the recompletion of a well as a horizontally completed well;

    (ii) expanding the existing enhanced recovery project; or

    (iii) commencing a new enhanced recovery project; or

    (b) in the case of any project that had no taxable production prior to commencing the enhanced recovery project, all production of oil from the enhanced recovery project. See Montana Code 15-36-303

  • 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
  • Indian language: means any of the languages of the tribes located on the seven Montana reservations and the Little Shell Chippewa tribe. See Montana Code 20-7-1403
  • Indirect costs: means costs for services that benefit more than one agency or program and that are not readily assignable to the agency or program specifically benefiting. See Montana Code 17-1-104
  • Individual: means a human being. See Montana Code 2-6-1501
  • Individual: means a human being. See Montana Code 19-20-101
  • Individual: means a human being and does not include an estate or trust. See Montana Code 15-30-3002
  • Information technology: means all electronic information processing hardware and software, including telecommunications. See Montana Code 18-5-602
  • Information technology resources: means hardware, software, and associated services and infrastructure used to store or transmit information in any form, including voice, video, and electronic data. See Montana Code 2-15-102
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Innovative educational program: means an advanced academic program that enhances the curriculum or academic program of an eligible public school and that is not part of the regular academic program of an eligible public school. See Montana Code 20-9-902
  • Inorganic fertilizer produced as a byproduct: means enriched mine tailings, kiln dust, and reject rock that have been processed for use in increasing soil condition and fertility and includes soil amendments as that term is defined in 80-10-101. See Montana Code 15-32-302
  • Institution: means any public institution of postsecondary education governed, supervised, or coordinated by the board of regents of higher education. See Montana Code 20-25-701
  • Instruction: means :

    (a) a formal course of study or class, developed with the advice and assistance of Indian people, that is offered separately or that is integrated into existing accreditation standards by a unit of the university system or by an accredited tribal community college located in Montana, including a teacher education program within the university system or a tribal community college located in Montana, or by the board of trustees of a school district;

    (b) inservice training developed by the superintendent of public instruction in cooperation with educators of Indian descent and made available to school districts;

    (c) inservice training provided by a local board of trustees of a school district, which is developed and conducted in cooperation with tribal education departments, tribal community colleges, or other recognized Indian education resource specialists; or

    (d) inservice training developed by professional education organizations or associations in cooperation with educators of Indian descent and made available to all certified and classified personnel. See Montana Code 20-1-502

  • Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
  • 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
  • interest and income money: means the total of the following revenue, as provided for by Article X, section 5, of the 1972 Montana constitution:

    (a) 95% of the interest received from the investment of the public school fund;

    (b) 95% of the interest received from the investment of any other school funds held in trust by the state board of land commissioners;

    (c) 95% of the income received from the leasing of or sale of timber from state school lands; and

    (d) 95% of any other income derived from any other covenant affecting the use of state school lands. See Montana Code 20-9-341

  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Internal Revenue Code: has the meaning provided in 15-30-2101. See Montana Code 19-20-101
  • Internal Revenue Code: has the meaning provided in 15-30-2101. See Montana Code 17-5-1102
  • 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 15-62-103
  • Issuer: means a public entity that:

    (a) executes a certificated public obligation to evidence its duty to perform an obligation represented by the certificated public obligation;

    (b) undertakes to perform an obligation that is an uncertificated public obligation; or

    (c) becomes responsible for or in place of a public entity described as an issuer in this subsection (7). See Montana Code 17-5-1102

  • Joint annuitant: means the one person that a retired member who has elected an optional allowance under 19-20-702(2), (4), or (5) has designated to receive a retirement allowance upon the death of the retired member. See Montana Code 19-20-101
  • 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.
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • 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.
  • keylock: means a unique device intended to allow access to a fuel dealer's unattended pump or dispensing unit for the purpose of delivery of gasoline or special fuel to an authorized user of the unique device. See Montana Code 15-70-401
  • 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
  • Large district: has the meaning provided in 20-9-903. See Montana Code 20-9-902
  • Large district: has the meaning provided in 20-9-903. See Montana Code 15-30-3102
  • 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
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Licensed retailer: means any person, other than a wholesaler, subjobber, or tobacco product vendor, who is licensed under the provisions of this part. See Montana Code 16-11-102
  • Licensed wholesaler: means a wholesaler licensed under the provisions of this part. See Montana Code 16-11-102
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
  • Liquefied petroleum gas: means any petroleum product that is sold for use in motor vehicles and that is composed predominantly of any of the following hydrocarbons or mixtures of hydrocarbons:

    (a) propane;

    (b) propylene;

    (c) butane, including normal butane or isobutane; or

    (d) butylene. See Montana Code 15-70-701

  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Loan-out company: means a personal service company contracted with and retained by a production company to provide individual personnel who are not employees of the production company, including actors, directors, producers, writers, production designers, production managers, costume designers, directors of photography, editors, casting directors, first assistant directors, second unit directors, stunt coordinators, and similar personnel, for performance of services used directly in a qualified production activity. See Montana Code 15-31-1003
  • 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
  • Local health department: means a city, city-county, county, or district health department. See Montana Code 20-5-402
  • Local health officer: means a city, city-county, county, or district health officer. See Montana Code 20-5-402
  • 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
  • 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: means any person who fabricates cigarettes from raw materials for the purpose of resale. See Montana Code 16-10-103
  • Manufacturer: means any person who fabricates tobacco products from raw materials for the purpose of resale. See Montana Code 16-11-102
  • Manufacturer: means any person who fabricates tobacco products from raw materials for the purpose of resale. See Montana Code 16-11-102
  • Marijuana product: means marijuana as defined in 50-32-101 and marijuana-infused products as defined in 50-46-302. See Montana Code 15-64-101
  • Marijuana product provider: means provider or a marijuana-infused products provider as those terms are defined in 50-46-302. See Montana Code 15-64-101
  • Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
  • Maximum general fund budget: means a district's general fund budget amount calculated from the basic entitlement for the district, the total per-ANB entitlement for the district, the total quality educator payment, the total at-risk student payment, the total Indian education for all payment, the total American Indian achievement gap payment, the total data-for-achievement payment, and the greater of the district's special education allowable cost payment multiplied by:

    (a) 175%; or

    (b) the ratio, expressed as a percentage, of the district's special education allowable cost expenditures to the district's special education allowable cost payment for the fiscal year that is 2 years previous, with a maximum allowable ratio of 200%. See Montana Code 20-9-306

  • meeting: means the convening of a quorum of the constituent membership of a public agency or association described in 2-3-203, whether corporal or by means of electronic equipment, to hear, discuss, or act upon a matter over which the agency has supervision, control, jurisdiction, or advisory power. See Montana Code 2-3-202
  • Member: means a person with a retirement account in the defined contribution plan. See Montana Code 19-3-2101
  • Member: means a person who has an individual account in the annuity savings account. See Montana Code 19-20-101
  • Member of the family: means , with respect to a designated beneficiary, a member of the family of the designated beneficiary as defined in section 529(e)(2) of the Internal Revenue Code, 26 U. See Montana Code 15-62-103
  • Mineral: means any precious stones or gems, gold, silver, copper, coal, lead, petroleum, natural gas, oil, uranium, talc, vermiculite, limestone, or other nonrenewable merchantable products extracted from the surface or subsurface of the state of Montana. See Montana Code 15-38-103
  • Minimum aggregate hours: means the minimum hours of pupil instruction that must be conducted during the school fiscal year in accordance with 20-1-301 and includes passing time between classes. See Montana Code 20-1-101
  • Minor: means a male or female person who has not obtained the age of 18 years. See Montana Code 20-25-501
  • 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
  • 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
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Moist snuff: means any finely cut, ground, or powdered tobacco, other than dry snuff, that is intended to be placed in the oral cavity. See Montana Code 16-11-102
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Motor vehicle: means all vehicles that are operated on the public roads and highways of this state and that are operated in whole or in part by the combustion of gasoline or special fuel. See Montana Code 15-70-401
  • Motor vehicle: means any vehicle that is self-propelled by compressed natural gas or by liquefied petroleum gas and that is driven upon the public roads and highways of this state. See Montana Code 15-70-701
  • multidistrict cooperative: means a public entity created by two or more school districts executing a multidistrict agreement under this section or any school district or other public entity participating in an interlocal cooperative agreement under the provisions of Title 20, chapter 9, part 7, as either a coordinating or a cooperating agency. See Montana Code 20-3-363
  • Multimarket commercial distribution: means paid commercial distribution that extends to markets outside the state. See Montana Code 15-31-1003
  • Multiple dwelling project: means :

    (a) a residential condominium on common land consisting of residential units in single or multiunit structures for at least 25 occupants; or

    (b) a class four residential building as described in 15-6-134, or that portion of a class four building that is used for residential purposes, that has multiple residential units for at least 25 occupants and includes as much of the surrounding land, not exceeding 5 acres, as is reasonably necessary for its residential use. See Montana Code 15-24-3201

  • 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
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • Negotiated rulemaking: means rulemaking through the use of a negotiated rulemaking committee. See Montana Code 2-5-103
  • New enhanced recovery project: means an enhanced recovery project that began development after December 31, 1993. See Montana Code 15-36-303
  • nonbudgeted fund: means any fund for which a budget is not required in order to expend money on deposit in the fund. See Montana Code 20-9-201
  • Nonqualified withdrawal: means a withdrawal from an account that is not:

    (a) a qualified withdrawal;

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

    (c) a withdrawal that is made on the account of a scholarship or the allowance or payment described in section 135(d)(1)(B) or (d)(1)(C) of the Internal Revenue Code, 26 U. See Montana Code 15-62-103

  • Nonvisual: means synthesized speech, Braille, and other output methods not requiring sight. See Montana Code 18-5-602
  • normal form benefit: means a monthly retirement benefit payable only for the lifetime of the retired member. See Montana Code 19-20-101
  • Normal retirement age: means an age no earlier than 60 years of age. See Montana Code 19-20-101
  • Oath: includes an affirmation or declaration. See Montana Code 1-1-201
  • 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.
  • Obligation: means an agreement of an issuer to pay principal and interest and includes a share, participation, or other interest in the agreement. See Montana Code 17-5-1102
  • Official actions: means the actions by statute, order, ordinance, resolution, contract, or other authorized means by which the issuer provides for issuance of a public obligation. See Montana Code 17-5-1102
  • Official or official body: means :

    (a) the officer or body that is empowered under the laws of one or more states, including this state, to provide for original issuance of a public obligation of the issuer by defining the obligation and its terms, conditions, and other incidents;

    (b) the successor or successors of the official or official body; and

    (c) any other person or group of persons who are assigned duties of the official or official body under applicable law. See Montana Code 17-5-1102

  • Offsite instructional setting: means an instructional setting at a location, separate from a main school site, where a school district provides for the delivery of instruction to a student who is enrolled in the district. See Montana Code 20-1-101
  • Oil: means crude petroleum or mineral oil and other hydrocarbons, regardless of gravity, that are produced at the wellhead in liquid form and that are not the result of condensation of gas after it leaves the wellhead. See Montana Code 15-36-303
  • Opioid: has the meaning provided for "opiate" in 50-32-101. See Montana Code 15-64-1001
  • Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
  • Organic fertilizer: means raw organic matter that has been processed and aged for use in increasing soil condition and fertility and includes soil amendments as that term is defined in 80-10-101. See Montana Code 15-32-302
  • Original issuance: means the first transfer of a public obligation by an issuer to a purchaser. See Montana Code 17-5-1102
  • Other property: means all real property other than state or federal property as defined in this part. See Montana Code 18-5-402
  • overpayment: means the total amount of all monthly retirement benefits or other amounts paid by the retirement system on behalf of a member due to an error. See Montana Code 19-20-1201
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Part-time service: means service that is not full-time service. See Montana Code 19-20-101
  • Participant: means a member of the retirement system who has elected to participate in the DROP pursuant to this part. See Montana Code 19-6-1002
  • Participant: means a member of the retirement system who has elected to participate in the DROP pursuant to this part. See Montana Code 19-9-1202
  • Participating trust agreement: means an agreement between the board, as trustee and as administrator of the program, and the account owner that creates a trust interest in the trust and provides for participation in the program. See Montana Code 15-62-103
  • 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.
  • Partnership: has the meaning provided in 15-30-2101. See Montana Code 15-30-3102
  • Pass-through entity: has the meaning provided in 15-30-2101. See Montana Code 15-30-3102
  • Passive solar system: means a direct thermal energy system that uses the structure of a building and its operable components to provide heating or cooling during the appropriate times of the year by using the climate resources available at the site. See Montana Code 15-32-102
  • Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
  • 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: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Person: means an individual, firm, partnership, corporation, association, company, committee, other group of persons, or other business entity, however formed. See Montana Code 15-64-101
  • Person: means an individual, firm, partnership, corporation, association, company, committee, other group of persons, or other business entity, however formed, who is a wholesaler licensed by the board of pharmacy and who is a distributor of opioids. See Montana Code 15-64-1001
  • Person: includes any person, firm, association, joint-stock company, syndicate, partnership, or corporation. See Montana Code 15-70-401
  • Person: means a person, firm, association, joint-stock company, syndicate, partnership, or corporation. See Montana Code 15-70-701
  • Person: means an individual, estate, trust, receiver, cooperative association, corporation, limited liability company, firm, partnership, joint venture, syndicate, or other entity, including any gas or electric utility owned or operated by a county, municipality, or other political subdivision of the state. See Montana Code 15-72-103
  • Person: means a natural person, corporation, partnership, trust, agency, or other entity and includes individual officers, directors, or other persons in active control of the activities of the entity. See Montana Code 16-3-415
  • Person: means an individual, firm, association, company, partnership, corporation, or other business entity, however formed. See Montana Code 16-10-103
  • Person: means an individual, firm, partnership, corporation, association, company, committee, other group of persons, or other business entity, however formed. See Montana Code 16-11-102
  • 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, firm, partnership, corporation, association, company, committee, other group of persons, or other business entity, however formed. See Montana Code 16-11-102
  • Person: means an individual, a partnership, a corporation, an association, or a public organization of any character. See Montana Code 2-6-1501
  • person: means an individual, corporation (domestic or foreign), partnership, association, joint-stock company, or syndicate. See Montana Code 15-1-102
  • 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

  • Personal property: means money, goods, chattels, things in action, and evidences of debt. See Montana Code 1-1-205
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • plan: means the teachers' retirement system of the state of Montana provided for in 19-20-102. See Montana Code 19-20-101
  • 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.
  • Political subdivision: includes a county, city, town, school district, irrigation district, drainage district, special improvement district, or any other governmental subdivision of the state. See Montana Code 17-5-101
  • Position reportable to the retirement system: means a position in which an individual performs duties that would entitle the person to active membership in the retirement system under the provisions of 19-20-302. See Montana Code 19-20-101
  • Postproduction company: means a company that:

    (i) maintains a business location physically located in this state;

    (ii) is engaged in qualified postproduction activities;

    (iii) meets the requirements of 15-31-1005(4) in the tax year for which the postproduction company claims the tax credit provided for in 15-31-1009; and

    (iv) has been approved by the department of commerce to claim the credit provided for in 15-31-1009. See Montana Code 15-31-1003

  • Postsecondary institution: means :

    (a) a unit of the Montana university system, as defined in 20-25-201;

    (b) a Montana community college, defined and organized as provided in 20-15-101; or

    (c) an accredited tribal college located in the state of Montana. See Montana Code 20-26-603

  • Postsecondary school: means a community college, a unit of the Montana university system, or a private university or college. See Montana Code 20-5-402
  • Potable water system: means a privately owned public water supply system as defined in 75-6-102 that is used in common by all the dwellings of a multiple dwelling project. See Montana Code 15-24-3201
  • 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
  • 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.
  • Prepared for shipment: includes but is not limited to services such as in-mine movement, crushing, sizing, screening, storing, mixing, loading, treatment with substances including chemicals or oils, and other preparation of the coal for disposition. See Montana Code 15-35-102
  • Preschool: means a place or facility that provides, on a regular basis and as its primary purpose, educational instruction designed for children 5 years of age or younger and that:

    (a) serves no child under 5 years of age for more than 3 hours a day; and

    (b) serves no child 5 years of age for more than 6 hours a day. See Montana Code 20-5-402

  • Primary beneficiary: means a designated beneficiary with a first right to receive any benefit or refund of accumulated contributions payable upon the death of the individual authorized by law to make the designation. See Montana Code 19-20-101
  • Primary recovery: means the displacement of oil from the earth into the wellbore by means of the natural pressure of the oil reservoir and includes artificial lift. See Montana Code 15-36-303
  • Principal: means a person who holds a valid class 3 Montana teacher certificate with an applicable principal's endorsement that has been issued by the superintendent of public instruction under the provisions of this title and the policies adopted by the board of public education and who has been employed by a district as a principal. See Montana Code 20-1-101
  • 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.
  • Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
  • Produced: means severed from the earth. See Montana Code 15-35-102
  • producer: means a person who produces oil or natural gas within this state or who owns, controls, manages, leases, or operates within this state any well or wells from which any marketable oil or natural gas is extracted or produced. See Montana Code 15-36-303
  • Production company: means a company primarily engaged in qualified production activities that have been approved by the department of commerce. See Montana Code 15-31-1003
  • Production decline rate: means the projected rate of future oil production, extrapolated by a method approved by the board, that must be determined for a project area prior to commencing a new or expanded enhanced recovery project or the recompletion of a well as a horizontally completed well. See Montana Code 15-36-303
  • Production expenditure: means a preproduction or production expenditure incurred in Montana that is directly used for a qualified production activity including:

    (i) set construction and operation;

    (ii) wardrobes, makeup, accessories, and related services;

    (iii) costs associated with photography and sound synchronization expenditures, excluding license fees, incurred with Montana companies for sound recordings and musical compositions, lighting, or related services and materials;

    (iv) editing and related services;

    (v) rental of facilities and equipment;

    (vi) leasing of vehicles, whether to be photographed or to transport people, equipment, or materials;

    (vii) lodging costs, including hotel rooms and private housing rentals paid for by the production company;

    (viii) per diem and living allowance paid to staff, cast, and crew members;

    (ix) digital, film, or tape editing, film processing, transfers of film to tape or digital format, sound mixing, computer graphics services, special effects services, visual effects services, and animation services;

    (x) airfare, if purchased through a Montana travel agency or travel company;

    (xi) insurance costs and bonding, if purchased through a Montana insurance agency; and

    (xii) other direct costs of producing the project in accordance with generally accepted entertainment industry practices and generally accepted accounting principles. See Montana Code 15-31-1003

  • Professionally qualified persons: means teachers, administrators, school psychologists, counselors, curriculum specialists, artists, musicians, and others with special training who are qualified to appraise pupils' special competencies. See Montana Code 20-7-901
  • Program: means the family education savings program established pursuant to 15-62-201. See Montana Code 15-62-103
  • Program: means any legislatively or administratively created function, project, or duty of an agency. See Montana Code 2-8-102
  • Program: means the university system retirement program established pursuant to this chapter. See Montana Code 19-21-102
  • Project: shall mean any resettlement project or rural rehabilitation project for resettlement purposes of the United States, located within this state, and shall include persons inhabiting such project. See Montana Code 17-3-301
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public agency: means any political subdivision, including municipalities, counties, school districts, and any agency or department of the state of Montana. See Montana Code 18-11-102
  • 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 body: includes a county, city, town, school district, irrigation district, drainage district, special improvement district, or any other political or governmental subdivision of the state or any commission, authority, or agency of a political or governmental subdivision, and also includes the board of public education, the board of regents of higher education, the board of examiners, the department of natural resources and conservation, the state transportation commission, or any other governmental agency of this state. See Montana Code 17-5-202
  • Public contractor: means any person who submits a proposal to perform or enters into a contract for performing public construction work in the state with the federal government or state of Montana; with any board, commission, or department of the state; with any board of county commissioners, any city or town council, or any agency of any of them; or with any other public board, body, commission, or agency authorized to let or award contracts for any public work when the contract cost, value, or price exceeds the sum of $5,000. See Montana Code 15-50-101
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Public document: means any publication of an agency that is meant for dissemination to the public, but does not include educational materials published by a unit of the university system or the superintendent of public instruction, reports of the legislative auditor, travel promotion materials, standard forms, bid specifications, opinions of the attorney general, opinions of the supreme court, session laws, the Administrative Rules of Montana, the Montana Code Annotated, or regular periodical publications sold to the general public solely through subscription and newsstand sale. See Montana Code 18-7-302
  • Public entity: means any entity, department, or agency that is empowered under the laws of one or more states, including this state, to issue obligations, any interest with respect to which may under any provision of law be provided an exemption from the income tax referred to in the Internal Revenue Code. See Montana Code 17-5-1102
  • 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 obligation: means either a certificated or an uncertificated public obligation. See Montana Code 17-5-1102
  • 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

  • Public roads and highways of this state: means all streets, roads, highways, and related structures:

    (a) built and maintained with appropriated funds of the United States, the state of Montana, or any political subdivision of the state;

    (b) dedicated to public use;

    (c) acquired by eminent domain, as provided in Title 60, chapter 4, or Title 70, chapter 30; or

    (d) acquired by adverse use by the public, with jurisdiction having been assumed by the state or any political subdivision of the state. See Montana Code 15-70-401

  • Public roads and highways of this state: means all streets, roads, highways, and related structures that are:

    (a) built and maintained with appropriated funds of the United States, the state of Montana, or any political subdivision of the state;

    (b) dedicated to public use;

    (c) acquired by eminent domain, as provided in Title 60, chapter 4, or Title 70, chapter 30; or

    (d) acquired by adverse use by the public, with jurisdiction having been assumed by the state or any political subdivision of the state. See Montana Code 15-70-701

  • Pupil: means a child who is 5 years of age or older on or before September 10 of the year in which the child is to enroll or has been enrolled by special permission of the board of trustees under 20-5-101(3) but who has not yet reached 19 years of age and who is enrolled in a school established and maintained under the laws of the state at public expense. See Montana Code 20-1-101
  • Pupil instruction: means the conduct of organized instruction of pupils enrolled in public schools while under the supervision of a teacher. See Montana Code 20-1-101
  • Purchaser: means a person who purchases or contracts to purchase Montana coal directly from a coal mine operator or indirectly from a broker and who utilizes that coal in any industrial, commercial, or energy conversion process. See Montana Code 15-35-102
  • Purchaser: means a person to whom a sale of a marijuana product is made. See Montana Code 15-64-101
  • purchaser: means a person who acquires for consideration electricity for use or consumption and not for resale. See Montana Code 15-72-103
  • Qualified education provider: means an education provider that:

    (a) is not a public school;

    (b) (i) is accredited, has applied for accreditation, or is provisionally accredited by a state, regional, or national accreditation organization; or

    (ii) is a nonaccredited provider or tutor and has informed the child's parents or legal guardian in writing at the time of enrollment that the provider is not accredited and is not seeking accreditation;

    (c) is not a home school as referred to in 20-5-102(2)(e);

    (d) administers a nationally recognized standardized assessment test or criterion-referenced test and:

    (i) makes the results available to the child's parents or legal guardian; and

    (ii) administers the test for all 8th grade and 11th grade students and provides the overall scores on a publicly accessible private website or provides the composite results of the test to the office of public instruction for posting on its website;

    (e) satisfies the health and safety requirements prescribed by law for private schools in this state; and

    (f) qualifies for an exemption from compulsory enrollment under 20-5-102(2)(e) and 20-5-109. See Montana Code 15-30-3102

  • Qualified higher education expenses: means qualified higher education expenses as defined in section 529(e)(3) of the Internal Revenue Code, 26 U. See Montana Code 15-62-103
  • Qualified person: means a person legally qualified to determine the person's own domicile. See Montana Code 20-25-501
  • Qualified production: means a new film, video, or digital project including only feature films, series for theaters, television, or streaming, pilots, movies and scripted shows made for television or streaming, televised commercial advertisements, music videos, corporate videos, industrial films, production for website creation, television specials, sports events, video games, interactive entertainment, prereleased interactive games, and sound recording projects used in a feature film, series, pilot, or movie for television. See Montana Code 15-31-1003
  • Qualified production activity: means the production of a new film, video, or digital project in this state and approved by the department of commerce, including only feature films, series for theaters, television, or streaming, pilots, movies and scripted shows made for television or streaming, televised commercial advertisements, music videos, corporate videos, industrial films, production for website creation, television specials, sports events, video games, interactive entertainment, prereleased interactive games, and sound recording projects used in a feature film, series, pilot, or movie for television. See Montana Code 15-31-1003
  • Qualified withdrawal: means a withdrawal from an account to pay the qualified higher education expenses of the designated beneficiary of the account. See Montana Code 15-62-103
  • Qualifying production: means the first 12 months of production of oil or natural gas from a well drilled after December 31, 1998, or the first 18 months of production of oil or natural gas from a horizontally completed well drilled after December 31, 1998, or from a well that has not produced oil or natural gas during the 5 years immediately preceding the first month of qualifying production. See Montana Code 15-36-303
  • Quarterly revenue: means all revenue received during a calendar quarter by a facility operating in Montana for providing for client care. See Montana Code 15-67-101
  • Quasi-judicial function: means an adjudicatory function exercised by an agency, involving the exercise of judgment and discretion in making determinations in controversies. See Montana Code 2-15-102
  • Raw organic matter: means unprocessed plant or animal waste products. See Montana Code 15-32-302
  • Readily adaptable: means that all critical components of information may be rendered by the information technology in equivalent nonvisual formats and that the installation or operation of software or hardware adaptations for speech, Braille, or other nonvisual formats do not require extraordinary alterations to the information technology. See Montana Code 18-5-602
  • Real property: means lands, tenements, hereditaments, and possessory title to public lands. See Montana Code 1-1-205
  • Recess: A temporary interruption of the legislative business.
  • Recognized nonfossil forms of energy generation: means :

    (a) a system that captures energy or converts energy sources into usable sources, including electricity, by using:

    (i) solar energy, including passive solar systems;

    (ii) wind;

    (iii) solid waste;

    (iv) the decomposition of organic wastes;

    (v) geothermal;

    (vi) fuel cells that do not require hydrocarbon fuel; or

    (vii) an alternative energy system;

    (b) a system that produces electric power from biomass or solid wood wastes; or

    (c) a small system that uses water power by means of an impoundment that is not over 20 acres in surface area. See Montana Code 15-32-102

  • Record: means an original document, a legible facsimile, or an electronically preserved copy. See Montana Code 16-11-102
  • Record: means an original document, a legible facsimile, or an electronically preserved copy. See Montana Code 16-11-102
  • 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
  • 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
  • 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
  • Regents: means the board of regents of higher education. See Montana Code 20-1-101
  • Regular interest: means interest at a rate set by the retirement board in accordance with 19-20-501(2). See Montana Code 19-20-101
  • Rehabilitation: means the process of returning a property to a state of utility through repair or alteration that makes possible an efficient contemporary use while preserving those features of the property that are significant to its historical, architectural, and cultural values. See Montana Code 15-24-1602
  • 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.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Report: means the report of resident bed days required in 15-67-201. See Montana Code 15-67-101
  • Reporting period: means the 6-month period ending June 30 or December 31, as applicable. See Montana Code 15-37-102
  • 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 an individual obtaining care in an intermediate care facility. See Montana Code 15-67-101
  • Resident: has the meaning provided in 15-30-2101. See Montana Code 15-31-1003
  • Resident bed day: means each 24-hour period that a resident in an intermediate care facility is present in the facility and receiving care or in which a bed is held for a resident while the resident is on temporary leave from the facility. See Montana Code 15-67-101
  • Resident student: means :

    (i) a student who has been domiciled in Montana for 1 year immediately preceding registration at any unit for any term or session for which resident classification is claimed. See Montana Code 20-25-501

  • Residential dwelling: means any class four residential dwelling described in 15-6-134 that is a single-family dwelling unit, including a trailer, manufactured home, or mobile home and as much of the surrounding land, not exceeding 5 acres, as is reasonably necessary for its use as a dwelling. See Montana Code 15-24-3201
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Restoration: means the process of accurately recovering the form, details, and setting of a property as it appeared when it was originally built or constructed by removing later work or replacing missing earlier work. See Montana Code 15-24-1602
  • Retail price: means the established price for which a marijuana product provider sells a marijuana product to a purchaser before any discount or reduction. See Montana Code 15-64-101
  • Retailer: means a person who operates a store, stand, booth, concession, or other outlet for the purpose of selling cigarettes at retail. See Montana Code 16-10-103
  • Retailer: means a person, other than a wholesaler, who is engaged in the business of selling tobacco products to the ultimate consumer. See Montana Code 16-11-102
  • Retailer: means a person, other than a wholesaler, who is engaged in the business of selling tobacco products to the ultimate consumer. See Montana Code 16-11-102
  • retiree: means a person who is considered in retired member status under the provisions of 19-20-810. See Montana Code 19-20-101
  • retirement benefit: means a monthly payment due to a retired member who has qualified for service or disability retirement or due to a joint annuitant or beneficiary. See Montana Code 19-20-101
  • retirement system: means the public employees' retirement system established in 19-3-103. See Montana Code 19-3-108
  • Right of offset: Banks' legal right to seize funds that a guarantor or debtor may have on deposit to cover a loan in default. It is also known as the right of set-off. Source: OCC
  • Roll-your-own tobacco: means any tobacco that, because of its appearance, type, packaging, or labeling, is suitable for use and likely to be offered to or purchased by consumers as tobacco for making cigarettes. See Montana Code 16-11-102
  • 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
  • Scholarship: means a payment toward the cost of attendance at a qualifying postsecondary institution, rounded up to the nearest dollar. See Montana Code 20-26-603
  • school: means an institution for the teaching of children that is established and maintained under the laws of the state of Montana at public expense. See Montana Code 20-6-501
  • School: means a place or institution for the teaching of individuals, the curriculum of which is composed of the work of:

    (a) any combination of kindergarten through grade 12;

    (b) a postsecondary school; or

    (c) a preschool. See Montana Code 20-5-402

  • School bus: means , except as provided in subsection (4)(b), any motor vehicle that complies with the bus standards established by the board of public education as verified by the department of justice's semiannual inspection of school buses and the superintendent of public instruction and:

    (i) is owned by a district or other public agency and operated for the transportation of pupils to or from school or owned by a carrier under contract with a district or public agency to provide transportation of pupils to or from school; or

    (ii) is district-owned, is designed to carry 10 or fewer passengers, has an overall safety rating of five stars from the national highway traffic safety administration at the time of purchase, and is insured in accordance with minimum coverage requirements set forth in 20-10-109. See Montana Code 20-10-101

  • School election: means a regular school election or any election conducted by a district or community college district for authorizing taxation, authorizing the issuance of bonds by an elementary, high school, or K-12 district, or accepting or rejecting any proposition that may be presented to the electorate for decision in accordance with the provisions of this title. See Montana Code 20-1-101
  • School facility entitlement: means :

    (a) $300 per ANB for an elementary school district;

    (b) $450 per ANB for a high school district; or

    (c) $370 per ANB for an approved and accredited junior high school or middle school. See Montana Code 20-9-370

  • School food services: means a service of providing food for the pupils of a district on a nonprofit basis and includes any food service financially assisted through funds or commodities provided by the United States government. See Montana Code 20-1-101
  • Secondary recovery project: means an enhanced recovery project, other than a tertiary recovery project, that commenced or was expanded after December 31, 1993, and meets each of the following requirements:

    (a) The project must be certified as a secondary recovery project to the department by the board. See Montana Code 15-36-303

  • sell: means any transfer of cigarettes for consideration, exchange, barter, gift, offer for sale, or distribution, in any manner or by any means. See Montana Code 16-10-103
  • sell: means any transfer of tobacco products for consideration, exchange, barter, gift, offer for sale, or distribution in any manner or by any means. See Montana Code 16-11-102
  • sell: means any transfer of tobacco products for consideration, exchange, barter, gift, offer for sale, or distribution in any manner or by any means. See Montana Code 16-11-102
  • Service: means the performance of duties that would entitle the person to active membership in the retirement system under the provisions of 19-20-302. See Montana Code 19-20-101
  • Service of process: The service of writs or summonses to the appropriate party.
  • Services: shall mean such public and state functions as are performed for property in and persons residing within this state. See Montana Code 17-3-301
  • 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
  • Single-family residence: means an owner-occupied residence in Montana, including a manufactured home, trailer, or mobile home, that is an improvement to real property or a condominium unit that is owned by or that has been purchased under contract for deed by a person, individually or jointly. See Montana Code 15-63-102
  • Small business corporation: has the meaning provided in 15-30-3301. See Montana Code 15-30-3102
  • Sole distributor: means a person who either causes a unique brand of tobacco products to be manufactured according to distinctive specifications and acts as the exclusive distributor of the tobacco products or is the exclusive distributor of a brand of tobacco products within the continental United States. See Montana Code 16-11-102
  • Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
  • Special biodiesel fuel producer: means a person who produces less than 2,500 gallons annually of biodiesel fuel from waste vegetable oil feedstock for the operation of motor vehicles owned or controlled by the person on the public roads and highways of the state. See Montana Code 15-70-401
  • special fuel: includes biodiesel and additives of all types when the additive is mixed or blended into special fuel, regardless of the additive's classifications or uses. See Montana Code 15-70-401
  • Special fuel user: means a person who consumes special fuel for the operation of motor vehicles owned or controlled by the person on the public roads and highways of this state. See Montana Code 15-70-401
  • State: shall mean the state of Montana. See Montana Code 17-3-301
  • State agency: means a department, board, commission, office, bureau, institution, university system entity, or unit of state government recognized in the state budget. See Montana Code 18-5-602
  • 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 agency: means any agency of state government eligible to apply for and receive federal funds. See Montana Code 17-3-102
  • State board of education: means the board composed of the board of public education and the board of regents as specified in Article X, section 9, subsection (1), of the Montana constitution. See Montana Code 20-1-101
  • state equalization aid: means revenue as required in this section for:

    (a) distribution to the public schools for guaranteed tax base aid, BASE aid, and state debt service assistance; and

    (b) negotiated payments authorized under 20-7-420(3) up to $500,000 a biennium. See Montana Code 20-9-343

  • State property: means those buildings or portions of buildings or other real property owned or leased under a lease-purchase agreement or, in the case of a building, leased in its entirety by the state or agencies of the state and used in the conduct of state matters and occupied principally by state employees. See Montana Code 18-5-402
  • State records committee: means the state records committee provided for in 2-6-1107. See Montana Code 2-6-1002
  • State reimbursement for school facilities: means the amount of state equalization aid distributed to a district that:

    (a) has a district mill value per ANB that is less than the corresponding facility guaranteed mill value per ANB; and

    (b) has a debt service obligation in the ensuing school year on bonds. See Montana Code 20-9-370

  • State university: means Montana state university-Bozeman. See Montana Code 20-1-101
  • State-certified production: means a production engaged in qualified production activities and certified by the department of commerce as provided in 15-31-1004. See Montana Code 15-31-1003
  • 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.
  • STEM or health care major: means a major that is related to science, technology, engineering, mathematics, or health care. See Montana Code 20-26-603
  • Student: means any Montana resident, as established by the board of regents of higher education, who has met the qualifications for enrollment as a full-time student at an institution or who is presently enrolled as a full-time student in good standing, as determined by the institution. See Montana Code 20-25-701
  • Student loan program: means the program established by the board pursuant to this part. See Montana Code 20-26-1101
  • Student scholarship organization: means a charitable organization in this state that:

    (a) is exempt from federal income taxation under section 501(c)(3) of the Internal Revenue Code, 26 U. See Montana Code 15-30-3102

  • Subjobber: means a person who purchases from a licensed wholesaler cigarettes with the Montana cigarette tax insignia affixed and sells or offers to sell tobacco products to a licensed retailer or tobacco product vendor. See Montana Code 16-11-102
  • Subpoena: A command to a witness to appear and give testimony.
  • 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
  • Summons: Another word for subpoena used by the criminal justice system.
  • Superintendent of public instruction: means that state government official designated as a member of the executive branch by the Montana constitution. See Montana Code 20-1-101
  • Supplier: means a winery or an importer of table wines that enters into or is a party to an agreement of distributorship with a table wine distributor. See Montana Code 16-3-415
  • System: means the Montana university system. See Montana Code 20-1-101
  • system: means the teachers' retirement system provided for in Title 19, chapter 20. See Montana Code 19-21-102
  • Taxes: means the taxes provided for in this chapter. See Montana Code 15-70-112
  • Taxes paid on production: includes any tax paid to the federal, state, or local governments upon the quantity of coal produced as a function of either the volume or the value of production and does not include any tax upon the value of mining equipment, machinery, or buildings and lands, any tax upon a person's net income derived in whole or in part from the sale of coal, or any license fee. See Montana Code 15-35-102
  • Taxpayer: has the meaning provided in 15-30-2101. See Montana Code 20-9-902
  • Taxpayer: has the meaning provided in 15-30-2101. See Montana Code 15-30-3102
  • Teacher: means a person, except a district superintendent, who holds a valid Montana teacher certificate that has been issued by the superintendent of public instruction under the provisions of this title and the policies adopted by the board of public education and who is employed by a district as a member of its instructional, supervisory, or administrative staff. See Montana Code 20-1-101
  • teacher or specialist: refers to a person certified under 20-4-106. See Montana Code 20-4-101
  • teacher or specialist certificate: means a certificate issued or applied for under 20-4-106. See Montana Code 20-4-101
  • Telecommunications: means the transmission of information, images, pictures, voice, or data by radio, video, or other electronic or impulse means. See Montana Code 18-5-602
  • 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.
  • terminate: means that the employment relationship between the member and the member's employer has been terminated as required in 19-20-810. See Montana Code 19-20-101
  • termination date: means the last date on which a member performed service in a position reportable to the retirement system. See Montana Code 19-20-101
  • Termination pay: means any form of bona fide vacation leave, sick leave, severance pay, amounts provided under a window or early retirement incentive plan, or other payments contingent on the employee terminating employment. See Montana Code 19-20-101
  • Tertiary recovery project: means an enhanced recovery project, other than a secondary recovery project, using a tertiary recovery method that meets the following requirements:

    (a) The project must be certified as a tertiary recovery project to the department by the board. See Montana Code 15-36-303

  • Testator: A male person who leaves a will at death.
  • Testify: means every mode of oral statement under oath or affirmation. See Montana Code 1-1-202
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Textbook: means a book or manual used as a principal source of study material for a given class or group of students. See Montana Code 20-1-101
  • Textbook dealer: means a party, company, corporation, or other organization selling, offering to sell, or offering for adoption textbooks to districts in the state. See Montana Code 20-1-101
  • 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

  • Tier one member: means a person who became a member before July 1, 2013, and who has not withdrawn the member's account balance. See Montana Code 19-20-101
  • Tier two member: means a person who became a member on or after July 1, 2013, or who, after withdrawing the member's account balance, became a member again after July 1, 2013. See Montana Code 19-20-101
  • Title IV: refers to Title IV of the Higher Education Act of 1965, as amended. See Montana Code 20-26-603
  • Tobacco product: means cigarettes and all other products containing tobacco that are intended for human consumption or use. See Montana Code 16-11-102
  • Tobacco product: means cigarettes and all other products containing tobacco that are intended for human consumption or use. See Montana Code 16-11-102
  • Tobacco product vendor: means a person doing business in the state who purchases tobacco products through a wholesaler, subjobber, or retailer for 10 or more tobacco product vending machines that the person operates for a profit in premises or locations other than the person's own. See Montana Code 16-11-102
  • Ton: means 2,000 pounds. See Montana Code 15-35-102
  • 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.
  • Total at-risk student payment: means the payment resulting from the distribution of any funds appropriated for the purposes of 20-9-328. See Montana Code 20-9-306
  • Total data-for-achievement payment: means the payment provided in 20-9-325 resulting from multiplying $21. See Montana Code 20-9-306
  • Total environment: means air, water, soil, flora, and fauna and the social, economic, and cultural conditions that influence communities and individual citizens. See Montana Code 15-38-103
  • Total quality educator payment: means the payment resulting from multiplying $3,275 for fiscal year 2020 and $3,335 for each succeeding fiscal year by the number of full-time equivalent educators as provided in 20-9-327. See Montana Code 20-9-306
  • Total remittance: means taxes, interest, and penalties collected under this chapter and cleanup fees collected by the department as provided in 75-11-314. See Montana Code 15-70-112
  • Total school facility entitlement: means the school facility entitlement times the total ANB for the district. See Montana Code 20-9-370
  • Traffic education: means instruction in motor vehicle, bicycle, pedestrian, and school bus traffic laws or motorcycle laws, in the acceptance of personal responsibility on the public highways, in the causes and consequences of traffic accidents, and in the skills necessary for the safe operation of bicycles and motor vehicles or motorcycles. See Montana Code 20-7-501
  • 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.
  • Transmission services provider: means a person or entity controlling or operating facilities used for the transmission of electricity. See Montana Code 15-72-103
  • Transportation: means :

    (a) a district's conveyance of a pupil by a school bus between the pupil's legal residence or an officially designated bus stop and the school designated by the trustees for the pupil's attendance; or

    (b) "individual transportation" by which a district is relieved of actually conveying a pupil. See Montana Code 20-10-101

  • Transportation service area: means the geographic area of responsibility for school bus transportation for each district that operates a school bus transportation program. See Montana Code 20-10-101
  • Treasurer: means the ex officio state treasurer, referred to in 2-15-1002. See Montana Code 17-5-801
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Tribal government: means the officially recognized government of any Indian tribe, nation, or other organized group or community located in Montana exercising self-government powers and recognized as eligible for services provided by the United States to Indians because of their status as Indians. See Montana Code 18-11-102
  • Trust: means the family education savings trust established by 15-62-301. See Montana Code 15-62-103
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trust interest: means an account owner's interest in the trust created by a participating trust agreement and held for the benefit of a designated beneficiary. See Montana Code 15-62-103
  • Trustee: means the board in its capacity as trustee of the trust. See Montana Code 15-62-103
  • Trustee: A person or institution holding and administering property in trust.
  • trustee election: means the election for school board members held on the day established in 20-20-105(1). See Montana Code 20-1-101
  • Trustees: means the governing board of a district. See Montana Code 20-1-101
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • Uncertificated public obligation: means an obligation that is:

    (a) issued pursuant to a system of registration;

    (b) not represented by an instrument; and

    (c) either one of a class or series or by its terms divisible into a class or series of obligations. See Montana Code 17-5-1102

  • Underserved area: means a county in this state in which 14% or more people of all ages are in poverty as determined by the U. See Montana Code 15-31-1003
  • Undue burden: means compliance may be accomplished only by incurring an undue financial or administrative burden or by fundamentally altering a program or activity. See Montana Code 18-5-602
  • 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: 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
  • United States: shall mean the United States of America. See Montana Code 17-3-301
  • University: means the university of Montana-Missoula. See Montana Code 20-1-101
  • University system retirement program: means the retirement plan established by the board of regents under Title 19, chapter 21. See Montana Code 19-3-2101
  • Unpaid contributions: means the total amount of all monthly contributions or other contribution amounts not received by the retirement system due to an error. See Montana Code 19-20-1201
  • Uphold: The decision of an appellate court not to reverse a lower court decision.
  • 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
  • Use: means the operation of a motor vehicle on the public roads and highways of this state or of any political subdivision of this state. See Montana Code 15-70-401
  • Usual: means according to usage. See Montana Code 1-1-206
  • Vending facility: means an area and equipment inclusive of vending machines on state property that is or may be used in providing a food, beverage, or other service to employees and other persons present on the property. See Montana Code 18-5-402
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • Vessel: when used in reference to shipping, includes ships of all kinds, steamboats and steamships, canal boats, and every structure adapted to be navigated from place to place. See Montana Code 1-1-207
  • Vested: means that a member has been credited with at least 5 full years of membership service upon which contributions have been made and has a right to a future retirement benefit. See Montana Code 19-20-101
  • Vocational rehabilitation programs: means those programs provided for under the federal Randolph-Sheppard Act, as amended, and Title 53, chapter 7, part 3. See Montana Code 18-5-402
  • Vocational-technical education: means vocational-technical education of vocational-technical students that is conducted by a unit of the Montana university system, a community college, or a tribally controlled community college, as designated by the board of regents. See Montana Code 20-1-101
  • Waste vegetable oil: means used cooking oil gathered from restaurants or commercial food processors. See Montana Code 15-70-401
  • wells: means a single well or a group of wells in one field or production unit and under the control of one operator or producer. See Montana Code 15-36-303
  • Wholesale price: means the established price for which a manufacturer sells a tobacco product to a wholesaler or any other person before any discount or reduction. See Montana Code 16-11-102
  • Wholesaler: means a person who services retail outlets by maintaining an established place of business for the purchase of cigarettes and who:

    (a) purchases cigarettes from a manufacturer for the purpose of selling cigarettes to retailers; or

    (b) purchases cigarettes from a sole distributor, another wholesaler, or any other person for the purpose of selling cigarettes to retailers. See Montana Code 16-10-103

  • Wholesaler: means a person who:

    (i) purchases tobacco products from a manufacturer for the purpose of selling tobacco products to subjobbers, tobacco product vendors, wholesalers, or retailers; or

    (ii) purchases tobacco products from a sole distributor, another wholesaler, or any other person for the purpose of selling tobacco products to subjobbers, tobacco product vendors, wholesalers, or retailers. See Montana Code 16-11-102

  • 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
  • Writ: means an order in writing issued in the name of the state or of a court or judicial officer. See Montana Code 1-1-202
  • Writing: includes printing. See Montana Code 1-1-203
  • written election: means a written instrument, required by statute or the rules of the board, properly signed and filed with the board, that contains all the required information, including documentation that the board considers necessary. See Montana Code 19-20-101