Terms Used In Montana Code > Title 2 > Chapter 15 > Part 18 - Department of Commerce

• Accredited: means a school that is accredited by the board of public education pursuant to 20-7-102. See Montana Code 20-26-603
• Advisory committee: means the Montana university system interunit benefits advisory committee established in 2-15-1530. See Montana Code 20-25-1302
• Affected property owner: means a person or entity whose real property will be physically affected by the activity of an applicant or whose real property is proposed for incorporation into a historic district proposed as eligible for listing in the National Register of Historic Places. See Montana Code 22-3-421
• Agency: means the entity designated by the board to administer student loans. See Montana Code 20-26-1101
• Agency: means any department, bureau, commission, board, council, or political subdivision of the state of Montana, except an entity that is a cemetery board or has authority over a cemetery. See Montana Code 22-3-903
• 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
• 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.
• Antiquities permit: means the permit granted for excavation, removal, or restoration of heritage properties or paleontological remains provided for in 22-3-432. See Montana Code 22-3-421
• 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.
• Applicant: means a person who applies to a governmental entity, including a federal, state, or local governmental entity, for a permit, license, or lease on property owned by the governmental entity. See Montana Code 22-3-421
• 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.
• Art dealer: means a person engaged in the business of selling works of fine art, other than a person exclusively engaged in the business of selling goods at public auction. See Montana Code 22-2-501
• Artist: means a practitioner in the visual arts generally recognized by the practitioner's peers or critics as a professional who produces works of art. See Montana Code 22-2-403
• Artist: means a person who creates a work of fine art or, if the person is deceased, the person's heir, devisee, or personal representative. See Montana Code 22-2-501
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• 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}
• Bequest: Property gifted by will.
• Board: means the board of regents of higher education. See Montana Code 20-26-1101
• Board: means the burial preservation board established in 22-3-804. See Montana Code 22-3-803
• Board: means the burial preservation board established in 22-3-804. See Montana Code 22-3-903
• Board: means the state parks and recreation board established in 2-15-3406. See Montana Code 23-2-403
• 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 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
• Burial material: means any item found at the burial site or with the human skeletal remains and directly associated with the burial or burial site. See Montana Code 22-3-803
• Burial site: means , except for cemeteries and graveyards protected under existing state law, any natural or prepared physical location, whether originally below, on, or above the surface of the earth, into which human remains were intentionally deposited as a part of the death rites or ceremonies of a culture. See Montana Code 22-3-803
• Burial site: has the meaning provided in 22-3-803. See Montana Code 22-3-903
• Cave: means any geologically formed void or cavity beneath the surface of the earth or within a cliff or ledge, including but not limited to natural subsurface water and drainage systems, whether or not a natural entrance is present. See Montana Code 23-2-902
• Cave life: means any life form that occurs in, uses, visits, or inhabits a cave. See Montana Code 23-2-902
• Certificate of number: means the certificate issued by the department of justice, an authorized agent, as defined in 61-1-101, or a county treasurer to the owner of a motorboat or sailboat, assigning the motorboat or sailboat an identifying number and containing other information as required by the department of justice. See Montana Code 23-2-502
• Certificate of title: means the document issued by the department of justice as prima facie evidence of ownership. See Montana Code 23-2-601
• Claimant: means a claimant for repatriation under 22-3-912 and includes a tribal group, lineal descendant, or next of kin. See Montana Code 22-3-903
• Commission: means the fish and wildlife commission established in 2-15-3402. See Montana Code 23-2-403
• 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 executive committee of the board of trustees of the Montana historical society. See Montana Code 22-3-102
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consignment: means that no title to, estate in, or right to possession of fine art superior to that of the consignor vests in the consignee, notwithstanding the consignee's power or authority to transfer and convey to a third person all of the right, title, and interest of the consignor in and to such fine art. See Montana Code 22-2-501
• Contract: A legal written agreement that becomes binding when signed.
• Control: means having a legal interest in human skeletal remains or funerary objects sufficient to lawfully permit an agency or museum to treat the object as part of its collection for purposes of this part whether or not the human skeletal remains or funerary objects are in the physical custody of the agency or museum. See Montana Code 22-3-903
• 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.
• Counterclaim: A claim that a defendant makes against a plaintiff.
• Cultural affiliation: means the existence of a shared group identity that can reasonably be traced historically or anthropologically between a tribal group and an identifiable earlier tribe. See Montana Code 22-3-903
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• dbA: means sound pressure level measured on the "A" weight scale in decibels. See Montana Code 23-2-601
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the department of fish, wildlife, and parks provided for in 2-15-3401. See Montana Code 23-2-403
• Department: means the department of fish, wildlife, and parks of the state of Montana. See Montana Code 23-2-502
• Department: means the department of fish, wildlife, and parks of the state of Montana. See Montana Code 23-2-601
• 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
• Depository library: means a library contracted by the state library under 22-1-212(2) to provide the general public access to state publications. See Montana Code 22-1-211
• Devise: To gift property by will.
• Director: means a department head specifically referred to as a director in this chapter and does not mean a commission, board, commissioner, or constitutional officer. See Montana Code 2-15-102
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• 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
• Donor: The person who makes a gift.
• 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
• 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.
• 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.
• Fiduciary: A trustee, executor, or administrator.
• Fine art: means a painting, sculpture, drawing, work of graphic art (including an etching, lithograph, signed limited edition offset print, silk screen, or a work of graphic art of like nature), a work of calligraphy, photographs, original works in ceramics, wood, metals, glass, plastic, wax, stone, or leather, or a work in mixed media (including a collage, assemblage, or any combination of the art media mentioned in this subsection). See Montana Code 22-2-501
• 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.
• Freestyle terrain: means terrain parks and terrain features, including but not limited to jumps, rails, fun boxes, half-pipes, quarter-pipes, and freestyle bump terrain, and any other constructed features. See Montana Code 23-2-702
• 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
• Funerary objects: means objects that, as part of a death rite or ceremony, are reasonably believed to have been placed with human skeletal remains at a specific burial site either at the time of death or later and which human skeletal remains are currently in the possession or control of an agency, museum, or person, either along with the human skeletal remains or that can be identified by a preponderance of the evidence to be related to specific known human skeletal remains not currently in the possession or control of the agency, museum, or person. See Montana Code 22-3-903
• Gate: means a structure or device located to limit or prohibit access or entry to a cave. See Montana Code 23-2-902
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• 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}
• Heritage property: means any district, site, building, structure, or object located upon or beneath the earth or under water that is significant in American history, architecture, archaeology, or culture. See Montana Code 22-3-421
• Historic preservation office: means the office within the Montana historical society provided for in 2-15-1512. See Montana Code 22-3-421
• Historic preservation officer: means the officer provided for in 2-15-1512. See Montana Code 22-3-421
• Historic records: means manuscripts, papers, maps, charts, journals, diaries, photographs, business records, voice recordings, films, video tapes, or other records illustrative of the history of Montana in particular and generally of the region. See Montana Code 22-3-102
• Human skeletal remains: means any part of the human body in any state of decomposition taken from a burial site. See Montana Code 22-3-803
• Human skeletal remains: has the meaning provided in 22-3-803. See Montana Code 22-3-903
• Identifying number: means the boat number set forth in the certificate of number and properly displayed on the motorboat or sailboat. See Montana Code 23-2-502
• Inherent dangers and risks of skiing: means those dangers or conditions that are part of the sport of skiing, including:

  (a)changing weather conditions;

  (b)snow conditions as they exist or as they may change, including ice, hardpack, powder, packed powder, wind pack, corn snow, crust, slush, cut-up snow, and machine-made snow of any depth or accumulation, including but not limited to any depth or accumulation around or near trees or snowmaking equipment;

  (c)avalanches, except on open, machine-groomed ski trails;

  (d)collisions with natural surface or subsurface conditions, such as bare spots, forest growth, rocks, stumps, streambeds, cliffs, trees, and other natural objects;

  (e)collisions with lift towers, signs, posts, fences, enclosures, hydrants, water pipes, or other artificial structures and their components;

  (f)variations in steepness or terrain, whether natural or the result of slope design, snowmaking, or snow grooming operations, including but not limited to roads, freestyle terrain, ski jumps, catwalks, and other terrain modifications;

  (g)collisions with clearly visible or plainly marked equipment, including but not limited to lift equipment, snowmaking equipment, snow grooming equipment, trail maintenance equipment, and snowmobiles, whether or not the equipment is moving;

  (h)collisions with other skiers;

  (i)the failure of a skier to ski within that skier's ability;

  (j)skiing in a closed area or skiing outside the ski area boundary as designated on the ski area trail map; and

  (k)restricted visibility caused by snow, wind, fog, sun, or darkness. See Montana Code 23-2-702

• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Instructor of motorcycle safety training: means an instructor approved by the board of regents to instruct motorcycle safety training. See Montana Code 20-25-1001
• Inventory: means an itemized list that summarizes the collection of human skeletal remains and funerary objects in the possession or control of an agency or museum. See Montana Code 22-3-903
• 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.
• 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
• 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}
• Legacy: A gift of property made by will.
• 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.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Lienholder: means a person holding a security interest. See Montana Code 23-2-502
• Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
• Lineal descendant: Direct descendant of the same ancestors.
• Loan: means a deposit of property not accompanied by a transfer of title to the property. See Montana Code 22-3-503
• 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 a person engaged in the business of manufacturing or importing new and unused vessels or new and unused outboard motors for the purpose of sale or trade. See Montana Code 23-2-502
• Material: means all or part of any archaeological, cultural, paleontological, biological, or historical item or artifact found in a cave, including but not limited to any petroglyph, pictograph, pottery, basketwork, fossil, human remains, or animal remains. See Montana Code 23-2-902
• Materially and substantially disrupt: means conduct by a person who acts purposely or knowingly to:

  (i)significantly hinder the expressive activity of another person or group;

  (ii)prevent the communication of an expressive activity; or

  (iii)prevent the transaction of business at a lawful meeting, gathering, or procession by:

  (A)engaging in fighting or other violent or unlawful behavior; or

  (B)physically blocking or using threats of violence to prevent another person from attending, listening to, viewing, or otherwise participating in an expressive activity. See Montana Code 20-25-1501

• Mechanical transport: means any contrivance for moving a person over land that has moving parts and provides a mechanical advantage to the user. See Montana Code 23-2-601
• 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
• Motorboat: means a vessel, including a personal watercraft or pontoon, propelled by any machinery, motor, or engine of any description, whether or not the machinery, motor, or engine is the principal source of propulsion. See Montana Code 23-2-502
• Museum: means an institution located in Montana and operated by a nonprofit corporation or a public agency primarily for educational, scientific, or aesthetic purposes, and that owns, borrows, or cares for and exhibits, studies, or catalogs property. See Montana Code 22-3-503
• Museum: means an entity or state or local government agency, including an educational institution, that receives state funding. See Montana Code 22-3-903
• New snowmobile: means a snowmobile that has not been previously sold to an owner. See Montana Code 23-2-601
• New state building: means any structure to be built, remodeled, or renovated with money appropriated by the legislature that is, in the opinion of the architecture and engineering division of the department of administration, appropriate for the inclusion of works of art. See Montana Code 22-2-403
• 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.
• Operate: means to navigate or otherwise use a motorboat or a vessel. See Montana Code 23-2-502
• Operator: means the person who navigates, drives, or is otherwise in immediate control of a motorboat or vessel. See Montana Code 23-2-502
• Operator: includes each person who operates or is in actual physical control of the operation of a snowmobile. See Montana Code 23-2-601
• operator: means a person, firm, or corporation and its agents and employees having operational and administrative responsibility for ski slopes and trails and improvements. See Montana Code 23-2-702
• Outdoor area of campus: means a generally accessible outside area of campus, such as grassy areas, walkways, or other similar common areas. See Montana Code 20-25-1501
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means a person, other than a lienholder, having the property in or title to a motorboat or vessel. See Montana Code 23-2-502
• Owner: includes each person, other than a lienholder or person having a security interest in a snowmobile, that holds a certificate of title to a snowmobile and is entitled to the use or possession of the snowmobile. See Montana Code 23-2-601
• Owner: means any person or public or private agency that has the right to possession of a cave. See Montana Code 23-2-902
• Paleontological remains: means fossilized plants and animals of a geological nature found upon or beneath the earth or under water which are rare and critical to scientific research. See Montana Code 22-3-421
• 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.
• Passenger: means any person who is being transported or conveyed by a passenger ropeway. See Montana Code 23-2-702
• Passenger ropeway: means a device used to transport passengers by means of an aerial tramway or lift, surface lift, surface conveyor, or surface tow. See Montana Code 23-2-702
• Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
• Person: means an individual, partnership, corporation, association, or other group, however organized. See Montana Code 22-2-501
• Person: includes a corporation, partnership, joint venture, estate, and any other legal entity, as well as a natural person. See Montana Code 22-3-903
• Person: means an individual, partnership, firm, corporation, association, or other entity. See Montana Code 23-2-502
• Person: means an individual, partnership, association, corporation, and any other body or group of persons, regardless of the degree of formal organization. See Montana Code 23-2-601
• Person: means an individual, partnership, firm, association, trust, corporation, or other legal entity. See Montana Code 23-2-902
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Personal property: All property that is not real property.
• Personal property: means money, goods, chattels, things in action, and evidences of debt. See Montana Code 1-1-205
• Personal watercraft: means a vessel that uses an outboard motor or an inboard engine powering a water jet pump as its primary source of propulsion and that is designed to be operated by a person sitting, standing, or kneeling on the vessel rather than by the conventional method of sitting or standing in the vessel. See Montana Code 23-2-502
• Possessing entity: means an agency, museum, or person from whom repatriation is requested. See Montana Code 22-3-903
• Possession: means having physical custody of human skeletal remains or funerary objects with a sufficient legal interest to lawfully treat the human skeletal remains or funerary objects as part of a collection. See Montana Code 22-3-903
• 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

• 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.
• Preservation review board: means the board provided for in 2-15-1512. See Montana Code 22-3-421
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• 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.
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Property: includes any tangible object, animate or inanimate, that has intrinsic historic, artistic, scientific, or cultural value. See Montana Code 22-3-503
• Property: means real and personal property. See Montana Code 1-1-205
• 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 postsecondary institution: means :

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

  (b)a Montana community college, defined and organized as provided in 20-15-101. See Montana Code 20-25-1501

• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Real property: means lands, tenements, hereditaments, and possessory title to public lands. See Montana Code 1-1-205
• Regents: means the board of regents of higher education. See Montana Code 20-1-101
• Register: means the National Register of Historic Places, the official list of the nation's heritage properties worthy of preservation because of national, state, or local significance. See Montana Code 22-3-421
• Registration decal: means an adhesive sticker produced by the department of justice and issued by the department of justice, an authorized agent as defined in 61-1-101, or a county treasurer to the owner of a motorboat, sailboat, or personal watercraft as proof of payment of fees imposed on the motorboat, sailboat, or personal watercraft for the registration period indicated on the decal as recorded by the department of justice under 61-3-101. See Montana Code 23-2-502
• Registration decal: means an adhesive sticker produced and issued by the department of justice, its authorized agent, or a county treasurer to the owner of a snowmobile as proof of payment of all fees imposed for the registration period indicated on the sticker as recorded by the department of justice under 61-3-101. See Montana Code 23-2-601
• 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.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Right of possession: means :

  (a)possession obtained of nonculturally affiliated human skeletal remains or funerary objects; or

  (b)possession obtained with the voluntary consent of a group or individual that had authority of alienation over the human skeletal remains or funerary object. See Montana Code 22-3-903

• Roadway: means only those portions of a highway, road, or street improved, designed, or ordinarily used for travel or parking of motor vehicles. See Montana Code 23-2-601
• Sailboat: means a vessel that uses a sail and wind as its primary source of propulsion. See Montana Code 23-2-502
• 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
• Scientifically justifiable: means that the human skeletal remains or burial material has a potential to address specific research questions in the science of anthropology, history, or biology. See Montana Code 22-3-803
• Security interest: means an interest that is reserved or created by an agreement that secures payment or performance of an obligation and is valid against third parties generally. See Montana Code 23-2-502
• 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
• Sex: means the organization of the body parts and gametes for reproduction in human beings and other organisms. See Montana Code 1-1-201
• Ski slopes and trails: means those areas designated by the ski area operator to be used by skiers for skiing. See Montana Code 23-2-702
• Skier: means a person who is using any ski area facility for the purpose of skiing, including but not limited to ski slopes and trails. See Montana Code 23-2-702
• Skiing: means any activity, including participation in or practice or training for competitions or special events, that involves sliding or jumping on snow or ice while using skis, a snowboard, or any other sliding device. See Montana Code 23-2-702
• Snowmobile: means a self-propelled vehicle of an overall width of 48 inches or less, excluding accessories, designed for travel on snow or ice, that may be steered by skis or runners and that is not otherwise registered or licensed under the laws of the state of Montana. See Montana Code 23-2-601
• Snowmobile area: means those areas designated as snowmobile trails or areas open to the operation of snowmobiles. See Montana Code 23-2-601
• Snowmobiler: means any person operating or riding a snowmobile. See Montana Code 23-2-601
• Society: means the Montana historical society and includes:

  (a)the historical library and its contents;

  (b)any museums and art galleries and their contents acquired by the trustees;

  (c)any historical places, sites, or monuments acquired or developed by the society;

  (d)any divisions, departments, and activities operated in conjunction with the historical library as are established by the trustees; and

  (e)any books, papers, maps, charts, manuscripts, photographs, writings, records, objects of history and art, paintings, engravings, relics, collections of artifacts and minerals, furniture, or fixtures acquired by the trustees. See Montana Code 22-3-102

• Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
• Speleogen: means the surrounding natural earth or bedrock in which a cave is formed, including but not limited to clastic sediments, walls, floors, ceiling, and other related structural and geological features. See Montana Code 23-2-902
• Speleothem: means a natural mineral formation or deposit occurring in a cave, including but not limited to formations known as stalagmite, stalactite, helectite, shield, anthodite, gypsum flower and needle, angel's hair, soda straw, drapery, bacon, cave pearl, popcorn, rimstone dam, column, palette, and flowstone. See Montana Code 23-2-902
• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
• State agency: means any entity established or authorized by law to govern operations of the state, such as a state office, officer, department, division, section, bureau, board, commission, council, and agency of the state and all subdivisions of each. See Montana Code 22-1-211
• State agency: means any executive agency of the state of Montana. See Montana Code 22-3-421
• 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 a person who is enrolled full-time or part-time at a public postsecondary institution. See Montana Code 20-25-1501
• Student loan program: means the program established by the board pursuant to this part. See Montana Code 20-26-1101
• Student organization: means an officially recognized group or a group seeking official recognition at a public postsecondary institution that is composed of students who receive or are seeking to receive a benefit through the public postsecondary institution. See Montana Code 20-25-1501
• 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
• 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
• System: means the Montana university system. See Montana Code 20-1-101
• 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
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Title IV: refers to Title IV of the Higher Education Act of 1965, as amended. See Montana Code 20-26-603
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Tribal group: has the meaning provided in 22-3-803. See Montana Code 22-3-903
• Trustee: A person or institution holding and administering property in trust.
• Trustees: means the board of trustees of the Montana historical society. See Montana Code 22-3-102
• Uniform state waterway marking system: means one of two categories:

  (a)a system of aids to navigation to supplement the federal system of marking in state waters;

  (b)a system of regulatory markers to warn a vessel operator of dangers or to provide general information and directions. See Montana Code 23-2-502

• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• University: means the university of Montana-Missoula. See Montana Code 20-1-101
• 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
• User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
• Validation decal: means an adhesive sticker produced by the department and issued by the department or a county treasurer to the owner of a motorboat, sailboat, or personal watercraft verifying the identifying number assigned to the motorboat, sailboat, or personal watercraft and the name and address of the owner to meet requirements of the federal standard numbering system. See Montana Code 23-2-502
• Vessel: means every description of watercraft, unless otherwise defined by the department, other than a seaplane on the water, used or capable of being used as a means of transportation on water. See Montana Code 23-2-502
• Waters of this state: means any waters within the territorial limits of this state. See Montana Code 23-2-502
• Work of art: means any work of visual art, including but not limited to a drawing, painting, mural, fresco, sculpture, mosaic, photograph, work of calligraphy, work of graphic art (including an etching, lithograph, offset print, or silk screen), craft (including crafts in clay, textile, fiber, wood, metal, plastic, or glass), or mixed media (including a collage, assemblage, or any combination of art media). See Montana Code 22-2-403
• Writing: includes printing. See Montana Code 1-1-203