Montana Code > Title 2 > Chapter 17 – Property and Systems Development and Management

		Sections
Part 1	Real Property and Buildings	§ 2-17-101 – § 2-17-135
Part 2	Property and Supplies	§ 2-17-201 – § 2-17-202
Part 3	Mailing and Copying	§ 2-17-301 – § 2-17-323
Part 4	Vehicles	§ 2-17-401 – § 2-17-432
Part 5	Information Technology — Internet Privacy	§ 2-17-501 – § 2-17-561
Part 6	Government Competition With Private Internet Providers	§ 2-17-601 – § 2-17-604
Part 8	Capitol Complex Master Plan Act	§ 2-17-801 – § 2-17-825
Part 11	Montana Digital Government Services Act	§ 2-17-1101 – § 2-17-1105
Part 12	State Building Construction Loan Act	§ 2-17-1201 – § 2-17-1204

Terms Used In Montana Code > Title 2 > Chapter 17 - Property and Systems Development and Management

Acceptor: means a drawee that has accepted a draft. See Montana Code 30-3-102
Accession: means goods that are physically united with other goods in such a manner that the identity of the original goods is not lost. See Montana Code 30-9A-102
account: means any deposit or credit account with a bank and includes a demand, time, savings, passbook, share draft, or like account, other than an account evidenced by a certificate of deposit;

(b)"afternoon" means the period of a day between noon and midnight;

(c)"banking day" means the part of a day on which a bank is open to the public for carrying on substantially all of its banking functions;

(d)"clearinghouse" means an association of banks or other payors regularly clearing items;

(e)"customer" means a person having an account with a bank or for whom a bank has agreed to collect items and includes a bank maintaining an account at another bank;

(f)"documentary draft" means a draft to be presented for acceptance or payment if specified documents, certificated securities (30-8-112) or instructions for uncertificated securities (30-8-112), or other certificates, statements, or the like are to be received by the drawee or other payor before acceptance or payment of the draft;

(g)"draft" means a draft as defined in 30-3-104 or an item, other than an instrument, that is an order;

(h)"item" means an instrument or a promise or an order to pay money handled by a bank for collection or payment. See Montana Code 30-4-104
Account debtor: means a person obligated on an account, chattel paper, or general intangible. See Montana Code 30-9A-102
account for: means a right to payment of a monetary obligation, whether or not earned by performance:

(A)for property that has been or is to be sold, leased, licensed, assigned, or otherwise disposed of;

(B)for services rendered or to be rendered;

(C)for a policy of insurance issued or to be issued;

(D)for a secondary obligation incurred or to be incurred;

(E)for energy provided or to be provided;

(F)for the use or hire of a vessel under a charter or other contract;

(G)arising out of the use of a credit or charge card or information contained on or for use with the card; or

(H)as winnings in a lottery or other game of chance operated or sponsored by a state, governmental unit of a state, or person licensed or authorized to operate the game by a state or governmental unit of a state. See Montana Code 30-9A-102
accounting for: means a record:

(i)authenticated by a secured party;

(ii)indicating the aggregate unpaid secured obligations as of a date not more than 35 days earlier or 35 days later than the date of the record; and

(iii)identifying the components of the obligations in reasonable detail. See Montana Code 30-9A-102
Agency: has the meaning provided for in 2-15-102. See Montana Code 2-17-602
Agricultural lien: means an interest, other than a security interest, in farm products:

(i)that secures payment or performance of an obligation for:

(A)goods or services furnished in connection with a debtor's farming operation; or

(B)rent on real property leased by a debtor in connection with its farming operation;

(ii)that is created by statute in favor of a person that:

(A)in the ordinary course of its business furnished goods or services to a debtor in connection with a debtor's farming operation; or

(B)leased real property to a debtor in connection with the debtor's farming operation; and

(iii)whose effectiveness does not depend on the person's possession of the personal property. See Montana Code 30-9A-102
Allegation: something that someone says happened.
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.
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.
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.
As-extracted collateral: means :

(i)oil, gas, or other minerals that are subject to a security interest that:

(A)is created by a debtor having an interest in the minerals before extraction; and

(B)attaches to the minerals as extracted; or

(ii)accounts arising out of the sale at the wellhead or minehead of oil, gas, or other minerals in which the debtor had an interest before extraction. See Montana Code 30-9A-102
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
Bailee: means a person that by a warehouse receipt, bill of lading, or other document of title acknowledges possession of goods and contracts to deliver them. See Montana Code 30-7-102
Bank: means an organization that is engaged in the business of banking. See Montana Code 30-9A-102
bank: means any person engaged in the business of banking, including a savings bank, savings and loan association, credit union, or trust company;

(2)"depositary bank" means the first bank to take an item even though it is also the payor bank, unless the item is presented for immediate payment over the counter;

(3)"payor bank" means a bank that is the drawee of a draft;

(4)"intermediary bank" means a bank to which an item is transferred in course of collection except the depositary or payor bank;

(5)"collecting bank" means a bank handling an item for collection except the payor bank;

(6)"presenting bank" means a bank presenting an item except a payor bank. See Montana Code 30-4-105
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.
Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
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}
Building: has the meaning given in 18-2-101. See Montana Code 2-17-1202
Buyer: means a person who buys or contracts to buy goods. See Montana Code 30-2-103
Carrier: means a person that issues a bill of lading. See Montana Code 30-7-102
Cash proceeds: means proceeds that are money, checks, deposit accounts, or the like. See Montana Code 30-9A-102
Certificate of title: means a certificate of title with respect to which a statute provides for the security interest in question to be indicated on the certificate as a condition or result of the security interest's obtaining priority over the rights of a lien creditor with respect to the collateral. See Montana Code 30-9A-102
Chambers: A judge's office.
Chattel paper: means a record or records that evidence both a monetary obligation and a security interest in specific goods, a security interest in specific goods and software used in the goods, a security interest in specific goods and license of software used in the goods, a lease of specific goods, or a lease of specific goods and license of software used in the goods. See Montana Code 30-9A-102
Chief information security officer: means an employee at the department of administration designated by the chief information officer who is responsible for protecting the state's information assets and citizens' data by:

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

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

(c)advising information security strategy and programs for city, county, consolidated city-county, and local governments and for school districts, other political subdivisions, or tribal governments. See Montana Code 2-6-1501
Claimant: means a person who files an application for restitution assistance under this part on behalf of a victim. See Montana Code 30-10-1003
Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
Collateral: means the property subject to a security interest or agricultural lien. See Montana Code 30-9A-102
Commercial tort claim: means a claim arising in tort if:

(i)the claimant is an organization; or

(ii)the claimant is an individual and the claim:

(A)arose in the course of the claimant's business or profession; and

(B)does not include damages arising out of personal injury to or the death of an individual. See Montana Code 30-9A-102
Commercial unit: means such a unit of goods as by commercial usage is a single whole for purposes of lease and division of which materially impairs its character or value on the market or in use. See Montana Code 30-2A-103
Commissioner: has the meaning provided in 30-10-103. See Montana Code 30-10-1103
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.
Commodity account: means an account maintained by a commodity intermediary in which a commodity contract is carried for a commodity customer. See Montana Code 30-9A-102
Commodity contract: means a commodity futures contract, an option on a commodity futures contract, a commodity option, or another contract if the contract or option is:

(i)traded on or subject to the rules of a board of trade that has been designated as a contract market for such a contract pursuant to federal commodities laws; or

(ii)traded on a foreign commodity board of trade, exchange, or market and is carried on the books of a commodity intermediary for a commodity customer. See Montana Code 30-9A-102
Commodity customer: means a person for which a commodity intermediary carries a commodity contract on its books. See Montana Code 30-9A-102
Commodity intermediary: means a person that:

(i)is registered as a futures commission merchant under federal commodities law; or

(ii)in the ordinary course of its business provides clearance or settlement services for a board of trade that has been designated as a contract market pursuant to federal commodities law. See Montana Code 30-9A-102
Communicate: means :

(i)to send a written or other tangible record;

(ii)to transmit a record by any means agreed upon by the persons sending and receiving the record; or

(iii)in the case of transmission of a record to or by a filing office, to transmit a record by any means prescribed by filing-office rule. See Montana Code 30-9A-102
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Consignee: means a merchant to which goods are delivered in a consignment. See Montana Code 30-9A-102
Consignee: means the person named in a bill of lading to which or to whose order the bill promises delivery. See Montana Code 30-7-102
Consignment: means a transaction, regardless of its form, in which a person delivers goods to a merchant for the purpose of sale and:

(i)the merchant:

(A)deals in goods of that kind under a name other than the name of the person making delivery;

(B)is not an auctioneer; and

(C)is not generally known by its creditors to be substantially engaged in selling the goods of others;

(ii)with respect to each delivery, the aggregate value of the goods is $1,000 or more at the time of delivery;

(iii)the goods are not consumer goods immediately before delivery; and

(iv)the transaction does not create a security interest that secures an obligation. See Montana Code 30-9A-102
Consignor: means a person that delivers goods to a consignee in a consignment. See Montana Code 30-9A-102
Consignor: means the person named in a bill of lading as the person from which the goods have been received for shipment. See Montana Code 30-7-102
Construction contract: means a written agreement between an owner and a contractor for the contractor to construct or improve or to provide construction management for the construction or improvement of an improvement to real property. See Montana Code 28-2-2101
Consumer debtor: means a debtor in a consumer transaction. See Montana Code 30-9A-102
Consumer goods: means goods that are used or bought for use primarily for personal, family, or household purposes. See Montana Code 30-9A-102
Consumer lease: means a lease that a lessor regularly engaged in the business of leasing or selling makes to a lessee who is an individual and who takes under the lease primarily for a personal, family, or household purpose if the total payments to be made under the lease contract, excluding payments for options to renew or buy, do not exceed $25,000. See Montana Code 30-2A-103
Consumer obligor: means an obligor who is an individual and who incurred the obligation as part of a transaction entered into primarily for personal, family, or household purposes. See Montana Code 30-9A-102
Consumer transaction: means a transaction to the extent that:

(i)an individual incurs an obligation primarily for personal, family, or household purposes;

(ii)a security interest secures the obligation; and

(iii)the collateral is held or acquired primarily for personal, family, or household purposes. See Montana Code 30-9A-102
Consumer-goods transaction: means a transaction to the extent that:

(i)an individual incurs an obligation primarily for personal, family, or household purposes; and

(ii)a security interest in consumer goods or in consumer goods and software that is used, licensed, or bought for use primarily for personal, family, or household purposes secures the obligation. See Montana Code 30-9A-102
Continuance: Putting off of a hearing ot trial until a later time.
Continuation statement: means an amendment of a financing statement that:

(i)identifies, by its file number, the initial financing statement to which it relates; and

(ii)indicates that it is a continuation statement for, or that it is filed to continue the effectiveness of, the identified financing statement. See Montana Code 30-9A-102
Contract: A legal written agreement that becomes binding when signed.
Contract for sale: includes both a present sale of goods and a contract to sell goods at a future time. See Montana Code 30-2-106
Contractor: means a person who has signed a construction contract with an owner. See Montana Code 28-2-2101
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.
Costs: means the overall costs that the department may incur to provide digital government services, including the costs of contracts entered into with private entities to assist in providing digital government services. See Montana Code 2-17-1102
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.
Debtor: means :

(i)a person having a property interest, other than a security interest or other lien, in the collateral, whether or not the person is an obligor;

(ii)a seller of accounts, chattel paper, payment intangibles, or promissory notes; or

(iii)a consignee. See Montana Code 30-9A-102
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.
Delivery order: means a record that contains an order to deliver goods directed to a warehouse, carrier, or other person that in the ordinary course of business issues warehouse receipts or bills of lading. See Montana Code 30-7-102
Department: means the department of administration provided for in 2-15-1001. See Montana Code 2-17-1102
Department: means the office of the securities commissioner established in 2-15-1901. See Montana Code 30-10-1003
Dependent: A person dependent for support upon another.
Deposit account: means a demand, time, savings, passbook, or similar account maintained with a bank. See Montana Code 30-9A-102
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:
Document: means a document of title or a receipt of the type described in 30-7-201(2). See Montana Code 30-9A-102
Drawee: means a person ordered in a draft to make payment. See Montana Code 30-3-102
Drawer: means a person that signs a draft as a person ordering payment. See Montana Code 30-3-102
Electronic chattel paper: means chattel paper evidenced by a record or records consisting of information stored in an electronic medium. See Montana Code 30-9A-102
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.
Equipment: means goods other than inventory, farm products, or consumer goods. See Montana Code 30-9A-102
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}
Escrow: Money given to a third party to be held for payment until certain conditions are met.
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 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
Executor: A male person named in a will to carry out the decedent
Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
Farm products: means goods, other than standing timber, with respect to which the debtor is engaged in a farming operation and that are:

(i)crops grown, growing, or to be grown, including:

(A)crops produced on trees, vines, and bushes; and

(B)aquatic goods produced in aquacultural operations;

(ii)livestock, born or unborn, including aquatic goods produced in aquacultural operations;

(iii)supplies used or produced in a farming operation; or

(iv)products of crops or livestock in their unmanufactured states. See Montana Code 30-9A-102
Farming operation: means raising, cultivating, propagating, fattening, grazing, or any other farming, livestock, or aquacultural operation. See Montana Code 30-9A-102
Fault: means wrongful act, omission, breach, or default. See Montana Code 30-2A-103
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 simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
Fiduciary: A trustee, executor, or administrator.
File number: means the number assigned to an initial financing statement pursuant to 30-9A-519(1). See Montana Code 30-9A-102
Filing office: means an office designated in 30-9A-501 as the place to file a financing statement. See Montana Code 30-9A-102
Filing-office rule: means a rule adopted pursuant to 30-9A-526. See Montana Code 30-9A-102
Final order: means a final order issued by the commissioner or a final order in a legal action initiated by the commissioner. See Montana Code 30-10-1003
Finance lease: means a lease with respect to which:

(i)the lessor does not select, manufacture, or supply the goods;

(ii)the lessor acquires the goods or the right to possession and use of the goods in connection with the lease; and

(iii)one of the following occurs:

(A)the lessee receives a copy of the contract by which the lessor acquired the goods or the right to possession and use of the goods before signing the lease contract;

(B)the lessee's approval of the contract by which the lessor acquired the goods or the right to possession and use of the goods is a condition to effectiveness of the lease contract;

(C)the lessee, before signing the lease contract, receives an accurate and complete statement designating the promises and warranties, and any disclaimers of warranties, limitations or modifications of remedies, or liquidated damages, including those of a third party, such as the manufacturer of the goods, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods; or

(D)if the lease is not a consumer lease, the lessor, before the lessee signs the lease contract, informs the lessee in writing:

(I)of the identity of the person supplying the goods to the lessor, unless the lessee has selected that person and directed the lessor to acquire the goods or the right to possession and use of the goods from that person;

(II)that the lessee is entitled under this chapter to the promises and warranties, including those of any third party, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods; and

(III)that the lessee may communicate with the person supplying the goods to the lessor and receive an accurate and complete statement of those promises and warranties, including any disclaimers and limitations of them or of remedies. See Montana Code 30-2A-103
Financial institution: means a bank as defined in 32-1-102 or other regulated lender as defined in 31-1-111(1) and (2). See Montana Code 2-17-1202
Financing statement: means a record or records composed of an initial financing statement and any filed record relating to the initial financing statement. See Montana Code 30-9A-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.
Fixture filing: means the filing of a financing statement covering goods that are or are to become fixtures and satisfying the requirements of 30-9A-502(1) and (2). See Montana Code 30-9A-102
Fixtures: means goods that have become so related to particular real property that an interest in them arises under real property law. See Montana Code 30-9A-102
Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
Fraud: Intentional deception resulting in injury to another.
Fund: means the securities restitution assistance fund created by 30-10-1004. See Montana Code 30-10-1003
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
General intangible: means any personal property, including things in action, other than accounts, chattel paper, commercial tort claims, deposit accounts, documents, goods, instruments, investment property, letter-of-credit rights, letters of credit, money, and oil, gas, or other minerals before extraction. See Montana Code 30-9A-102
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Good faith: means honesty in fact and the observance of reasonable commercial standards of fair dealing. See Montana Code 30-9A-102
Good faith: means honesty in fact and the observance of reasonable commercial standards of fair dealing. See Montana Code 30-3-102
Good faith: means honesty in fact and the observance of reasonable commercial standards of fair dealing. See Montana Code 30-7-102
Goods: means all things that are movable when a security interest attaches. See Montana Code 30-9A-102
Goods: means all things that are movable at the time of identification to the lease contract, or are fixtures (30-2A-309), but the term does not include money, documents, instruments, accounts, chattel paper, general intangibles, or minerals or the like, including oil and gas, before extraction. See Montana Code 30-2A-103
Goods: means all things that are treated as movable for the purposes of a contract for storage or transportation. See Montana Code 30-7-102
Governmental unit: means a subdivision, agency, department, county, parish, municipality, or other unit of the government of the United States, a state, or a foreign country. See Montana Code 30-9A-102
Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
Grantor: The person who establishes a trust and places property into it.
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.
Health-care-insurance receivable: means an interest in or claim under a policy of insurance that is a right to payment of a monetary obligation for health care goods or services provided. See Montana Code 30-9A-102
Improve: means to build, alter, demolish, repair, construct, expand, cover, excavate, grade, fill, clear, plant, landscape, or furnish material or labor, or both for an improvement. See Montana Code 28-2-2101
Improvement: means all or a part of a residential or commercial building, structure, area of real property, quantity of earth or fill material, tree or shrubbery, driveway, roadway, or parking area. See Montana Code 28-2-2101
Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
Individual: means a human being. See Montana Code 2-6-1501
Infrastructure: means the underlying technology necessary to provide digital government services. See Montana Code 2-17-1102
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
Installment lease contract: means a lease contract that authorizes or requires the delivery of goods in separate lots to be separately accepted, even though the lease contract contains a clause "each delivery is a separate lease" or its equivalent. See Montana Code 30-2A-103
Instrument: means :

(A)a negotiable instrument; or

(B)any other writing that evidences a right to the payment of a monetary obligation, is not itself a security agreement or lease, and is of a type that in the ordinary course of business is transferred by delivery with any necessary indorsement or assignment. See Montana Code 30-9A-102
Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
Inter vivos: Transfer of property from one living person to another living person.
Interest 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}
Internet services provider: means a person or an entity that provides a service, available to the public, that enables the person's or entity's customers to access the internet, purchase internet server or file-hosting services, colocate internet equipment, or use data transmission over the internet for a fee. See Montana Code 2-17-602
Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
Inventory: means goods, other than farm products, that:

(i)are leased by a person as lessor;

(ii)are held by a person for sale or lease or to be furnished under contracts of service;

(iii)are furnished by a person under a contract of service; or

(iv)consist of raw materials, work in process, or materials used or consumed in a business. See Montana Code 30-9A-102
Investment property: means a security, whether certificated or uncertificated, security entitlement, securities account, commodity contract, or commodity account. See Montana Code 30-9A-102
Issuer: means a bailee that issues a document of title or, in the case of an unaccepted delivery order, the person that orders the possessor of goods to deliver. See Montana Code 30-7-102
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.
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: means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. See Montana Code 30-2A-103
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}
Lease agreement: means the bargain, with respect to the lease, of the lessor and the lessee in fact as found in their language or by implication from other circumstances, including course of dealing or usage of trade or course of performance as provided in this chapter. See Montana Code 30-2A-103
Lease contract: means the total legal obligation that results from the lease agreement as affected by this chapter and any other applicable rules of law. See Montana Code 30-2A-103
Leasehold interest: means the interest of the lessor or the lessee under a lease contract. See Montana Code 30-2A-103
Legal tender: coins, dollar bills, or other currency issued by a government as official money. ^{Source: U.S. Mint}
Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
Lessee: means a person who acquires the right to possession and use of goods under a lease. See Montana Code 30-2A-103
Lessor: means a person who transfers the right to possession and use of goods under a lease. See Montana Code 30-2A-103
Letter-of-credit right: means a right to payment and performance under a letter of credit, whether or not the beneficiary has demanded or is at the time entitled to demand payment or performance. See Montana Code 30-9A-102
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.
Lien: means a charge against or interest in goods to secure payment of a debt or performance of an obligation, but the term does not include a security interest. See Montana Code 30-2A-103
Lien creditor: means :

(i)a creditor that has acquired a lien on the property involved by attachment, levy, or the like;

(ii)an assignee for benefit of creditors from the time of assignment;

(iii)a trustee in bankruptcy from the date of the filing of the petition; and

(iv)a receiver in equity from the time of appointment. See Montana Code 30-9A-102
Lineal descendant: Direct descendant of the same ancestors.
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Living trust: means either an irrevocable or a revocable inter vivos trust. See Montana Code 30-10-903
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
Lot: means a parcel or a single article that is the subject matter of a separate lease or delivery, whether or not it is sufficient to perform the lease contract. See Montana Code 30-2A-103
Maker: means a person that signs a note as promisor of payment. See Montana Code 30-3-102
Manufactured home: means a structure, transportable in one or more sections, that in the traveling mode is 8 body feet or more in width or 40 body feet or more in length or that when erected on site is 320 or more square feet and that is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air-conditioning, and electrical systems contained therein. See Montana Code 30-9A-102
Manufactured-home transaction: means a secured transaction:

(i)that creates a purchase-money security interest in a manufactured home, other than a manufactured home held as inventory; or

(ii)in which a manufactured home, other than a manufactured home held as inventory, is the primary collateral. See Montana Code 30-9A-102
mental disorder: means any organic, mental, or emotional impairment that has substantial adverse effects on an individual's cognitive or volitional functions. See Montana Code 30-10-1003
merchandise: shall mean any personal property capable of manual delivery displayed, held, or offered for sale by a merchant. See Montana Code 30-11-301
merchant: as used in this part shall mean an owner or operator and the agent, consignee, employee, lessee, or officer of an owner or operator of any merchant's premises. See Montana Code 30-11-301
Merchant lessee: means a lessee that is a merchant with respect to goods of the kind subject to the lease. See Montana Code 30-2A-103
Minority leader: See Floor Leaders
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
monetary obligation: means a monetary obligation secured by the goods or owed under a lease of the goods and includes a monetary obligation with respect to software used in the goods. See Montana Code 30-9A-102
Monetary sanction: means any money, including penalties, disgorgement, and interest ordered to be paid as a result of an administrative or judicial action. See Montana Code 30-10-1103
Mortgage: means a consensual interest in real property, including fixtures, that is created by a mortgage, trust deed, or similar transaction. See Montana Code 30-9A-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.
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}
New debtor: means a person that becomes bound as debtor under 30-9A-203(4) by a security agreement previously entered into by another person. See Montana Code 30-9A-102
New value: means :

(A)money;

(B)money's worth in property, services, or new credit; or

(C)release by a transferee of an interest in property previously transferred to the transferee. See Montana Code 30-9A-102
Noncash proceeds: means proceeds other than cash proceeds. See Montana Code 30-9A-102
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.
Obligor: means a person that, with respect to an obligation secured by a security interest in or an agricultural lien on the collateral:

(A)owes payment or other performance of the obligation;

(B)has provided property other than the collateral to secure payment or other performance of the obligation; or

(C)is otherwise accountable in whole or in part for payment or other performance of the obligation. See Montana Code 30-9A-102
offer to sell: includes an attempt or offer to dispose of a living trust for value or a solicitation of an offer to buy a living trust for value. See Montana Code 30-10-903
Order: means a written instruction to pay money signed by the person giving the instruction. See Montana Code 30-3-102
Original information: means information that is:

(a)derived from the independent knowledge or analysis of a whistleblower;

(b)not already known to the commissioner from any other source, unless the whistleblower is the original source of the information;

(c)not exclusively derived from an allegation made in an administrative or judicial hearing, in a governmental report, hearing, audit, or investigation, or from the news media, unless the whistleblower is the source of the information; and

(d)provided to the commissioner for the first time after March 24, 2021. See Montana Code 30-10-1103
Oversight: Committee review of the activities of a Federal agency or program.
Owner: means a governmental entity or private entity that has a legal interest in the real property improved or to be improved by the performance of the construction contract. See Montana Code 28-2-2101
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.
Party: means party to an instrument. See Montana Code 30-3-102
Payment intangible: means a general intangible under which the account debtor's principal obligation is a monetary obligation. See Montana Code 30-9A-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: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
Person: means an individual, corporation, partnership, association, joint-stock company, or unincorporated organization. See Montana Code 30-10-903
Person entitled under a document: means the holder, in the case of a negotiable document of title, or the person to which delivery of the goods is to be made by the terms of, or pursuant to instructions in a record under, a nonnegotiable document of title. See Montana Code 30-7-102
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: 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
Physical branch: means a physical location of a financial institution that accepts deposits from Montana citizens and businesses. See Montana Code 2-17-1202
Plaintiff: The person who files the complaint in a civil lawsuit.
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: has the meaning provided for in 2-9-101. See Montana Code 2-17-602
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.
premises: shall mean any establishment or part thereof wherein merchandise is displayed, held, or offered for sale. See Montana Code 30-11-301
present sale: means a sale which is accomplished by the making of the contract. See Montana Code 30-2-106
Present value: means the amount as of a date certain of one or more sums payable in the future, discounted to the date certain. See Montana Code 30-2A-103
Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
Printing: means the act of reproducing a design on a surface by any process. See Montana Code 1-1-203
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
Promise: means a written undertaking to pay money signed by the person undertaking to pay. See Montana Code 30-3-102
Promissory note: means an instrument that:

(i)evidences a promise to pay a monetary obligation;

(ii)does not evidence an order to pay; and

(iii)does not contain an acknowledgment by a bank that the bank has received for deposit a sum of money or funds. See Montana Code 30-9A-102
Property: means real and personal property. See Montana Code 1-1-205
Proposal: means a record authenticated by a secured party and including the terms on which the secured party is willing to accept collateral in full or partial satisfaction of the obligation it secures pursuant to 30-9A-620 through 30-9A-622. See Montana Code 30-9A-102
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
Public agency: means a department, commission, council, board, bureau, committee, institution, agency, government corporation, or other entity, instrumentality, or official of the legislative, executive, or judicial branch of this state, including the board of regents and the Montana university system. See Montana Code 2-17-1202
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 organic record: means a record that is available to the public for inspection and is:

(i)a record consisting of the record initially filed with or issued by a state or the United States to form or organize an organization and any record filed with or issued by the state or the United States which amends or restates the initial record;

(ii)an organic record of a business trust consisting of the record initially filed with a state and any record filed with the state which amends or restates the initial record, if a statute of the state governing business trusts requires that the record be filed with the state; or

(iii)a record consisting of legislation enacted by the legislature of a state or the congress of the United States which forms or organizes an organization, any record amending the legislation, and any record filed with or issued by the state or the United States which amends or restates the name of the organization. See Montana Code 30-9A-102
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-finance transaction: means a secured transaction in connection with which:

(i)bonds, debentures, certificates of participation, or similar debt securities are issued;

(ii)all or a portion of the securities issued have an initial stated maturity of at least 20 years; and

(iii)the debtor, the obligor, the secured party, the account debtor or other person obligated on collateral, the assignor or assignee of a secured obligation, or the assignor or assignee of a security interest is a state or a governmental unit of a state. See Montana Code 30-9A-102
Purchase: includes taking by sale, lease, mortgage, security interest, pledge, gift, or any other voluntary transaction creating an interest in goods. See Montana Code 30-2A-103
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
receive: means actual receipt. See Montana Code 28-2-2101
Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Montana Code 30-7-102
record owner: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Montana Code 30-9A-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}
Registered organization: means an organization formed or organized solely under the law of one state or the United States by the filing of a public organic record with, the issuance of a public organic record by, or the enactment of legislation by the state or the United States. See Montana Code 30-9A-102
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.
Remitter: means a person that purchases an instrument from its issuer if the instrument is payable to an identified person other than the purchaser. See Montana Code 30-3-102
Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
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.
Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). ^{Source: OCC}
Sale: includes each contract of sale, contract to sell, or disposition of a living trust for value. See Montana Code 30-10-903
Secondary obligor: means an obligor to the extent that:

(i)the obligor's obligation is secondary; or

(ii)the obligor has a right of recourse with respect to an obligation secured by collateral against the debtor, another obligor, or property of either. See Montana Code 30-9A-102
Secured party: means :

(i)a person in whose favor a security interest is created or provided for under a security agreement, whether or not any obligation to be secured is outstanding;

(ii)a person that holds an agricultural lien;

(iii)a consignor;

(iv)a person to which accounts, chattel paper, payment intangibles, or promissory notes have been sold;

(v)a trustee, indenture trustee, agent, collateral agent, or other representative in whose favor a security interest or agricultural lien is created or provided for; or

(vi)a person that holds a security interest arising under 30-2-401, 30-2-505, 30-2-711(3), 30-2A-508(5), 30-4-208, or 30-5-118. See Montana Code 30-9A-102
Security agreement: means an agreement that creates or provides for a security interest. See Montana Code 30-9A-102
Security incident: means an occurrence that:

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

(b)constitutes a violation or imminent threat of violation of security policies, security procedures, or acceptable use policies. See Montana Code 2-6-1501
Seller: means a person who sells or contracts to sell goods. See Montana Code 30-2-103
Service of process: The service of writs or summonses to the appropriate party.
settle: means to pay in cash, by clearinghouse settlement, in a charge or credit or by remittance, or otherwise as agreed. See Montana Code 30-4-104
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
Shipper: means a person that enters into a contract of transportation with a carrier. See Montana Code 30-7-102
Software: means a computer program, any informational content included in the program, and any supporting information provided in connection with a transaction relating to the computer program or informational content. See Montana Code 30-9A-102
State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Montana Code 30-9A-102
State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
State agency: means an agency, authority, board, bureau, college, commission, committee, council, department, hospital, institution, office, university, or other instrumentality of the legislative or executive branch of state government. See Montana Code 2-6-1501
State building construction loan: means a loan from a financial institution to a public agency to finance construction of one or more buildings of the public agency, obtained pursuant to the terms and conditions of this part. See Montana Code 2-17-1202
State records committee: means the state records committee provided for in 2-6-1107. See Montana Code 2-6-1002
Statute: A law passed by a legislature.
Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
Subcontract: means a contract between a contractor and a subcontractor or between a subcontractor and another subcontractor, the purpose of which is the performance of all or a part of the construction contract. See Montana Code 28-2-2101
Subcontractor: means a person who has contracted with a contractor or another subcontractor for the purposes of performance of all or a part of a subcontract. See Montana Code 28-2-2101
Sublease: means a lease of goods the right to possession and use of which was acquired by the lessor as a lessee under an existing lease. See Montana Code 30-2A-103
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.
Supplier: means a person from whom a lessor buys or leases goods to be leased under a finance lease. See Montana Code 30-2A-103
Supply contract: means a contract under which a lessor buys or leases goods to be leased. See Montana Code 30-2A-103
Supporting obligation: means a letter-of-credit right or secondary obligation that supports the payment or performance of an account, chattel paper, document, general intangible, instrument, or investment property. See Montana Code 30-9A-102
Tangible chattel paper: means chattel paper evidenced by a record or records consisting of information that is inscribed on a tangible medium. See Montana Code 30-9A-102
Termination statement: means an amendment of a financing statement that:

(i)identifies, by its file number, the initial financing statement to which it relates; and

(ii)indicates either that it is a termination statement or that the identified financing statement is no longer effective. See Montana Code 30-9A-102
Testator: A male person who leaves a will at death.
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Third party: means :

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

(b)a state agency with a contractual or other obligation to perform a function for another state agency. See Montana Code 2-6-1501
Third persons: means all persons who are not parties to the obligation or transaction concerning which the phrase is used. See Montana Code 1-1-206
Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
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.
Transmitting utility: means a person primarily engaged in the business of:

(i)operating a railroad, subway, street railway, or trolley bus;

(ii)transmitting electric or electronic communications;

(iii)transmitting goods by pipeline or sewer; or

(iv)transmitting or producing and transmitting electricity, steam, gas, or water. See Montana Code 30-9A-102
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Trustee: A person or institution holding and administering property in trust.
Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
Usage: means a reasonable and lawful public custom concerning transactions of the same nature as those which are to be affected thereby, existing at the place where the obligation is to be performed, and either known to the parties or so well established, general, and uniform that the parties must be presumed to have acted with reference thereto. See Montana Code 1-1-206
Usual: means according to usage. See Montana Code 1-1-206
Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
Venue: The geographical location in which a case is tried.
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
Victim: means a person who was awarded restitution in a final order. See Montana Code 30-10-1003
Vulnerable person: means :

(a)a person who is at least 60 years of age;

(b)a person who suffers from mental impairment because of frailties or dependencies typically related to advanced age, such as dementia or memory loss;

(c)a person who has a developmental disability as defined in 53-20-102; or

(d)a person with a mental disorder. See Montana Code 30-10-1003
Warehouse: means a person engaged in the business of storing goods for hire. See Montana Code 30-7-102
Whistleblower: means an individual who, alone or jointly with others, provides the state or other law enforcement agency with information pursuant to the provisions set forth in this part, and the information relates to a possible violation of state or federal securities laws, including any rules or regulations thereunder, that has occurred, is ongoing, or is about to occur. See Montana Code 30-10-1103
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: A formal written command, issued from the court, requiring the performance of a specific act.
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
Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
Writing: includes printing. See Montana Code 1-1-203