Terms Used In Montana Code > Title 2 > Chapter 7 > Part 5 - Audits of Political Subdivisions

• account: means an account established with an account administrator in this state pursuant to 15-61-201. See Montana Code 15-61-102
• Account: means an individual account established under this chapter. See Montana Code 15-62-103
• Account administrator: means :

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

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

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

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

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

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

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

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

• Account holder: means an individual who is a resident of this state and who establishes a medical care savings account or for whose benefit the account is established. See Montana Code 15-61-102
• Account owner: means the person who enters into a participation agreement and establishes an account on behalf of a designated beneficiary. See Montana Code 15-62-103
• 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.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• 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}
• Board: means the board of regents of higher education established by Article X, section 9, subsection (2), of the Montana constitution and 2-15-1505. See Montana Code 15-62-103
• Call-by-call basis: means any method of charging for telecommunications services that measures the price by individual calls. See Montana Code 15-53-129
• Charges for mobile telecommunications services: means any charge for, or associated with, the provision of commercial mobile radio service, as defined in 47 C. See Montana Code 15-53-129
• Committee: means the family education savings program oversight committee established in 20-25-901. See Montana Code 15-62-103
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Consumer price index: means the consumer price index, United States city average, for all items, for all urban consumers, as published by the bureau of labor statistics of the United States department of labor. See Montana Code 15-61-102
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Contributor: means a person who makes a contribution to an account for the benefit of a designated beneficiary. See Montana Code 15-62-103
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the department of revenue as provided in 2-15-1301. See Montana Code 15-50-101
• Dependent: A person dependent for support upon another.
• Dependent: means the spouse of the employee or account holder or a child of the employee or account holder if the child is:

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

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

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

• Designated beneficiary: means , with respect to an account, the person designated at the time that the account is opened as the person whose education expenses are expected to be paid from the account or if this person is replaced in accordance with 15-62-202, the individual replacing the former designated beneficiary. See Montana Code 15-62-103
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Education expense: means expenses for tuition, fees, books, supplies, equipment required for an education program, principal or interest on any qualified education loan, and any other typical education expense associated with an education program up to the maximum amount allowable under section 529 of the Internal Revenue Code, 26 U. See Montana Code 15-62-103
• Eligible medical expense: means :

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

• Employee: means an employed individual for whose benefit or for the benefit of whose dependents a medical care savings account is established. See Montana Code 15-61-102
• 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.
• Fiduciary: A trustee, executor, or administrator.
• Financial institution: means any bank, commercial bank, national bank, savings bank, savings and loan association, credit union, insurance company, trust company, investment company, or other similar entity that is authorized to do business in this state. See Montana Code 15-62-103
• 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.
• Fraud: Intentional deception resulting in injury to another.
• Gross receipts: means all receipts from sources within the state, whether in the form of money, credits, or other valuable consideration, received from, engaging in, or conducting a business, without deduction on account of the cost of the property sold, the cost of the materials used, labor or service cost, interest paid, taxes, losses, or any other expense whatsoever. See Montana Code 15-50-101
• Higher education institution: means an eligible educational institution as defined in section 529 of the Internal Revenue Code, 26 U. See Montana Code 15-62-103
• Home service provider: means the facilities-based carrier or reseller that the customer contracts with for the provision of mobile telecommunications services. See Montana Code 15-53-129
• Immediate family member: means a parent, spouse, or child. See Montana Code 15-61-102
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Investment products: means , without limitation, certificates of deposit, savings accounts paying fixed or variable interest, financial instruments, one or more mutual funds, and a mix of mutual funds. See Montana Code 15-62-103
• 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}
• 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.
• Majority leader: see Floor Leaders
• Majority leader: means the leader of the majority party, elected by the caucus as provided in 5-2-221. See Montana Code 1-1-208
• Member of the family: means , with respect to a designated beneficiary, a member of the family of the designated beneficiary as defined in section 529 of the Internal Revenue Code, 26 U. See Montana Code 15-62-103
• 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
• Mobile telecommunications services: means commercial mobile radio service, as defined in 47 C. See Montana Code 15-53-129
• 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}
• Nonqualified withdrawal: means a withdrawal from an account that is not:

  (a)a qualified withdrawal;

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

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

• 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.
• Oversight: Committee review of the activities of a Federal agency or program.
• Participation agreement: means an agreement between the board, as trustee and as administrator of the program, and the account owner that creates a trust interest in the trust and provides for participation in the program. See Montana Code 15-62-103
• 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
• Place of primary use: means the street address for the premises where the customer's use of telecommunications services primarily occurs, which must be the residential street address or the primary business street address of the customer. See Montana Code 15-53-129
• Postpaid calling basis: means that telecommunications services are obtained by making a payment on a call-by-call basis, either through the use of a card or payment mechanism, such as a bank card, travel card, credit card, or debit card, or by a charge made to a telephone number that is not associated with the origination or termination of the telecommunications service. See Montana Code 15-53-129
• Private communications service: means a telecommunications service that entitles the customer to exclusive or priority use of a communications channel or group of channels between or among termination points, regardless of the manner in which the channel or channels are connected, and includes switching capacity, extension lines, stations, and other associated services that are provided in connection with the use of the channel or channels. See Montana Code 15-53-129
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Program: means the family education savings program established pursuant to 15-62-201. See Montana Code 15-62-103
• Property: means real and personal property. See Montana Code 1-1-205
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public contractor: means any person who submits a proposal to perform or enters into a contract for performing public construction work in the state with the federal government or state of Montana; with any board, commission, or department of the state; with any board of county commissioners, any city or town council, or any agency of any of them; or with any other public board, body, commission, or agency authorized to let or award contracts for any public work when the contract cost, value, or price exceeds the sum of $80,000. See Montana Code 15-50-101
• purchaser: means , except as provided in subsection (3)(b), a person who acquires for consideration retail telecommunications services for use or consumption and not for resale. See Montana Code 15-53-129
• Qualified education expenses: means any education expense permitted by section 529 of the Internal Revenue Code, 26 U. See Montana Code 15-62-103
• Qualified tuition program: means a qualified tuition program as defined in section 529 of the Internal Revenue Code, 26 U. See Montana Code 15-62-103
• Qualified withdrawal: means a withdrawal from an account to pay the qualified education expenses of the designated beneficiary of the account. See Montana Code 15-62-103
• Reseller: means a provider who purchases mobile telecommunications services from another telecommunications services provider and then resells, uses as a component part of, or integrates the purchased services into a mobile telecommunications service. See Montana Code 15-53-129
• Retail telecommunications: means , except as provided in subsection (10)(b), the two-way transmission of voice, image, data, or other information over wire, cable, fiber optics, microwave, radio, satellite, or similar facilities that originates or terminates in this state and is charged to a customer with a Montana service address. See Montana Code 15-53-129
• Sales price: means the consideration paid for the distribution, supply, furnishing, sale, transmission, or delivery of retail telecommunications services to the end-user customer. See Montana Code 15-53-129
• Service address: means , except as provided in subsection (12)(b):

  (i)the location of the telecommunications equipment to which a customer's call is charged and from which the call originates or terminates, regardless of the location to which the bill for the call is sent or the location from which the payment of the bill is received;

  (ii)if the location in subsection (12)(a)(i) is not known, the origination point of the signal of the telecommunications service first identified by either the seller's telecommunications system or, if the system used to transport the signal is not that of the seller, in information received by the seller from its service provider; or

  (iii)if the location in subsection (12)(a)(i) or (12)(a)(ii) is not known, the location of the customer's place of primary use. See Montana Code 15-53-129

• Serving carrier: means a facilities-based carrier providing mobile telecommunications services to a customer outside a home service provider's or reseller's licensed service area. See Montana Code 15-53-129
• Several: means two or more. See Montana Code 1-1-201
• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
• 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.
• Telecommunications services provider: means a person providing retail telecommunications services. See Montana Code 15-53-129
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trust: means the family education savings trust established by 15-62-301. See Montana Code 15-62-103
• Trust interest: means an account owner's interest in the trust created by a participation agreement and held for the benefit of a designated beneficiary. See Montana Code 15-62-103
• Trustee: means the board in its capacity as trustee of the trust. See Montana Code 15-62-103
• Trustee: A person or institution holding and administering property in trust.
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• Writing: includes printing. See Montana Code 1-1-203