Sections
Part 1 Periodic Agency Evaluation § 2-8-101 – § 2-8-122
Part 3 Privatization Plan Review § 2-8-301 – § 2-8-304
Part 4 Procedure for Creating New Professional or Occupational Boards — Review of Existing Boards § 2-8-401 – § 2-8-405
Part 5 Creation of New Workers’ Compensation Exemption § 2-8-501

Terms Used In Montana Code > Title 2 > Chapter 8 - Legislative Review

  • account: means an account established with an account administrator in this state pursuant to 15-63-201. See Montana Code 15-63-102
  • Account administrator: means :

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

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

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

  • Account holder: means an individual who is a resident of this state and who establishes, individually or jointly, a first-time home buyer savings account. See Montana Code 15-63-102
  • Adult-use dispensary: has the meaning provided in 16-12-102. See Montana Code 15-64-101
  • Agency: means an office, position, commission, committee, board, department, council, division, bureau, section, or any other entity or instrumentality of the executive department of state government. See Montana Code 2-8-102
  • Agency: means an office, position, commission, committee, board, department, council, division, bureau, section, or any other entity or instrumentality of the executive, legislative, or judicial branch of state government. See Montana Code 2-8-301
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • 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.
  • 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
  • Calendar quarter: means the period of 3 consecutive months ending March 31, June 30, September 30, or December 31. See Montana Code 15-67-101
  • Charging station: means equipment with a rated capacity greater than 25 kilowatts that is not installed at a residence or owned by an association of real property owners including a homeowners' association as defined in 70-17-901 that transfers electric current to the power system of an electric vehicle and the real property in which the equipment is affixed, and includes public charging stations and public legacy charging stations. See Montana Code 15-70-801
  • Contract: A legal written agreement that becomes binding when signed.
  • 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.
  • 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.
  • Department: means the department of revenue established in 2-15-1301. See Montana Code 15-67-101
  • Department: means the department of transportation as provided for in 2-15-2501. See Montana Code 15-70-112
  • Department: means the department of revenue provided for in 2-15-1301. See Montana Code 15-64-101
  • Department: means the department of revenue provided for in 2-15-1301. See Montana Code 15-64-1001
  • Dependent: A person dependent for support upon another.
  • Dispensary: means an adult-use dispensary or a medical marijuana dispensary. See Montana Code 15-64-101
  • Distribution services provider: means a person controlling or operating distribution facilities for distribution of electricity to the public. See Montana Code 15-72-103
  • Eligible costs: means the downpayment and allowable closing costs for the purchase of a single-family residence in Montana by a first-time home buyer. See Montana Code 15-63-102
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • facility: means an intermediate care facility for the developmentally disabled licensed pursuant to 50-5-238 or an intermediate care facility for the intellectually disabled that is in compliance with the federal standards provided in 42 CFR, part 483, subpart I, for medicaid conditions of participation. See Montana Code 15-67-101
  • fee: means the fee required to be paid for each resident bed day in an intermediate care facility, as provided in 15-67-102. See Montana Code 15-67-101
  • Fiduciary: A trustee, executor, or administrator.
  • First-time home buyer: means an individual who has never owned or purchased under contract for deed, either individually or jointly, a single-family residence in Montana or out-of-state. See Montana Code 15-63-102
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • 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
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • 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.
  • Licensee: means a licensee operating an adult-use dispensary or a medical marijuana dispensary. See Montana Code 15-64-101
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Marijuana: has the meaning provided in 16-12-102. See Montana Code 15-64-101
  • Marijuana product: has the meaning provided in 16-12-102. See Montana Code 15-64-101
  • Markup: The process by which congressional committees and subcommittees debate, amend, and rewrite proposed legislation.
  • Medical marijuana dispensary: has the meaning provided in 16-12-102. See Montana Code 15-64-101
  • 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.
  • Opioid: has the meaning provided for "opiate" in 50-32-101. See Montana Code 15-64-1001
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Performance audit: means an examination of the effectiveness of administration and its efficiency and adequacy in terms of the program of a state agency authorized by law to be performed and the conformance of expenditures with legislative intent. See Montana Code 2-8-102
  • Person: means an individual, firm, partnership, corporation, association, company, committee, other group of persons, or other business entity, however formed. See Montana Code 15-64-101
  • Person: means an individual, firm, partnership, corporation, association, company, committee, other group of persons, or other business entity, however formed, who is a wholesaler licensed by the board of pharmacy and who is a distributor of opioids. See Montana Code 15-64-1001
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Person: means an individual, estate, trust, receiver, cooperative association, corporation, limited liability company, firm, partnership, joint venture, syndicate, or other entity, including any gas or electric utility owned or operated by a county, municipality, or other political subdivision of the state. See Montana Code 15-72-103
  • Private sector: means any entity or individual not principally a part of or associated with a governmental unit that is associated with or involved in commercial activity. See Montana Code 2-8-301
  • Privatize: means an agency contracting with the private sector to provide services that are currently or normally conducted directly by the employees of the state. See Montana Code 2-8-301
  • Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
  • Program: means any legislatively or administratively created function, project, or duty of an agency. See Montana Code 2-8-102
  • Program: means a legislatively or administratively created function, project, or duty of an agency. See Montana Code 2-8-301
  • Property: means real and personal property. See Montana Code 1-1-205
  • Public charging station: means a charging station that is a business using a metered system to deliver electric current to an electric vehicle and charges the customer either for the electricity transferred or for the duration of time during which the transfer of electricity takes place. See Montana Code 15-70-801
  • Public legacy charging station: means a public charging station operating before July 1, 2023, that has never had a metering system in place capable of measuring electricity transferred from the charging station to the vehicle or is incapable of measuring the time elapsed while actively charging a vehicle and placing a fee on the charging session. See Montana Code 15-70-801
  • Public utility: has the meaning as defined in 69-3-101. See Montana Code 15-70-801
  • purchaser: means a person who acquires for consideration electricity for use or consumption and not for resale. See Montana Code 15-72-103
  • Quarterly revenue: means all revenue received during a calendar quarter by a facility operating in Montana for providing for client care. See Montana Code 15-67-101
  • 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.
  • Report: means the report of resident bed days required in 15-67-201. See Montana Code 15-67-101
  • Resident: means an individual obtaining care in an intermediate care facility. See Montana Code 15-67-101
  • Resident bed day: means each 24-hour period that a resident in an intermediate care facility is present in the facility and receiving care or in which a bed is held for a resident while the resident is on temporary leave from the facility. See Montana Code 15-67-101
  • Retail price: means the established price for which an adult-use dispensary or medical marijuana dispensary sells marijuana or a marijuana product to a purchaser before any discount or reduction. See Montana Code 15-64-101
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Several: means two or more. See Montana Code 1-1-201
  • Single-family residence: means an owner-occupied residence in Montana, including a manufactured home, trailer, or mobile home, that is an improvement to real property or a condominium unit that is owned by or that has been purchased under contract for deed by a person, individually or jointly. See Montana Code 15-63-102
  • 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.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • 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
  • Transmission services provider: means a person or entity controlling or operating facilities used for the transmission of electricity. See Montana Code 15-72-103
  • United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Usual: means according to usage. See Montana Code 1-1-206
  • Writing: includes printing. See Montana Code 1-1-203