Montana Code > Title 2 > Chapter 9 – Liability Exposure and Insurance Coverage

		Sections
Part 1	Liability Exposure	§ 2-9-101 – § 2-9-114
Part 2	Comprehensive State Insurance Plan	§ 2-9-201 – § 2-9-220
Part 3	Claims and Actions	§ 2-9-301 – § 2-9-319
Part 5	General Provisions Related to Official Bonds	§ 2-9-501 – § 2-9-528
Part 6	Bonds of State Officers and Employees	§ 2-9-601 – § 2-9-604
Part 7	Bonds of County Officers and Employees	§ 2-9-701 – § 2-9-711
Part 8	Bonds of City Officers and Employees	§ 2-9-801 – § 2-9-805
Part 9	Limitations on Liability Relating to Covid-19	§ 2-9-901 – § 2-9-906

Terms Used In Montana Code > Title 2 > Chapter 9 - Liability Exposure and Insurance Coverage

Additional services: means different services or more of the same services. See Montana Code 17-7-102
Administrative costs: includes :

(a)personal services;

(b)operating expenses, such as travel, supplies, and communication costs; and

(c)capital expenses, such as equipment, building costs, and real property costs. See Montana Code 17-1-502
Adult-use dispensary: means a licensed premises from which a person licensed by the department may:

(a)obtain marijuana or marijuana products from a licensed cultivator, manufacturer, dispensary, or other licensee approved under this chapter; and

(b)sell marijuana or marijuana products to registered cardholders, adults that are 21 years of age or older, or both. See Montana Code 16-12-102
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
Affidavit: means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provided in 1-6-105. See Montana Code 1-1-203
Affiliate: means a person that directly, or indirectly through one or more intermediaries, controls or is controlled by, or is under common control with, another person. See Montana Code 16-12-102
Agency: means all offices, departments, boards, commissions, institutions, universities, colleges, and any other administrative units of state government. See Montana Code 17-1-104
Agency: means all offices, departments, boards, commissions, institutions, universities, colleges, and any other person or any other administrative unit of state government that spends or encumbers public money by virtue of an appropriation from the legislature under 17-8-101. See Montana Code 17-7-102
Agreement: shall mean contract and shall include renewals and alterations of a contract. See Montana Code 17-3-301
Agreement of distributorship: means a contract, agreement, commercial relationship, license, or other arrangement for a definite or an indefinite period of time between a supplier and a table wine distributor that provides for the sale of table wine by the supplier to the table wine distributor. See Montana Code 16-3-415
Allocation: means an allocation of a part of the state's volume cap to an issuer pursuant to this part. See Montana Code 17-5-1302
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.
Amortization: Paying off a loan by regular installments.
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.
Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
Appraisal: A determination of property value.
Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
Approving authority: means :

(a)the governor or the governor's designated representative for executive branch agencies;

(b)the chief justice of the supreme court or the chief justice's designated representative for judicial branch agencies;

(c)the speaker for the house of representatives;

(d)the president for the senate;

(e)appropriate legislative committees or a designated representative for legislative branch agencies; or

(f)the board of regents of higher education or its designated representative for the university system. See Montana Code 17-7-102
Approving authority: means :

(a)in the case of a state agency, the approving authority as defined in 17-7-102;

(b)in the case of a local government entity, the local government entity's governing body. See Montana Code 17-2-301
Arrest: Taking physical custody of a person by lawful authority.
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Authorized officer: means , with respect to any certificated public obligation:

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

(ii)an individual who may be permitted by an authorized officer, either alone or with the concurrence of another or others, to affix the individual's signature to the certificated public obligation and who is so permitted in writing by the authorized officer with any required concurrence. See Montana Code 17-5-1102
Balanced budget: A budget in which receipts equal outlays.
Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
Base budget: means the resources for the operation of state government that are of an ongoing and nonextraordinary nature in the current biennium. See Montana Code 17-7-102
Basic cost of cigarettes: means the list cost of cigarettes as reported to the department by the manufacturer without any deductions for discounts or taxes of any kind. See Montana Code 16-10-103
Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
Bequest: Property gifted by will.
Board: means the board of examiners. See Montana Code 17-5-1302
Board: means the board of investments created in 2-15-1808. See Montana Code 17-5-1503
Board: means the board of investments created in 2-15-1808. See Montana Code 17-5-1604
Board: means the board of investments created in 2-15-1808. See Montana Code 17-6-302
Board: means the board of examiners provided for in 2-15-1007. See Montana Code 17-5-801
Board: means the board of examiners created under 2-15-1007. See Montana Code 17-5-903
Bond: means any bond, note, debenture, interim certificate, or other evidence of financial indebtedness issued by the board pursuant to this part. See Montana Code 17-5-1503
Bond act: means an act approved by the vote of two-thirds of the members of each house of the legislature or by a majority of the electors voting thereon, authorizing the issuance of bonds for the purpose set forth therein and adopting this part by reference. See Montana Code 17-5-801
Bonds: means bonds, notes, or other interest-bearing obligations of an issuer. See Montana Code 17-5-1302
Bonds: means crossover refunding bonds. See Montana Code 17-5-2101
Bonds: include bonds, notes, warrants, debentures, certificates of indebtedness, temporary bonds, temporary notes, interim receipts, interim certificates, and all instruments or obligations evidencing or representing indebtedness, evidencing or representing the borrowing of money, or evidencing or representing a charge, lien, or encumbrance on specific revenues, special assessments, income, or property of a political subdivision, including all instruments or obligations payable from a special fund. See Montana Code 17-5-101
Bonds: includes bonds, notes, warrants, debentures, certificates of indebtedness, temporary bonds, temporary notes, interim receipts, interim certificates, and all instruments or obligations evidencing or representing indebtedness or evidencing or representing the borrowing of money or evidencing or representing a charge, lien, or encumbrance on specific revenues, income, or property of a public body, including all instruments or obligations payable from a special fund. See Montana Code 17-5-202
Bonds: means general obligation bonds, notes, or other evidences of indebtedness issued in accordance with the provisions of this part. See Montana Code 17-5-801
Bonds: means bonds, notes, or other evidences of indebtedness issued pursuant to this part as highway revenue bonds. See Montana Code 17-5-903
Brand family: means all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors, including but not limited to "menthol" "lights" "kings" and "100s" and includes any use of a brand name (alone or in conjunction with any other word), trademark, logo, symbol, motto, selling message, recognizable pattern of colors, or any other indicia of product identification identical or similar to or identifiable with a previously known brand of cigarettes. See Montana Code 16-11-502
Budget amendment: means a temporary appropriation as provided in Title 17, chapter 7, part 4. See Montana Code 17-7-102
Budget stabilization reserve: means the amount of unappropriated fund balance in the budget stabilization reserve fund up to 16% of all general revenue appropriations in the second year of the biennium. See Montana Code 17-7-102
Business: includes a corporation, partnership, sole proprietorship, trust or foundation, or any other individual or organization carrying on a business, whether or not operated for profit. See Montana Code 2-2-102
Canopy: means the total amount of square footage dedicated to live plant production at a licensed premises consisting of the area of the floor, platform, or means of support or suspension of the plant. See Montana Code 16-12-102
Cap bonds: means those private activity bonds and that portion of governmental bonds for which a part of the volume cap is required to be allocated pursuant to the tax act. See Montana Code 17-5-1302
Capital projects account: means a separate general obligation bond and note account created within the capital projects fund type established in 17-2-102. See Montana Code 17-5-801
cardholder: means a Montana resident with a debilitating medical condition who has received and maintains a valid registry identification card. See Montana Code 16-12-102
Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
Certificated public obligation: means an obligation that is:

(a)issued pursuant to a system of registration;

(b)represented by an instrument; and

(c)either one of a class or series or by its terms is divisible into a class or series of obligations. See Montana Code 17-5-1102
charge: means a fee, charge, levy, or other assessment that is established by state agency rule or local government entity ordinance and that is:

(i)charged by the state agency or local government entity to a user of a service provided by the state agency or local government entity;

(ii)charged by the state agency or local government entity in exchange for a license, permit, or other type of grant of authority by the state agency or local government entity; or

(iii)collected exclusively to provide promotional or marketing services to the person on whom the charge is levied and that is not assessed or collected pursuant to Title 15. See Montana Code 17-2-301
Cigarette: means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains:

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

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

(iii)any roll of tobacco wrapped in any substance containing tobacco that, because of its appearance or the type of tobacco used in the filler and regardless of its packaging and labeling, is likely to be offered to or purchased by consumers as a cigarette described in subsection (2)(a)(i). See Montana Code 16-11-102
Cigarette: means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains:

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

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

(iii)any roll of tobacco wrapped in any substance containing tobacco that, because of its appearance or the type of tobacco used in the filler and regardless of its packaging and labeling, is likely to be offered to or purchased by consumers as a cigarette described in subsection (2)(a)(i). See Montana Code 16-11-102
Cigarettes: means any roll for smoking made wholly or in part of tobacco, irrespective of size or shape and whether or not the tobacco is flavored, adulterated, or mixed with any other ingredient, the wrapper or cover of which is made of nontobacco paper or any other substance or material except tobacco. See Montana Code 16-10-103
Circumstantial evidence: All evidence except eyewitness testimony.
Clean and healthful environment: means an environment that is relatively free from pollution that threatens human health, including as a minimum, compliance with federal and state environmental and health standards. See Montana Code 17-6-302
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.
Coal-fired generating unit: means an individual unit of a coal-fired electrical generating facility located in Montana that has a generating capacity greater than or equal to 100 megawatts. See Montana Code 17-6-302
Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
Compensation: means any money or economic benefit conferred on or received by any person in return for services rendered or to be rendered by the person or another. See Montana Code 2-2-102
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Consumer: means a person 21 years of age or older who obtains or possesses marijuana or marijuana products for personal use from a licensed dispensary but not for resale. See Montana Code 16-12-102
Continuance: Putting off of a hearing ot trial until a later time.
Continuing and reliable source of revenue: means a revenue source for which an agency forecasts an annual level of collections based upon historical data and prepares a budget for expenditures commensurate with the level of collections. See Montana Code 17-1-502
Contraband: means :

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

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

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

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

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

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

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

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

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

(v)any cigarettes or tobacco products that violate 16-10-306. See Montana Code 16-11-102
Contract: A legal written agreement that becomes binding when signed.
Controlling beneficial owner: means a person that satisfies one or more of the following:

(a)is a natural person, an entity that is organized under the laws of and for which its principal place of business is located in one of the states or territories of the United States or District of Columbia, or a publicly traded corporation, and:

(i)acting alone or acting in concert, owns or acquires beneficial ownership of 5% or more of the owner's interest of a marijuana business;

(ii)is an affiliate that controls a marijuana business and includes, without limitation, any manager; or

(iii)is otherwise in a position to control the marijuana business; or

(b)is a qualified institutional investor acting alone or acting in concert that owns or acquires beneficial ownership of more than 15% of the owner's interest of a marijuana business. See Montana Code 16-12-102
Conviction: A judgement of guilt against a criminal defendant.
Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
cost to the retailer: means the cost to the wholesaler from whom the cigarettes were purchased by the retailer plus the cost of doing business by the retailer as evidenced by the standards and methods of accounting regularly employed by the retailer in the retailer's determination of costs for income tax reporting purposes for the total operation of the retailer's establishment. See Montana Code 16-10-103
cost to the wholesaler: means the basic cost of cigarettes purchased by the wholesaler from a manufacturer plus the cost of doing business by the wholesaler as evidenced by the standards and methods of accounting regularly employed by the wholesaler in the wholesaler's determination of costs for income tax reporting purposes for the total operation of the wholesaler's business. See Montana Code 16-10-103
Costs: includes those expenses related to acquiring land; planning, design, and construction of capital projects and of buildings as defined in 18-2-101; or any other administrative expenses of the department, including legal fees, incurred in the performance of its duties under Title 18, chapter 2. See Montana Code 17-5-801
Counterclaim: A claim that a defendant makes against a plaintiff.
Crossover date: means the date the proceeds of crossover refunding bonds are pledged to the payment of the obligations to be refunded. See Montana Code 17-5-2101
Cultivator: means a person licensed by the department to:

(a)plant, cultivate, grow, harvest, and dry marijuana; and

(b)package and relabel marijuana produced at the location in a natural or naturally dried form that has not been converted, concentrated, or compounded for sale through a licensed dispensary. See Montana Code 16-12-102
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.
Debilitating medical condition: means :

(a)cancer, glaucoma, positive status for human immunodeficiency virus, or acquired immune deficiency syndrome when the condition or disease results in symptoms that seriously and adversely affect the patient's health status;

(b)cachexia or wasting syndrome;

(c)severe chronic pain that is a persistent pain of severe intensity that significantly interferes with daily activities as documented by the patient's treating physician;

(d)intractable nausea or vomiting;

(e)epilepsy or an intractable seizure disorder;

(f)multiple sclerosis;

(g)Crohn's disease;

(h)painful peripheral neuropathy;

(i)a central nervous system disorder resulting in chronic, painful spasticity or muscle spasms;

(j)admittance into hospice care in accordance with rules adopted by the department; or

(k)posttraumatic stress disorder. See Montana Code 16-12-102
Debt service account: means a separate general obligation bond and note account created within the debt service fund type established in 17-2-102. See Montana Code 17-5-801
Decedent: A deceased person.
Dedicated revenue provision: means an administrative or legislative action that allocates the revenue from a tax, fee, assessment, or other source to an account in the state special revenue fund, as described in 17-2-102, or to a local government. See Montana Code 17-1-502
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 administration. See Montana Code 17-5-1302
Department: means the department of commerce provided for in 2-15-1801. See Montana Code 17-5-1503
Department: means the department of revenue provided for in 2-15-1301 and, when the meaning of the context requires, includes its employees. See Montana Code 16-10-103
Department: means the department of commerce created in 2-15-1801. See Montana Code 17-5-1604
Department: means the department of revenue provided for in 2-15-1301. See Montana Code 16-11-102
Department: means the department of commerce provided for in 2-15-1801. See Montana Code 17-6-302
Department: means the department of revenue provided for in 2-15-1301. See Montana Code 16-12-102
Department: means the department of revenue provided for in 2-15-1301. See Montana Code 16-11-102
Department: means the department of revenue. See Montana Code 16-11-502
Department: shall mean the department of revenue of the state of Montana. See Montana Code 17-3-301
Department: means the department of administration created in 2-15-1001. See Montana Code 17-5-801
Department: means the department of transportation provided for in Title 2, chapter 15, part 25. See Montana Code 17-5-903
Devise: To gift property by will.
Directory: means the tobacco product directory as provided in 16-11-504. See Montana Code 16-11-102
Directory: means the tobacco product directory as provided in 16-11-504. See Montana Code 16-11-102
Donor: The person who makes a gift.
Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
Eligible government unit: means :

(a)any municipal corporation or political subdivision of the state, including without limitation any city, town, county, school district, authority as defined in 75-6-304, or other special taxing district or assessment or service district authorized by law to borrow money;

(b)the state, any board, agency, or department of the state, or the board of regents of the Montana university system when authorized by law to borrow money; or

(c)an Indian tribal government, in accordance with 17-1-702. See Montana Code 17-5-1604
Emergency: means a catastrophe, disaster, calamity, or other serious unforeseen and unanticipated circumstance that has occurred subsequent to the time that an agency's appropriation was made, that was clearly not within the contemplation of the legislature and the governor, and that affects one or more functions of a state agency and the agency's expenditure requirements for the performance of the function or functions. See Montana Code 17-7-102
Employee: means an individual employed to do something for the benefit of an employer. See Montana Code 16-12-102
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}
Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. ^{Source: OCC}
Escrow: Money given to a third party to be held for payment until certain conditions are met.
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.
Executor: A male person named in a will to carry out the decedent
Existing infrastructure: means public improvements, including but not limited to:

(a)drinking water systems;

(b)wastewater treatment;

(c)sanitary sewer or storm sewer systems;

(d)solid waste disposal and separation systems;

(e)roads;

(f)bridges; or

(g)any public improvements authorized by Title 7, chapter 11, part 10; Title 7, chapter 12, parts 41 through 45; Title 7, chapter 13, parts 42 and 43; and Title 7, chapter 14, part 47. See Montana Code 17-6-302
Facsimile seal: means the reproduction by engraving, imprinting, stamping, or other means of the seal of the issuer, official, or official body. See Montana Code 17-5-1102
Facsimile signature: means the reproduction by engraving, imprinting, stamping, or other means of the manual signature of an authorized officer. See Montana Code 17-5-1102
Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
Federal assistance programs: means any financial assistance made to a state agency by an agency of the United States government, whether a grant, loan, gift, contract, or in any other form. See Montana Code 17-3-102
Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. ^{Source: OCC}
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}
Federal statute: means a federal statute that is in accord with the United States constitution and that imposes mandates on state or local governments. See Montana Code 2-1-403
Fiduciary: A trustee, executor, or administrator.
Finance: means to supply capital and, in the case of agricultural enterprises, to refinance a project and project costs. See Montana Code 17-5-1503
Financial institution: means any bank, savings and loan association, credit union, development credit corporation, insurance company, investment company, trust company, savings institution, or other financial institution approved by the board. See Montana Code 17-5-1503
Financial institution: includes but is not limited to a state-chartered or federally chartered bank or a savings and loan association, credit union, or development corporation created pursuant to Title 32, chapter 4. See Montana Code 17-6-302
Financial interest: means a legal or beneficial interest that entitles the holder, directly or indirectly through a business, an investment, or a spouse, parent, or child relationship, to 5% or more of the net profits or net worth of the entity in which the interest is held. See Montana Code 16-12-102
Financial intermediary: means a bank, broker, clearing corporation, or trust company or the nominee of any of them or other person or nominee that in the ordinary course of its business maintains public obligation accounts for its customers. See Montana Code 17-5-1102
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.
Fixed Rate: Having a "fixed" rate means that the APR doesn't change based on fluctuations of some external rate (such as the "Prime Rate"). In other words, a fixed rate is a rate that is not a variable rate. A fixed APR can change over time, in several circumstances:
- You are late making a payment or commit some other default, triggering an increase to a penalty rate
- The bank changes the terms of your account and you do not reject the change.
- The rate expires (if the rate was fixed for only a certain period of time).
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}
Former medical marijuana licensee: means a person that was licensed by or had an application for licensure pending with the department of public health and human services to provide marijuana to individuals with debilitating medical conditions on April 27, 2021. See Montana Code 16-12-102
Fraud: Intentional deception resulting in injury to another.
General revenue appropriations: means appropriations from the general fund or the school equalization and property tax reduction account in 20-9-336. See Montana Code 17-7-102
General revenue source: means a source of revenue not governed by established or implied restrictions based on the source or limited use of the revenue. See Montana Code 17-1-502
Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
Good cause: means failure by a table wine distributor to comply with reasonable business requirements imposed, or sought to be imposed, by a supplier under the terms of an agreement of distributorship if the requirements are imposed on other similarly situated distributors either by the terms of their agreements or in the manner of their enforcement by the supplier. See Montana Code 16-3-415
Governing body: means the board or body that exercises the legislative power of the public body. See Montana Code 17-5-2101
Governing body: means the:

(a)board of county commissioners in the case of a county;

(b)municipal commission in the case of a municipality;

(c)commission in the case of a consolidated government; or

(d)town meeting legislative body in the case of a town. See Montana Code 17-2-301
Governing body: means the board, council, commission, or other body charged with the general control of the issuance of bonds of a political subdivision. See Montana Code 17-5-101
Government entity: means the state and political subdivisions, including but not limited to:

(a)political subdivisions as defined in 2-9-101(5);

(b)the legislature, legislative committees, and legislators acting in their official capacity; and

(c)employees of the state or a political subdivision. See Montana Code 2-9-901
Governmental bonds: means bonds other than private activity bonds. See Montana Code 17-5-1302
Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. ^{Source: Federal Reserve}
Grantee agency: means any agency of state government receiving federal funds. See Montana Code 17-3-102
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: has the meaning provided in 50-16-504. See Montana Code 17-6-602
Health care provider: means a health care professional, whether the health care professional works for a health care provider or a government health care provider, health care facility, home health care facility, assisted living facility, or any other person or facility otherwise authorized or permitted by any federal or state statute, regulation, order, or public health guidance to administer health care services or treatment. See Montana Code 2-9-901
Highway projects: means the construction, reconstruction, maintenance, and repair of commission-designated highway systems and state highways as those terms are defined in 60-1-103. See Montana Code 17-5-903
Highway revenues: means the revenues specified in Article VIII, section 6, of the Montana constitution and 15-70-126 and 15-70-128 as revenues from gross vehicle weight fees and excise and license taxes (except general sales and use taxes, if any) on gasoline, fuel, and other energy sources used to propel vehicles on public highways and any other revenues, taxes, or receipts credited to the department in the state special revenue fund and the federal special revenue fund. See Montana Code 17-5-903
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}
indicia: means the impression, mark, or stamp approved by the department under the provisions of this part. See Montana Code 16-11-102
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.
Indirect costs: means costs for services that benefit more than one agency or program and that are not readily assignable to the agency or program specifically benefiting. See Montana Code 17-1-104
Indoor cultivation facility: means an enclosed area used to grow live plants that is within a permanent structure using artificial light exclusively or to supplement natural sunlight. See Montana Code 16-12-102
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
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}
Intermediary loan: means a loan provided to a local economic development organization with a revolving loan fund to be used to provide matching funds for the U. See Montana Code 17-6-302
Internal Revenue Code: has the meaning provided in 15-30-2101. See Montana Code 17-5-1102
Issuer: means a public entity that:

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

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

(c)becomes responsible for or in place of a public entity described as an issuer in this subsection (7). See Montana Code 17-5-1102
Issuer: means a state issuer or local issuer. See Montana Code 17-5-1302
Joint resolution: A legislative measure which requires the approval of both chambers.
Judicial officer: includes all judicial officers, justices, district court judges, and judges of the judicial branch of state government. See Montana Code 2-2-102
Judicial officers: means justices of the supreme court, judges of the district courts, justices of the peace, municipal judges, and city judges. See Montana Code 1-1-202
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
Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
Legacy: A gift of property made by will.
Legislative audit division: means the legislative audit division established by 5-13-301. See Montana Code 17-2-301
Legislative council: means the statutory committee established in 5-11-101. See Montana Code 2-1-403
Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
Licensed premises: means all locations related to, or associated with, a specific license that is authorized under this chapter and includes all enclosed public and private areas at the location that are used in the business operated pursuant to a license, including offices, kitchens, restrooms, and storerooms. See Montana Code 16-12-102
Licensed retailer: means any person, other than a wholesaler, subjobber, or tobacco product vendor, who is licensed under the provisions of this part. See Montana Code 16-11-102
Licensed wholesaler: means a wholesaler licensed under the provisions of this part. See Montana Code 16-11-102
Licensee: means a person holding a state license issued pursuant to this chapter. See Montana Code 16-12-102
licensee: means a person or entity licensed by the department to sell alcoholic beverages at retail for either on-premises or off-premises consumption. See Montana Code 16-4-1003
Lien: A claim against real or personal property in satisfaction of a debt.
Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
Loan participation: means loans or portions of loans bought from a financial institution. See Montana Code 17-6-302
Local economic development organization: means :

(a)(i) a private, nonprofit corporation, as provided in Title 35, chapter 2, that is exempt from taxation under section 501(c)(3) or 501(c)(6) of the Internal Revenue Code, 26 U. See Montana Code 17-6-302
local fund: means an accounting fund maintained by a local government entity for which the exclusive source of revenue is one or more charges for services or interest or other income on the fund. See Montana Code 17-2-301
Local government: means the city in which the project is located, if the project is located within an incorporated municipality, or the county if the project is located within the county but outside the boundaries of an incorporated municipality. See Montana Code 17-5-1503
Local government: means a municipality, a county, or a consolidated city-county government. See Montana Code 2-1-601
Local government: means a county, a consolidated government, an incorporated city or town, a school district, or a special district. See Montana Code 2-2-102
Local government: means a county, a consolidated government, or an incorporated city or town. See Montana Code 16-12-102
Local government: means a municipality, a county, a consolidated government, or a special district. See Montana Code 17-1-502
Local government entity: means a county, city, consolidated government, or town. See Montana Code 17-2-301
Local issuer: means a city, town, county, or other political subdivision of the state authorized to issue private activity bonds or governmental bonds. See Montana Code 17-5-1302
Local portion: means that portion of the state's volume cap reserved for local issuers. See Montana Code 17-5-1302
Manufacturer: means any person who fabricates cigarettes from raw materials for the purpose of resale. See Montana Code 16-10-103
Manufacturer: means any person who fabricates tobacco products from raw materials for the purpose of resale. See Montana Code 16-11-102
Manufacturer: means a person licensed by the department to convert or compound marijuana into marijuana products, marijuana concentrates, or marijuana extracts and package, repackage, label, or relabel marijuana products as allowed under this chapter. See Montana Code 16-12-102
Manufacturer: means any person who fabricates tobacco products from raw materials for the purpose of resale. See Montana Code 16-11-102
Marijuana: means all plant material from the genus Cannabis containing tetrahydrocannabinol (THC) or seeds of the genus capable of germination. See Montana Code 16-12-102
Marijuana business: means a cultivator, manufacturer, adult-use dispensary, medical marijuana dispensary, combined-use marijuana licensee, testing laboratory, marijuana transporter, or any other business or function that is licensed by the department under this chapter. See Montana Code 16-12-102
Marijuana concentrate: means any type of marijuana product consisting wholly or in part of the resin extracted from any part of the marijuana plant. See Montana Code 16-12-102
Marijuana product: means a product that contains marijuana and is intended for use by a consumer. See Montana Code 16-12-102
Marijuana transporter: means a person that is licensed to transport marijuana and marijuana products from one marijuana business to another marijuana business, or to and from a testing laboratory, and to temporarily store the transported retail marijuana and retail marijuana products at its licensed premises, but is not authorized to sell marijuana or marijuana products to consumers under any circumstances. See Montana Code 16-12-102
Master Settlement Agreement: has the meaning provided in 16-11-402. See Montana Code 16-11-502
Medical marijuana: means marijuana or marijuana products that are for sale solely to a cardholder who is registered under Title 16, chapter 12, part 5. See Montana Code 16-12-102
Medical marijuana dispensary: means the location from which a registered cardholder may obtain marijuana or marijuana products. See Montana Code 16-12-102
Moist snuff: means any finely cut, ground, or powdered tobacco, other than dry snuff, that is intended to be placed in the oral cavity. See Montana Code 16-11-102
Montana economy: means any business activities in the state of Montana, including those that continue existing jobs or create new jobs in Montana. See Montana Code 17-6-302
Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
Mortgagee: The person to whom property is mortgaged and who has loaned the money.
National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) ^{Source: OCC}
Necessary: means essential to the public welfare and of a nature that cannot wait until the next legislative session for legislative consideration. See Montana Code 17-7-102
New proposals: means requests to provide new nonmandated services, to change program services, to eliminate existing services, or to change sources of funding. See Montana Code 17-7-102
Nonparticipating manufacturer: means any tobacco product manufacturer that is not a participating manufacturer. See Montana Code 16-11-502
Obligation: means an agreement of an issuer to pay principal and interest and includes a share, participation, or other interest in the agreement. See Montana Code 17-5-1102
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.
official action: means a vote, decision, recommendation, approval, disapproval, or other action, including inaction, that involves the use of discretionary authority. See Montana Code 2-2-102
Official actions: means the actions by statute, order, ordinance, resolution, contract, or other authorized means by which the issuer provides for issuance of a public obligation. See Montana Code 17-5-1102
Official or official body: means :

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

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

(c)any other person or group of persons who are assigned duties of the official or official body under applicable law. See Montana Code 17-5-1102
Operating plan: means the financial plan used by a state agency or local government entity showing in detail the purposes for which the state agency's or local government entity's operating revenue will be spent in the current fiscal year of the state agency or local government entity and the fund from which the expenditures will be made. See Montana Code 17-2-301
Operating reserve: means an amount equal to 8. See Montana Code 17-7-102
Original issuance: means the first transfer of a public obligation by an issuer to a purchaser. See Montana Code 17-5-1102
Outdoor cultivation: means live plants growing in an area exposed to natural sunlight and environmental conditions including variable temperature, precipitation, and wind. See Montana Code 16-12-102
Oversight: Committee review of the activities of a Federal agency or program.
Owner: means an entity certified as an exempt wholesale generator pursuant to 42 U. See Montana Code 17-6-302
Paraphernalia: has the meaning provided for "drug paraphernalia" in 45-10-101. See Montana Code 16-12-102
Participating manufacturer: has the meaning provided in section II(jj) of the Master Settlement Agreement defined in 16-11-402 and all amendments thereto. See Montana Code 16-11-502
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.
Passive beneficial owner: means any person acquiring an owner's interest in a marijuana business that is not otherwise a controlling beneficial owner or in control. See Montana Code 16-12-102
Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
Person: means an individual, firm, association, company, partnership, corporation, or other business entity, however formed. See Montana Code 16-10-103
Person: means an individual, firm, partnership, corporation, association, company, committee, other group of persons, or other business entity, however formed. See Montana Code 16-11-102
Person: means an individual, partnership, association, company, corporation, limited liability company, or organization. See Montana Code 16-12-102
Person: means an individual, corporation, nonprofit corporation, estate, trust, partnership, limited liability company, business or similar trust, association, joint venture, place of worship, personal representative, trustee, government entity, or any other legal or commercial entity. See Montana Code 2-9-901
Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
Person: means a natural person, corporation, partnership, trust, agency, or other entity and includes individual officers, directors, or other persons in active control of the activities of the entity. See Montana Code 16-3-415
Person: means an individual, firm, partnership, corporation, association, company, committee, other group of persons, or other business entity, however formed. See Montana Code 16-11-102
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
Plaintiff: The person who files the complaint in a civil lawsuit.
Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. ^Source:
Policy: means a formal or informal rule, order, ordinance, or policy, whether written or unwritten. See Montana Code 2-1-601
Political subdivision: includes a county, city, town, school district, irrigation district, drainage district, special improvement district, or any other governmental subdivision of the state. See Montana Code 17-5-101
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: includes any real property and any appurtenant building or structure, as well as any other location, vehicle, or place serving a commercial, residential, educational, religious, governmental, cultural, charitable, or health care purpose. See Montana Code 2-9-901
Premium cigar: means any roll of tobacco that is hand wrapped in 100% whole tobacco leaf, is not wrapped by a machine, and does not contain a filter, tip, or any characterizing nontobacco flavor. See Montana Code 16-11-102
Present law base: means that level of funding needed under present law to maintain operations and services at the level authorized by the previous legislature, including but not limited to:

(a)changes resulting from legally mandated workload, caseload, or enrollment increases or decreases;

(b)changes in funding requirements resulting from constitutional or statutory schedules or formulas;

(c)inflationary or deflationary adjustments; and

(d)elimination of nonrecurring appropriations. See Montana Code 17-7-102
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
Private interest: means an interest held by an individual that is:

(a)an ownership interest in a business;

(b)a creditor interest in an insolvent business;

(c)an employment or prospective employment for which negotiations have begun;

(d)an ownership interest in real property;

(e)a loan or other debtor interest; or

(f)a directorship or officership in a business. See Montana Code 2-2-102
Probable cause: A reasonable ground for belief that the offender violated a specific law.
Probate: Proving a will
Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
Program: means a principal organizational or budgetary unit within an agency. See Montana Code 17-7-102
Programs for tobacco disease prevention: means programs of services administered by the state for the purposes of informing individuals of the health risks of tobacco use and exposure to secondhand tobacco smoke, assisting persons in the avoidance of tobacco products use, and assisting individuals in cessation of tobacco use. See Montana Code 17-6-602
Project: means a project as defined in 90-5-101. See Montana Code 17-5-1503
Project: shall mean any resettlement project or rural rehabilitation project for resettlement purposes of the United States, located within this state, and shall include persons inhabiting such project. See Montana Code 17-3-301
Project costs: means the costs of acquiring or improving any project, including the following:

(a)the actual cost of acquiring or improving real estate for any project;

(b)the actual cost of construction of all or any part of a project, including architects' and engineers' fees;

(c)all expenses in connection with the authorization, sale, and issuance of the bonds to finance such acquisition or improvement;

(d)bond reserves and premiums for insurance or guaranty of loan payments or lease rentals pledged to pay the bonds;

(e)the interest on such bonds for a reasonable time prior to construction, during construction, and not exceeding 6 months after completion of construction; and

(f)working capital for agricultural enterprise projects for a period not to exceed 1 year. See Montana Code 17-5-1503
Property: means real and personal property. See Montana Code 1-1-205
proposed supplemental appropriation: means an application for authorization to make expenditures during the first fiscal year of the biennium from appropriations for the second fiscal year of the biennium. See Montana Code 17-7-301
Proxy voting: The practice of allowing a legislator to cast a vote in committee for an absent legislator.
Public body: means any political subdivision of the state and includes but is not limited to a county, city, town, or school district. See Montana Code 17-5-2101
Public body: includes a county, city, town, school district, irrigation district, drainage district, special improvement district, or any other political or governmental subdivision of the state or any commission, authority, or agency of a political or governmental subdivision, and also includes the board of public education, the board of regents of higher education, the board of examiners, the department of natural resources and conservation, the state transportation commission, or any other governmental agency of this state. See Montana Code 17-5-202
Public debt: Cumulative amounts borrowed by the Treasury Department or the Federal Financing Bank from the public or from another fund or account. The public debt does not include agency debt (amounts borrowed by other agencies of the Federal Government). The total public debt is subject to a statutory limit.
Public defender: Represent defendants who can't afford an attorney in criminal matters.
Public employee: means :

(a)any temporary or permanent employee of the state, including an employee of the judicial branch;

(b)any temporary or permanent employee of a local government;

(c)a member of a quasi-judicial board or commission or of a board, commission, or committee with rulemaking authority; and

(d)a person under contract to the state. See Montana Code 2-2-102
Public entity: means any entity, department, or agency that is empowered under the laws of one or more states, including this state, to issue obligations, any interest with respect to which may under any provision of law be provided an exemption from the income tax referred to in the Internal Revenue Code. See Montana Code 17-5-1102
Public health guidance: includes guidance related to covid-19 issued by the following:

(a)the centers for disease control and prevention of the United States department of health and human services;

(b)the centers for medicare and medicaid services of the United States department of health and human services;

(c)the federal occupational safety and health administration;

(d)the office of the governor;

(e)a state agency, including the Montana department of public health and human services; or

(f)a local government, including a local government health department or local government board of health. See Montana Code 2-9-901
Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
Public obligation: means either a certificated or an uncertificated public obligation. See Montana Code 17-5-1102
Public officer: includes any state officer and any elected officer of a local government. See Montana Code 2-2-102
Qualified escrow fund: has the meaning provided in 16-11-402. See Montana Code 16-11-502
Qualified institutional investor: means :

(a)a bank or banking institution including any bank, trust company, member bank of the federal reserve system, bank and trust company, stock savings bank, or mutual savings bank that is organized and doing business under the laws of this state, any other state, or the laws of the United States;

(b)a bank holding company as defined in 32-1-109;

(c)a company organized as an insurance company whose primary and predominant business activity is the writing of insurance or the reinsuring of risks underwritten by insurance companies, and that is subject to regulation or oversight by the insurance department of the office of the state auditor or a similar agency of another state, or any receiver or similar official or any liquidating agent for such a company, in their capacity as such an insurance company;

(d)an investment company registered under section 8 of the federal Investment Company Act of 1940, as amended;

(e)an employee benefit plan or pension fund subject to the federal Employee Retirement Income Security Act of 1974, excluding an employee benefit plan or pension fund sponsored by a licensee or an intermediary holding company licensee that directly or indirectly owns 10% or more of a licensee;

(f)a state or federal government pension plan; or

(g)any other entity identified by rule by the department. See Montana Code 16-12-102
Quorum: The number of legislators that must be present to do business.
Record: means an original document, a legible facsimile, or an electronically preserved copy. See Montana Code 16-11-102
Record: means an original document, a legible facsimile, or an electronically preserved copy. See Montana Code 16-11-102
Referral physician: means an individual who:

(a)is licensed under Title 37, chapter 3; and

(b)is the physician to whom a patient's treating physician has referred the patient for physical examination and medical assessment. See Montana Code 16-12-502
Registry identification card: means a document issued by the department pursuant to 16-12-503 that identifies an individual as a registered cardholder. See Montana Code 16-12-102
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.
Requesting agency: means the agency of state government that has requested a specific budget amendment. See Montana Code 17-7-102
Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
Reserve fund: means the municipal finance consolidation act reserve fund created in 17-5-1630. See Montana Code 17-5-1604
Resident: means an individual who meets the requirements of 1-1-215. See Montana Code 16-12-102
Retailer: means a person who operates a store, stand, booth, concession, or other outlet for the purpose of selling cigarettes at retail. See Montana Code 16-10-103
Retailer: means a person, other than a wholesaler, who is engaged in the business of selling tobacco products to the ultimate consumer. See Montana Code 16-11-102
Retailer: means a person, other than a wholesaler, who is engaged in the business of selling tobacco products to the ultimate consumer. See Montana Code 16-11-102
Right of offset: Banks' legal right to seize funds that a guarantor or debtor may have on deposit to cover a loan in default. It is also known as the right of set-off. ^{Source: OCC}
Roll-your-own tobacco: means any tobacco that, because of its appearance, type, packaging, or labeling, is suitable for use and likely to be offered to or purchased by consumers as tobacco for making cigarettes. See Montana Code 16-11-102
Roll-your-own tobacco: means any tobacco that, because of its appearance, type, packaging, or labeling, is suitable for use and likely to be offered to or purchased by consumers as tobacco for making cigarettes. See Montana Code 16-11-102
Seedling: means a marijuana plant that has no flowers and is less than 12 inches in height and 12 inches in diameter. See Montana Code 16-12-102
sell: means any transfer of cigarettes for consideration, exchange, barter, gift, offer for sale, or distribution, in any manner or by any means. See Montana Code 16-10-103
sell: means any transfer of tobacco products for consideration, exchange, barter, gift, offer for sale, or distribution in any manner or by any means. See Montana Code 16-11-102
sell: means any transfer of tobacco products for consideration, exchange, barter, gift, offer for sale, or distribution in any manner or by any means. See Montana Code 16-11-102
Service fees: means the fees normally charged by a financial institution for servicing a loan, including amounts charged for collecting payments and remitting amounts to the fund. See Montana Code 17-6-302
Service of process: The service of writs or summonses to the appropriate party.
Services: shall mean such public and state functions as are performed for property in and persons residing within this state. See Montana Code 17-3-301
Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
Several: means two or more. See Montana Code 1-1-201
Sole distributor: means a person who either causes a unique brand of cigarettes to be manufactured according to distinctive specifications and acts as the exclusive distributor of the cigarettes or is the exclusive distributor of a brand of cigarettes within the continental United States. See Montana Code 16-10-103
Sole distributor: means a person who either causes a unique brand of tobacco products to be manufactured according to distinctive specifications and acts as the exclusive distributor of the tobacco products or is the exclusive distributor of a brand of tobacco products within the continental United States. See Montana Code 16-11-102
Sole ownership: The type of property ownership in which one individual holds legal title to the property and has full control of it.
Special district: means a unit of local government, authorized by law to perform a single function or a limited number of functions. See Montana Code 2-2-102
Standard of care: means , at a minimum, the following activities when undertaken in person or through the use of telemedicine by a patient's treating physician or referral physician if the treating physician or referral physician is providing written certification for a patient with a debilitating medical condition:

(a)obtaining the patient's medical history;

(b)performing a relevant and necessary physical examination;

(c)reviewing prior treatment and treatment response for the debilitating medical condition;

(d)obtaining and reviewing any relevant and necessary diagnostic test results related to the debilitating medical condition;

(e)discussing with the patient and ensuring that the patient understands the advantages, disadvantages, alternatives, potential adverse effects, and expected response to the recommended treatment;

(f)monitoring the response to treatment and possible adverse effects; and

(g)creating and maintaining patient records that remain with the physician. See Montana Code 16-12-502
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: shall mean the state of Montana. See Montana Code 17-3-301
State agency: means an office, position, commission, committee, board, department, council, division, bureau, section, or any other entity or instrumentality of the executive branch of state government. See Montana Code 2-1-601
State agency: includes :

(i)the state;

(ii)the legislature and its committees;

(iii)all executive departments, boards, commissions, committees, bureaus, and offices;

(iv)the university system; and

(v)all independent commissions and other establishments of the state government. See Montana Code 2-2-102
State agency: means an agency as defined in 17-7-102. See Montana Code 17-2-301
State agency: means any agency of state government eligible to apply for and receive federal funds. See Montana Code 17-3-102
state fund: means an account within the special revenue fund established by 17-2-102 for which the exclusive source of revenue is one or more charges for services or interest or other income on the fund. See Montana Code 17-2-301
State issuer: means the state and any agency, board, or authority of the state authorized to issue private activity bonds. See Montana Code 17-5-1302
State letterhead: means an electronic or written document that contains the great seal of the state provided for in 1-1-501 or purports to be a document from the state, a state agency, or a local government. See Montana Code 2-2-102
State officer: includes all elected officers and directors of the executive branch of state government as defined in 2-15-102 and all judicial officers, justices, district court judges, and judges of the judicial branch of state government. See Montana Code 2-2-102
State portion: means that portion of the state's volume cap reserved for state issuers. See Montana Code 17-5-1302
State special revenue fund: means a fund in the state treasury consisting of money from state sources that is earmarked for the purposes of defraying particular costs of an agency, program, or function of state government, as provided in 17-2-102. See Montana Code 17-1-502
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.
Subjobber: means a person who purchases from a licensed wholesaler cigarettes with the Montana cigarette tax insignia affixed and sells or offers to sell tobacco products to a licensed retailer or tobacco product vendor. See Montana Code 16-11-102
Subpoena: A command to a witness to appear and give testimony.
subscription: includes the mark of a person who cannot write if the person's name is written near the mark by another person who also signs that person's own name as a witness. See Montana Code 1-1-203
Summons: Another word for subpoena used by the criminal justice system.
Supplemental appropriation: Budget authority provided in an appropriations act in addition to regular or continuing appropriations already provided. Supplemental appropriations generally are made to cover emergencies, such as disaster relief, or other needs deemed too urgent to be postponed until the enactment of next year's regular appropriations act.
Supplier: means a winery or an importer of table wines that enters into or is a party to an agreement of distributorship with a table wine distributor. See Montana Code 16-3-415
Synthetic cannabinoids: has the meaning provided in 50-32-222 and includes any cannabinoids produced artificially, whether from chemical synthesis or biosynthesis using recombinant biological agents, including but not limited to yeast and algae. See Montana Code 16-12-102
Tax act: means the latest limitation enacted by the United States congress on the amount of cap bonds that may be issued by a state or local issuer. See Montana Code 17-5-1302
Telemedicine: has the meaning provided in 37-3-102. See Montana Code 16-12-502
Testify: Answer questions in court.
Testify: means every mode of oral statement under oath or affirmation. See Montana Code 1-1-202
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
Testing laboratory: means a qualified person, licensed under this chapter that:

(a)provides testing of representative samples of marijuana and marijuana products; and

(b)provides information regarding the chemical composition and potency of a sample, as well as the presence of molds, pesticides, or other contaminants in a sample. See Montana Code 16-12-102
Tobacco product: means cigarettes and all other products containing tobacco that are intended for human consumption or use. See Montana Code 16-11-102
Tobacco product: means cigarettes and all other products containing tobacco that are intended for human consumption or use. See Montana Code 16-11-102
Tobacco product manufacturer: has the meaning provided in 16-11-402. See Montana Code 16-11-502
Tobacco product vendor: means a person doing business in the state who purchases tobacco products through a wholesaler, subjobber, or retailer for 10 or more tobacco product vending machines that the person operates for a profit in premises or locations other than the person's own. See Montana Code 16-11-102
Tobacco products: means a substance intended for human use that contains tobacco and includes but is not limited to cigarettes, cigars, smoking tobacco, and tobacco intended for use in an oral or nasal cavity. See Montana Code 17-6-602
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.
Treasurer: means the ex officio state treasurer, referred to in 2-15-1002. See Montana Code 17-5-801
Treating physician: means an individual who:

(a)is licensed under Title 37, chapter 3; and

(b)has a bona fide professional relationship with the individual applying to be a registered cardholder. See Montana Code 16-12-502
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Trust fund: means the Montana tobacco settlement trust fund authorized by Article XII, section 4, of the Montana constitution and implemented through this part. See Montana Code 17-6-602
Trustee: A person or institution holding and administering property in trust.
Uncertificated public obligation: means an obligation that is:

(a)issued pursuant to a system of registration;

(b)not represented by an instrument; and

(c)either one of a class or series or by its terms divisible into a class or series of obligations. See Montana Code 17-5-1102
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
United States: shall mean the United States of America. See Montana Code 17-3-301
Units sold: has the meaning provided in 16-11-402. See Montana Code 16-11-502
Uphold: The decision of an appellate court not to reverse a lower court decision.
Usable marijuana: means the dried leaves and flowers of the marijuana plant that are appropriate for the use of marijuana by an individual. See Montana Code 16-12-102
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
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
Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
Volume cap: means , with respect to each calendar year, the principal amount of cap bonds that may be issued in the state in a calendar year as determined under the provisions of the tax act. See Montana Code 17-5-1302
Wholesale price: means the established price for which a manufacturer sells a tobacco product to a wholesaler or any other person before any discount or reduction. See Montana Code 16-11-102
Wholesaler: means a person who services retail outlets by maintaining an established place of business for the purchase of cigarettes and who:

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

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

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

(ii)purchases tobacco products from a sole distributor, another wholesaler, or any other person for the purpose of selling tobacco products to subjobbers, tobacco product vendors, wholesalers, or retailers. See Montana Code 16-11-102
Wholesaler: means a person that is authorized to affix tax insignia to packages or other containers of cigarettes under 16-11-113, a person that is required to remit the tobacco tax imposed on cigarettes pursuant to 16-11-111, or a person that is required to remit the tobacco tax imposed on other tobacco products under 16-11-111(7). See Montana Code 16-11-502
Writing: includes printing. See Montana Code 1-1-203
Written certification: means a statement signed by a treating physician or referral physician that meets the requirements of 16-12-509 and is provided in a manner that meets the standard of care. See Montana Code 16-12-502