Terms Used In Montana Code > Title 5 > Chapter 5 > Part 2 - Organization -- Interim Committees

• act: means the Montana Health and Economic Livelihood Partnership Act provided for in Title 53, chapter 6, part 13, and this chapter. See Montana Code 39-12-102
• Adjournment sine die: The end of a legislative session "without day." These adjournments are used to indicate the final adjournment of an annual or the two-year session of legislature.
• Adult: means a person who is 18 years of age or older. See Montana Code 39-7-303
• 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
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Applicant: means a person that seeks to be licensed under this chapter. See Montana Code 39-8-102
• Appraisal: A determination of property value.
• Appropriate unit: means a group of public employees banded together for collective bargaining purposes as designated by the board. See Montana Code 39-31-103
• 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.
• 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.
• Board: means the board of personnel appeals provided for in 2-15-1705. See Montana Code 39-31-103
• Client: means a person that obtains all or part of the person's workforce from another person through a professional employer arrangement. See Montana Code 39-8-102
• Commissioner: means the commissioner of labor and industry as provided in 2-15-1701. See Montana Code 39-7-303
• Committee on committees: Committees formed in each party conference and responsible for nominating the party's Senators to committee membership and committee leadership positions. Nominations are subject to approval by the full party conference and to a formal vote of the Senate.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Confidential employee: means any person found by the board to be a confidential labor relations employee and any person employed in the personnel division, department of administration, who acts with discretionary authority in the creation or revision of state classification specifications. See Montana Code 39-31-103
• Construction contractor: means a person, firm, or corporation that:

  (a)in the pursuit of an independent business, offers to undertake, undertakes, or submits a bid to construct, alter, repair, add to, subtract from, improve, move, wreck, or demolish for another a building, highway, road, railroad, excavation, or other structure, project, development, or improvement attached to real estate, including the installation of carpeting or other floor covering, the erection of scaffolding or other structures or works, or the installation or repair of roofing or siding; or

  (b)in order to do work similar to that described in subsection (1)(a) upon the construction contractor's property, employs members of more than one trade on a single job or under a single building permit, except as otherwise provided. See Montana Code 39-9-102

• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Controlling person: means an individual who possesses the right to direct the management or policies of a professional employer organization or group through ownership of voting securities, by contract or otherwise. See Montana Code 39-8-102
• 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.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Department: means the department of labor and industry. See Montana Code 39-8-102
• Department: means the department of labor and industry. See Montana Code 39-9-102
• Department: means the department of labor and industry provided for in 2-15-1701. See Montana Code 39-12-102
• Dependent: A person dependent for support upon another.
• Devise: To gift property by will.
• Displaced homemaker: means an adult who:

  (a)has worked as an adult primarily without remuneration to care for the home and family and for that reason has diminished marketable skills and who has been dependent on public assistance or on the income of a relative but is no longer supported by that income; or

  (b)(i) is a parent whose youngest dependent child will become ineligible to receive cash assistance, as defined in 53-4-201, pursuant to Title 53, chapter 4, part 2, within 2 years of the parent's application for displaced homemaker assistance;

  (ii)is unemployed or underemployed and is experiencing difficulty in obtaining any employment or suitable employment, as appropriate; or

  (iii)meets the qualifications described in subsection (3)(a) or (3)(b) and is a criminal offender. See Montana Code 39-7-303

• Employee leasing arrangement: means an arrangement by contract or otherwise under which a professional employer organization hires its own employees and assigns the employees to work for another person to staff and manage, or to assist in staffing and managing, a facility, function, project, or enterprise on an ongoing basis. See Montana Code 39-8-102
• 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.
• Exclusive representative: means the labor organization which has been designated by the board as the exclusive representative of employees in an appropriate unit or has been so recognized by the public employer. See Montana Code 39-31-103
• Fiduciary: A trustee, executor, or administrator.
• Financial statements: means accounting information, consisting of balance sheets and income statements, that identifies the financial position of applicants or licensees through their operations. See Montana Code 39-8-102
• Fraud: Intentional deception resulting in injury to another.
• group: means at least two but not more than five professional employer organizations, each of which is majority-owned by the same person. See Montana Code 39-8-102
• Home inspection: means a physical examination of a residential dwelling to identify major defects in various attributes of or attachments to the dwelling, including mechanical, electrical, and plumbing systems in addition to structural and other essential components. See Montana Code 39-9-102
• Home inspector: means a person who performs a home inspection for compensation. See Montana Code 39-9-102
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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.
• 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.
• Labor organization: means any organization or association of any kind in which employees participate and which exists for the primary purpose of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, fringe benefits, or other conditions of employment. See Montana Code 39-31-103
• 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 person licensed as a professional employer organization or group under this chapter. See Montana Code 39-8-102
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Majority party: means the party with the most members in a house of the legislature, subject to subsection (2). See Montana Code 1-1-208
• Management official: means a representative of management having authority to act for the agency on any matters relating to the implementation of agency policy. See Montana Code 39-31-103
• 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
• Minority party: means the party with the second most members in a house of the legislature, subject to subsection (2). See Montana Code 1-1-208
• 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.
• 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.
• Person: means an individual, association, company, firm, partnership, corporation, or limited liability company. See Montana Code 39-8-102
• Person: includes one or more individuals, labor organizations, public employees, associations, corporations, legal representatives, trustees, trustees in bankruptcy, or receivers. See Montana Code 39-31-103
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• 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.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Professional employer arrangement: means an arrangement by contract or otherwise under which:

  (i)a professional employer organization or group assigns employees to perform services for a client;

  (ii)the arrangement is or is intended to be ongoing rather than temporary in nature; and

  (iii)the employer responsibilities are shared by the professional employer organization or group and the client. See Montana Code 39-8-102

• Professional employer organization: means :

  (i)a person that provides services of employees pursuant to one or more professional employer arrangements or to one or more employee leasing arrangements; or

  (ii)a person that represents to the public that the person provides services pursuant to a professional employer arrangement. See Montana Code 39-8-102

• Program participant: means an individual participating in the HELP Act program. See Montana Code 39-12-102
• Property: means real and personal property. See Montana Code 1-1-205
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Public employer: means the state of Montana or any political subdivision thereof, including but not limited to any town, city, county, district, school board, board of regents, public and quasi-public corporation, housing authority or other authority established by law, and any representative or agent designated by the public employer to act in its interest in dealing with public employees. See Montana Code 39-31-103
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• 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
• 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
• Subpoena: A command to a witness to appear and give testimony.
• Supervisory employee: means an individual having the authority on a regular, recurring basis while acting in the interest of the employer to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees or to effectively recommend the above actions if, in connection with the foregoing, the exercise of the authority is not of a merely routine or clerical nature but requires the use of independent judgment. See Montana Code 39-31-103
• Temporary service contractor: means a person conducting a business that hires the person's own employees and assigns them to clients to fulfill a work assignment with a finite ending date to support or supplement the client's workforce in situations resulting from employee absences, skill shortages, seasonal workloads, and special assignments and projects. See Montana Code 39-8-102
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Unfair labor practice: means any unfair labor practice listed in 39-31-401 or 39-31-402. See Montana Code 39-31-103
• 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