Terms Used In Montana Code > Title 7 > Chapter 6 > Part 24 - County Auditor and Claims Against County

• 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.
• Authority: means the Montana facility finance authority created in 2-15-1815. See Montana Code 90-4-1302
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Board: means the board of examiners provided for in 2-15-1007. See Montana Code 90-4-602
• Bonds: means bonds, refunding bonds, notes, or other obligations issued by a municipality or county under the authority of this part, including without limitation short-term bonds or notes issued in anticipation of the issuance of long-term bonds or notes. See Montana Code 90-5-101
• Broadband: means a mass-market retail service by wire or radio that provides the capability to transmit data to and receive data from all or substantially all internet endpoints. See Montana Code 90-1-602
• Broadband service: means the signal transmission facilities and associated network equipment proposed to be deployed in a project area used for the provision of broadband service to residential, business, and government customers. See Montana Code 90-1-602
• Bulk pipeline terminal: means a facility that is primarily used for storage for the marketing of petroleum products and that has a total bulk storage capacity of 50,000 gallons or more. See Montana Code 90-4-302
• Challenge: means a contest to a proposal submitted to the department for funding on the grounds as provided for by the national telecommunications and information administration. See Montana Code 90-1-602
• Commission: means the communications advisory commission established in 90-1-603. See Montana Code 90-1-602
• Community anchor institution: means an entity such as a school, library, health clinic, health center, hospital or other medical provider, public safety entity, institution of higher education, or community support organization. See Montana Code 90-1-602
• 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.
• Cost: includes the expenses related to planning, design, construction, and installation of energy conservation improvements and any administrative expenses of the department incurred in the performance of its duties under the energy conservation program. See Montana Code 90-4-602
• cost-effectiveness: means that the sum of guaranteed cost savings and unguaranteed energy cost savings attributable to utility unit price escalation is equal to or greater than:

  (a)the energy performance contract financing repayment obligation, if any, each year of a finance term;

  (b)the total project cost of the cost-saving measures implemented divided by 20; or

  (c)the total project cost of the cost-saving measures implemented divided by the cost-weighted average useful life of the cost-saving measures. See Montana Code 90-4-1102

• Cost-saving measure: means a facility improvement, repair, or alteration or equipment, fixtures, or furnishings added to or used in a facility and designed to reduce energy or water consumption or operation and maintenance costs. See Montana Code 90-4-1102
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the department of administration. See Montana Code 90-1-602
• Department: means the department of natural resources and conservation provided for in Title 2, chapter 15, part 33. See Montana Code 90-2-1103
• Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 90-4-602
• Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 90-4-1102
• Dependent: A person dependent for support upon another.
• Devise: To gift property by will.
• Distributor: means any person, private corporation, partnership, producer, individual proprietorship, public utility, joint operating agency, or cooperative that engages in or is authorized to engage in the activity of generating, producing, transmitting, or distributing energy in this state. See Montana Code 90-4-302
• District: means a district that is established under this part by a local government and that lies within the local government's jurisdictional boundaries. See Montana Code 90-4-1302
• Eligible provider: means an entity that:

  (a)has authorization to do business in the state; and

  (b)has demonstrated that it has the technical, financial, and managerial resources and experience to provide broadband service or other communications service to customers in the state. See Montana Code 90-1-602

• Energy: means petroleum or other liquid fuels, natural or synthetic fuel gas, or electricity. See Montana Code 90-4-302
• Energy conservation measure: means a permanent cost-effective energy improvement fixed to real property, including new construction, and intended to decrease energy or water consumption and demand, including a product, device, or interacting group of products or devices on the customer's side of the meter that uses energy technology to generate electricity, provide thermal energy, or regulate temperature. See Montana Code 90-4-1302
• Energy conservation program: means a program for the financing, acquisition, construction, and installation of alternative energy systems, as defined in 15-32-102, or equipment, systems, and improvements in state-owned buildings, structures, and facilities that save energy or water. See Montana Code 90-4-602
• Energy conservation program bonds: includes all series of bonds issued to finance any portion of the energy conservation program. See Montana Code 90-4-602
• Energy conservation project: means the installation or modification of an energy conservation measure or the acquisition, installation, or improvement of a renewable energy system. See Montana Code 90-4-1302
• Energy cost savings: means the savings in utility costs to a state agency as a result of an energy conservation program. See Montana Code 90-4-602
• Energy emergency: means :

  (a)an existing or imminent domestic, regional, or national shortage of energy that will result in curtailment of essential services or production of essential goods or the disruption of significant sectors of the economy unless action is taken to conserve or limit the use of the energy form involved and the allocation of available energy supplies among users or to increase the available supply of energy; or

  (b)a price of energy that will:

  (i)result in curtailment of essential services or production of essential goods or the disruption of significant sectors of the economy; or

  (ii)impose a threat to the health or safety of those segments of the population who are most in need, as defined by their economic, social, or medical circumstances. See Montana Code 90-4-302

• Energy performance contract: means a cost-effective contract between a governmental entity and a qualified energy service provider for implementation of one or more cost-saving measures and guaranteed cost savings. See Montana Code 90-4-1102
• Energy supply alert: means a condition of energy supply on a national, regional, state, or local basis that foreseeably will affect significantly the availability of essential energy supplies within the ensuing 90-day period unless action is taken under 90-4-309 to reduce energy usage by state agencies and political subdivisions or action is taken to increase the supply of energy. See Montana Code 90-4-302
• 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.
• Extremely high cost per location threshold: is a subsidy cost for each location to be utilized during the proposal selection process in which a proposal may be declined if use of an alternative technology meeting the broadband, equity, access, and deployment program program's technical requirements would be less expensive. See Montana Code 90-1-602
• Family services provider: means organizations, including nonprofit corporations, that provide human services for children and adults, including but not limited to early care services for children, youth services, health services, social services, habilitative services, rehabilitative services, preventive care, and supportive services, and training, educational, and referral activities in support of human services. See Montana Code 90-5-101
• Finance term: means the length of time for repayment of funds borrowed for an energy performance contract. See Montana Code 90-4-1102
• Financially feasible: means that adequate funds are available to complete the project as approved. See Montana Code 90-2-1103
• 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.
• 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}
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Governing body: means the legislative authority of a local government. See Montana Code 90-4-1302
• Governing body: means the board or body in which the general legislative powers of the municipality or county are vested. See Montana Code 90-5-101
• Governmental entity: means :

  (a)a department, board, commission, institution, or branch of state government;

  (b)a county, consolidated city-county government, city, town, or school district;

  (c)a special district, as defined in 2-2-102;

  (d)the university system or a unit of the university system; or

  (e)a community college district. See Montana Code 90-4-1102

• Guarantee period: means the period of time from the effective date of the contract until guaranteed cost savings are achieved in accordance with 90-4-1114(5). See Montana Code 90-4-1102
• Guaranteed cost savings: means a guaranteed annual measurable monetary reduction in utility and operating and maintenance costs for each year of a guarantee period resulting from cost-saving measures. See Montana Code 90-4-1102
• High-cost area: means an unserved area in which the cost of building out broadband service is fiscally imprudent, and the area contains no less than 80% of unserved broadband-serviceable locations. See Montana Code 90-1-602
• Institution of higher education: means any private, nonprofit corporation or institution within the state of Montana:

  (a)authorized to provide or operate educational facilities; and

  (b)providing a program of education beyond the high school level. See Montana Code 90-5-101

• 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}
• Investment-grade energy audit: means a study of energy or water usage of a public building performed by a qualified energy service provider utilizing a professional engineer licensed in the state of Montana. See Montana Code 90-4-1102
• Joint resolution: A legislative measure which requires the approval of both chambers.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• 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}
• 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.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Local government: means a county, city, town, or a consolidated city-county. See Montana Code 90-4-1302
• 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
• Measurement and verification: means the methodology, measurements, inspections, and mathematical calculations to determine utility consumption before and after an energy performance contract is implemented. See Montana Code 90-4-1102
• Mineral: means any precious stones or gems, gold, silver, copper, coal, lead, petroleum, natural gas, oil, uranium, or other nonrenewable merchantable products extracted from the surface or subsurface of the state of Montana. See Montana Code 90-2-1103
• Mineral development: means exploration, extraction, processing, or other activity related to the production of a mineral. See Montana Code 90-2-1103
• 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
• Mortgage: means a mortgage or deed of trust or other security device. See Montana Code 90-5-101
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Municipality: means any incorporated city or town in the state. See Montana Code 90-5-101
• 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.
• Operation and maintenance cost savings: means a measurable decrease in operation and maintenance costs as a direct result of cost-saving measures calculated using baseline operation and maintenance costs. See Montana Code 90-4-1102
• Oversight: Committee review of the activities of a Federal agency or program.
• Participating state agency: means , for a state-owned building, structure, or facility, the state agency that pays for the utilities for that building. See Montana Code 90-4-602
• 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, partnership, joint venture, private or public corporation, cooperative, association, firm, public utility, political subdivision, municipal corporation, government agency, joint operating agency, or any other entity, public or private, however organized. See Montana Code 90-4-302
• Person: means an individual, corporation, partnership, firm, association, cooperative, limited liability company, limited liability partnership, or any other similar entity. See Montana Code 90-4-1102
• Person: means an individual, firm, partnership, association, corporation, unincorporated joint venture, or trust that is organized, permitted, or existing under the laws of this state or any other state, including a federal corporation, or a combination of individuals, firms, partnerships, associations, corporations, unincorporated joint ventures, or trusts. See Montana Code 90-4-1302
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Personal property: All property that is not real property.
• Personal property: means money, goods, chattels, things in action, and evidences of debt. See Montana Code 1-1-205
• Petroleum pipeline company: means a person who owns or operates in Montana any pipeline used for the transportation of petroleum products or their derivatives. See Montana Code 90-4-302
• Petroleum products: means propane, butane, propane/butane mix, motor gasoline, kerosene and other middle distillates, aviation gasoline, jet fuel, number 4 fuel oil, residual fuel oil, and alcohol fuels, whether in natural or synthetic form. See Montana Code 90-4-302
• Prime petroleum supplier: means the person who makes the first sale of a petroleum product into the state distribution system. See Montana Code 90-4-302
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• program: means a program established in accordance with this part. See Montana Code 90-4-1302
• Project: means a proposed deployment of broadband service infrastructure set forth in a proposal for funding authorized under this part. See Montana Code 90-1-602
• Project: means a planned and coordinated action or series of actions addressing an objective consistent with the policy and purpose of the reclamation and development grants program. See Montana Code 90-2-1103
• Project: means :

  (a)any land, any building or other improvement, and any other real or personal property considered necessary in connection with the improvement, whether or not now in existence, that must be suitable for use for commercial, manufacturing, agricultural, or industrial enterprises;

  (b)recreation or tourist facilities;

  (c)local, state, and federal governmental facilities;

  (d)multifamily housing, hospitals, long-term care facilities, community-based facilities for individuals who are persons with developmental disabilities as defined in 53-20-102, or medical facilities;

  (e)higher education facilities;

  (f)electric energy generation facilities;

  (g)family services provider facilities;

  (h)any facilities that are used or considered necessary to create or produce any intangible item, as defined in section 197(d)(1)(C)(iii) of the Internal Revenue Code, 26 U. See Montana Code 90-5-101

• Project area: means a shapefile area in an unserved or underserved area where the proposed broadband service infrastructure would be built as described in a proposal for funding authorized under this part. See Montana Code 90-1-602
• Property: means real and personal property. See Montana Code 1-1-205
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public benefits: means those benefits that accrue to citizens as a group and enhance the common well-being of the people of Montana. See Montana Code 90-2-1103
• 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 resources: means the natural resources of the state, including air, water, soil, minerals, vegetation, and fish and wildlife, and the economic, social, and cultural conditions of Montana citizens. See Montana Code 90-2-1103
• Qualified energy service provider: means a person included on the department's list of qualified energy service providers. See Montana Code 90-4-1102
• Real property: means a privately owned commercial or industrial facility, covered multifamily housing accommodation as defined in 49-2-305(6), or agricultural property. See Montana Code 90-4-1302
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Record owner: means the person or persons possessing the most recent fee title as shown by the records of the county clerk and recorder. See Montana Code 90-4-1302
• Refiner: means a person that owns, operates, or controls the operations of one or more refineries located in Montana. See Montana Code 90-4-302
• Refinery: means an industrial plant, regardless of capacity, that processes fossil or renewable feedstock or manufactures refined petroleum products, except when the plant exclusively produces petrochemicals. See Montana Code 90-4-302
• 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.
• Renewable energy: has the meaning provided in 15-24-3102. See Montana Code 90-4-1302
• Several: means two or more. See Montana Code 1-1-201
• Shapefile: means a GIS file format for storing, depicting, and analyzing geospatial data depicting broadband coverage. See Montana Code 90-1-602
• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
• State agency: means :

  (a)each executive, legislative, or judicial branch department, office, or agency;

  (b)the university system; and

  (c)a community college district. See Montana Code 90-4-602

• Statute: A law passed by a legislature.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Total project cost: means the total cost of the project, including costs of the investment-grade energy audit, energy performance contract, measurement and verification, and financing. See Montana Code 90-4-1102
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• Underserved area: means a location or area that is not an unserved location and that lacks access to broadband service offered with a speed of not less than 100 megabits per second for downloads, a speed of not less than 20 megabits per second for uploads, and latency less than or equal to 100 milliseconds. See Montana Code 90-1-602
• 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
• Unserved area: means a broadband-serviceable location or area that has no access to broadband service or lacks service offered with a speed of not less than 25 megabits per second for downloads, a speed of not less than 3 megabits per second for uploads, and a latency less than or equal to 100 milliseconds. See Montana Code 90-1-602
• Unserved service project: means a project in which not less than 80% of broadband-serviceable locations served by the project are unserved locations. See Montana Code 90-1-602
• 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
• Utility cost savings: means expenses for utilities that are eliminated or avoided on a long-term basis as a result of equipment installed or modified or services performed by a qualified energy service provider. See Montana Code 90-4-1102
• Writing: includes printing. See Montana Code 1-1-203