Montana Code > Title 5 > Chapter 5 – Legislative Procedures

		Sections
Part 1	Legislature Investigative Powers	§ 5-5-101 – § 5-5-112
Part 2	Organization — Interim Committees	§ 5-5-201 – § 5-5-234
Part 3	Appointments by Governor	§ 5-5-301 – § 5-5-303
Part 4	Impeachment	§ 5-5-401 – § 5-5-433

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Terms Used In Montana Code > Title 5 > Chapter 5 - Legislative Procedures

Acquittal:
1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
2. A verdict of "not guilty."
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
Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
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
Allegation: something that someone says happened.
Annual payroll: means the total amount of wages paid by an employer, regardless of the time of payment, for employment during a calendar year. See Montana Code 39-51-201
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.
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
Appropriate unit: means a homogenous group of employees of a health care facility having similar duties and qualifications determined pursuant to 39-32-106. See Montana Code 39-32-102
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
Arrest: Taking physical custody of a person by lawful authority.
Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
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 period: means :

(a)the first 4 of the last 5 completed calendar quarters immediately preceding the first day of an individual's benefit year;

(b)if the individual does not have sufficient wages to qualify for benefits under subsection (2)(a), the 4 most recently completed calendar quarters immediately preceding the first day of the individual's benefit year;

(c)in the case of a combined-wage claim pursuant to the arrangement approved by the secretary of labor of the United States, the period applicable under the unemployment law of the paying state; or

(d)for an individual who fails to meet the qualifications of 39-51-2105 or a similar statute of another state because of a temporary total disability, as defined in 39-71-116, or a similar statute of another state or the United States, the first 4 quarters of the last 5 completed calendar quarters preceding the disability if a claim for unemployment benefits is filed within 24 months of the date on which the individual's disability was incurred. See Montana Code 39-51-201
Benefit year: means the 52-consecutive-week period beginning with the first day of the calendar week in which an individual files a valid claim for benefits, except that the benefit year is 53 weeks if filing a new valid claim would result in overlapping any quarter of the base period of a previously filed new claim. See Montana Code 39-51-201
Benefits: means the money payments payable to an individual, as provided in this chapter, with respect to the individual's unemployment. See Montana Code 39-51-201
Board: means the board of personnel appeals provided for in 2-15-1705. See Montana Code 39-31-103
Board: means the board of personnel appeals provided for in 2-15-1705. See Montana Code 39-32-102
Board: means the unemployment insurance appeals board provided for in Title 2, chapter 15, part 17. See Montana Code 39-51-201
Calendar quarter: means the period of 3 consecutive calendar months ending on March 31, June 30, September 30, or December 31. See Montana Code 39-51-201
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.
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
codes: means the Montana Code Annotated, which is a reenactment of the Revised Codes of Montana, 1947, as provided in 1-11-103. See Montana Code 1-11-101
Commissioner: means the commissioner of labor and industry. See Montana Code 39-3-402
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.
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.
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
Contributions: means the money payments to the state unemployment insurance fund required by this chapter but does not include assessments under 39-51-404. See Montana Code 39-51-201
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.
Customary: means according to usage. See Montana Code 1-1-206
Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
Department: means a principal functional and administrative entity that:

(a)is created by this chapter within the executive branch of state government;

(b)is one of the 20 principal departments permitted under the constitution; and

(c)includes its units. See Montana Code 2-15-102
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
Department: means the department of labor and industry provided for in Title 2, chapter 15, part 17. See Montana Code 39-51-201
Dependent: A person dependent for support upon another.
Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
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
Docket: A log containing brief entries of court proceedings.
Domestic or household service: means employment of persons other than members of the household for the purpose of tending to the aid and comfort of the employer or members of the employer's family, including but not limited to housecleaning and yard work. See Montana Code 39-51-201
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}
Employ: means to suffer or permit to work. See Montana Code 39-3-402
Employee: means a registered professional or licensed practical nurse performing services for compensation for a health care facility, but does not include a member of a religious order assigned to a health care facility by the order as a part of the member's obligation to the order. See Montana Code 39-32-102
Employee: means an individual employed by an employer. See Montana Code 39-3-402
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
Employing unit: means any individual or organization, including the state government and any of its political subdivisions or instrumentalities or an Indian tribe or tribal unit, partnership, association, trust, estate, joint-stock company, insurance company, limited liability company or limited liability partnership that has filed with the secretary of state, or corporation, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee or the trustee's successor, or legal representative of a deceased person in whose employ one or more individuals perform or performed services within this state, except as provided under 39-51-204(1)(a) and (1)(j). See Montana Code 39-51-201
Employment office: means a free public employment office or branch of an office operated by this state or maintained as a part of a state-controlled system of public employment offices or other free public employment offices operated and maintained by the United States government or its instrumentalities as the department may approve. See Montana Code 39-51-201
Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
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}
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
Exhaustee: means an individual who, with respect to any week of unemployment in the eligibility period:

(a)has received, prior to that week, all of the regular benefits that were available under this chapter or any other state law, including dependents' allowances and benefits payable to federal civilian employees and ex-service personnel under 5 U. See Montana Code 39-51-2501
Extended benefit period: means a period that:

(a)begins with the third week after a week for which there is a state "on" indicator, provided that no extended benefit period may begin by reason of a state "on" indicator before the 14th week following the end of a prior extended benefit period that was in effect with respect to this state; and

(b)ends with the third week after the first week for which there is a state "off" indicator or the 13th consecutive week of the period. See Montana Code 39-51-2501
Extended benefits: means benefits, including benefits payable to federal civilian employees and to ex-service personnel pursuant to 5 U. See Montana Code 39-51-2501
Farm or ranch: means an endeavor primarily engaged in cultivating the soil or in connection with raising or harvesting an agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training, and management of livestock, bees, and poultry and fur-bearing animals and wildlife. See Montana Code 39-3-402
Farm worker: means a person employed to do a service performed on a farm or ranch. See Montana Code 39-3-402
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
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).
Fraud: Intentional deception resulting in injury to another.
Fund: means the unemployment insurance fund established by this chapter to which all contributions and payments in lieu of contributions must be paid and from which all benefits provided under this chapter must be paid. See Montana Code 39-51-201
Grantor: The person who establishes a trust and places property into it.
Gross misconduct: means a criminal act, other than a violation of a motor vehicle traffic law, for which an individual has been convicted in a criminal court or has admitted or conduct that demonstrates a flagrant and wanton disregard of and for the rights, title, or interest of a fellow employee or the employer. See Montana Code 39-51-201
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
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 facility: means a hospital or nursing home or other agency or establishment employing employees, whether operated publicly or privately, having as one of its principal purposes the preservation of health, the care of sick or infirm individuals, or both. See Montana Code 39-32-102
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
Hospital: means an institution that has been licensed, certified, or approved by the state as a hospital. See Montana Code 39-51-201
Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
Independent contractor: means an individual working under an independent contractor exemption certificate provided for in 39-71-417. See Montana Code 39-51-201
Indian tribe: means an Indian tribe as defined in the Indian Self-Determination and Education Assistance Act, 25 U. See Montana Code 39-51-201
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.
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.
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
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
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
Legal tender: coins, dollar bills, or other currency issued by a government as official money. ^{Source: U.S. Mint}
Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
Licensed and practicing health care provider: means a health care provider who is primarily responsible for the treatment of a person seeking unemployment insurance benefits and who is:

(a)licensed to practice in this state as:

(i)a physician under Title 37, chapter 3;

(ii)a dentist under Title 37, chapter 4;

(iii)an advanced practice registered nurse under Title 37, chapter 8, and recognized as a nurse practitioner or certified nurse specialist by the board of nursing, established in 2-15-1734;

(iv)a physical therapist under Title 37, chapter 11;

(v)a chiropractor under Title 37, chapter 12;

(vi)a clinical psychologist under Title 37, chapter 17; or

(vii)a physician assistant under Title 37, chapter 20; or

(b)with respect to a person seeking unemployment insurance benefits who resides outside of this state, a health care provider licensed or certified as a member of one of the professions listed in subsection (18)(a) in the jurisdiction where the person seeking the benefit lives. See Montana Code 39-51-201
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.
livestock: includes ostriches, rheas, and emus. See Montana Code 39-3-402
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
Misconduct: includes but is not limited to the following conduct by an employee:

(i)willful or wanton disregard of the rights, title, and interests of a fellow employee or the employer, including:

(A)insubordination showing a deliberate, willful, or purposeful refusal to follow the reasonable directions, processes, or instructions of the employer;

(B)repeated inexcusable tardiness following warnings by the employer;

(C)dishonesty related to employment, including but not limited to deliberate falsification of company records, theft, deliberate deception, or lying;

(D)false statements made as part of a job application process, including but not limited to deliberate falsification of the individual's criminal history, work record, or educational or licensure achievements;

(E)repeated and inexcusable absences, including absences for which the employee was able to give advance notice and failed to do so;

(F)deliberate acts that are illegal, provoke violence or violation of the law, or violate a collective bargaining agreement by which the employee is covered. See Montana Code 39-51-201
No-additional-cost service: has the meaning provided in section 132 of the Internal Revenue Code, 26 U. See Montana Code 39-51-201
Oath: A promise to tell the truth.
Oath: includes an affirmation or declaration. See Montana Code 1-1-201
Occupation: means an occupation, service, trade, business, industry, or branch or group of industries or employment or class of employment in which employees are gainfully employed. See Montana Code 39-3-402
Oversight: Committee review of the activities of a Federal agency or program.
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
Plaintiff: The person who files the complaint in a civil lawsuit.
Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
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
Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
Public defender: Represent defendants who can't afford an attorney in criminal matters.
Public employee: means :

(i)except as provided in subsection (9)(b), a person employed by a public employer in any capacity; and

(ii)an individual whose work has ceased as a consequence of or in connection with any unfair labor practice or concerted employee action. See Montana Code 39-31-103
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
Recess: A temporary interruption of the legislative business.
Regular benefits: means benefits payable to an individual under this chapter or under any other state law, including benefits payable to federal civilian employees and to ex-service personnel pursuant to 5 U. See Montana Code 39-51-2501
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.
State: includes , in addition to the states of the United States of America, the District of Columbia, Puerto Rico, the Virgin Islands, and Canada. See Montana Code 39-51-201
State law: means the unemployment insurance law of any state approved by the U. See Montana Code 39-51-2501
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.
Strike: means any work stoppage caused by the employees of a health care facility that interferes with the operation of the health care facility or affects the care of patients in the health care facility. See Montana Code 39-32-102
Subpoena: A command to a witness to appear and give testimony.
Summons: Another word for subpoena used by the criminal justice system.
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
Taxes: means contributions and assessments required under this chapter but does not include penalties or interest for past-due or unpaid contributions or assessments. See Montana Code 39-51-201
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
Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Tribal unit: means an Indian tribe and any tribal subdivision or subsidiary or any business enterprise that is wholly owned by that tribe. See Montana Code 39-51-201
Unemployment insurance administration fund: means the unemployment insurance administration fund established by this chapter from which administrative expenses under this chapter must be paid. See Montana Code 39-51-201
Unfair labor practice: means any unfair labor practice listed in 39-31-401 or 39-31-402. See Montana Code 39-31-103
Uphold: The decision of an appellate court not to reverse a lower court decision.
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
wage: includes the reasonable cost to the employer of furnishing the employee with lodging or any other facility if the lodging or other facility is customarily furnished by the employer to employees. See Montana Code 39-3-402
Week: means a period of 7 consecutive calendar days ending at midnight on Saturday. See Montana Code 39-51-201
Weekly benefit amount: means the amount of benefits that an individual would be entitled to receive for 1 week of total unemployment. See Montana Code 39-51-201
Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.