20-25-1501. Definitions. As used in this part, the following definitions apply:

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Terms Used In Montana Code 20-25-1501

  • 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.
  • 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
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Public postsecondary institution: means :

    (a)a unit of the Montana university system as defined in 20-25-201; or

    (b)a Montana community college, defined and organized as provided in 20-15-101. See Montana Code 20-25-1501

  • System: means the Montana university system. See Montana Code 20-1-101
  • United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
  • University: means the university of Montana-Missoula. See Montana Code 20-1-101

(1)(a) “Materially and substantially disrupt” means conduct by a person who acts purposely or knowingly to:

(i)significantly hinder the expressive activity of another person or group;

(ii)prevent the communication of an expressive activity; or

(iii)prevent the transaction of business at a lawful meeting, gathering, or procession by:

(A)engaging in fighting or other violent or unlawful behavior; or

(B)physically blocking or using threats of violence to prevent another person from attending, listening to, viewing, or otherwise participating in an expressive activity.

(b)The term does not include conduct that is protected under the first amendment of the United States constitution or under Article II, section 7, of the Montana constitution, including but not limited to:

(i)lawful protests in outdoor areas of campus; or

(ii)minor, brief, or fleeting nonviolent disruption of an event that is isolated or short in duration.

(2)(a) “Outdoor area of campus” means a generally accessible outside area of campus, such as grassy areas, walkways, or other similar common areas.

(b)The term does not include an outdoor area where access is restricted from a majority of the public.

(3)”Public postsecondary institution” means:

(a)a unit of the Montana university system as defined in 20-25-201; or

(b)a Montana community college, defined and organized as provided in 20-15-101.

(4)”Student” means a person who is enrolled full-time or part-time at a public postsecondary institution.

(5)”Student organization” means an officially recognized group or a group seeking official recognition at a public postsecondary institution that is composed of students who receive or are seeking to receive a benefit through the public postsecondary institution.