Montana Code 20-25-501. Definitions
20-25-501. Definitions. (1) Terms used in this part are defined as follows:
Terms Used In Montana Code 20-25-501
- Dependent: A person dependent for support upon another.
- Domicile: means a person's true, fixed, and permanent home and place of habitation. See Montana Code 20-25-501
- 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.
- Female: means a member of the human species who, under normal development, has XX chromosomes and produces or would produce relatively large, relatively immobile gametes, or eggs, during her life cycle and has a reproductive and endocrine system oriented around the production of those gametes. See Montana Code 1-1-201
- 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.
- Male: means a member of the human species who, under normal development, has XY chromosomes and produces or would produce small, mobile gametes, or sperm, during his life cycle and has a reproductive and endocrine system oriented around the production of those gametes. See Montana Code 1-1-201
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Regents: means the board of regents of higher education. See Montana Code 20-1-101
- school: means an institution for the teaching of children that is established and maintained under the laws of the state of Montana at public expense. See Montana Code 20-6-501
- 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
(a)”Domicile” means a person‘s true, fixed, and permanent home and place of habitation.
(b)”Minor” means a male or female, as defined in 1-1-201, person who has not obtained the age of 18 years.
(c)”Qualified person” means a person legally qualified to determine the person’s own domicile.
(d)”Resident student” means:
(i)a student who has been domiciled in Montana for 1 year immediately preceding registration at any unit for any term or session for which resident classification is claimed. Attendance as a full-time student at any college, university, or other institution of higher education is not alone sufficient to qualify for residence in Montana.
(ii)any graduate of a Montana high school who is a citizen or resident alien of the United States and whose parents, parent, or guardian has resided in Montana at least 1 full year of the 2 years immediately preceding the student’s graduation from high school. The classification continues for not more than 4 academic years if the student remains in continuous attendance at a unit; or
(iii)a member of the armed forces of the United States assigned to and residing in Montana, the member’s spouse, or the member’s dependent children.
(2)In the event that the definition of residency or any portion of the definition is declared unconstitutional as it is applied to payment of nonresident fees and tuition, the regents of the Montana university system may make rules on what constitutes adequate evidence of residency status not inconsistent with those court decisions.