Montana Code 27-33-104. Definitions
27-33-104. Definitions. As used in this part, the following definitions apply:
Terms Used In Montana Code 27-33-104
- 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.
- Exercise of religion: means the practice or observance of religion. See Montana Code 27-33-104
- 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 any individual, association, partnership, corporation, church, religious institution, estate, trust, foundation, or other legal entity. See Montana Code 27-33-104
- 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
(1)”Compelling governmental interest” means a governmental interest of the highest order that cannot otherwise be achieved without burdening the exercise of religion.
(2)”Exercise of religion” means the practice or observance of religion. The term includes but is not limited to the ability to act or refuse to act in a manner substantially motivated by one’s sincerely held religious belief, whether or not the exercise is compulsory or central to a larger system of religious belief.
(3)”Person” means any individual, association, partnership, corporation, church, religious institution, estate, trust, foundation, or other legal entity.
(4)”State action” means the implementation or application of any law, including but not limited to state and local laws, ordinances, rules, regulations, and policies, whether statutory or otherwise, or other action by the state or a political subdivision and a local government, municipality, instrumentality, or public official authorized by law in the state of Montana.
(5)”Substantially burden” means any action that directly or indirectly constrains, inhibits, curtails, or denies the exercise of religion by any person or compels any action contrary to a person’s exercise of religion and includes but is not limited to withholding of benefits, assessment of criminal, civil, or administrative penalties, or exclusion from governmental programs or access to governmental facilities.