Terms Used In Montana Code > Title 10 > Chapter 3 - Disaster and Emergency Services

• agreement: means an agreement, consistent with the purposes of this part, by one or more fire protection services, emergency medical care providers, or local government subdivisions of this state with one or more fire protection services, emergency medical care providers, or local government subdivisions of any other state or the United States. See Montana Code 10-3-1103
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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.
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Business: includes a corporation, partnership, sole proprietorship, trust or foundation, or any other individual or organization carrying on a business, whether or not operated for profit. See Montana Code 2-2-102
• Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
• 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.
• Commission: means the state emergency response commission. See Montana Code 10-3-1203
• Committee: means the Montana intrastate mutual aid committee created in 10-3-904. See Montana Code 10-3-903
• 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.
• Compensation: means any money or economic benefit conferred on or received by any person in return for services rendered or to be rendered by the person or another. See Montana Code 2-2-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• Conviction: A judgement of guilt against a criminal defendant.
• 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.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Disaster: has the meaning provided in 10-3-103. See Montana Code 10-3-903
• Division: means the division of disaster and emergency services in the department of military affairs. See Montana Code 10-3-1203
• Duration of response: means a period of time beginning when an emergency responder is requested by the appropriate authority to respond to an incident and ending when the responder is released from the incident by the incident commander and returned to the emergency responder's place of residence by the most direct route and includes the time required to replace and return all materials used for the incident to the same or similar condition and state of readiness as before the response. See Montana Code 10-3-1203
• Emergency: has the meaning provided in 10-3-103. See Montana Code 10-3-903
• Emergency medical care provider: means a local government subdivision or other entity, whether public or private, licensed by the state to provide emergency medical services pursuant to Title 50, chapter 6. See Montana Code 10-3-1103
• Employer: means a person or entity in this state that has one or more employees. See Montana Code 7-1-4202
• 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.
• 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.
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fire protection service: means a governmental fire agency organized under Title 7, chapter 33, or another fire suppression entity organized under the laws of this state, any other state, or an agency of the government of the United States. See Montana Code 10-3-1103
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Hazardous material: means a hazardous substance, a hazardous or deleterious substance as defined in 75-10-701, radioactive material, or a combination of a hazardous substance, a hazardous or deleterious substance, and radioactive material. See Montana Code 10-3-1203
• Hazardous material incident: means an event involving the release or threat of release involving hazardous material that may cause injury to persons, the environment, or property. See Montana Code 10-3-1203
• Hazardous material incident response team: means an organized group of trained response personnel, operating under an emergency response plan and appropriate standard operating procedures, that is expected to perform work to control an actual release or threatened release of hazardous material requiring close approach to the material, to respond to releases or threatened releases of hazardous material for the purpose of control or stabilization of the incident, and to provide technical assistance to local jurisdictions. See Montana Code 10-3-1203
• Hazardous substance: means flammable solids, semisolids, liquids, or gases; poisons; explosives; corrosives; compressed gases; reactive or toxic chemicals; irritants; or biological agents. See Montana Code 10-3-1203
• High-level radioactive waste: means :

  (a)the highly radioactive material resulting from the reprocessing of spent nuclear fuel, including liquid waste produced directly in reprocessing and any solid material derived from the liquid waste that contains fission products in sufficient concentrations;

  (b)irradiated reactor fuel; or

  (c)other highly radioactive waste material that the U. See Montana Code 10-3-1303

• Incident commander: means the person who is designated in the local emergency operations plan. See Montana Code 10-3-1203
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• 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 resolution: A legislative measure which requires the approval of both chambers.
• Judicial officer: includes all judicial officers, justices, district court judges, and judges of the judicial branch of state government. See Montana Code 2-2-102
• 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
• 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.
• Jurisdiction: means the jurisdiction of any law enforcement agency within Montana. See Montana Code 10-3-702
• 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
• 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}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Local emergency operations plan: means the local and interjurisdictional disaster and emergency plan developed pursuant to 10-3-401. See Montana Code 10-3-1203
• Local emergency response authority: means the agency designated by the city or county to be responsible for the management of a hazardous material incident at the local level. See Montana Code 10-3-1203
• Local government: means a county, a consolidated government, an incorporated city or town, a school district, or a special district. See Montana Code 2-2-102
• Local government subdivision: means the local governmental entity, other than state government, including but not limited to incorporated towns and cities, townships, and counties. See Montana Code 10-3-1103
• Member jurisdiction: means the state of Montana or a political subdivision or a federally recognized Indian tribe that participates in the system. See Montana Code 10-3-903
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Oath: includes an affirmation or declaration. See Montana Code 1-1-201
• Oath: A promise to tell the truth.
• official action: means a vote, decision, recommendation, approval, disapproval, or other action, including inaction, that involves the use of discretionary authority. See Montana Code 2-2-102
• Oversight: Committee review of the activities of a Federal agency or program.
• 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.
• Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
• Plan: means the hazardous material response support plan. See Montana Code 10-3-1203
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Private interest: means an interest held by an individual that is:

  (a)an ownership interest in a business;

  (b)a creditor interest in an insolvent business;

  (c)an employment or prospective employment for which negotiations have begun;

  (d)an ownership interest in real property;

  (e)a loan or other debtor interest; or

  (f)a directorship or officership in a business. See Montana Code 2-2-102

• Public employee: means :

  (a)any temporary or permanent employee of the state, including an employee of the judicial branch;

  (b)any temporary or permanent employee of a local government;

  (c)a member of a quasi-judicial board or commission or of a board, commission, or committee with rulemaking authority; and

  (d)a person under contract to the state. See Montana Code 2-2-102

• Public officer: includes any state officer and any elected officer of a local government. See Montana Code 2-2-102
• Quorum: The number of legislators that must be present to do business.
• Radioactive material: means any material or combination of material that spontaneously emits ionizing radiation. See Montana Code 10-3-1203
• 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.
• Several: means two or more. See Montana Code 1-1-201
• Spent nuclear fuel: means fuel that has been withdrawn from a nuclear reactor following irradiation, the constituent elements of which have not been separated by reprocessing. See Montana Code 10-3-1303
• State agency: includes :

  (i)the state;

  (ii)the legislature and its committees;

  (iii)all executive departments, boards, commissions, committees, bureaus, and offices;

  (iv)the university system; and

  (v)all independent commissions and other establishments of the state government. See Montana Code 2-2-102

• State letterhead: means an electronic or written document that contains the great seal of the state provided for in 1-1-501 or purports to be a document from the state, a state agency, or a local government. See Montana Code 2-2-102
• State officer: includes all elected officers and directors of the executive branch of state government as defined in 2-15-102 and all judicial officers, justices, district court judges, and judges of the judicial branch of state government. See Montana Code 2-2-102
• Statute: A law passed by a legislature.
• System: means the Montana intrastate mutual aid system provided for in 10-3-906. See Montana Code 10-3-903
• Tactical incident: means any situation in which it is reasonable to expect the possibility of the loss of life or the taking of a hostage unless extraordinary steps are taken. See Montana Code 10-3-702
• Tactical team: means a small group of highly disciplined law enforcement officers trained to provide a quick and ready response to high-risk conditions and situations that go beyond the capabilities of normally trained and equipped officers. See Montana Code 10-3-702
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• threatened release: means an indication of the possibility of the release of a hazardous material into the environment. See Montana Code 10-3-1203
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• 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.
• Transuranic waste: means material contaminated with elements that have an atomic number greater than 92, including neptunium, plutonium, americium, and curium, and that are in concentrations greater than 10 nanocuries per gram or in other concentrations that the U. See Montana Code 10-3-1303
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• Willfully: when applied to the intent with which an act is done or omitted, means a purpose or willingness to commit the act or make the omission referred to. See Montana Code 1-1-204