Montana Code > Title 2 > Chapter 2 – Standards of Conduct

		Sections
Part 1	Code of Ethics	§ 2-2-101 – § 2-2-145
Part 2	Proscribed Acts Related to Contracts and Claims	§ 2-2-201 – § 2-2-207
Part 3	Nepotism	§ 2-2-301 – § 2-2-304

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Terms Used In Montana Code > Title 2 > Chapter 2 - Standards of Conduct

Access line: means a voice service of a provider of exchange access services, a wireless provider, or a provider of interconnected voice over IP service that has enabled and activated service for its subscriber to contact a public safety answering point via a 9-1-1 system by entering or dialing the digits 9-1-1. See Montana Code 10-4-101
Accessible: means accessible to individuals with disabilities for purposes of voting as determined in accordance with standards established by the secretary of state under 13-3-205. See Montana Code 13-3-202
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
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.
Anything of value: means any goods that have a certain utility to the recipient that is real and that is ordinarily not given away free but is purchased. See Montana Code 13-1-101
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.
Application for voter registration: means a voter registration form prescribed by the secretary of state that is completed and signed by an elector, is submitted to the election administrator, and contains voter registration information subject to verification as provided by law. See Montana Code 13-1-101
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.
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
Ballot: means a paper ballot counted manually or a paper ballot counted by a machine, such as an optical scan system or other technology that automatically tabulates votes cast by processing the paper ballots. See Montana Code 13-1-101
Ballot issue committee: means a political committee specifically organized to support or oppose a ballot issue. See Montana Code 13-1-101
Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
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
Candidate: means :

(a)an individual who has filed a declaration or petition for nomination, acceptance of nomination, or appointment as a candidate for public office as required by law;

(b)for the purposes of chapter 35, 36, or 37, an individual who has solicited or received and retained contributions, made expenditures, or given consent to an individual, organization, political party, or committee to solicit or receive and retain contributions or make expenditures on the individual's behalf to secure nomination or election to any office at any time, whether or not the office for which the individual will seek nomination or election is known when the:

(i)solicitation is made;

(ii)contribution is received and retained; or

(iii)expenditure is made; or

(c)an officeholder who is the subject of a recall election. See Montana Code 13-1-101
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.
Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
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.
Commercial mobile radio service: means :

(a)a mobile service that is:

(i)provided for profit with the intent of receiving compensation or monetary gain;

(ii)an interconnected service; and

(iii)available to the public or to classes of eligible users so as to be effectively available to a substantial portion of the public; or

(b)a mobile service that is the functional equivalent of a mobile service described in subsection (3)(a). See Montana Code 10-4-101
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.
Contract: A legal written agreement that becomes binding when signed.
Contribution: means :

(i)the receipt by a candidate or a political committee of an advance, gift, loan, conveyance, deposit, payment, or distribution of money or anything of value to support or oppose a candidate or a ballot issue;

(ii)an expenditure, including an in-kind expenditure, that is made in coordination with a candidate or ballot issue committee and is reportable by the candidate or ballot issue committee as a contribution;

(iii)the receipt by a political committee of funds transferred from another political committee; or

(iv)the payment by a person other than a candidate or political committee of compensation for the personal services of another person that are rendered to a candidate or political committee. See Montana Code 13-1-101
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.
Department: means the department of justice provided for in Title 2, chapter 15, part 20. See Montana Code 10-4-101
Disability: means a temporary or permanent mental or physical impairment such as:

(a)impaired vision;

(b)impaired hearing;

(c)impaired mobility. See Montana Code 13-1-101
Disaster: has the meaning provided in 10-3-103. See Montana Code 10-3-903
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:
Division: means the division of disaster and emergency services in the department of military affairs. See Montana Code 10-3-1203
Donor: The person who makes a gift.
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
Election: means a general, special, or primary election held pursuant to the requirements of state law, regardless of the time or purpose. See Montana Code 13-1-101
Election administrator: means , except as provided in subsection (14)(b), the county clerk and recorder or the individual designated by a county governing body to be responsible for all election administration duties, except that with regard to school elections not administered by the county, the term means the school district clerk. See Montana Code 13-1-101
Election communication: means the following forms of communication to support or oppose a candidate or ballot issue:

(i)a paid advertisement broadcast over radio, television, cable, or satellite;

(ii)paid placement of content on the internet or other electronic communication network;

(iii)a paid advertisement published in a newspaper or periodical or on a billboard;

(iv)a mailing; or

(v)printed materials. See Montana Code 13-1-101
Election judge: means a person who is appointed pursuant to Title 13, chapter 4, part 1, to perform duties as specified by law. See Montana Code 13-1-101
Election official: means an election administrator, election deputy, or election judge. See Montana Code 13-1-101
Electioneering communication: means a paid communication that is publicly distributed by radio, television, cable, satellite, internet website, newspaper, periodical, billboard, mail, or any other distribution of printed materials, that is made within 60 days of the initiation of voting in an election, that does not support or oppose a candidate or ballot issue, that can be received by more than 100 recipients in the district voting on the candidate or ballot issue, and that:

(i)refers to one or more clearly identified candidates in that election;

(ii)depicts the name, image, likeness, or voice of one or more clearly identified candidates in that election; or

(iii)refers to a political party, ballot issue, or other question submitted to the voters in that election. See Montana Code 13-1-101
Elector: means an individual qualified to vote under state law. See Montana Code 13-1-101
Emergency: has the meaning provided in 10-3-103. See Montana Code 10-3-903
Emergency communications: means any form of communication requesting any type of emergency services by contacting a public safety answering point through a 9-1-1 system, including voice, nonvoice, or video communications, as well as transmission of any text message or analog digital data. See Montana Code 10-4-101
Emergency services: means services provided by a public or private safety agency, including law enforcement, firefighting, ambulance or medical services, and civil defense services. See Montana Code 10-4-101
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.
Exchange access services: means :

(a)telephone exchange access lines or channels that provide local access from the premises of a subscriber in this state to the local telecommunications network to effect the transfer of information; and

(b)unless a separate tariff rate is charged for the exchange access lines or channels, a facility or service provided in connection with the services described in subsection (7)(a). See Montana Code 10-4-101
Expenditure: means a purchase, payment, distribution, loan, advance, promise, pledge, or gift of money or anything of value:

(i)made by a candidate or political committee to support or oppose a candidate or a ballot issue;

(ii)made by a candidate while the candidate is engaging in campaign activity to pay child-care expenses as provided in 13-37-220; or

(iii)used or intended for use in making independent expenditures or in producing electioneering communications. See Montana Code 13-1-101
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.
Federal election: means an election in even-numbered years in which an elector may vote for individuals for the office of president of the United States or for the United States congress. See Montana Code 13-1-101
Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
Fraud: Intentional deception resulting in injury to another.
General election: means an election that is held for offices that first appear on a primary election ballot, unless the primary is canceled as authorized by law, and that is held on a date specified in 13-1-104. See Montana Code 13-1-101
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
Inaccessible: means not accessible under standards adopted pursuant to 13-3-205. See Montana Code 13-3-202
Inactive list: means a list of inactive electors maintained pursuant to 13-2-220 or 13-19-313. See Montana Code 13-1-101
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}
Independent expenditure: means an expenditure for an election communication to support or oppose a candidate or ballot issue made at any time that is not coordinated with a candidate or ballot issue committee. See Montana Code 13-1-101
Individual: means a human being. See Montana Code 13-1-101
Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
issue: means a proposal submitted to the people at an election for their approval or rejection, including but not limited to an initiative, referendum, proposed constitutional amendment, recall question, school levy question, bond issue question, or ballot question. See Montana Code 13-1-101
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.
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
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
Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
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}
Legacy: A gift of property made by will.
Legally registered elector: means an individual whose application for voter registration was accepted, processed, and verified as provided by law. See Montana Code 13-1-101
Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
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: has the meaning provided in 7-11-1002. See Montana Code 10-4-101
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
Mail ballot election: means any election that is conducted under Title 13, chapter 19, by mailing ballots to all active electors. See Montana Code 13-1-101
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
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
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
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
Originating service provider: means an entity that provides capability for a retail customer to initiate emergency communications. See Montana Code 10-4-101
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
Person: means an individual, corporation, association, firm, partnership, cooperative, committee, including a political committee, club, union, or other organization or group of individuals or a candidate as defined in subsection (8). See Montana Code 13-1-101
Place of deposit: means a location designated by the election administrator pursuant to 13-19-307 for a mail ballot election conducted under Title 13, chapter 19. See Montana Code 13-1-101
Plan: means the hazardous material response support plan. See Montana Code 10-3-1203
Political committee: means a combination of two or more individuals or a person other than an individual who receives a contribution or makes an expenditure:

(i)to support or oppose a candidate or a committee organized to support or oppose a candidate or a petition for nomination;

(ii)to support or oppose a ballot issue or a committee organized to support or oppose a ballot issue; or

(iii)to prepare or disseminate an election communication, an electioneering communication, or an independent expenditure. See Montana Code 13-1-101
Political party organization: means a political organization that:

(a)was represented on the official ballot in either of the two most recent statewide general elections; or

(b)has met the petition requirements provided in Title 13, chapter 10, part 5. See Montana Code 13-1-101
Political subdivision: means a county, consolidated municipal-county government, municipality, special purpose district, or any other unit of government, except school districts, having authority to hold an election. See Montana Code 13-1-101
Polling place election: means an election primarily conducted at polling places rather than by mail under the provisions of Title 13, chapter 19. See Montana Code 13-1-101
Prepaid wireless service: means a commercial mobile radio service that:

(a)allows a subscriber to use a 9-1-1 system to engage in emergency communications; and

(b)is paid for in advance and sold in predetermined units or dollars of which the number declines with use in a known amount, including prepaid wireless phone cards, recharge or refill authorization codes, and prepaid cell phones or other prepaid wireless devices preloaded with airtime minutes. See Montana Code 10-4-101
Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
primary election: means an election held on a date specified in 13-1-107 to nominate candidates for offices filled at a general election. See Montana Code 13-1-101
Printing: means the act of reproducing a design on a surface by any process. See Montana Code 1-1-203
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
Private safety agency: means an entity, except a public safety agency, providing emergency fire, ambulance, or medical services. See Montana Code 10-4-101
Probable cause: A reasonable ground for belief that the offender violated a specific law.
Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
Property: means real and personal property. See Montana Code 1-1-205
Provider: means a public utility, a cooperative telephone company, a wireless provider, a provider of interconnected voice over IP service, a provider of exchange access services, or any other entity that provides access lines. See Montana Code 10-4-101
Provisionally registered elector: means an individual whose application for voter registration was accepted but whose identity or eligibility has not yet been verified as provided by law. See Montana Code 13-1-101
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 information: has the meaning provided in 2-6-1002. See Montana Code 2-2-102
Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
Public office: means a state, county, municipal, school, or other district office that is filled by the people at an election. See Montana Code 13-1-101
Public officer: includes any state officer and any elected officer of a local government. See Montana Code 2-2-102
Public safety agency: means a functional division of a local or tribal government or the state that dispatches or provides law enforcement, firefighting, or emergency medical services or other emergency services. See Montana Code 10-4-101
Public safety answering point: means a communications facility operated on a 24-hour basis that first receives emergency communications from persons requesting emergency services and that may, as appropriate, directly dispatch emergency services or transfer or relay the emergency communications to appropriate public safety agencies. See Montana Code 10-4-101
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
Random-sample audit: means an audit involving a manual count of ballots from designated races and ballot issues in precincts selected through a random process as provided in 13-17-503 and 13-17-510. See Montana Code 13-1-101
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
Real property: means lands, tenements, hereditaments, and possessory title to public lands. See Montana Code 1-1-205
Regular school election: means the school trustee election provided for in 20-20-105(1). See Montana Code 13-1-101
Relay: means a 9-1-1 service in which a public safety answering point, upon receipt of a telephone request for emergency services, notes the pertinent information from the caller and relays the information to the appropriate public safety agency, other agencies, or other providers of emergency services for dispatch of an emergency unit. See Montana Code 10-4-101
Religious organization: means a house of worship with the major purpose of supporting religious activities, including but not limited to a church, mosque, shrine, synagogue, or temple. See Montana Code 13-1-101
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.
Rural polling place: means a location that is expected to serve less than 200 registered electors. See Montana Code 13-3-202
School election: has the meaning provided in 20-1-101. See Montana Code 13-1-101
Seller: means a person who owns or operates a business that sells prepaid wireless services directly to a subscriber. See Montana Code 10-4-101
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.
Several: means two or more. See Montana Code 1-1-201
Special district: means a unit of local government, authorized by law to perform a single function or a limited number of functions. See Montana Code 2-2-102
Special election: means an election held on a day other than the day specified for a primary election, general election, or regular school election. See Montana Code 13-1-101
Special purpose district: means an area with special boundaries created as authorized by law for a specialized and limited purpose. See Montana Code 13-1-101
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
Statewide voter registration list: means the voter registration list established and maintained pursuant to 13-2-107 and 13-2-108. See Montana Code 13-1-101
Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
Subscriber: means :

(a)an end user who has an access line or who contracts with a wireless provider for commercial mobile radio services; or

(b)a customer who purchases prepaid wireless services from a seller in a transaction. See Montana Code 10-4-101
system: means any machine, device, technology, or equipment used to automatically record, tabulate, or process the vote of an elector cast on a paper ballot. See Montana Code 13-1-101
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
Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
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.
Transaction: means the purchase of prepaid wireless service from a seller for any purpose other than resale. See Montana Code 10-4-101
Transfer: means a service in which a public safety answering point, upon receipt of a telephone request for emergency services, directly transfers the request to an appropriate public safety agency or other emergency services provider. See Montana Code 10-4-101
Tribal government: has the meaning provided in 2-15-141. See Montana Code 10-4-101
Trustee: A person or institution holding and administering property in trust.
United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
Valid vote: means a vote that has been counted as valid or determined to be valid as provided in 13-15-206. See Montana Code 13-1-101
Venue: The geographical location in which a case is tried.
Voted ballot: means a ballot that is:

(a)deposited in the ballot box at a polling place;

(b)received at the election administrator's office; or

(c)returned to a place of deposit. See Montana Code 13-1-101
Voter interface device: means a voting system that:

(a)is accessible to electors with disabilities;

(b)communicates voting instructions and ballot information to a voter;

(c)allows the voter to select and vote for candidates and issues and to verify and change selections; and

(d)produces a paper ballot that displays electors' choices so the elector can confirm the ballot's accuracy and that may be manually counted. See Montana Code 13-1-101
Wireless provider: means an entity that is authorized by the federal communications commission to provide facilities-based commercial mobile radio service within this state. See Montana Code 10-4-101