Terms Used In Montana Code > Title 2 > Chapter 6 > Part 11 - Executive Branch Records

• Affiliate: means a subsidiary of which more than 50% of the voting stock is owned directly by the parent corporation or another member of the Montana combined group. See Montana Code 15-31-1003
• Alternative energy system: means the generation system or equipment used to convert energy sources into usable sources using fuel cells that do not require hydrocarbon fuel, geothermal systems, low-emission wood or biomass, wind, photovoltaics, geothermal, small hydropower plants under 1 megawatt, and other recognized nonfossil forms of energy generation. See Montana Code 15-32-102
• 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.
• 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
• Base investment: means the amount expended by a production company as production expenditures and compensation incurred in this state that are directly used in a state-certified production. See Montana Code 15-31-1003
• Building: means :

  (a)a single or multiple dwelling, including a mobile home or manufactured home; or

  (b)a building used for commercial, industrial, or agricultural purposes that is enclosed with walls and a roof. See Montana Code 15-32-102

• Capital investment: means any material or equipment purchased and installed in a building or land with or without improvements. See Montana Code 15-32-102
• Compensation: means Montana wages, salaries, commissions, payments to a loan-out company subject to the provisions of subsection (3)(c), union benefits, fringe benefits, and any other form of remuneration paid to employees for personal services performed in this state. See Montana Code 15-31-1003
• Constitutional officer: means the governor, lieutenant governor, attorney general, secretary of state, superintendent of public instruction, or auditor, who are the constitutionally designated and elected officials of the executive branch of government. See Montana Code 2-6-1002
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Energy conservation purpose: means one or both of the following results of an investment:

  (a)reducing the waste or dissipation of energy; or

  (b)reducing the amount of energy required to accomplish a given quantity of work. See Montana Code 15-32-102

• 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.
• Executive branch agency: means a department, board, commission, office, bureau, or other public authority of the executive branch of state government. See Montana Code 2-6-1002
• Fiduciary: A trustee, executor, or administrator.
• Fraud: Intentional deception resulting in injury to another.
• Game platform: means the electronic delivery system used to launch or play an interactive game. See Montana Code 15-31-1003
• Game sequel: means an interactive game that builds on the theme of a previously released interactive game, is distinguished by a new title, and features objectives or characters that are recognizably different from those in the original game. See Montana Code 15-31-1003
• Historic record: means a public record found by the state archivist to have permanent administrative or historic value to the state. See Montana Code 2-6-1002
• Inorganic fertilizer produced as a byproduct: means enriched mine tailings, kiln dust, and reject rock that have been processed for use in increasing soil condition and fertility and includes soil amendments as that term is defined in 80-10-101. See Montana Code 15-32-302
• 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.
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Loan-out company: means a personal service company contracted with and retained by a production company to provide individual personnel who are not employees of the production company, including actors, directors, producers, writers, production designers, production managers, costume designers, directors of photography, editors, casting directors, first assistant directors, second unit directors, stunt coordinators, and similar personnel, for performance of services used directly in a qualified production activity. See Montana Code 15-31-1003
• Local government: means a city, town, county, consolidated city-county, special district, or school district or a subdivision of one of these entities. See Montana Code 2-6-1002
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Multimarket commercial distribution: means paid commercial distribution that extends to markets outside the state. See Montana Code 15-31-1003
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Organic fertilizer: means raw organic matter that has been processed and aged for use in increasing soil condition and fertility and includes soil amendments as that term is defined in 80-10-101. See Montana Code 15-32-302
• 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.
• Passive solar system: means a direct thermal energy system that uses the structure of a building and its operable components to provide heating or cooling during the appropriate times of the year by using the climate resources available at the site. See Montana Code 15-32-102
• Permanent record: means a public record designated for long-term or permanent retention. See Montana Code 2-6-1002
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Postproduction company: means a company that:

  (i)maintains a business location physically located in this state;

  (ii)is engaged in qualified postproduction activities;

  (iii)meets the requirements of 15-31-1005(4); and

  (iv)has been approved by the department of commerce to claim the credit provided for in 15-31-1009. See Montana Code 15-31-1003

• 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.
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Production company: means a company primarily engaged in qualified production activities that have been approved by the department of commerce. See Montana Code 15-31-1003
• Production expenditure: means a preproduction or production expenditure incurred in Montana that is directly used for a qualified production activity including:

  (i)set construction and operation;

  (ii)wardrobes, makeup, accessories, and related services;

  (iii)costs associated with photography and sound synchronization expenditures, excluding license fees, incurred with Montana companies for sound recordings and musical compositions, lighting, or related services and materials;

  (iv)editing and related services;

  (v)rental of facilities and equipment;

  (vi)leasing of vehicles, whether to be photographed or to transport people, equipment, or materials;

  (vii)lodging costs, including hotel rooms and private housing rentals paid for by the production company;

  (viii)per diem and living allowance paid to staff, cast, and crew members;

  (ix)digital, film, or tape editing, film processing, transfers of film to tape or digital format, sound mixing, computer graphics services, special effects services, visual effects services, and animation services;

  (x)airfare, if purchased through a Montana travel agency or travel company;

  (xi)insurance costs and bonding, if purchased through a Montana insurance agency; and

  (xii)other direct costs of producing the project in accordance with generally accepted entertainment industry practices and generally accepted accounting principles. See Montana Code 15-31-1003

• Property: means real and personal property. See Montana Code 1-1-205
• Public record: means public information that is:

  (a)fixed in any medium and is retrievable in usable form for future reference; and

  (b)designated for retention by the state records committee, judicial branch, legislative branch, or local government records committee. See Montana Code 2-6-1002

• Qualified production: means a new film, video, or digital project including only feature films, series for theaters, television, or streaming, pilots, movies and scripted shows made for television or streaming, televised commercial advertisements, music videos, corporate videos, industrial films, production for website creation, television specials, sports events, video games, interactive entertainment, prereleased interactive games, and sound recording projects used in a feature film, series, pilot, or movie for television. See Montana Code 15-31-1003
• Qualified production activity: means the production of a new film, video, or digital project in this state and approved by the department of commerce, including only feature films, series for theaters, television, or streaming, pilots, movies and scripted shows made for television or streaming, televised commercial advertisements, music videos, corporate videos, industrial films, production for website creation, television specials, sports events, video games, interactive entertainment, prereleased interactive games, and sound recording projects used in a feature film, series, pilot, or movie for television. See Montana Code 15-31-1003
• Raw organic matter: means unprocessed plant or animal waste products. See Montana Code 15-32-302
• Recognized nonfossil forms of energy generation: means :

  (a)a system that captures energy or converts energy sources into usable sources, including electricity, by using:

  (i)solar energy, including passive solar systems;

  (ii)wind;

  (iii)solid waste;

  (iv)the decomposition of organic wastes;

  (v)geothermal;

  (vi)fuel cells that do not require hydrocarbon fuel; or

  (vii)an alternative energy system;

  (b)a system that produces electric power from biomass or solid wood wastes; or

  (c)a small system that uses water power by means of an impoundment that is not over 20 acres in surface area. See Montana Code 15-32-102

• Records manager: means an individual designated by a public agency to be responsible for coordinating the efficient and effective management of the agency's public records and information. See Montana Code 2-6-1002
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Resident: has the meaning provided in 15-30-2101. See Montana Code 15-31-1003
• 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
• State records committee: means the state records committee provided for in 2-6-1107. See Montana Code 2-6-1002
• State-certified production: means a production engaged in qualified production activities and certified by the department of commerce as provided in 15-31-1004. See Montana Code 15-31-1003
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Underserved area: means a county in this state in which 14% or more people of all ages are in poverty as determined by the U. See Montana Code 15-31-1003
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• Writing: includes printing. See Montana Code 1-1-203