Terms Used In Montana Code > Title 2 > Chapter 6 > Part 15 - State Agency Protection of Personal Information

• Agreement: means a signed contract that is valid under Montana law between a coal mine operator and a purchaser or broker for the sale of coal that is produced in Montana. See Montana Code 15-35-102
• 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
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Auger mining: means the method of recovering coal by boring with an auger into a coal bed prepared by strip-mining excavations or in naturally sloping terrain. See Montana Code 15-35-102
• Board: means the board of oil and gas conservation provided for in 2-15-3303. See Montana Code 15-36-303
• breach: means the unauthorized acquisition of computerized data that:

  (a)materially compromises the security, confidentiality, or integrity of the personal information maintained by a state agency or by a third party on behalf of a state agency; and

  (b)causes or is reasonably believed to cause loss or injury to a person. See Montana Code 2-6-1501

• Broker: means any person who resells Montana coal. See Montana Code 15-35-102
• Chief information security officer: means an employee at the department of administration designated by the chief information officer who is responsible for protecting the state's information assets and citizens' data by:

  (a)advising and overseeing information security strategy and programs for executive branch state agencies without elected officials;

  (b)advising and consulting information security strategy and programs for executive branch state agencies with elected officials and the legislative and judicial branches; and

  (c)advising information security strategy and programs for city, county, consolidated city-county, and local governments and for school districts, other political subdivisions, or tribal governments. See Montana Code 2-6-1501

• Coal washing: means any treatment to remove impurities from underground mined coal. See Montana Code 15-35-102
• Contract: A legal written agreement that becomes binding when signed.
• Contract sales price: means either the price of coal extracted and prepared for shipment f. See Montana Code 15-35-102
• 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.
• Department: means the department of revenue provided for in 2-15-1301. See Montana Code 15-36-303
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Energy conversion process: includes any process by which coal in the solid state is transformed into slurry, gas, electrical energy, or any other form of energy. See Montana Code 15-35-102
• Enhanced recovery project: means the use of any process for the displacement of oil from the earth other than primary recovery and includes the use of an immiscible, miscible, chemical, thermal, or biological process. See Montana Code 15-36-303
• Existing enhanced recovery project: means an enhanced recovery project that began development before January 1, 1994. See Montana Code 15-36-303
• 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.
• gas: means all natural gases, hydrocarbon gases, all forms of inert gas, and all other fluid hydrocarbons as produced at the wellhead and not defined as oil under 82-1-111. See Montana Code 15-36-303
• Horizontal drain hole: means that portion of a wellbore with 70 degrees to 110 degrees deviation from the vertical and a horizontal projection within the common source of supply, as that term is defined by the board, that exceeds 100 feet. See Montana Code 15-36-303
• Horizontally completed well: means :

  (a)a well with one or more horizontal drain holes; or

  (b)any other well classified by the board as a horizontally completed well. See Montana Code 15-36-303

• Incremental production: means :

  (a)the volume of oil produced by a new enhanced recovery project, by a well in primary recovery recompleted as a horizontally completed well, by recompletion of an existing horizontal drain hole, or by an expanded enhanced recovery project, that is in excess of the production decline rate established under the conditions existing before:

  (i)commencing the recompletion of a well as a horizontally completed well;

  (ii)expanding the existing enhanced recovery project; or

  (iii)commencing a new enhanced recovery project; or

  (b)in the case of any project that had no taxable production prior to commencing the enhanced recovery project, all production of oil from the enhanced recovery project. See Montana Code 15-36-303

• Individual: means a human being. See Montana Code 2-6-1501
• 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}
• Lien: A claim against real or personal property in satisfaction of a debt.
• New enhanced recovery project: means an enhanced recovery project that began development after December 31, 1993. See Montana Code 15-36-303
• 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.
• Oil: means crude petroleum or mineral oil and other hydrocarbons, regardless of gravity, that are produced at the wellhead in liquid form and that are not the result of condensation of gas after it leaves the wellhead. See Montana Code 15-36-303
• 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 an individual, a partnership, a corporation, an association, or a public organization of any character. See Montana Code 2-6-1501
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Personal information: means a first name or first initial and last name in combination with any one or more of the following data elements when the name and data elements are not encrypted:

  (i)a social security number;

  (ii)a driver's license number, an identification card number issued pursuant to 61-12-501, a tribal identification number or enrollment number, or a similar identification number issued by any state, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, or American Samoa;

  (iii)an account number or credit or debit card number in combination with any required security code, access code, or password that would permit access to a person's financial account;

  (iv)medical record information as defined in 33-19-104;

  (v)a taxpayer identification number; or

  (vi)an identity protection personal identification number issued by the United States internal revenue service. See Montana Code 2-6-1501

• Prepared for shipment: includes but is not limited to services such as in-mine movement, crushing, sizing, screening, storing, mixing, loading, treatment with substances including chemicals or oils, and other preparation of the coal for disposition. See Montana Code 15-35-102
• Primary recovery: means the displacement of oil from the earth into the wellbore by means of the natural pressure of the oil reservoir and includes artificial lift. See Montana Code 15-36-303
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Produced: means severed from the earth. See Montana Code 15-35-102
• producer: means a person who produces oil or natural gas within this state or who owns, controls, manages, leases, or operates within this state any well or wells from which any marketable oil or natural gas is extracted or produced. See Montana Code 15-36-303
• Production decline rate: means the projected rate of future oil or natural gas production, extrapolated by a method approved by the board, that must be determined for a project area prior to commencing a new or expanded enhanced recovery project or the recompletion of a well as a horizontally completed well or the recompletion of an existing horizontal drain hole. See Montana Code 15-36-303
• Property: means real and personal property. See Montana Code 1-1-205
• Purchaser: means a person who purchases or contracts to purchase Montana coal directly from a coal mine operator or indirectly from a broker and who utilizes that coal in any industrial, commercial, or energy conversion process. See Montana Code 15-35-102
• Qualifying production: means the first 12 months of production of oil or natural gas from a well drilled after December 31, 1998, or the first 18 months of production of oil or natural gas from a horizontally completed well drilled after December 31, 1998, or from a well that has not produced oil or natural gas during the 5 years immediately preceding the first month of qualifying production. See Montana Code 15-36-303
• Redaction: means the alteration of personal information contained within data to make all or a significant part of the data unreadable. See Montana Code 2-6-1501
• Secondary recovery project: means an enhanced recovery project, other than a tertiary recovery project, that commenced or was expanded after December 31, 1993, and meets each of the following requirements:

  (a)The project must be certified as a secondary recovery project to the department by the board. See Montana Code 15-36-303

• Security incident: means an occurrence that:

  (a)actually or potentially jeopardizes the confidentiality, integrity, or availability of an information system or the information the system processes, stores, or transmits; or

  (b)constitutes a violation or imminent threat of violation of security policies, security procedures, or acceptable use policies. See Montana Code 2-6-1501

• Several: means two or more. See Montana Code 1-1-201
• 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 agency: means an agency, authority, board, bureau, college, commission, committee, council, department, hospital, institution, office, university, or other instrumentality of the legislative or executive branch of state government. See Montana Code 2-6-1501
• Taxes paid on production: includes any tax paid to the federal, state, or local governments upon the quantity of coal produced as a function of either the volume or the value of production and does not include any tax upon the value of mining equipment, machinery, or buildings and lands, any tax upon a person's net income derived in whole or in part from the sale of coal, or any license fee. See Montana Code 15-35-102
• Tertiary recovery project: means an enhanced recovery project, other than a secondary recovery project, using a tertiary recovery method that meets the following requirements:

  (a)The project must be certified as a tertiary recovery project to the department by the board. See Montana Code 15-36-303

• Third party: means :

  (a)a person with a contractual obligation to perform a function for a state agency; or

  (b)a state agency with a contractual or other obligation to perform a function for another state agency. See Montana Code 2-6-1501

• Ton: means 2,000 pounds. See Montana Code 15-35-102
• 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
• wells: means a single well or a group of wells in one field or production unit and under the control of one operator or producer. See Montana Code 15-36-303
• Writing: includes printing. See Montana Code 1-1-203