Terms Used In Montana Code > Title 7 > Chapter 4 - Officers and Employees

• Account: means an arrangement under a terms-of-service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user. See Montana Code 72-31-402
• Accounting period: means a calendar year unless another 12-month period is selected by a fiduciary. See Montana Code 72-34-422
• Accreditation: means a certificate issued by the department that permits a person to work in an asbestos-related occupation. See Montana Code 75-2-502
• Adequate municipal facilities: means municipally, publicly, or privately owned facilities that supply water, treat sewage, or dispose of solid waste for all or most properties within the boundaries of a municipality and that are operating in compliance with Title 75, chapters 5 and 6, including development plans approved by the department pursuant to 75-6-130. See Montana Code 76-4-102
• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• Adult: means an individual who is at least 18 years of age. See Montana Code 72-17-102
• Adult: means an individual who has attained the age of 21 years. See Montana Code 72-26-502
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affected property: means the property owned by or under the control of an owner that is affected by a coal-fired generating unit, including:

  (i)land, surface water, or ground water directly affected by the coal-fired generating unit, associated impoundments, disposal and waste operations, buildings, structures, or other improvements or operations infrastructure; and

  (ii)areas affected by activities necessary to the closure and dismantling of the coal-fired generating unit. See Montana Code 75-8-103

• 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
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Agency: means any office, board, bureau, commission, or department operated by a local government. See Montana Code 7-4-502
• Agent: means an individual:

  (a)authorized to make health care decisions on the principal's behalf by a power of attorney for health care; or

  (b)expressly authorized to make an anatomical gift on the principal's behalf by any other record signed by the principal. See Montana Code 72-17-102

• Agent: means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact, or otherwise. See Montana Code 72-31-302
• Agent: means an attorney-in-fact granted authority under a durable or nondurable power of attorney. See Montana Code 72-31-402
• Agricultural activity: means a condition or activity that provides an annual gross income of not less than $1,500 or that occurs on land classified as agricultural or forest land for taxation purposes. See Montana Code 76-2-902
• Allegation: something that someone says happened.
• 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.
• Amortization: Paying off a loan by regular installments.
• Anatomical gift: means a donation of all or part of a human body to take effect upon or after death for the purposes of transplantation, therapy, research, or education. See Montana Code 72-17-102
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• 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.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Applicable legal obligations: means any applicable state or federal environmental laws, including but not limited to the Montana Water Quality Act, rules regarding disposal of coal combustion residuals from electric utilities, the Montana Major Facility Siting Act, and other applicable laws administered by the department in accordance with Title 75. See Montana Code 75-8-103
• Applicant: means a person who submits plans and specifications for approval pursuant to this part. See Montana Code 75-6-102
• Applicant: means any person presenting notice of a project to the supervisors. See Montana Code 75-7-103
• Appraisal: A determination of property value.
• 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.
• Artificial obstruction: means any obstruction that is not a natural obstruction and includes any dam, wall, riprap, embankment, levee, dike, pile, abutment, projection, revetment, excavation, channel rectification, bridge, conduit, culvert, building, refuse, automobile body, fill, or other analogous structure or matter in, along, across, or projecting into any flood plain or floodway that may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by the water, or that is placed where the natural flow of the water would carry the same downstream to the damage or detriment of either life or property. See Montana Code 76-5-103
• Asbestos: means asbestiform varieties of chrysotile, amosite, crocidolite, anthophyllite, tremolite, or actinolite. See Montana Code 75-2-502
• Asbestos project: means the encapsulation, enclosure, removal, repair, renovation, placement in new construction, demolition of asbestos in a building or other structure, or the transportation or disposal of asbestos-containing waste. See Montana Code 75-2-502
• Asbestos-related occupation: means an inspector, management planner, project designer, contractor, supervisor, or worker for an asbestos project. See Montana Code 75-2-502
• Ascertainable standard: means a standard relating to an individual's health, education, support, or maintenance within the meaning of section 2041(b)(1)(A) or 2514(c)(1) of the Internal Revenue Code of 1986, as in effect on the effective date of this chapter, or as later amended. See Montana Code 72-38-103
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• 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.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Beneficiary: means a person who:

  (a)has a present or future beneficial interest in a trust, vested or contingent; or

  (b)in a capacity other than that of trustee, holds a power of appointment over trust property. See Montana Code 72-38-103

• Bequest: Property gifted by will.
• Board: means the board of environmental review provided for in 2-15-3502. See Montana Code 75-6-102
• Board: means the board of environmental review provided for in 2-15-3502. See Montana Code 75-11-203
• Board: means the board of environmental review provided for in 2-15-3502. See Montana Code 75-26-301
• Board: means the board of environmental review. See Montana Code 76-4-102
• Broker: means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person's own account or for the account of others. See Montana Code 72-26-502
• Building: has the meaning given in 18-2-101. See Montana Code 2-17-1202
• Building: means a structure or a unit of a structure with a roof supported by columns or walls for the permanent or temporary housing or enclosure of persons or property or for the operation of a business. See Montana Code 76-8-101
• Buyer: means a person who purchases or acquires wildcrafted plant material, other than materials acquired directly from the property owner, for the purposes of resale. See Montana Code 76-10-102
• Carries: means engages in the transmission of an electronic communication. See Montana Code 72-31-402
• Catalogue of electronic communications: means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person. See Montana Code 72-31-402
• CERCLA: means the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980, Public Law 96-510. See Montana Code 75-10-602
• Certificate of survey: means a drawing of a field survey prepared by a registered surveyor for the purpose of disclosing facts pertaining to boundary locations. See Montana Code 76-3-103
• Certified source water protection area: means an area certified by the department that identifies the surface and subsurface area surrounding a source of water for a public water supply system through which contaminants may move toward and reach the source of supply. See Montana Code 75-6-102
• Certifying authority: means a municipality or a county water and/or sewer district that meets the eligibility requirements established by the department under 76-4-104(7). See Montana Code 76-4-102
• Channel: means the geographical area within either the natural or artificial banks of a watercourse or drainway. See Montana Code 76-5-103
• Charitable trust: means a trust or portion of a trust created for a charitable purpose described in 72-38-405(1). See Montana Code 72-38-103
• Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
• City: includes incorporated cities and towns. See Montana Code 76-1-103
• City council: means the chief legislative body of a city or incorporated town. See Montana Code 76-1-103
• Cluster development: means a subdivision with lots clustered in a group of five or more lots that is designed to concentrate building sites on smaller lots in order to reduce capital and maintenance costs for infrastructure through the use of concentrated public services and utilities, while allowing other lands to remain undeveloped. See Montana Code 76-3-103
• Coal-fired generating unit: means an individual unit of a coal-fired electrical generating facility located in Montana, where the unit has a generating capacity that is greater than or equal to 200 megawatts. See Montana Code 75-8-103
• Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
• Commercial or industrial activities: means those activities generally recognized as commercial or industrial by zoning authorities in this state, except that none of the following activities are considered commercial or industrial:

  (a)agricultural, forestry, grazing, farming, and related activities, including wayside fresh produce stands;

  (b)transient or temporary activities;

  (c)activities not visible from the main-traveled way;

  (d)activities conducted in a building principally used as a residence;

  (e)railroad tracks and minor sidings;

  (f)activities more than 660 feet from the nearest edge of the right-of-way. See Montana Code 75-15-103

• Commercial production of farm products: means the growing, raising, or marketing of plants or animals by the owner, owner's agent, or lessee of land that provides an annual gross income of not less than $1,500 or that occurs on land that is classified as agricultural or forest land for taxation purposes. See Montana Code 76-2-902
• Commercial purposes: means the harvest of wildcrafted plant material for the purpose of selling, trading, or otherwise exchanging the material for profit. See Montana Code 76-10-102
• Commission: means the transportation commission of Montana. See Montana Code 75-15-103
• Committee: means the Montana rangeland resources committee selected as provided in 2-15-3305(2). See Montana Code 76-14-103
• 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.
• Community water system: means a public water supply system that serves at least 15 service connections used by year-round residents or that regularly serves at least 25 year-round residents. See Montana Code 75-6-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Composting: means the controlled biological decomposition of organic matter into humus. See Montana Code 75-10-802
• Conservator: means a person appointed or qualified by a court to act as general, limited, or temporary guardian of a minor's property or a person legally authorized to perform substantially the same functions. See Montana Code 72-26-502
• Conservator: means a person appointed by the court to administer the estate of a minor or adult individual. See Montana Code 72-38-103
• Conservator: means a person appointed by a court to manage the estate of a living individual. See Montana Code 72-31-402
• Contaminant: includes but is not limited to any element, substance, compound, or mixture, including disease-causing agents, that after release into the environment and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavioral abnormalities, cancer, genetic mutation, physiological malfunctions (including malfunctions in reproduction), or physical deformations in the organisms or their offspring. See Montana Code 75-10-602
• Contamination: means impairment of the quality of state waters by sewage, industrial waste, or other waste creating a hazard to human health. See Montana Code 75-6-102
• Continuance: Putting off of a hearing ot trial until a later time.
• 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.
• Corruptly: means a wrongful design to acquire or cause some pecuniary or other advantage to the person guilty of the act or omission referred to or to some other person. See Montana Code 1-1-204
• Costs: means the overall costs that the department may incur to provide digital government services, including the costs of contracts entered into with private entities to assist in providing digital government services. See Montana Code 2-17-1102
• Counterclaim: A claim that a defendant makes against a plaintiff.
• Court: means district court. See Montana Code 72-26-502
• Court: means the district court having jurisdiction in matters relating to the content of this part. See Montana Code 72-31-402
• Cross-connection: means a connection between a public water supply system and another water supply system, either public or private, or a wastewater or sewerline or other potential source of contamination so that a flow of water into or contamination of the public water supply system from the other source of water or contamination is possible. See Montana Code 75-6-102
• Custodial property: means :

  (a)any interest in property transferred to a custodian under this chapter; and

  (b)the income from and proceeds of that interest in property. See Montana Code 72-26-502

• Custodian: means a person so designated under 72-26-603 or a successor or substitute custodian designated under 72-26-801. See Montana Code 72-26-502
• Custodian: means a person that carries, maintains, processes, receives, or stores a digital asset of a user. See Montana Code 72-31-402
• Customary: means according to usage. See Montana Code 1-1-206
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• Decedent: means a deceased individual whose body or part is or may be the source of an anatomical gift and includes a stillborn infant or fetus. See Montana Code 72-17-102
• decommissioning: means :

  (a)except as provided in 75-26-304(2), the removal of buildings, cabling, electrical components, roads, or any other facilities associated with a wind generation or solar facility;

  (b)except as provided in 75-26-304(2), reclamation of surface lands to the previous grade and to comparable productivity in order to prevent adverse hydrologic effects; and

  (c)(i) the removal of the solar facility after the end of the facility's useful life or abandonment; or

  (ii)the removal of an aboveground wind turbine tower after the end of a wind generation facility's useful life or abandonment. See Montana Code 75-26-301

• Dedication: means the deliberate appropriation of land by an owner for any general and public use, reserving to the landowner no rights that are incompatible with the full exercise and enjoyment of the public use to which the property has been devoted. See Montana Code 76-3-103
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 72-17-102
• Department: means the department of natural resources and conservation provided for in Title 2, chapter 15, part 33. See Montana Code 76-5-103
• Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 76-7-103
• Department: means the department of administration provided for in 2-15-1001. See Montana Code 2-17-1102
• Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 75-2-502
• Department: means the department of environmental quality. See Montana Code 75-3-602
• Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 75-6-102
• Department: means the Montana department of fish, wildlife, and parks. See Montana Code 75-7-103
• Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 75-8-103
• Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 75-10-602
• Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 75-10-701
• Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 75-10-802
• Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 75-10-1401
• Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 75-10-1503
• Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 75-11-203
• Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 75-11-403
• Department: means the department of transportation. See Montana Code 75-15-103
• Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 75-26-301
• Department: means the department of environmental quality. See Montana Code 76-4-102
• Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 76-8-101
• Department: means the department of natural resources and conservation. See Montana Code 76-14-103
• Dependent: A person dependent for support upon another.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Deposition: means a written declaration under oath or affirmation, made upon notice to the adverse party for the purpose of enabling the adverse party to attend and cross-examine. See Montana Code 1-1-202
• Designated flood plain: means a flood plain whose limits have been designated pursuant to part 2 of this chapter. See Montana Code 76-5-103
• Designated floodway: means a floodway whose limits have been designated pursuant to part 2 of this chapter. See Montana Code 76-5-103
• Designated recipient: means a person chosen by a user using an online tool to administer digital assets of the user. See Montana Code 72-31-402
• Devise: To gift property by will.
• Digital asset: means an electronic record in which an individual has a right or interest. See Montana Code 72-31-402
• Director: means the director of the department. See Montana Code 75-10-701
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Disinterested witness: means a witness other than:

  (i)the spouse, child, parent, sibling, grandchild, grandparent, or guardian of the individual who makes, amends, revokes, or refuses to make an anatomical gift; or

  (ii)another adult who exhibited special care and concern for the individual. See Montana Code 72-17-102

• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• dispose: has the meaning provided in 75-10-203. See Montana Code 75-10-1003
• District: means :

  (a)a conservation district under Title 76, chapter 15, in which the project will take place;

  (b)a grass conservation district under Title 76, chapter 16, where a conservation district does not exist; or

  (c)the board of county commissioners in a county where a district does not exist. See Montana Code 75-7-103

• Division of land: means the segregation of one or more parcels of land from a larger tract held in single or undivided ownership by transferring or contracting to transfer title to a portion of the tract or properly filing a certificate of survey or subdivision plat establishing the identity of the segregated parcels pursuant to this chapter. See Montana Code 76-3-103
• Document of gift: means any of the following methods used to make an anatomical gift:

  (a)a card;

  (b)a statement attached to or imprinted on a driver's license, identification card, or donor registry;

  (c)a will or other writing; or

  (d)a witnessed oral statement. See Montana Code 72-17-102

• Donee: The recipient of a gift.
• Donor: The person who makes a gift.
• Donor: means an individual whose body or part is the subject of an anatomical gift. See Montana Code 72-17-102
• Donor registry: means a database that contains records of anatomical gifts and amendments to or revocations of anatomical gifts. See Montana Code 72-17-102
• Drainage: means rainfall, surface, and subsoil water. See Montana Code 75-6-102
• Drainway: means any depression 2 feet or more below the surrounding land serving to give direction to a current of water less than 9 months of the year and having a bed and well-defined banks. See Montana Code 76-5-103
• easement: means an easement created under this chapter that burdens an environmental control site, that runs with the land, and that is binding on the owner and subsequent owners, lessees, and other users of the land. See Montana Code 76-7-103
• Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Montana Code 72-31-302
• Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. See Montana Code 72-31-402
• Electronic communication: has the meaning set forth in 18 U. See Montana Code 72-31-402
• Electronic funds transfer: The transfer of money between accounts by consumer electronic systems-such as automated teller machines (ATMs) and electronic payment of bills-rather than by check or cash. (Wire transfers, checks, drafts, and paper instruments do not fall into this category.) ^{Source: OCC}
• Electronic-communication service: means a custodian that provides to a user the ability to send or receive an electronic communication. See Montana Code 72-31-402
• 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.
• Enucleator: means an individual who is certified pursuant to 72-17-311 to remove or process eyes or parts of eyes. See Montana Code 72-17-102
• Environment: means any surface water, ground water, drinking water supply, land surface or subsurface strata, or ambient air within the state of Montana or under the jurisdiction of the state of Montana. See Montana Code 75-10-701
• Environmental law: means a federal, state, or local law, rule, regulation, or ordinance relating to protection of the environment. See Montana Code 72-38-103
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Escheat: Reversion of real or personal property to the state when 1) a person dies without leaving a will and has no heirs, or 2) when the property (such as a bank account) has been inactive for a certain period of time. ^{Source: OCC}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• Establish: means construct, place, insert, or excavate. See Montana Code 76-5-103
• 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.
• Ex officio: Literally, by virtue of one's office.
• Examining land surveyor: means a registered land surveyor appointed by the governing body to review surveys and plats submitted for filing. See Montana Code 76-3-103
• Executor: A male person named in a will to carry out the decedent
• Extension of a public sewage system: means a sewerline that connects two or more sewer service lines to a sewer main. See Montana Code 76-4-102
• Extension of a public water supply system: means a waterline that connects two or more water service lines to a water main. See Montana Code 76-4-102
• Eye bank: means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of human eyes or portions of human eyes. See Montana Code 72-17-102
• Facilities: means public or private facilities for the supply of water or disposal of sewage or solid waste and any pipes, conduits, or other stationary method by which water, sewage, or solid wastes might be transported or distributed. See Montana Code 76-4-102
• Facility: means :

  (i)any building, structure, installation, equipment, pipe or pipeline (including any pipe into a sewer or publicly owned treatment works), well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft; or

  (ii)any site or area where a hazardous or deleterious substance has been deposited, stored, disposed of, placed, or otherwise come to be located. See Montana Code 75-10-701

• 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 public entity: means the United States of America, the United States environmental protection agency, or any other federal government agency or authority and its successors or assigns. See Montana Code 76-7-103
• Fiduciary: A trustee, executor, or administrator.
• Fiduciary: means an original, additional, or successor personal representative, conservator, agent, or trustee. See Montana Code 72-31-402
• Fiduciary: means a personal representative or a trustee. See Montana Code 72-34-422
• Fiduciary: means a trustee, executor, administrator, personal representative, custodian, conservator, guardian, or receiver acting or holding property for the exclusive benefit of another person. See Montana Code 75-10-701
• Final plat: means the final drawing of the subdivision and dedication required by this chapter to be prepared for filing for record with the county clerk and recorder and containing all elements and requirements set forth in this chapter and in regulations adopted pursuant to this chapter. See Montana Code 76-3-103
• Financial institution: means a bank, trust company, savings institution, or credit union chartered and supervised under state or federal law. See Montana Code 72-26-502
• Financial institution: means a bank as defined in 32-1-102 or other regulated lender as defined in 31-1-111(1) and (2). See Montana Code 2-17-1202
• 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.
• Flood: means the water of any watercourse or drainway that is above the bank or outside the channel and banks of the watercourse or drainway. See Montana Code 76-5-103
• Flood plain: means the area adjoining the watercourse or drainway that would be covered by the floodwater of a flood of 100-year frequency, except for sheetflood areas that receive less than 1 foot of water per occurrence and are considered "zone B" or a "shaded X zone" by the federal emergency management agency. See Montana Code 76-5-103
• Floodway: means the channel of a watercourse or drainway and those portions of the flood plain adjoining the channel that are reasonably required to carry and discharge the floodwater of any watercourse or drainway. See Montana Code 76-5-103
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Foreclosure: means acquisition of title to property through foreclosure, purchase at foreclosure sale, assignment or acquisition of title in lieu of foreclosure, repossession in the case of a lease financing transaction, or acquisition of a right to title or other agreement in full or partial settlement of a loan obligation. See Montana Code 75-10-701
• Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. ^{Source: OCC}
• Fraud: Intentional deception resulting in injury to another.
• Fund: means the environmental quality protection fund established in 75-10-704. See Montana Code 75-10-701
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• generation: means to produce infectious waste. See Montana Code 75-10-1003
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Good faith: means honesty in fact. See Montana Code 72-31-302
• governing bodies: means the governing body of any governmental unit represented on a planning board. See Montana Code 76-1-103
• Governing body: means a board of county commissioners or the governing authority of a city or town organized pursuant to law. See Montana Code 76-3-103
• Governing body: means the legislative authority of a local government. See Montana Code 7-4-502
• Governing body: means the legislative authority for a city, town, county, or consolidated city-county government. See Montana Code 76-8-101
• Governmental order: means a consent decree, judgment, decision, order, agreement, or other requirement authorized or imposed by or under any federal or state law affecting an environmental control site. See Montana Code 76-7-103
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Grant recipient: means a city, town, county, consolidated city-county, tribal government, economic development organization, nonprofit organization, or state agency that has received federal brownfields money from the environmental protection agency. See Montana Code 75-11-403
• Grantor: The person who establishes a trust and places property into it.
• Growth policy: means a comprehensive development plan, master plan, or comprehensive plan that was adopted pursuant to this chapter before October 1, 1999, or a policy that was adopted pursuant to this chapter on or after October 1, 1999. See Montana Code 76-1-103
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Guardian: means a person appointed by a court to make decisions regarding the support, care, education, health, and welfare of an individual. See Montana Code 72-17-102
• Guardian: means a person appointed by the court, by a parent, or by a spouse to make decisions regarding the support, care, education, health, and welfare of a minor or adult individual. See Montana Code 72-38-103
• Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
• Hazardous or deleterious substance: means a substance that because of its quantity, concentration, or physical, chemical, or infectious characteristics may pose an imminent and substantial threat to public health, safety, or welfare or the environment and is:

  (a)a substance that is defined as a hazardous substance by section 101(14) of the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U. See Montana Code 75-10-701

• Hazardous substance: means :

  (i)any substance designated pursuant to section 311(b)(2)(A) of the federal Water Pollution Control Act;

  (ii)any element, compound, mixture, solution, or substance designated a hazardous substance by regulations promulgated by the administrator of the federal environmental protection agency pursuant to section 102 of CERCLA;

  (iii)any hazardous waste having the characteristics identified under or listed pursuant to section 3001 of the federal Solid Waste Disposal Act (but not including any waste the regulation of which under the Solid Waste Disposal Act has been suspended by act of congress);

  (iv)any toxic pollutant listed under section 307(a) of the Federal Water Pollution Control Act;

  (v)any hazardous air pollutant listed under section 112 of the federal Clean Air Act; and

  (vi)any imminently hazardous chemical substance or mixture with respect to which the administrator of the environmental protection agency has taken action pursuant to section 7 of the federal Toxic Substances Control Act. See Montana Code 75-10-602

• Hazardous waste: means a solid waste or combination of solid wastes that because of its quantity, concentration, or physical, chemical, or infectious characteristics may:

  (a)cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness; or

  (b)pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of or otherwise managed. See Montana Code 75-10-602

• Hazardous wastes or substances: means those hazardous or toxic substances, wastes, materials, pollutants, or contaminants that are subject to regulation by federal, state, or local environmental protection laws or that are defined pursuant to 75-10-403, 75-10-602, and 75-10-702. See Montana Code 76-7-103
• Hospital: means a facility licensed, accredited, or approved under the laws of any state or a facility operated as a hospital by the United States government, a state, or a subdivision of a state. See Montana Code 72-17-102
• Household: means single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, day-use recreational areas, or similar structures or areas. See Montana Code 75-10-701
• Household cleaning product: means any product, including but not limited to soaps and detergents, used for domestic cleaning purposes, which include but are not limited to the cleaning of fabrics, dishes, food utensils, and household premises. See Montana Code 75-5-903
• Household refuse: means garbage, trash, and sanitary wastes in septic tanks that are derived from a household. See Montana Code 75-10-701
• Identification card: means an identification card issued by the department of justice. See Montana Code 72-17-102
• Immediate family: means a spouse, children by blood or adoption, and parents. See Montana Code 76-3-103
• Incapacity: means inability of an individual to manage property or business affairs because the individual:

  (a)has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or

  (b)is:

  (i)missing; or

  (ii)outside the United States and unable to return. See Montana Code 72-31-302

• Income: means money or property that a fiduciary receives as current return from a principal asset. See Montana Code 72-34-422
• Income beneficiary: means a person to whom net income of a trust is or may be payable. See Montana Code 72-34-422
• Income interest: means the right of an income beneficiary to receive all or part of net income, whether the trust requires it to be distributed or authorizes it to be distributed in the trustee's discretion. See Montana Code 72-34-422
• 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 reviewer: means a registered sanitarian or registered professional engineer that the department has certified to conduct a review under 76-4-104. See Montana Code 76-4-102
• Individual water system: means any water system that serves one living unit or commercial unit and that is not a public water supply system as defined in 75-6-102. See Montana Code 76-4-102
• Industrial waste: means any waste substance from the processes of business or industry or from the development of a natural resource, together with any sewage that may be present. See Montana Code 75-6-102
• Infectious: means capable of producing disease. See Montana Code 75-10-1003
• Infectious waste: means waste capable of producing infectious disease. See Montana Code 75-10-1003
• Information: means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like. See Montana Code 72-31-402
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Inspection: means activities to inspect all or part of an underground storage tank system, including records relating to installation, operation, maintenance, and closure to determine compliance with applicable laws and rules relating to operation and maintenance. See Montana Code 75-11-203
• Inspector: means an individual who performs inspections of underground storage tank systems. See Montana Code 75-11-203
• Installer: means an individual who installs or closes underground storage tank systems. See Montana Code 75-11-203
• Institutional control: means a restriction on the use of real property that mitigates the risk posed to public health, safety, and welfare and the environment. See Montana Code 75-10-701
• Integrated waste management: means the coordinated use of a priority of waste management methods, as specified in 75-10-804. See Montana Code 75-10-802
• Inter vivos: Transfer of property from one living person to another living person.
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Interested person: means :

  (a)the trustee;

  (b)the qualified beneficiaries who are entitled to notice; and

  (c)the attorney general if the petition is related to a charitable trust subject to the jurisdiction of the attorney general. See Montana Code 72-38-103

• Interests of the beneficiaries: means the beneficial interests provided in the terms of the trust. See Montana Code 72-38-103
• Intermediate point: means a place where infectious waste is not treated or disposed of. See Montana Code 75-10-1003
• Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
• intersection: means those areas and their approaches where traffic is channeled off or onto an interstate route, including the deceleration lanes or acceleration lanes from or to another federal, state, county, city, or other route. See Montana Code 75-15-103
• Intestate: Dying without leaving a will.
• Irrevocable trust: A trust arrangement that cannot be revoked, rescinded, or repealed by the grantor.
• Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
• Junk: means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber debris, or waste; iron, steel, and other old or scrap ferrous or nonferrous material. See Montana Code 75-15-203
• Junkyard: means any establishment or place of business which is maintained, operated, or used for storing, keeping, buying, or selling junk, excluding a motor vehicle graveyard or motor vehicle wrecking facility which is regulated under Title 75, chapter 10, part 5, and excluding a garbage dump or sanitary landfill which is regulated under Title 75, chapter 10, part 2. See Montana Code 75-15-203
• 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.
• Juror: A person who is on the jury.
• Know: means to have actual knowledge. See Montana Code 72-17-102
• 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
• Lake: means a body of standing water and the area within its lakeshore occurring naturally rather than by virtue of constructed impoundments (although a natural lake whose level is raised and whose area is increased by the construction of impoundments includes the additional level and area), having a water surface area of at least 160 acres for at least 6 months in a year of average precipitation as such averages are determined by the United States geological survey, not used exclusively for agricultural purposes, and navigable by canoes and small boats. See Montana Code 75-7-202
• Land use management techniques and incentives: include but are not limited to zoning regulations, subdivision regulations, and market incentives. See Montana Code 76-1-103
• Landowner: means an owner of a legal or equitable interest in real property. See Montana Code 76-8-101
• Landowner: means a person or entity of any nature, whether private, governmental, or quasi-governmental, and includes the landowner's agent, tenant, lessee, or occupant, a grantee of a conservation easement, a water users' association, an irrigation district, a drainage district, or persons or entities in control of property or with an agreement to use or occupy property. See Montana Code 76-10-102
• 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}
• Legal representative: means an individual's personal representative or conservator. See Montana Code 72-26-502
• 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.
• License: means a license issued by the department under 75-11-204 or 75-11-210 to conduct the inspection, installation, or closure of underground storage tank systems. See Montana Code 75-11-203
• Licensed installer: means an individual who holds a valid underground storage tank system installer license. See Montana Code 75-11-203
• Lien: A claim against real or personal property in satisfaction of a debt.
• Life estate: A property interest limited in duration to the life of the individual holding the interest (life tenant).
• Lineal descendant: Direct descendant of the same ancestors.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local government: means any city, town, county, consolidated city-county, or school district. See Montana Code 7-4-502
• Local reviewing authority: means a local department or board of health that is approved to conduct reviews under Title 76, chapter 4. See Montana Code 76-8-101
• Maintenance: means to repair, refurbish, repaint, or otherwise keep an existing sign structure in a state suitable for use. See Montana Code 75-15-103
• 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
• Mandatory income interest: means the right of an income beneficiary to receive net income that the trust requires the fiduciary to distribute. See Montana Code 72-34-422
• Manufacturer: means a business concern that owns or owned the name brand of a mercury-added thermostat sold in this state. See Montana Code 75-10-1503
• Marital deduction: The deduction(s) that can be taken in the determination of gift and estate tax liabilities because of the existence of a marriage or marital relationship.
• Maximum contaminant level: means the maximum permissible level of a contaminant in water that is delivered to a user of a public water supply system. See Montana Code 75-6-102
• Mayor: means mayor of a city. See Montana Code 76-1-103
• Mercury-added thermostat: means a product or device that uses a mercury switch to sense and control room temperature through communication with heating, ventilating, or air-conditioning equipment in residential, commercial, industrial, or other buildings. See Montana Code 75-10-1503
• Minor: means an individual who is under 18 years of age. See Montana Code 72-17-102
• Minor: means an individual who has not attained the age of 21 years. See Montana Code 72-26-502
• Minor subdivision: means a subdivision that creates five or fewer lots from a tract of record. See Montana Code 76-3-103
• Minority leader: See Floor Leaders
• Minority leader: means the leader of the minority party, elected by the caucus as provided in 5-2-221. See Montana Code 1-1-208
• 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
• Mixing zone: has the meaning provided in 75-5-103. See Montana Code 76-4-102
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Natural obstruction: means any rock, tree, gravel, or analogous natural matter that is an obstruction and has been located within the flood plain or floodway by a nonhuman cause. See Montana Code 76-5-103
• Natural resources: means land, fish, wildlife, biota, air, surface water, ground water, drinking water supplies, and any other resources within the state of Montana owned, managed, held in trust, or otherwise controlled by or appertaining to the state of Montana or a political subdivision of the state. See Montana Code 75-10-701
• Neighborhood plan: means a plan for a geographic area within the boundaries of the jurisdictional area that addresses one or more of the elements of the growth policy in more detail. See Montana Code 76-1-103
• Net income: means the total receipts allocated to income during an accounting period minus the disbursements made from income during the accounting period, plus or minus transfers under this chapter to or from income during the accounting period. See Montana Code 72-34-422
• Oath: A promise to tell the truth.
• Oath: includes an affirmation or declaration. See Montana Code 1-1-201
• 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.
• Online tool: means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms-of-service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person. See Montana Code 72-31-402
• Operator: means the person engaged in operating or undertaking remediation actions at a coal-fired generating unit. See Montana Code 75-8-103
• Operator: means a person in control of or having responsibility for the operation, maintenance, or management of an underground storage tank system. See Montana Code 75-11-203
• Ophthalmologist: means a licensed physician or surgeon who specializes in the treatment or correction of diseases of the eye. See Montana Code 72-17-102
• Organ procurement organization: means a person designated by the secretary of the United States department of health and human services as an organ procurement organization. See Montana Code 72-17-102
• Orphan share: means the percentage share of remedial action costs for a facility that is attributable, under the procedures in 75-10-742 through 75-10-751, to identified but bankrupt or defunct persons who are not an affiliate of any viable person, unless affiliated by stock ownership. See Montana Code 75-10-701
• Orphan share fund: means the fund for the orphan share account established in 75-10-743. See Montana Code 75-10-701
• Other jurisdictional entity: means the federal government or a tribal government. See Montana Code 76-10-102
• Other waste: means garbage, municipal refuse, decayed wood, sawdust, shavings, bark, lime, sand, ashes, offal, night soil, oil, grease, tar, heat, chemicals, dead animals, sediment, wrecked or discarded equipment, radioactive materials, solid waste, and all other substances that may pollute state waters. See Montana Code 75-6-102
• Outdoor advertising: means any outdoor sign, display, light, device, figure, painting, drawing, message, plaque, poster, billboard, or other structure that is designed, intended, or used to advertise or inform and that is visible from any place on the main-traveled way of the interstate or primary systems. See Montana Code 75-15-103
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means any person who has dominion over, control of, or title to an obstruction. See Montana Code 76-5-103
• Owner: means a person who has a legal or equitable interest in property subject to this part or the person's legal representative. See Montana Code 75-8-103
• Owner: means a person who owns an underground storage tank system used for the storage, use, or dispensing of regulated substances. See Montana Code 75-11-203
• Owner: means a person who owns a wind generation or solar facility used for the generation of electricity. See Montana Code 75-26-301
• Owns or operates: means owning, leasing, operating, managing activities at, or exercising control over the operation of a facility. See Montana Code 75-10-701
• Parent: means a parent whose parental rights have not been terminated. See Montana Code 72-17-102
• Part: means an organ, tissue, eye, bone, artery, blood, fluid, or other portion of a human body. See Montana Code 72-17-102
• 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
• Permissible distributee: means a beneficiary who is currently eligible to receive distributions of trust income or principal, whether mandatory or discretionary, or who holds a presently exercisable power of appointment over trust property. See Montana Code 72-38-103
• Person: means an individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, joint venture, association, limited liability company, public corporation, instrumentality, or any other legal or commercial entity. See Montana Code 72-17-102
• Person: means an individual, corporation, organization, or other legal entity. See Montana Code 72-26-502
• Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity. See Montana Code 72-38-103
• Person: means any individual, firm, or corporation. See Montana Code 76-1-103
• Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Montana Code 72-31-302
• Person: means an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity. See Montana Code 72-31-402
• Person: means an individual, partnership, corporation, sole proprietorship, firm, enterprise, franchise, association, state or municipal agency, political subdivision of the state, or any other entity. See Montana Code 75-2-502
• Person: means an individual, partnership, corporation, sole proprietorship, firm, enterprise, franchise, association, consultant, state or municipal agency, political subdivision of the state, or any other entity. See Montana Code 75-3-602
• Person: means an individual, firm, partnership, company, association, corporation, city, town, local government entity, federal agency, or any other governmental or private entity, whether organized for profit or not. See Montana Code 75-6-102
• Person: means any individual, corporation, firm, partnership, association, or other legal entity not covered under 87-5-502. See Montana Code 75-7-103
• Person: means an individual, partnership, corporation, association, or other legal entity or any political subdivision of the state or federal government. See Montana Code 75-8-103
• Person: means an individual, trust, firm, joint-stock company, joint venture, consortium, commercial entity, partnership, association, corporation, commission, state or state agency, political subdivision of the state, interstate body, or the federal government, including a federal agency. See Montana Code 75-10-701
• Person: means an individual, firm, partnership, company, association, corporation, city, town, local government entity, federal agency, or any other governmental or private entity, whether organized for profit or not. See Montana Code 75-10-1003
• Person: means an individual, firm, trust, estate, partnership, company, association, corporation (whether organized for profit or not), city, town, local governmental entity, or any other governmental or private entity. See Montana Code 75-11-203
• Person: means an individual, firm, trust, estate, partnership, company, association, joint-stock company, syndicate, consortium, commercial entity, corporation, state government agency, or local government. See Montana Code 75-11-403
• Person: means an individual person, corporation, business trust, estate, partnership, association, joint venture, government in its private or public capacity, governmental subdivision or agency, or any other legal entity. See Montana Code 75-16-102
• Person: means any individual, firm, partnership, company, association, corporation, city, town, or local governmental entity or any other state, federal, or private entity, whether organized for profit or not. See Montana Code 75-26-301
• Person: includes an individual, partnership, association, corporation, and any other body or group of persons, whether incorporated or not and regardless of the degree of formal organization. See Montana Code 76-10-102
• Person: means any individual or association, partnership, corporation, or other business entity. See Montana Code 76-14-103
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Personal property: All property that is not real property.
• Personal property: means money, goods, chattels, things in action, and evidences of debt. See Montana Code 1-1-205
• Personal representative: means an executor, administrator, successor personal representative, or special administrator of a decedent's estate or a person legally authorized to perform substantially the same functions. See Montana Code 72-26-502
• Personal representative: means an executor, administrator, special administrator, or person that performs substantially the same function under law of this state other than this part. See Montana Code 72-31-402
• Petroleum brownfields sites: means real property where the expansion, redevelopment, or reuse is or may be complicated by the presence or perceived presence of petroleum contamination. See Montana Code 75-11-403
• Petroleum product: includes gasoline, crude oil (except for crude oil at production facilities subject to regulation under Title 82), fuel oil, diesel oil or fuel, lubricating oil, oil sludge or refuse, and any other petroleum-related product or waste or fraction of the product or waste that is liquid at standard conditions of temperature and pressure (60 degrees F and 14. See Montana Code 75-10-701
• Petroleum tank release site: means a site where there has been a release from a petroleum storage tank and assessment, remediation, or both are being pursued in accordance with Title 75, chapter 11, part 3. See Montana Code 75-11-403
• Phased development: means a subdivision application and preliminary plat that at the time of submission consists of independently platted development phases that are scheduled for review on a schedule proposed by the subdivider. See Montana Code 76-3-103
• Phosphorus: means the element phosphorus as indicated in the periodic table of elements. See Montana Code 75-5-903
• Physical branch: means a physical location of a financial institution that accepts deposits from Montana citizens and businesses. See Montana Code 2-17-1202
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Planned unit development: means a land development project consisting of residential clusters, industrial parks, shopping centers, or office building parks that compose a planned mixture of land uses built in a prearranged relationship to each other and having open space and community facilities in common ownership or use. See Montana Code 76-3-103
• Planning board: means a city planning board, a county planning board, or a joint city-county planning board. See Montana Code 76-1-103
• Plat: means a graphical representation of a subdivision showing the division of land into lots, parcels, blocks, streets, alleys, and other divisions and dedications. See Montana Code 76-3-103
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Political subdivision: means any incorporated city or town or any county organized and having authority to adopt and enforce land use regulations. See Montana Code 76-5-103
• Pollution: means contamination or other alteration of the physical, chemical, or biological properties of state waters that exceeds that which is permitted by Montana water quality standards, including but not limited to standards relating to change in temperature, taste, color, turbidity, or odor or the discharge or introduction of a liquid, gaseous, solid, radioactive, or other substance into state water that will or is likely to create a nuisance or render the waters harmful, detrimental, or injurious to public health, recreation, safety, or welfare, to livestock, or to wild animals, birds, fish, or other wildlife. See Montana Code 75-6-102
• Postconsumer material: means only those paper products generated by a consumer that have served their intended end uses and have been separated or diverted from the solid waste stream. See Montana Code 75-10-802
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Power of attorney: means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used. See Montana Code 72-31-302
• Power of attorney: means a record that grants an agent authority to act in the place of a principal. See Montana Code 72-31-402
• Power of withdrawal: means a presently exercisable general power of appointment other than a power:

  (a)exercisable by a trustee and limited by an ascertainable standard; or

  (b)exercisable by another person only upon consent of the trustee or a person holding an adverse interest. See Montana Code 72-38-103

• 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.
• Preliminary plat: means a neat and scaled drawing of a proposed subdivision showing the layout of streets, alleys, lots, blocks, and other elements of a subdivision that furnish a basis for review by a governing body. See Montana Code 76-3-103
• President: means the president of the United States. See Montana Code 75-10-602
• 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 system: means that portion of connected main highways as officially designated or as may be designated by the commission and approved by the secretary pursuant to the provisions of Title 23, United States Code, "Highways". See Montana Code 75-15-103
• Principal: means an individual who grants authority to an agent in a power of attorney. See Montana Code 72-31-302
• Principal: means an individual who grants authority to an agent in a power of attorney. See Montana Code 72-31-402
• Principal county: as used in this part means the county in which all or the greatest portion of the land of a district is situated. See Montana Code 76-15-521
• Principal place of administration: means the usual place in which the day-to-day activity of the trust is carried on by the trustee or its representative who is primarily responsible for the administration of the trust unless otherwise designated by the terms of the trust as provided in 72-38-108. See Montana Code 72-38-103
• Printing: means the act of reproducing a design on a surface by any process. See Montana Code 1-1-203
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Procurement organization: means an eye bank, organ procurement organization, or tissue bank. See Montana Code 72-17-102
• Program: means a system for the collection, transportation, recycling, and disposal of out-of-service mercury-added thermostats that is financed, as well as managed or provided, by a manufacturer or collectively with other manufacturers. See Montana Code 75-10-1503
• Project: means a physical alteration or modification that results in a change in the state of a natural, perennial-flowing stream or river, its bed, or its immediate banks. See Montana Code 75-7-103
• Property: means anything that may be the subject of ownership, whether real or personal, legal or equitable, or any interest therein. See Montana Code 72-38-103
• Property: means anything that may be the subject of ownership, whether real or personal, or legal or equitable, or any interest or right therein. See Montana Code 72-31-302
• Property: means land, roads, water, watercourses, and private ways. See Montana Code 76-10-102
• Property: means real and personal property. See Montana Code 1-1-205
• Proposed drainfield mixing zone: means a mixing zone submitted for approval under this chapter after March 30, 2011. See Montana Code 76-4-102
• Proposed well isolation zone: means a well isolation zone submitted for approval under this chapter after October 1, 2013. See Montana Code 76-4-102
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Prospective donor: means an individual who is dead or near death and has been determined by a procurement organization to have a part that could be medically suitable for transplantation, therapy, research, or education. See Montana Code 72-17-102
• Protected person: means an individual for whom a conservator has been appointed. See Montana Code 72-31-402
• Public agency: means a department, commission, council, board, bureau, committee, institution, agency, government corporation, or other entity, instrumentality, or official of the legislative, executive, or judicial branch of this state, including the board of regents and the Montana university system. See Montana Code 2-17-1202
• Public body: means the state, counties, cities, towns, and other municipalities. See Montana Code 76-7-103
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• 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 sewage disposal system: means a public sewage system as defined in 75-6-102. See Montana Code 76-4-102
• Public sewage system: means a system of collection, transportation, treatment, or disposal of sewage that serves 15 or more families or 25 or more persons daily for any 60 or more days in a calendar year. See Montana Code 75-6-102
• Public utility: has the meaning provided in 69-3-101, except that for the purposes of this chapter, the term includes county or consolidated city and county water or sewer districts as provided for in Title 7, chapter 13, parts 22 and 23, and municipal sewer or water systems and municipal water supply systems established by the governing body of a municipality pursuant to Title 7, chapter 13, parts 42, 43, and 44. See Montana Code 76-3-103
• Public water supply system: means a system for the provision of water for human consumption from a community well, water hauler for cisterns, water bottling plant, water dispenser, or other water supply that has at least 15 service connections or that regularly serves at least 25 persons daily for any 60 or more days in a calendar year. See Montana Code 75-6-102
• Public water supply system: has the meaning provided in 75-6-102. See Montana Code 76-4-102
• Qualified beneficiary: means a beneficiary who on the date the beneficiary's qualification is determined:

  (a)is a distributee or permissible distributee of trust income or principal;

  (b)would be a distributee or permissible distributee of trust income or principal if the interests of the distributees described in subsection (16)(a) terminated on that date without causing the trust to terminate; or

  (c)would be a distributee or permissible distributee of trust income or principal if the trust terminated on that date. See Montana Code 72-38-103

• Qualified private organization: means a private organization:

  (a)competent to own interests in real property;

  (b)that qualifies and holds a general tax exemption under the federal Internal Revenue Code, 26 U. See Montana Code 76-7-103

• Quorum: The number of legislators that must be present to do business.
• Radon: means any of the gaseous radioactive decay products of uranium or thorium. See Montana Code 75-3-602
• Radon progeny: means any of the radioactive decay products of radon. See Montana Code 75-3-602
• Radon-related occupation: means the occupation of any person who performs radon gas or radon progeny measurements, including sample collection, analysis, or interpretation of those measurements, or who performs radon gas or radon progeny mitigation. See Montana Code 75-3-602
• Range condition: means the current condition of the vegetation on a range site in relation to the natural potential plant community for that site. See Montana Code 76-14-103
• Range management: means a distinct discipline founded on ecological principles and dealing with the husbandry of rangelands and range resources. See Montana Code 76-14-103
• Rangeland: means land on which the native vegetation (climax or natural potential) is predominantly grasses, grasslike plants, forbs, or shrubs suitable for grazing or browsing use. See Montana Code 76-14-103
• 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
• Reasonable steps: means , as appropriate, stopping continuing releases, preventing threatened future releases, or preventing or limiting human, environmental, or natural resource exposure to earlier petroleum or petroleum product releases. See Montana Code 75-11-403
• Reasonably anticipated future uses: means likely future land or resource uses that take into consideration:

  (a)local land and resource use regulations, ordinances, restrictions, or covenants;

  (b)historical and anticipated uses of a site where a coal-fired generating unit is located;

  (c)patterns of development in the immediate area; and

  (d)relevant indications of anticipated land use from an operator or owner, or both, of a coal-fired generating unit, affected property owners, and local planning officials. See Montana Code 75-8-103

• Reasonably anticipated future uses: means likely future land or resource uses that take into consideration:

  (a)local land and resource use regulations, ordinances, restrictions, or covenants;

  (b)historical and anticipated uses of the facility;

  (c)patterns of development in the immediate area; and

  (d)relevant indications of anticipated land use from the owner of the facility and local planning officials. See Montana Code 75-10-701

• Reasonably available: means able to be contacted by a procurement organization without undue effort and willing and able to act in a timely manner consistent with existing medical criteria necessary for the making of an anatomical gift. See Montana Code 72-17-102
• Recipient: means an individual into whose body a decedent's part has been or is intended to be transplanted. See Montana Code 72-17-102
• Reclaimed wastewater: means wastewater that is treated by a public sewage system for reuse for private, public, or commercial purposes. See Montana Code 75-6-102
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Montana Code 72-17-102
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Montana Code 72-31-302
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Montana Code 72-31-402
• Recycling: means all activities involving the collection of recyclable material, including but not limited to glass, paper, or plastic; the processing of recyclables to prepare them for resale; the marketing of recovered material for use in the manufacture of similar or different products; and the purchase of products containing recycled material. See Montana Code 75-10-802
• Refusal: means a record created under 72-17-201 that expressly states an intent to bar other persons from making an anatomical gift of an individual's body or part. See Montana Code 72-17-102
• Regional authority: means any regional water authority, regional wastewater authority, or regional water and wastewater authority organized pursuant to the provisions of Title 75, chapter 6, part 3. See Montana Code 76-4-102
• Registered professional engineer: means a person licensed to practice as a professional engineer under Title 37, chapter 67. See Montana Code 76-4-102
• Registered sanitarian: means a person licensed to practice as a sanitarian under Title 37, chapter 40. See Montana Code 76-4-102
• Regulated substance: means a regulated substance as defined in 75-11-503. See Montana Code 75-11-203
• Release: means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment but excludes:

  (a)any release that results in exposure to persons solely within a workplace, with respect to a claim that persons may assert against their employer;

  (b)emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel, or pipeline pumping station engine;

  (c)(i) the release of source, byproduct, or special nuclear material from a nuclear incident, as those terms are defined in the federal Atomic Energy Act of 1954, if the release is subject to requirements with respect to financial protection established by the nuclear regulatory commission under section 170 of that act; or

  (ii)for the purposes of section 104 of CERCLA or any other response action, any release of source byproduct or special nuclear material from any processing site designated under section 102(a)(1) or 302(a) of the federal Uranium Mill Tailings Radiation Control Act of 1978; and

  (d)the normal application of fertilizer. See Montana Code 75-10-602

• Release: means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing of a hazardous or deleterious substance directly into the environment (including the abandonment or discarding of barrels, containers, and other closed receptacles containing any hazardous or deleterious substance), but excludes releases confined to the indoor workplace environment, the use of pesticides as defined in 80-8-102 when they are applied in accordance with approved federal and state labels, and the use of commercial fertilizers, as defined in 80-10-101, when applied as part of accepted agricultural practice. See Montana Code 75-10-701
• 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.
• Remedial action: means those actions consistent with a permanent remedy taken instead of or in addition to removal actions in the event of a release or threatened release of a hazardous substance into the environment that prevent or minimize the release of hazardous substances so that they do not migrate to cause substantial danger to the present or future public health or welfare or the environment. See Montana Code 75-10-602
• Remedial action: includes all notification, investigation, administration, monitoring, cleanup, restoration, mitigation, abatement, removal, replacement, acquisition, enforcement, legal action, health studies, feasibility studies, and other actions necessary or appropriate to respond to a release or threatened release. See Montana Code 75-10-701
• Remedial action contract: means a written contract or agreement entered into by a remedial action contractor with the state, or with a potentially liable person acting pursuant to an order or request issued by the department, the United States, or any federal agency, to provide a remedial action with respect to a release or threatened release of a hazardous or deleterious substance. See Montana Code 75-10-701
• Remedial action contractor: means :

  (a)any person who enters into and is carrying out a remedial action contract; or

  (b)any person who is retained or hired by a person described in subsection (22)(a) to provide services relating to a remedial action. See Montana Code 75-10-701

• Remedial action costs: means reasonable costs that are attributable to or associated with a remedial action at a facility, including but not limited to the costs of administration, investigation, legal or enforcement activities, contracts, feasibility studies, or health studies. See Montana Code 75-10-701
• Remediation: means all actions required by an applicable legal obligation directed exclusively toward achieving a degree of cleanup required in accordance with 75-8-107. See Montana Code 75-8-103
• Remote-computing service: means a custodian that provides to a user computer-processing services or the storage of digital assets by means of an electronic communications system, as defined in 18 U. See Montana Code 72-31-402
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Repurposed: means having made a significant investment in an existing wind generation or solar facility to extend the useful life of the facility by more than 5 years. See Montana Code 75-26-301
• Responsible party: means :

  (i)a person who is responsible for conducting the assessment, investigation, and cleanup at a petroleum tank release site as determined through:

  (A)a judgment rendered in a court of law or an administrative order;

  (B)an enforcement action by federal authorities or the department; or

  (C)a citizen suit, contribution action, or other third-party claim brought against the current owner of the petroleum tank release site; or

  (ii)a current owner of a petroleum tank release site who:

  (A)dispensed or disposed of petroleum or petroleum product contamination at the site;

  (B)exacerbated existing petroleum contamination at the site;

  (C)owned the site when any dispensing or disposal of petroleum by others took place; or

  (D)failed to take reasonable steps with regard to petroleum contamination at the site. See Montana Code 75-11-403

• Responsible political subdivision: means a political subdivision that has enacted land use regulations in accordance with parts 1 through 4. See Montana Code 76-5-103
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Retailer: means a person who sells thermostats of any kind directly to a consumer through a selling or distribution mechanism, including but not limited to a sale using catalogs or the internet. See Montana Code 75-10-1503
• retire: means the complete and permanent closure of a coal-fired generating unit. See Montana Code 75-8-103
• Reuse: means using a product in its original form for a purpose that is similar to or different from the purpose for which it was originally designed. See Montana Code 75-10-802
• Reviewing authority: means the department or a local department or board of health certified to conduct a review under 76-4-104. See Montana Code 76-4-102
• Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
• Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
• Safe Drinking Water Act: means 42 U. See Montana Code 75-6-102
• Sanitary restriction: means a prohibition against the erection of any dwelling, shelter, or building requiring facilities for the supply of water or the disposition of sewage or solid waste or the construction of water supply or sewage or solid waste disposal, facilities until the department has approved plans for those facilities. See Montana Code 76-4-102
• Secretary: means the secretary of the United States department of transportation. See Montana Code 75-15-103
• Seller: means a person who sells wildcrafted plant material. See Montana Code 76-10-102
• Service of process: The service of writs or summonses to the appropriate party.
• 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.
• Settlor: means a person, including a testator, who creates or contributes property to a trust. See Montana Code 72-38-103
• Several: means two or more. See Montana Code 1-1-201
• Sewage: means water-carried waste products from residences, public buildings, institutions, or other buildings, including discharge from human beings, together with ground water infiltration and surface water present. See Montana Code 75-6-102
• Sewage: has the meaning provided in 75-5-103. See Montana Code 76-4-102
• Sex: means the organization of the body parts and gametes for reproduction in human beings and other organisms. See Montana Code 1-1-201
• Sharps: means any discarded health care article that may cause punctures or cuts, including but not limited to:

  (a)broken glass that may be contaminated with blood;

  (b)needles; and

  (c)scalpel blades. See Montana Code 75-10-1003

• Sign: means , with the present intent to authenticate or adopt a record:

  (a)to execute or adopt a tangible symbol; or

  (b)to attach to or logically associate with the record an electronic symbol, sound, or process. See Montana Code 72-17-102

• Sign: means , with present intent to authenticate or adopt a record:

  (a)to execute or adopt a tangible symbol; or

  (b)to attach to or logically associate with the record an electronic sound, symbol, or process. See Montana Code 72-31-302

• site: means any site, including the surface and subsurface of the land and the surface and subsurface resources in, upon, or under the land, including, without limitation, minerals and water that may contain hazardous wastes or substances or that may require remediation, reclamation, or restoration pursuant to federal, state, or local law or regulation. See Montana Code 76-7-103
• Smelter waste: means cinders, clinker, slag, and other waste products from the reduction of ores by any means, including material that may have migrated from its original place of deposition by erosion, and that contain hazardous or deleterious substances. See Montana Code 75-10-1401
• Solar facility: means an installation or combination of solar panels or plates, including a canopy or array, that captures and converts solar radiation to produce electricity and includes flat plate, focusing solar collectors, or photovoltaic solar cells that:

  (a)has a nameplate capacity greater than or equal to 2 megawatts; and

  (b)produces electricity that is not consumed on the premises of the solar facility or on land immediately adjacent to the premises of the solar facility. See Montana Code 75-26-301

• Solid waste: has the meaning provided in 75-10-103. See Montana Code 76-4-102
• Source reduction: means the design, manufacture, purchase, or use of a material or product, including packaging, to reduce its amount or toxicity before it enters the solid waste stream. See Montana Code 75-10-802
• Source water protection program: means a program administered by the department to certify source water protection delineation and assessment reports and source water protection plans and to review source water protection ordinances. See Montana Code 75-6-102
• Special waste: means solid waste that has unique handling, transportation, or disposal requirements to ensure protection of the public health, safety, and welfare and the environment. See Montana Code 75-10-802
• Spendthrift provision: means a term of a trust that restrains both voluntary and involuntary transfer of a beneficiary's interest. See Montana Code 72-38-103
• State: means a state, territory, or possession of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Montana Code 72-17-102
• State: includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States. See Montana Code 72-26-502
• State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Montana Code 72-38-103
• State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Montana Code 72-31-302
• 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 building construction loan: means a loan from a financial institution to a public agency to finance construction of one or more buildings of the public agency, obtained pursuant to the terms and conditions of this part. See Montana Code 2-17-1202
• State coordinator: means the state coordinator for the Montana Rangeland Resources Act provided for in 2-15-3304. See Montana Code 76-14-103
• State waters: means a body of water, irrigation system, or drainage system, either surface or underground. See Montana Code 75-6-102
• 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.
• Stocks and bonds: means stocks, bonds, mutual funds, and all other types of securities and financial instruments, whether held directly, indirectly, or in any other manner. See Montana Code 72-31-302
• store: means to hold for a temporary period. See Montana Code 75-10-1003
• Stream: means any natural, perennial-flowing stream or river, its bed, and its immediate banks except a stream or river that has been designated by district rule as not having significant aquatic and riparian attributes in need of protection or preservation under 75-7-102. See Montana Code 75-7-103
• Streets: includes streets, avenues, boulevards, roads, lanes, alleys, and all public ways. See Montana Code 76-1-103
• Subdivider: means a person who causes land to be subdivided or who proposes a subdivision of land. See Montana Code 76-3-103
• Subdivision: means a division of land or land so divided that it creates one or more parcels containing less than 160 acres that cannot be described as a one-quarter aliquot part of a United States government section, exclusive of public roadways, in order that the title to the parcels may be sold or otherwise transferred and includes any resubdivision and a condominium. See Montana Code 76-3-103
• Subdivision: means a division of land or land so divided that creates one or more parcels containing less than 20 acres, exclusive of public roadways, in order that the title to or possession of the parcels may be sold, rented, leased, or otherwise conveyed and includes any resubdivision, any condominium, townhome, or townhouse, or any parcel, regardless of size, that provides two or more permanent spaces for recreational camping vehicles or mobile homes. See Montana Code 76-4-102
• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• Subscribing witness: means a person who sees a writing executed or hears it acknowledged and at the request of the party signs the person's name as a witness. See Montana Code 1-1-203
• subscription: includes the mark of a person who cannot write if the person's name is written near the mark by another person who also signs that person's own name as a witness. See Montana Code 1-1-203
• Summons: Another word for subpoena used by the criminal justice system.
• Supermajority: means :

  (a)an affirmative vote of at least two-thirds of the present and voting members of a city or town council;

  (b)a unanimous affirmative vote of the present and voting county commissioners in counties with three county commissioners;

  (c)an affirmative vote of at least four-fifths of the present and voting county commissioners in counties with five commissioners;

  (d)an affirmative vote of at least two-thirds of the present and voting county commissioners in counties with more than five commissioners; or

  (e)an affirmative vote of at least two-thirds of the present and voting members of the governing body of a consolidated city-county government. See Montana Code 76-8-101

• Supervisors: means the board of supervisors of a conservation district, the directors of a grass conservation district, or the board of county commissioners where a proposed project is not within a district. See Montana Code 75-7-103
• surgeon: means an individual licensed or otherwise authorized to practice medicine and surgery or osteopathy and surgery under the laws of any state. See Montana Code 72-17-102
• Tame pastureland: means land that has been modified by mechanical cultivation and that has current vegetation consisting of native or introduced species, or both. See Montana Code 76-14-103
• Team: means one representative of the supervisors, one representative of the department, and the applicant or the applicant's representative. See Montana Code 75-7-103
• Technician: means an individual who is certified by the state board of medical examiners to remove or process a part. See Montana Code 72-17-102
• 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.
• Terms of a trust: means :

  (a)except as otherwise provided in subsection (21)(b), the manifestation of the settlor's intent regarding a trust's provisions as:

  (i)expressed in the trust instrument; or

  (ii)established by other evidence that would be admissible in a judicial proceeding; or

  (b)the trust's provisions as established, determined, or amended by:

  (i)a trustee or trust director in accordance with applicable law;

  (ii)court order; or

  (iii)a nonjudicial settlement agreement under 72-38-111. See Montana Code 72-38-103

• Terms-of-service agreement: means an agreement that controls the relationship between a user and a custodian. See Montana Code 72-31-402
• Testator: A male person who leaves a will at death.
• Testify: Answer questions in court.
• Testify: means every mode of oral statement under oath or affirmation. See Montana Code 1-1-202
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Thermostat: means a product or device that uses a switch to sense and control room temperature through communication with heating, ventilating, or air-conditioning equipment in residential, commercial, industrial, and other buildings. See Montana Code 75-10-1503
• Third persons: means all persons who are not parties to the obligation or transaction concerning which the phrase is used. See Montana Code 1-1-206
• Tissue: means a portion of the human body other than an organ, an eye, or blood unless the blood is donated for the purpose of research or education. See Montana Code 72-17-102
• Tissue bank: means a person that is licensed, accredited, or regulated under federal or state law to engage in the recovery, screening, testing, processing, storage, or distribution of tissue. See Montana Code 72-17-102
• 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.
• Trace quantity: means an incidental amount of phosphorus that is not part of a household cleaning product formulation, that is present only as a consequence of manufacturing, and that does not exceed 0. See Montana Code 75-5-903
• Tract: means an individual parcel of land that can be identified by legal description, independent of any other parcel of land, using documents on file in the records of the county clerk and recorder's office. See Montana Code 76-8-101
• Tract of record: means an individual parcel of land, irrespective of ownership, that can be identified by legal description, independent of any other parcel of land, using documents on file in the records of the county clerk and recorder's office. See Montana Code 76-3-103
• 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.
• Transfer: means a transaction that creates custodial property under 72-26-603. See Montana Code 72-26-502
• Transferor: means a person who makes a transfer under this chapter. See Montana Code 72-26-502
• Transient noncommunity water system: means a public water supply system that is not a community water system and that does not regularly serve at least 25 of the same persons for at least 6 months a year. See Montana Code 75-6-102
• Transport: means the physical conveyance of wildcrafted plant material away from the site of wildcrafting and includes but is not limited to transportation by:

  (a)a motor vehicle designed for use on improved roadways;

  (b)a boat, barge, raft, or other water vessel; or

  (c)an airplane, helicopter, balloon, or other aircraft. See Montana Code 76-10-102

• transportation: means to move infectious waste from the point of generation to any intermediate point or to the point of ultimate treatment or disposal. See Montana Code 75-10-1003
• treatment: means to apply a method, technique, or process, including incineration, designed to render infectious waste sterile. See Montana Code 75-10-1003
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• Trust company: means a financial institution, corporation, or other legal entity authorized to exercise general trust powers. See Montana Code 72-26-502
• Trust instrument: means an instrument executed by the settlor that contains terms of the trust, including any amendments thereto. See Montana Code 72-38-103
• Trustee: A person or institution holding and administering property in trust.
• Trustee: includes an original, additional, and successor trustee and a cotrustee. See Montana Code 72-38-103
• Trustee: means a fiduciary with legal title to property under an agreement or declaration that creates a beneficial interest in another. See Montana Code 72-31-402
• underground storage tank system: means an underground storage tank, as defined in 75-11-503, and, for purposes of this part, includes ancillary equipment designed to prevent, detect, or contain a release from an underground storage tank system. See Montana Code 75-11-203
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• Unzoned commercial or industrial area: means an area not zoned by state or local law, regulation, or ordinance that is occupied by one or more commercial or industrial activities, other than outdoor advertising, on the lands along the highway for a distance of 600 feet immediately adjacent to the activities. See Montana Code 75-15-103
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• Urban area: means an urbanized area or place, as designated by the United States bureau of the census, that has a population of 5,000 or more and that is within boundaries fixed by the department. See Montana Code 75-15-103
• User: means a person that has an account with a custodian. See Montana Code 72-31-402
• Usual: means according to usage. See Montana Code 1-1-206
• Utility: means any facility used in rendering service that the public has a right to demand. See Montana Code 76-1-103
• Venue: The geographical location in which a case is tried.
• Vessel: when used in reference to shipping, includes ships of all kinds, steamboats and steamships, canal boats, and every structure adapted to be navigated from place to place. See Montana Code 1-1-207
• Viable responsible party: means a responsible party who is determined by the department in accordance with 75-11-407 to have the financial capability to conduct the assessment, investigation, or cleanup activities at a petroleum tank release site. See Montana Code 75-11-403
• Visible: means capable of being seen and legible without visual aid by a person of normal visual acuity. See Montana Code 75-15-103
• Waste reduction: means practices that decrease the weight, volume, or toxicity of material entering the solid waste management stream. See Montana Code 75-10-802
• Watercourse: means any depression 2 feet or more below the surrounding land serving to give direction to a current of water at least 9 months of the year and having a bed and well-defined banks. See Montana Code 76-5-103
• Well isolation zone: means the area within a 100-foot radius of a water well or a smaller, site-specific radius as approved by the department. See Montana Code 76-4-102
• Wholesaler: means a person engaged in the distribution and wholesale selling of heating, ventilation, and air-conditioning components to contractors who install heating, ventilation, and air-conditioning components and whose total wholesale sales account for 80% or more of total sales. See Montana Code 75-10-1503
• Wildcraft: means to collect, harvest, or separate by cutting, prying, picking, peeling, breaking, pulling, digging, splitting, or otherwise removing uncultivated plants or plant parts from their physical connection or point of contact with the ground or vegetation upon which they are growing or from the place or position where they lay for commercial purposes. See Montana Code 76-10-102
• Wildcrafted plant material: means any plant or part of any plant species that is not cultivated and that is growing wild on any lands in Montana. See Montana Code 76-10-102
• 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
• Wind generation facility: means any combination of a physically connected wind turbine or turbines, associated prime movers, and other associated property, including appurtenant land and improvements and personal property, that are normally operated together to produce electric power from wind and that have a nameplate capacity greater than or equal to 25 megawatts. See Montana Code 75-26-301
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Writ: means an order in writing issued in the name of the state or of a court or judicial officer. See Montana Code 1-1-202
• Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
• Writing: includes printing. See Montana Code 1-1-203
• Written consent of the supervisors: means a written decision of the supervisors approving a project and specifying activities authorized to be performed in completing the project. See Montana Code 75-7-103