Terms Used In Montana Code > Title 7 > Chapter 6 - Financial Administration and Taxation

• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• Administrator: means the administrator of the division of oil and gas conservation. See Montana Code 82-11-101
• Affected local government unit: means a local government unit that will experience a need to increase services or facilities as a result of the commencement of large-scale mineral development or within which a large-scale mineral development is located in accordance with an impact plan adopted pursuant to 90-6-307. See Montana Code 90-6-402
• 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.
• Agreement: shall mean contract and shall include renewals and alterations of a contract. See Montana Code 7-6-101
• 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.
• Animal: means any warmblooded or coldblooded animal lawfully confined for food, fur, or fiber production, agriculture and its related activities, research, testing, or education. See Montana Code 81-30-102
• Animal facility: includes a vehicle, building, structure, research facility, or premises where an animal is lawfully kept, handled, housed, exhibited, bred, or offered for sale. See Montana Code 81-30-102
• 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.
• 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
• Aquatic resources: means all beneficial uses of water, including but not limited to water quality and water supply; recreational, scenic, and aesthetic values; and fish, wildlife, and other organisms, including the prevention and management of aquatic invasive species. See Montana Code 85-1-903
• Arrest: Taking physical custody of a person by lawful authority.
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Authority: means the Montana facility finance authority created in 2-15-1815. See Montana Code 90-7-102
• Authority: means a county weather modification authority established pursuant to 85-3-411 or 85-3-413 through 85-3-415. See Montana Code 85-3-401
• Authority: means the Montana facility finance authority created in 2-15-1815. See Montana Code 90-4-1302
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• 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}
• Bequest: Property gifted by will.
• Board: means the board of oil and gas conservation provided for in 2-15-3303. See Montana Code 82-11-101
• Board: shall mean the board of county commissioners of any county in this state. See Montana Code 7-6-101
• Board: means the board of livestock provided for in 2-15-3102. See Montana Code 81-29-101
• Board: means the board of environmental review provided for in 2-15-3502. See Montana Code 82-4-103
• Board: means the board of examiners provided for in 2-15-1007. See Montana Code 90-4-602
• Board: means the board of housing created in 2-15-1814. See Montana Code 90-6-103
• Board: means the hard-rock mining impact board established in 2-15-1822. See Montana Code 90-6-402
• Board: means the board of housing provided for in 2-15-1814. See Montana Code 90-6-602
• Board of directors: means the board of directors of the resort area district. See Montana Code 7-6-1501
• Board of supervisors: means the board of supervisors of the soil and water conservation district in which the largest portion of the taxable valuation of real property of the proposed district is located. See Montana Code 85-9-103
• Bond: means any bonds, notes, debentures, interim certificates, or other evidences of financial indebtedness issued by the board pursuant to this part, including those on which interest payments are taxable and those on which interest payments are tax exempt. See Montana Code 90-6-103
• Bonds: means bonds, refunding bonds, notes, or other obligations issued by a municipality or county under the authority of this part, including without limitation short-term bonds or notes issued in anticipation of the issuance of long-term bonds or notes. See Montana Code 90-5-101
• Broadband: means a mass-market retail service by wire or radio that provides the capability to transmit data to and receive data from all or substantially all internet endpoints. See Montana Code 90-1-602
• Broadband service: means the signal transmission facilities and associated network equipment proposed to be deployed in a project area used for the provision of broadband service to residential, business, and government customers. See Montana Code 90-1-602
• Budget resolution: Legislation in the form of a concurrent resolution setting forth the budget. The budget resolution establishes various budget totals, divides spending totals into functional categories (e.g., transportation), and may include reconciliation instructions to designated committees.
• Bulk pipeline terminal: means a facility that is primarily used for storage for the marketing of petroleum products and that has a total bulk storage capacity of 50,000 gallons or more. See Montana Code 90-4-302
• Capital improvements: means improvements, land, and equipment with a useful life of 10 years or more that increase or improve the service capacity of a public facility. See Montana Code 7-6-1601
• Capital reserve account: means the account established in 90-7-317. See Montana Code 90-7-102
• Capital reserve account: means the capital reserve account provided for in 90-6-107. See Montana Code 90-6-103
• Challenge: means a contest to a proposal submitted to the department for funding on the grounds as provided for by the national telecommunications and information administration. See Montana Code 90-1-602
• Chambers: A judge's office.
• Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
• Class II injection well: means a well, as defined by the federal environmental protection agency or any successor agency, that injects fluids:

  (a)that have been brought to the surface in connection with oil or natural gas production;

  (b)for purposes of enhancing the ultimate recovery of oil or natural gas; or

  (c)for purposes of storing liquid hydrocarbons. See Montana Code 82-11-101

• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Coal: means a combustible carbonaceous rock formed from the compaction and induration of variously altered plant remains. See Montana Code 82-1-111
• Commission: means the western Montana conservation commission established in 2-15-3311. See Montana Code 85-1-903
• Commission: means the communications advisory commission established in 90-1-603. See Montana Code 90-1-602
• Commission: means the commission on community service appointed by the governor to assist in implementation of this part. See Montana Code 90-14-102
• Commissioner: means a county weather modification authority commissioner appointed pursuant to 85-3-411 or 85-3-413 through 85-3-415. See Montana Code 85-3-401
• Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
• Committee on committees: Committees formed in each party conference and responsible for nominating the party's Senators to committee membership and committee leadership positions. Nominations are subject to approval by the full party conference and to a formal vote of the Senate.
• 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 anchor institution: means an entity such as a school, library, health clinic, health center, hospital or other medical provider, public safety entity, institution of higher education, or community support organization. See Montana Code 90-1-602
• Community service: means any kind of public service that provides a benefit to the state of Montana, any of its political subdivisions, or a tribal government or that benefits disadvantaged or low-income persons, disabled persons, or senior citizens of Montana. See Montana Code 90-14-102
• Company: means a natural person, firm, partnership, corporation, association, or other entity authorized to conduct business in the state. See Montana Code 90-9-103
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Connection charge: means the actual cost of connecting a property to a public utility system and is limited to the labor, materials, and overhead involved in making connections and installing meters. See Montana Code 7-6-1601
• Consent: means agreement in fact, whether express or apparent. See Montana Code 81-30-102
• 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.
• Cost: includes the expenses related to planning, design, construction, and installation of energy conservation improvements and any administrative expenses of the department incurred in the performance of its duties under the energy conservation program. See Montana Code 90-4-602
• Cost of works: means the cost of construction, acquisition, improvement, extension, and development of works, including financing charges, interest, and professional services. See Montana Code 85-9-103
• cost-effectiveness: means that the sum of guaranteed cost savings and unguaranteed energy cost savings attributable to utility unit price escalation is equal to or greater than:

  (a)the energy performance contract financing repayment obligation, if any, each year of a finance term;

  (b)the total project cost of the cost-saving measures implemented divided by 20; or

  (c)the total project cost of the cost-saving measures implemented divided by the cost-weighted average useful life of the cost-saving measures. See Montana Code 90-4-1102

• Cost-saving measure: means a facility improvement, repair, or alteration or equipment, fixtures, or furnishings added to or used in a facility and designed to reduce energy or water consumption or operation and maintenance costs. See Montana Code 90-4-1102
• Costs: means costs allowed under 90-7-103. See Montana Code 90-7-102
• Council: means the Montana agriculture development council established in 2-15-3015. See Montana Code 90-9-103
• Court: means the district court of the judicial district in which the largest portion of the taxable valuation of real property of the proposed district is located and within the county in which the largest portion of the taxable valuation of real property of the proposed district is located within the judicial district. See Montana Code 85-9-103
• Credit Score: A number, roughly between 300 and 800, that measures an individual's credit worthiness. The most well-known type of credit score is the FICO score. This score represents the answer from a mathematical formula that assigns numerical values to various pieces of information in your credit report. ^{Source: OCC}
• Cross examine: Questioning of a witness by the attorney for the other side.
• 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.
• Dealer: means any person engaged in the petroleum business and includes petroleum dealers and liquefied petroleum dealers. See Montana Code 82-15-101
• 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 natural resources and conservation provided for in Title 2, chapter 15, part 33. See Montana Code 82-11-101
• Department: means the department of natural resources and conservation provided for in Title 2, chapter 15, part 33. See Montana Code 85-9-103
• Department: means the department of natural resources and conservation provided for in Title 2, chapter 15, part 33. See Montana Code 85-25-101
• Department: means the department of agriculture established in 2-15-3001. See Montana Code 90-9-103
• Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 82-4-103
• Department: means the department of labor and industry provided for in Title 2, chapter 15, part 17. See Montana Code 82-15-101
• Department: means the department of natural resources and conservation. See Montana Code 85-1-903
• Department: means the department of administration. See Montana Code 90-1-602
• Department: means the department of natural resources and conservation provided for in Title 2, chapter 15, part 33. See Montana Code 90-2-1103
• Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 90-4-602
• Department: means the department of environmental quality provided for in 2-15-3501. See Montana Code 90-4-1102
• Department: means the department of commerce provided for in Title 2, chapter 15, part 18. See Montana Code 90-6-103
• Dependent: A person dependent for support upon another.
• Deprive: means to:

  (a)withhold an animal or other property from the owner permanently or for such a period of time that a major portion of the value or enjoyment of the animal or property is lost to the owner;

  (b)restore the animal or other property only upon payment of reward or other compensation; or

  (c)dispose of an animal or other property in a manner that makes recovery of the animal or property by the owner unlikely. See Montana Code 81-30-102

• Development: means construction, renovation, or installation of a building or structure, a change in use of a building or structure, or a change in the use of land when the construction, installation, or other action creates additional demand for public facilities. See Montana Code 7-6-1601
• Devise: To gift property by will.
• Director: means the person appointed by the governor as the community service director to administer and coordinate the provisions of this part. See Montana Code 90-14-102
• Directors: means the board of directors of a conservancy district. See Montana Code 85-9-103
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Distributor: means any person, private corporation, partnership, producer, individual proprietorship, public utility, joint operating agency, or cooperative that engages in or is authorized to engage in the activity of generating, producing, transmitting, or distributing energy in this state. See Montana Code 90-4-302
• District: means a conservancy district. See Montana Code 85-9-103
• District: means a district that is established under this part by a local government and that lies within the local government's jurisdictional boundaries. See Montana Code 90-4-1302
• Docket: A log containing brief entries of court proceedings.
• Donor: The person who makes a gift.
• Educational loan: means a loan made pursuant to a federal loan program, except for a federal parent loan for undergraduate students (PLUS) loan, as provided in 20 U. See Montana Code 90-9-103
• Educational loan servicer: means an entity that engages for compensation or gain from another or on its own behalf, in the business of:

  (a)receiving any scheduled periodic payments from a borrower pursuant to the terms of an educational loan;

  (b)applying the payments of principal and interest and other payments with respect to the amounts received from a borrower, as may be required pursuant to the terms of an educational loan; and

  (c)performing other administrative services with respect to an educational loan. See Montana Code 90-9-103

• Effective consent: means consent by the owner or by a person legally authorized to act for the owner. See Montana Code 81-30-102
• Elector: means a person qualified to vote under 85-9-421. See Montana Code 85-9-103
• 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}
• Eligible facility: means any eligible facility as defined in 90-7-104. See Montana Code 90-7-102
• Eligible provider: means an entity that:

  (a)has authorization to do business in the state; and

  (b)has demonstrated that it has the technical, financial, and managerial resources and experience to provide broadband service or other communications service to customers in the state. See Montana Code 90-1-602

• Eligible veteran: means an individual who is a Montana resident and who:

  (a)is or has been a member of the Montana national guard;

  (b)is or has been a member of the federal reserve forces of the armed forces of the United States, serving pursuant to Title 10 of the United States Code;

  (c)is serving or has served on federal active duty pursuant to Title 10 of the United States Code;

  (d)is an unremarried spouse of an individual who was otherwise an eligible veteran and was killed in the line of duty;

  (e)is an eligible veteran as defined by the board pursuant to 90-6-605(2); or

  (f)if previously a member of the armed forces, was discharged under honorable conditions. See Montana Code 90-6-602

• Employee-owned enterprise: means a business corporation that:

  (a)requires that at least a majority of its employees:

  (i)are vested with stock in the enterprise and all of whose vested employees are entitled to vote; and

  (ii)own a majority of the shares which must be voted so that the vote of a majority of the employees control the vote of a majority of shares;

  (b)requires that voting rights on corporate matters for shares held in trust for the employees pass through to those employees at least to the extent required by the voting requirements of section 409(e) of the Internal Revenue Code of 1986, as amended;

  (c)provides vested employees the right to vote on corporate matters, including merger, consolidation, recapitalization, reclassification, liquidation, dissolution, or sale; and

  (d)requires that at least a majority of the members of the board of directors is elected by the employees of the enterprise. See Montana Code 90-5-303

• Energy: means petroleum or other liquid fuels, natural or synthetic fuel gas, or electricity. See Montana Code 90-4-302
• Energy conservation measure: means a permanent cost-effective energy improvement fixed to real property, including new construction, and intended to decrease energy or water consumption and demand, including a product, device, or interacting group of products or devices on the customer's side of the meter that uses energy technology to generate electricity, provide thermal energy, or regulate temperature. See Montana Code 90-4-1302
• Energy conservation program: means a program for the financing, acquisition, construction, and installation of alternative energy systems, as defined in 15-32-102, or equipment, systems, and improvements in state-owned buildings, structures, and facilities that save energy or water. See Montana Code 90-4-602
• Energy conservation program bonds: includes all series of bonds issued to finance any portion of the energy conservation program. See Montana Code 90-4-602
• Energy conservation project: means the installation or modification of an energy conservation measure or the acquisition, installation, or improvement of a renewable energy system. See Montana Code 90-4-1302
• Energy cost savings: means the savings in utility costs to a state agency as a result of an energy conservation program. See Montana Code 90-4-602
• Energy emergency: means :

  (a)an existing or imminent domestic, regional, or national shortage of energy that will result in curtailment of essential services or production of essential goods or the disruption of significant sectors of the economy unless action is taken to conserve or limit the use of the energy form involved and the allocation of available energy supplies among users or to increase the available supply of energy; or

  (b)a price of energy that will:

  (i)result in curtailment of essential services or production of essential goods or the disruption of significant sectors of the economy; or

  (ii)impose a threat to the health or safety of those segments of the population who are most in need, as defined by their economic, social, or medical circumstances. See Montana Code 90-4-302

• Energy performance contract: means a cost-effective contract between a governmental entity and a qualified energy service provider for implementation of one or more cost-saving measures and guaranteed cost savings. See Montana Code 90-4-1102
• Energy supply alert: means a condition of energy supply on a national, regional, state, or local basis that foreseeably will affect significantly the availability of essential energy supplies within the ensuing 90-day period unless action is taken under 90-4-309 to reduce energy usage by state agencies and political subdivisions or action is taken to increase the supply of energy. See Montana Code 90-4-302
• Enhanced recovery: means the increased recovery from a pool achieved by artificial means or by the application of energy extrinsic to the pool; such artificial means or application includes pressuring, cycling, pressure maintenance, or injection into the pool of any substance or form of energy as is contemplated in secondary recovery and tertiary programs but does not include the injection in a well of a substance or form of energy for the sole purpose of aiding in the lifting of fluids in the well or stimulating of the reservoir at or near the well by mechanical, chemical, thermal, or explosive means. See Montana Code 82-11-101
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• 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}
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• 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.
• Executor: A male person named in a will to carry out the decedent
• Extremely high cost per location threshold: is a subsidy cost for each location to be utilized during the proposal selection process in which a proposal may be declined if use of an alternative technology meeting the broadband, equity, access, and deployment program program's technical requirements would be less expensive. See Montana Code 90-1-602
• 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.
• Family services provider: means organizations, including nonprofit corporations, that provide human services for children and adults, including but not limited to early care services for children, youth services, health services, social services, habilitative services, rehabilitative services, preventive care, and supportive services, and training, educational, and referral activities in support of human services. See Montana Code 90-5-101
• Farmer: means a person who:

  (a)is engaged in agricultural activities, including ranching, at a farm;

  (b)participates in the day-to-day operations of a farm; and

  (c)is the primary owner of an agricultural operation, including an heir, a successor, or an assignee of the operation. See Montana Code 90-9-103

• Federally insured mortgage: means a mortgage loan for land development or residential housing insured or guaranteed by the United States or a governmental agency or instrumentality of the United States or a commitment by the United States or a governmental agency or instrumentalities of the United States to insure a mortgage. See Montana Code 90-6-103
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Female: means a member of the human species who, under normal development, has XX chromosomes and produces or would produce relatively large, relatively immobile gametes, or eggs, during her life cycle and has a reproductive and endocrine system oriented around the production of those gametes. See Montana Code 1-1-201
• Feral swine: means a hog, boar, or pig that appears to be untamed, undomesticated, or in a wild state or appears to be contained for commercial hunting or trapping. See Montana Code 81-29-101
• Fiduciary: A trustee, executor, or administrator.
• Field: means the general area underlaid by one or more pools. See Montana Code 82-11-101
• Finance term: means the length of time for repayment of funds borrowed for an energy performance contract. See Montana Code 90-4-1102
• Financially feasible: means that adequate funds are available to complete the project as approved. See Montana Code 90-2-1103
• First-time home buyer: means an individual determined by the board to be a first-time home buyer pursuant to rules adopted by the board. See Montana Code 90-6-602
• 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.
• Fluid: means any material or substance that flows or moves, whether in a semisolid, liquid, sludge, gas, or any other form or state. See Montana Code 82-11-101
• 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}
• Fraud: Intentional deception resulting in injury to another.
• Fund: shall mean , unless otherwise expressed, the government project fund to be established pursuant to 7-6-105. See Montana Code 7-6-101
• Gas: means all natural gases and all other fluid hydrocarbons, including methane gas or any other natural gas found in any coal formation, as produced at the wellhead and not defined as oil in subsection (3). See Montana Code 82-1-111
• Germane: On the subject of the pending bill or other business; a strict standard of relevance.
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Governing body: shall mean the commission, board, body, or persons in which the powers of a subdivision as a body corporate or otherwise are vested. See Montana Code 7-6-101
• Governing body: means the legislative authority of a local government, by whatever name designated. See Montana Code 7-6-1101
• Governing body: means the elected body responsible for the administration of a local government. See Montana Code 7-6-4002
• Governing body: means the legislative authority of a local government. See Montana Code 90-4-1302
• Governing body: means the board or body in which the general legislative powers of the municipality or county are vested. See Montana Code 90-5-101
• Governmental agency: means any department, division, public corporation, public agency, political subdivision, or other public instrumentality of the state, the federal government, any other state or public agency, or any two or more of the entities listed in this subsection. See Montana Code 90-6-103
• Governmental entity: means a county, city, town, or consolidated government. See Montana Code 7-6-1601
• Governmental entity: means :

  (a)a department, board, commission, institution, or branch of state government;

  (b)a county, consolidated city-county government, city, town, or school district;

  (c)a special district, as defined in 2-2-102;

  (d)the university system or a unit of the university system; or

  (e)a community college district. See Montana Code 90-4-1102

• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Grantor: The person who establishes a trust and places property into it.
• Ground water assessment steering committee: means the committee established by 2-15-1523. See Montana Code 85-2-903
• Ground water characterization program: means a program to systematically assess and document the hydrogeology and quality of the state's major aquifers. See Montana Code 85-2-903
• Ground water characterization study: means the assessment of individual aquifers in specific areas within the state. See Montana Code 85-2-903
• Ground water monitoring program: means a program to produce and maintain a long-term record of ground water chemistry and water level changes, based on information collected from a statewide network of observation wells. See Montana Code 85-2-903
• Guarantee period: means the period of time from the effective date of the contract until guaranteed cost savings are achieved in accordance with 90-4-1114(5). See Montana Code 90-4-1102
• Guaranteed cost savings: means a guaranteed annual measurable monetary reduction in utility and operating and maintenance costs for each year of a guarantee period resulting from cost-saving measures. See Montana Code 90-4-1102
• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• 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.
• 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.
• Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
• High-cost area: means an unserved area in which the cost of building out broadband service is fiscally imprudent, and the area contains no less than 80% of unserved broadband-serviceable locations. See Montana Code 90-1-602
• Housing development: means single-family homes, multifamily projects, housing for the elderly projects, nursing home projects, personal-care projects, and any work or undertaking financed in whole or in part under this part for the primary purpose of acquiring, constructing, or rehabilitating accommodations for persons or families of lower income in need of housing. See Montana Code 90-6-103
• Housing development costs: means the sum total of all costs incurred in a housing development approved by the board as reasonable and necessary, including but not limited to:

  (a)cost of land acquisition and any buildings on the land, including payments for options, deposits, or contracts to purchase properties on the proposed housing development site or payments for the purchase of properties;

  (b)cost of site preparation, demolition, and clearing;

  (c)architectural, engineering, legal, accounting, corporation, and other fees paid or payable in connection with the planning, execution, and financing of the housing development and the finding of an eligible mortgagee or mortgagees for the housing development;

  (d)cost of necessary studies, surveys, plans, and permits;

  (e)insurance, interest, financing, tax and assessment costs, and other operating and carrying costs during construction;

  (f)cost of construction, rehabilitation, reconstruction, fixtures, furnishings, equipment, machinery, apparatus, and similar facilities related to the real property;

  (g)cost of land improvements, including landscaping and offsite improvements, whether or not the costs have been paid in cash or in a form other than cash;

  (h)necessary expenses in connection with initial occupancy of the housing development;

  (i)a reasonable profit and risk fee in addition to job overhead to the general contractor and, if applicable, a limited-profit housing sponsor;

  (j)an allowance established by the board for working capital and contingency reserves and reserves for any anticipated operating deficits during construction and initial occupancy;

  (k)cost of other items, including tenant relocation, that the board determines to be reasonable and necessary for the housing development, less any net rents and other net revenue received from the operation of the real and personal property on the development site during the construction. See Montana Code 90-6-103

• Housing sponsor: means individuals, joint ventures, partnerships, limited partnerships, trusts, firms, associations, corporations, governmental agencies, limited-profit housing sponsors, nonprofit corporations, or other legal entities or any combination of the entities listed in this subsection that are:

  (a)approved by the board;

  (b)qualified to either own, construct, acquire, rehabilitate, operate, manage, or maintain a housing development;

  (c)subject to the rules of the board and other terms and conditions set forth in this part. See Montana Code 90-6-103

• Impact fee: means any charge imposed upon development by a governmental entity as part of the development approval process to fund the additional service capacity required by the development from which it is collected. See Montana Code 7-6-1601
• Impeachment: (1) The process of calling something into question, as in "impeaching the testimony of a witness." (2) The constitutional process whereby the House of Representatives may "impeach" (accuse of misconduct) high officers of the federal government for trial in the Senate.
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Infrastructure: means tangible facilities and assets related to water, sewer, wastewater treatment, storm water, solid waste and utilities systems, fire protection, ambulance and law enforcement, roads, bridges, and other transportation needs. See Montana Code 7-6-1501
• Infrastructure projects: means :

  (i)drinking water systems;

  (ii)wastewater treatment;

  (iii)sanitary sewer or storm sewer systems;

  (iv)solid waste disposal and separation systems, including site acquisition, preparation, or monitoring; or

  (v)bridges. See Montana Code 90-6-701

• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Institution: means any public or private:

  (i)nonprofit hospital, corporation, or other organization authorized to provide or operate an eligible facility in this state;

  (ii)nonprofit prerelease center, corporation, or other organization authorized to operate a prerelease center in this state; or

  (iii)for-profit or nonprofit corporation or other organization authorized to provide for or to operate a project or a facility with qualified small issue bond financing pursuant to section 144(a) of the Internal Revenue Code, 26 U. See Montana Code 90-7-102

• Institution of higher education: means any private, nonprofit corporation or institution within the state of Montana:

  (a)authorized to provide or operate educational facilities; and

  (b)providing a program of education beyond the high school level. See Montana Code 90-5-101

• 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}
• Investment-grade energy audit: means a study of energy or water usage of a public building performed by a qualified energy service provider utilizing a professional engineer licensed in the state of Montana. See Montana Code 90-4-1102
• irrigable land: means :

  (1)land that can receive irrigation water and is classified as irrigable by the district or the United States government; or

  (2)land decreed as taxable acreage under 85-7-1841 through 85-7-1845. See Montana Code 85-7-2205

• Irrigation district: means a district created pursuant to Title 85, chapter 7, part 1. See Montana Code 85-7-1402
• Issuer: means the board of commissioners of an irrigation district or a board of control created pursuant to Title 85, chapter 7, part 16. See Montana Code 85-7-1402
• Joint resolution: A legislative measure which requires the approval of both chambers.
• Judgement: The official decision of a court finally determining the respective rights and claims of the parties to a suit.
• Judicial officers: means justices of the supreme court, judges of the district courts, justices of the peace, municipal judges, and city judges. See Montana Code 1-1-202
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Jurisdictional revenue disparity: means property tax revenues resulting from a large-scale hard-rock mineral development that are inequitably distributed among affected local government units as finally determined by the board in an approved impact plan. See Montana Code 90-6-402
• Juror: A person who is on the jury.
• Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legacy: A gift of property made by will.
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• Lending institution: means any public or private entity or governmental agency approved by the board maintaining an office in this state and authorized by law to make or participate in making residential mortgages in the state. See Montana Code 90-6-103
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Library: means the state library provided for in 22-1-201. See Montana Code 90-15-102
• Lien: A claim against real or personal property in satisfaction of a debt.
• Liquefied petroleum dealer: means a dealer engaged, directly or indirectly, in the business of delivering or distributing to a consumer or of selling or offering or advertising for sale or refining or manufacturing or keeping for sale in this state any petroleum product composed predominantly of any of the following hydrocarbons or mixtures of hydrocarbons: propane, propylene, butanes (normal butane or isobutane), and butylenes but excluding prepackaged liquefied petroleum products. See Montana Code 82-15-101
• Liquefied petroleum product: means a product composed predominantly of any of the following hydrocarbons or mixtures of hydrocarbons: propane, propylene, butanes (normal butane or isobutane), and butylenes. See Montana Code 82-15-101
• Liquefied petroleum product container: means a container approved by the American society of mechanical engineers that can hold 110 gallons or more of a liquefied petroleum product. See Montana Code 82-15-101
• 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 7-6-1101
• Local government: has the meaning provided in 7-6-602. See Montana Code 7-6-4002
• Local government: means a county, city, town, or a consolidated city-county. See Montana Code 90-4-1302
• Local government: means an incorporated city or town, a county, a consolidated local government, a tribal government, a county or multicounty water, sewer, or solid waste district, or an authority as defined in 75-6-304. See Montana Code 90-6-701
• Luxuries: means any gift item, luxury item, or other item normally sold to the public or to transient visitors or tourists. See Montana Code 7-6-1501
• 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
• Male: means a member of the human species who, under normal development, has XY chromosomes and produces or would produce small, mobile gametes, or sperm, during his life cycle and has a reproductive and endocrine system oriented around the production of those gametes. See Montana Code 1-1-201
• Matching funds: means the funds received by the loan or grant recipient from private, federal, state, or commodity checkoff funds and contributed by the recipient in support of a loan or grant application in an amount that is at least equal to the funds disbursed to the recipient by the council. See Montana Code 90-9-103
• Measurement and verification: means the methodology, measurements, inspections, and mathematical calculations to determine utility consumption before and after an energy performance contract is implemented. See Montana Code 90-4-1102
• Medical supplies: means items that are sold to be used for curative, prosthetic, or medical maintenance purposes, whether or not prescribed by a physician. See Montana Code 7-6-1501
• Medicine: means substances sold for curative or remedial properties, including both physician prescribed and over-the-counter medications. See Montana Code 7-6-1501
• Mineral: means mineral as defined in 82-4-203. See Montana Code 82-4-103
• Mineral: means any precious stones or gems, gold, silver, copper, coal, lead, petroleum, natural gas, oil, uranium, or other nonrenewable merchantable products extracted from the surface or subsurface of the state of Montana. See Montana Code 90-2-1103
• Mineral development: means exploration, extraction, processing, or other activity related to the production of a mineral. See Montana Code 90-2-1103
• 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
• Mislabeled: means a package label or dispensing device of a product that bears any statement, design, or device regarding the product or regarding ingredients or substances in the product or regarding the properties, quality, or kind of products that is false or misleading in any manner. See Montana Code 82-15-101
• Montana coal endowment fund: means the coal severance tax infrastructure endowment fund established in 17-5-703(1)(b). See Montana Code 90-6-701
• Montana coal endowment program: means the local government infrastructure investment program established in subsection (1). See Montana Code 90-6-701
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgage: means a mortgage or deed of trust or other security device. See Montana Code 90-5-101
• Mortgage: means a mortgage deed, deed of trust, or other instrument that constitutes a valid lien on real property in fee simple or on a leasehold under a lease having a remaining term at the time that the mortgage is acquired that does not expire for at least that number of years beyond the maturity date of the obligation secured by the mortgage established by the board as necessary to protect its interest as mortgagee. See Montana Code 90-6-103
• Mortgage: means a mortgage as defined in 90-6-103. See Montana Code 90-6-503
• Mortgage loan: A loan made by a lender to a borrower for the financing of real property. ^{Source: OCC}
• Mortgage loan: means an interest-bearing obligation secured by a mortgage on land and improvements in the state. See Montana Code 90-6-103
• Mortgage loan: means a loan for the purchase of real property with any improvements located within this state that is to be used for residential purposes and that is based upon a written instrument approved by a federal agency and that is written in the form of a trust indenture. See Montana Code 90-6-602
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Mortgagee: means the holder of a mortgage or its assignee. See Montana Code 90-6-503
• Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
• Mortgagor: means a person:

  (a)who is of lower income as determined by the board. See Montana Code 90-6-503

• Municipality: means an incorporated city or town. See Montana Code 7-6-4002
• Municipality: means any incorporated city or town in the state. See Montana Code 90-5-101
• National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
• National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) ^{Source: OCC}
• Natural heritage program: means a program of information acquisition, storage, and retrieval for data relating to the flora, fauna, and biological community types of Montana. See Montana Code 90-15-102
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Notice: means :

  (a)oral or written communication by the owner or someone with apparent authority to act for the owner;

  (b)fencing or other enclosure obviously designed to exclude intruders or to contain animals; or

  (c)a sign or signs posted on the property or at the entrance to a building that are reasonably likely to come to the attention of intruders and that indicate that entry is forbidden. See Montana Code 81-30-102

• 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.
• Oil: means crude petroleum oil and other hydrocarbons, regardless of gravity, that are produced at the wellhead in liquid form by ordinary production methods and that are not the result of condensation of gas before or after it leaves the reservoir. See Montana Code 82-1-111
• Operation: means all of the premises, facilities, railroad loops, roads, power lines, and equipment used in the process of producing and removing mineral from a designated strip-mine or underground-mine area. See Montana Code 82-4-103
• Operation and maintenance cost savings: means a measurable decrease in operation and maintenance costs as a direct result of cost-saving measures calculated using baseline operation and maintenance costs. See Montana Code 90-4-1102
• Operator: means a person who intends to operate a new strip mine or new underground mine involving the removal of more than 10,000 cubic yards of mineral or overburden. See Montana Code 82-4-103
• Oral argument: An opportunity for lawyers to summarize their position before the court and also to answer the judges' questions.
• Ordinance: means an ordinance or resolution of the local government. See Montana Code 7-6-1101
• Oversight: Committee review of the activities of a Federal agency or program.
• Owner: means a person who has:

  (a)title to the property; or

  (b)lawful possession of the property. See Montana Code 81-30-102

• Owner: means the person who has the right to drill into and produce from a pool and to appropriate the oil or gas the person produces from a pool either for the person or others or for the person and others, and the term includes all persons holding that authority by or through the person with the right to drill. See Montana Code 82-11-101
• Owner: means a person:

  (a)who is listed with the American society of mechanical engineers or with the manufacturer as owner by the serial number of the liquefied petroleum product container;

  (b)who holds a written bill of sale or other instrument under which title to a liquefied petroleum product container was transferred; or

  (c)who holds a paid invoice showing purchase of and payment for a liquefied petroleum product container. See Montana Code 82-15-101

• Owners: means the person or persons who appear as owners of record of the legal title to real property according to the county records, whether the title is held beneficially or in a fiduciary capacity, except that a person holding a title for purposes of security is not an owner and the owner for security may not affect the previous title for purposes of this chapter. See Montana Code 85-9-103
• Participating financial institution: means a corporate lender or other loan originator approved by the board for originating and servicing loans pursuant to this part. See Montana Code 90-6-602
• Participating institution: means an institution that undertakes the financing, refunding, or refinancing of obligations on the construction or acquisition of an eligible facility pursuant to the provisions of this chapter. See Montana Code 90-7-102
• Participating state agency: means , for a state-owned building, structure, or facility, the state agency that pays for the utilities for that building. See Montana Code 90-4-602
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
• Person: means an individual, state agency, corporation, association, nonprofit corporation, joint-stock company, firm, trust, partnership; two or more persons having a joint or common interest; or some other legal entity. See Montana Code 81-30-102
• Person: means any natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, or other representative of any kind and includes any agency or instrumentality of the state or any governmental subdivision of the state. See Montana Code 82-11-101
• Person: means a natural person, firm, partnership, cooperative, association, public or private corporation, including the state of Montana or the United States, foundation, state agency or institution, county, municipality, district or other political subdivision of the state, federal agency or bureau, or any other legal entity. See Montana Code 85-9-103
• person: as used in this part , shall mean any individual, corporation, partnership, joint venture, trust or other entity capable of owning real property in Montana. See Montana Code 82-1-301
• Person: means a person, partnership, corporation, association, or other legal entity or any political subdivision or agency of the state. See Montana Code 82-4-103
• Person: means an individual, trust, estate, partnership, corporation, joint-stock company, firm, agency, association, or any receiver appointed by law. See Montana Code 82-15-101
• Person: means an individual, partnership, joint venture, private or public corporation, cooperative, association, firm, public utility, political subdivision, municipal corporation, government agency, joint operating agency, or any other entity, public or private, however organized. See Montana Code 90-4-302
• Person: means an individual, corporation, partnership, firm, association, cooperative, limited liability company, limited liability partnership, or any other similar entity. See Montana Code 90-4-1102
• Person: means an individual, firm, partnership, association, corporation, unincorporated joint venture, or trust that is organized, permitted, or existing under the laws of this state or any other state, including a federal corporation, or a combination of individuals, firms, partnerships, associations, corporations, unincorporated joint ventures, or trusts. See Montana Code 90-4-1302
• 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
• Persons and families of lower income: means persons and families with insufficient personal or family income or other financial resources who require assistance under this part, as determined by the board, taking into consideration:

  (a)the amount of the total personal and family income, assets, and other financial resources available for housing needs;

  (b)the size of the family;

  (c)the eligibility of persons and families under federal housing assistance of any type based on lower income or a functional or physical disability;

  (d)the ability of persons and families to compete successfully in the normal housing market and to pay the amount at which private enterprise is providing decent, safe, and sanitary housing;

  (e)the availability and cost of housing in particular areas; and

  (f)needs of particular persons or families because of age or physical disabilities. See Montana Code 90-6-103

• Petroleum pipeline company: means a person who owns or operates in Montana any pipeline used for the transportation of petroleum products or their derivatives. See Montana Code 90-4-302
• Petroleum products: means propane, butane, propane/butane mix, motor gasoline, kerosene and other middle distillates, aviation gasoline, jet fuel, number 4 fuel oil, residual fuel oil, and alcohol fuels, whether in natural or synthetic form. See Montana Code 90-4-302
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• 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: shall mean any agency or unit of this state which now is or hereafter shall be authorized to levy taxes or empowered to cause taxes to be levied. See Montana Code 7-6-101
• Pollution: means contamination or other alteration of the physical, chemical, or biological properties of any state waters that exceeds that permitted by state water quality standards or standards adopted by the board, including but not limited to the disposal, discharge, seepage, drainage, infiltration, flow, or injection of any liquid, gaseous, solid, or other substance into any state waters that will or is likely to create a nuisance or render the waters harmful, detrimental, or injurious to public health, recreation, safety, welfare, livestock, wild animals, birds, fish, or other wildlife. See Montana Code 82-11-101
• Pool: means an underground reservoir containing a common accumulation of oil or gas or both; each zone of a structure which is completely separated from any other zone in the same structure is a pool, as that term is used in this chapter. See Montana Code 82-11-101
• Possession: means actual care, custody, control, or management. See Montana Code 81-30-102
• 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.
• Preparatory work: means all onsite disturbances, excluding prospecting, associated with the initiation of a new strip mine or underground mine, including but not limited to the construction of railroad spurs or loops, buildings to house mining operations, roads, storage and train load-out facilities, transmission lines, erection of draglines and loading shovels, and other associated facilities. See Montana Code 82-4-103
• 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.
• Prime petroleum supplier: means the person who makes the first sale of a petroleum product into the state distribution system. See Montana Code 90-4-302
• Printing: means the act of reproducing a design on a surface by any process. See Montana Code 1-1-203
• Probate: Proving a will
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• Producer: means the owner of a well or wells capable of producing oil or gas or both. See Montana Code 82-11-101
• program: means a program established in accordance with this part. See Montana Code 90-4-1302
• program: means the program created in 90-6-603. See Montana Code 90-6-602
• Program: means the Montana community service program, which includes all of the volunteer projects established under this part. See Montana Code 90-14-102
• Project: shall mean any resettlement project or rural rehabilitation project for resettlement purposes of the United States or any other lands formerly upon the tax rolls and purchased by the United States and used for resettlement, rehabilitation, or grazing purposes, located within this state or any political subdivision thereof, and shall include the persons inhabiting, occupying, or using any lands so owned or acquired by the United States. See Montana Code 7-6-101
• Project: means a proposed deployment of broadband service infrastructure set forth in a proposal for funding authorized under this part. See Montana Code 90-1-602
• Project: means a planned and coordinated action or series of actions addressing an objective consistent with the policy and purpose of the reclamation and development grants program. See Montana Code 90-2-1103
• Project: means :

  (a)any land, any building or other improvement, and any other real or personal property considered necessary in connection with the improvement, whether or not now in existence, that must be suitable for use for commercial, manufacturing, agricultural, or industrial enterprises;

  (b)recreation or tourist facilities;

  (c)local, state, and federal governmental facilities;

  (d)multifamily housing, hospitals, long-term care facilities, community-based facilities for individuals who are persons with developmental disabilities as defined in 53-20-102, or medical facilities;

  (e)higher education facilities;

  (f)electric energy generation facilities;

  (g)family services provider facilities;

  (h)any facilities that are used or considered necessary to create or produce any intangible item, as defined in section 197(d)(1)(C)(iii) of the Internal Revenue Code, 26 U. See Montana Code 90-5-101

• Project area: means a shapefile area in an unserved or underserved area where the proposed broadband service infrastructure would be built as described in a proposal for funding authorized under this part. See Montana Code 90-1-602
• Property: means real and personal property. See Montana Code 1-1-205
• Proportionate share: means that portion of the cost of capital system improvements that reasonably relates to the service demands and needs of the project. See Montana Code 7-6-1601
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public benefits: means those benefits that accrue to citizens as a group and enhance the common well-being of the people of Montana. See Montana Code 90-2-1103
• Public facilities: means :

  (a)a water supply production, treatment, storage, or distribution facility;

  (b)a wastewater collection, treatment, or disposal facility;

  (c)a transportation facility, including roads, streets, bridges, rights-of-way, traffic signals, and landscaping;

  (d)a storm water collection, retention, detention, treatment, or disposal facility or a flood control facility;

  (e)a police, emergency medical rescue, or fire protection facility; and

  (f)other facilities for which documentation is prepared as provided in 7-6-1602 that have been approved as part of an impact fee ordinance or resolution by:

  (i)a two-thirds majority of the governing body of an incorporated city, town, or consolidated local government; or

  (ii)a unanimous vote of the board of county commissioners of a county government. See Montana Code 7-6-1601

• 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 resources: means the natural resources of the state, including air, water, soil, minerals, vegetation, and fish and wildlife, and the economic, social, and cultural conditions of Montana citizens. See Montana Code 90-2-1103
• Qualified energy service provider: means a person included on the department's list of qualified energy service providers. See Montana Code 90-4-1102
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Real property: means a privately owned commercial or industrial facility, covered multifamily housing accommodation as defined in 49-2-305(6), or agricultural property. See Montana Code 90-4-1302
• Real property: means lands, tenements, hereditaments, and possessory title to public lands. See Montana Code 1-1-205
• Recess: A temporary interruption of the legislative business.
• Record owner: means the person or persons possessing the most recent fee title as shown by the records of the county clerk and recorder. See Montana Code 90-4-1302
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Refiner: means a person that owns, operates, or controls the operations of one or more refineries located in Montana. See Montana Code 90-4-302
• Refinery: means an industrial plant, regardless of capacity, that processes fossil or renewable feedstock or manufactures refined petroleum products, except when the plant exclusively produces petrochemicals. See Montana Code 90-4-302
• Rehabilitation: means the repair, reconstruction, or improvement of an existing structure to provide decent, safe, and sanitary housing or to conform housing with state or local health, building, fire prevention, and safety codes as determined by the board. See Montana Code 90-6-103
• 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.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Renewable energy: has the meaning provided in 15-24-3102. See Montana Code 90-4-1302
• Research facility: means a place, laboratory, institution, medical care facility, elementary school, high school, college, or university at which a scientific test, experiment, or investigation involving the use of a living animal is lawfully carried out, conducted, or attempted. See Montana Code 81-30-102
• Resident: means an individual who maintains a permanent place of abode within Montana and who has not established a residence elsewhere even though the individual may be temporarily absent from the state. See Montana Code 90-6-602
• Resort area: means an area that:

  (a)is an unincorporated area and is a defined contiguous geographic area;

  (b)has a population of less than 2,500 according to the most recent federal census;

  (c)derives more than 50% of its economic well-being from businesses catering to the recreational and personal needs of persons traveling to or through the area for purposes not related to their income production and excluding economic activity from health care, schools, government, and other services that primarily benefit residents; and

  (d)has been designated by the department of commerce as a resort area not more than 2 years prior to its establishment by the county commissioners as provided in 7-6-1508. See Montana Code 7-6-1501

• Resort area district: means a district created under 7-6-1532 through 7-6-1536, 7-6-1539 through 7-6-1544, 7-6-1546 through 7-6-1548, and 7-6-1550 that has been established as a resort area under 7-6-1508. See Montana Code 7-6-1501
• Resort community: means a community that:

  (a)is an incorporated municipality;

  (b)has a population of less than 5,500 according to the most recent federal census;

  (c)derives more than 50% of its economic well-being related to current employment from businesses catering to the recreational and personal needs of persons traveling to or through the municipality for purposes not related to their income production and excluding economic activity from health care, schools, government, and other services that primarily benefit residents; and

  (d)has been designated by the department of commerce as a resort community not more than 2 years before the petition of the electors or resolution of the governing body. See Montana Code 7-6-1501

• Responsible person: means a person who is determined by the board under 82-10-402 to have abandoned an oil or gas well, injection well, disposal well, water source well, drill site, sump, seismographic shot hole, or other area where oil and gas drilling and production operations were conducted. See Montana Code 82-11-101
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Revenue: means , with respect to eligible facilities, the rents, fees, charges, interest, principal repayments, and other income received or to be received by the authority from any source on account of the eligible facilities. See Montana Code 90-7-102
• Revenues: means any fees, charges, rates, rents, or lease payments. See Montana Code 85-7-1402
• Reverse annuity mortgage loan: means a loan in which loan proceeds are advanced to the mortgagor to provide a monthly tax-free cash payment for 10 years. See Montana Code 90-6-503
• sale: includes barter and exchange. See Montana Code 82-15-101
• Service of process: The service of writs or summonses to the appropriate party.
• Services: shall mean such public and municipal functions as are performed for property in and persons residing within a political subdivision. See Montana Code 7-6-101
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Several: means two or more. See Montana Code 1-1-201
• Sex: means the organization of the body parts and gametes for reproduction in human beings and other organisms. See Montana Code 1-1-201
• Shapefile: means a GIS file format for storing, depicting, and analyzing geospatial data depicting broadband coverage. See Montana Code 90-1-602
• Single-family dwelling: means a one- to four-family living unit. See Montana Code 90-6-503
• State: means the state of Montana. See Montana Code 90-9-103
• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
• State agency: means :

  (a)each executive, legislative, or judicial branch department, office, or agency;

  (b)the university system; and

  (c)a community college district. See Montana Code 90-4-602

• State waters: means any body of water, either surface or underground. See Montana Code 82-11-101
• 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.
• Strip mining: means any part of the process followed in the production of mineral by the opencut method, including mining by the auger method or any similar method that penetrates a mineral deposit and removes mineral directly through a series of openings made by a machine that enters the deposit from a surface excavation or any other method or process in which the strata or overburden is removed or displaced in order to recover the mineral. See Montana Code 82-4-103
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• 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.
• 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.
• 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
• 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.
• Total project cost: means the total cost of the project, including costs of the investment-grade energy audit, energy performance contract, measurement and verification, and financing. See Montana Code 90-4-1102
• 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.
• treaty: means the Columbia River treaty between Canada and the United States relating to cooperative development of the water resources of the Columbia River basin. See Montana Code 85-25-101
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Tribal government: means a federally recognized Indian tribe within the state of Montana. See Montana Code 90-6-701
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• trust fund: means the trust fund created pursuant to Article IX, section 5, of the Montana constitution. See Montana Code 90-6-602
• Trust indenture: has the meaning provided in 71-1-303. See Montana Code 90-6-602
• Trustee: A person or institution holding and administering property in trust.
• Under honorable conditions: means a discharge or separation from military duty characterized by the armed forces as under honorable conditions. See Montana Code 90-6-602
• Underground mining: means any part of the process that is followed in the production of a mineral and that uses vertical or horizontal shafts, slopes, drifts, or incline planes connected with excavations penetrating the mineral stratum or strata. See Montana Code 82-4-103
• Underserved area: means a location or area that is not an unserved location and that lacks access to broadband service offered with a speed of not less than 100 megabits per second for downloads, a speed of not less than 20 megabits per second for uploads, and latency less than or equal to 100 milliseconds. See Montana Code 90-1-602
• Undertaking: means any one or a combination of the following:

  (a)water sources, water rights, irrigation canals, irrigation systems, including pumping facilities or gravity measure systems, reservoirs, reservoir sites, or small power production facilities that are:

  (i)certified as such by the federal energy regulatory commission; and

  (ii)are associated with federal reclamation projects;

  (b)any real or personal property or water rights related to or necessary to provide, operate, and maintain an undertaking listed in subsection (4)(a). See Montana Code 85-7-1402

• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• United States: shall mean the United States of America. See Montana Code 7-6-101
• United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
• Unserved area: means a broadband-serviceable location or area that has no access to broadband service or lacks service offered with a speed of not less than 25 megabits per second for downloads, a speed of not less than 3 megabits per second for uploads, and a latency less than or equal to 100 milliseconds. See Montana Code 90-1-602
• Unserved service project: means a project in which not less than 80% of broadband-serviceable locations served by the project are unserved locations. See Montana Code 90-1-602
• Usage: means a reasonable and lawful public custom concerning transactions of the same nature as those which are to be affected thereby, existing at the place where the obligation is to be performed, and either known to the parties or so well established, general, and uniform that the parties must be presumed to have acted with reference thereto. See Montana Code 1-1-206
• User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
• Usual: means according to usage. See Montana Code 1-1-206
• Utility cost savings: means expenses for utilities that are eliminated or avoided on a long-term basis as a result of equipment installed or modified or services performed by a qualified energy service provider. See Montana Code 90-4-1102
• Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
• Verdict: The decision of a petit jury or a judge.
• 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
• Volunteer: means a person performing services under this part for an association, not-for-profit corporation, hospital, school, or state, local, or tribal governmental entity without compensation, except that partial or full reimbursement may be made for actual expenses incurred. See Montana Code 90-14-102
• warrant: includes a check and an electronic funds transfer. See Montana Code 7-6-4501
• Waste: means :

  (i)physical waste, as that term is generally understood in the oil and gas industry;

  (ii)the inefficient, excessive, or improper use of or the unnecessary dissipation of reservoir energy;

  (iii)the location, spacing, drilling, equipping, operating, or producing of any oil or gas well or wells in a manner which causes or tends to cause reduction in the quantity of oil or gas ultimately recoverable from a pool under prudent and proper operations or which causes or tends to cause unnecessary or excessive surface loss or destruction of oil or gas; and

  (iv)the inefficient storing of oil or gas. See Montana Code 82-11-101

• 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
• Working capital: means the current assets of a fund minus the current liabilities and designated reserves of a fund. See Montana Code 7-6-4002
• Works: means all property, rights, easements, franchises, and other facilities, including but not limited to land, reservoirs, dams, canals, dikes, ditches, pumping units, mains, pipelines, waterworks systems, recreational facilities, facilities for fish and wildlife, and facilities to control and correct pollution. See Montana Code 85-9-103
• 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