reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 27. Electrical Generation Facility Ownership Agreements › 30-14-2702. Unfair or deceptive acts or practices -- ownership agreement

30-14-2702. Unfair or deceptive acts or practices -- ownership agreement.
(1) (a) The failure or refusal of an owner of a jointly owned electrical generation facility in the state to fund its share of operating costs associated with a jointly owned electrical generation facility is an unfair or deceptive act or practice in the conduct of trade or commerce in accordance with 30-14-103.
(b) Conduct by one or more owners of a jointly owned electrical generation facility in the state to bring about permanent closure of a generating unit of a facility without seeking and obtaining the consent of all co-owners of a generating unit is an unfair or deceptive act or practice in the conduct of trade or commerce in accordance with 30-14-103.
(2) (a) As an exclusive remedy for a violation of this section, whenever the department has reason to believe that a person is using, has used, or is about to knowingly use any method, act, or practice provided for in subsection (1) as an unfair or deceptive act or practice in the conduct of trade or commerce within the meaning of 30-14-103 and that proceeding would be in the public interest, the department may bring an action in the name of the state against the person to restrain by temporary or permanent injunction or temporary restraining order the unlawful method, act, or practice after giving appropriate notice to that person.
(b) In an action brought under this section, if the court finds that a person is willfully using or has willfully used a method, act, or practice declared unlawful by this section, the department may, on petition to the court, recover on behalf of the state a civil fine of not more than $100,000 for each violation. Each day of a continuing violation constitutes a separate offense.
(3) There is no implied private right of action for a violation of this section, either under this section or in law.
(4) All legal actions under this section must be brought in the county in which the electrical generation facility is located.
History: En. Sec. 2, Ch. 377, L. 2021.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 28. Consumer Data Privacy Act › 30-14-2801. Short title

30-14-2801. (Effective October 1, 2024) Short title.
This part may be cited as the "Consumer Data Privacy Act".
History: En. Sec. 1, Ch. 681, L. 2023.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 28. Consumer Data Privacy Act › 30-14-2803. Applicability

30-14-2803. (Effective October 1, 2024) Applicability.
The provisions of this part apply to persons that conduct business in this state or persons that produce products or services that are targeted to residents of this state and:
(1) control or process the personal data of not less than 50,000 consumers, excluding personal data controlled or processed solely for the purpose of completing a payment transaction; or
(2) control or process the personal data of not less than 25,000 consumers and derive more than 25% of gross revenue from the sale of personal data.
History: En. Sec. 3, Ch. 681, L. 2023.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 28. Consumer Data Privacy Act › 30-14-2815. De-identified data

30-14-2815. (Effective October 1, 2024) De-identified data.
(1) Any controller in possession of de-identified data shall:
(a) take reasonable measures to ensure that the de-identified data cannot be associated with an individual;
(b) publicly commit to maintaining and using de-identified data without attempting to re-identify the de-identified data; and
(c) contractually obligate any recipients of the de-identified data to comply with all provisions of this part.
(2) Nothing in this part may be construed to:
(a) require a controller or processor to re-identify de-identified data or pseudonymous data; or
(b) maintain data in identifiable form or collect, obtain, retain, or access any data or technology to be capable of associating an authenticated consumer request with personal data.
(3) Nothing in this part may be construed to require a controller or processor to comply with an authenticated consumer rights request if the controller:
(a) is not reasonably capable of associating the request with the personal data or it would be unreasonably burdensome for the controller to associate the request with the personal data;
(b) does not use the personal data to recognize or respond to the specific consumer who is the subject of the personal data or associate the personal data with other personal data about the same specific consumer; and
(c) does not sell the personal data to any third party or otherwise voluntarily disclose the personal data to any third party other than a processor, except as otherwise permitted in this section.
(4) The rights afforded under 30-14-2808(1)(a) through (1)(d) may not apply to pseudonymous data in cases in which the controller is able to demonstrate that any information necessary to identify the consumer is kept separately and is subject to effective technical and organizational controls that prevent the controller from accessing the information.
(5) A controller that discloses pseudonymous data or de-identified data shall exercise reasonable oversight to monitor compliance with any contractual commitments to which the pseudonymous data or de-identified data is subject and shall take appropriate steps to address any breaches of those contractual commitments.
History: En. Sec. 10, Ch. 681, L. 2023.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 14. Unfair Trade Practices and Consumer Protection › Part 28. Consumer Data Privacy Act › 30-14-2817. Enforcement

30-14-2817. (Effective October 1, 2024) Enforcement.
(1) The attorney general has exclusive authority to enforce violations pursuant to this part.
(2) (a) The attorney general shall, prior to initiating any action for a violation of any provision of this part, issue a notice of violation to the controller.
(b) If the controller fails to correct the violation within 60 days of receipt of the notice of violation, the attorney general may bring an action pursuant to this section.
(c) If within the 60-day period the controller corrects the noticed violation and provides the attorney general an express written statement that the alleged violations have been corrected and that no such further violations will occur, no action must be initiated against the controller.
(3) Nothing in this part may be construed as providing the basis for or be subject to a private right of action for violations of this part or any other law. (Subsection (2) terminates April 1, 2026--sec. 15, Ch. 681, L. 2023.)
History: En. Sec. 12, Ch. 681, L. 2023.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 15. Foreign-Trade Zones › Part 1. General Provisions › 30-15-101. Authority to establish, operate, and maintain a foreign-trade zone

30-15-101. Authority to establish, operate, and maintain a foreign-trade zone.
(1) The state of Montana, a local government unit, or a private or public corporation organized in Montana for the purpose of operating a foreign-trade zone in Montana may apply for the right to and, if the right is granted, establish, operate, and maintain a foreign-trade zone under 19 U.S.C. 81a through 81u.
(2) The governing body of a local government unit may contract with a private or public corporation to operate and maintain a foreign-trade zone that the local government unit has been granted the right to establish, operate, and maintain.
(3) Any activity authorized by the United States to be conducted within a foreign-trade zone may be conducted within a foreign-trade zone operated by a local government unit or Montana corporation under this section.
History: En. Sec. 1, Ch. 674, L. 1979.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 15. Foreign-Trade Zones › Part 1. General Provisions › 30-15-102. Exemption from state licensing requirements and regulations

30-15-102. Exemption from state licensing requirements and regulations.
Goods may be held within a foreign-trade zone exclusive of any license, permit, or regulation of the state or any political subdivision of the state. Such goods may be sold or traded subject to the laws of the United States.
History: En. Sec. 2, Ch. 674, L. 1979.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 15. Foreign-Trade Zones › Part 1. General Provisions › 30-15-103. Jurisdiction of state

30-15-103. Jurisdiction of state.
The state of Montana reserves jurisdiction in a foreign-trade zone in all civil and criminal matters except those related to customs, diversity suits with the requisite amount in controversy, or suits involving a federal question.
History: En. Sec. 3, Ch. 674, L. 1979.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 15. Foreign-Trade Zones › Part 1. General Provisions › 30-15-104. Taxation of corporations operating foreign-trade zones and their goods

30-15-104. Taxation of corporations operating foreign-trade zones and their goods.
Private or public corporations operating foreign-trade zones are subject to all taxes imposed upon them under the provisions of Title 15.
History: En. Sec. 4, Ch. 674, L. 1979; amd. Sec. 3, Ch. 101, L. 1985.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 16. Small Business Licensing Coordination › Part 1. General Provisions › 30-16-102. Purpose

30-16-102. Purpose.
The purposes of this chapter are to:
(1) eliminate licensing requirements, administrative procedures, and forms that are unnecessary for the protection of the public interest;
(2) streamline and minimize the total government and business costs of necessary licensing and inspection procedures;
(3) distribute equitably the costs of licensing; and
(4) provide a convenient, accessible, and timely system for the business community to acquire and maintain the necessary state registrations and licenses to conduct business.
History: En. Sec. 2, Ch. 453, L. 1981; amd. Sec. 1, Ch. 744, L. 1991.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 16. Small Business Licensing Coordination › Part 1. General Provisions › 30-16-103. Definitions

30-16-103. Definitions.
As used in this chapter, the following definitions apply:
(1) "Board of review" means the body established to provide policy direction to the department of revenue in designing and recommending to the legislature the implementation of a plan for a business registration and licensing system.
(2) "Department" means the department of revenue established in 2-15-1301.
(3) (a) "License" means the whole or part of any agency permit, license, certificate, approval, registration, or charter or any form or permission required by law or administrative rule to engage in any retail, wholesale, consumer service, manufacturing, or distributing activity, including the production of energy using an alternative renewable energy source as defined in 15-6-225.
(b) License does not include licenses, permits, or registrations issued under Title 30, chapter 10, parts 1 through 3, Title 33, Title 37, and Title 75, chapters 1 through 3, 5 through 7, 10, 15, 16, and 20, which are excluded from the coverage of this chapter.
(4) "Person" means an individual, sole proprietorship, partnership, association, cooperative, limited liability company, corporation, nonprofit organization, state or local government agency, or any other organization required to register with the state to do business in Montana and to obtain one or more licenses from the state or any of its agencies.
(5) "Plan" means the business registration and licensing system and the procedures developed by the board of review that are under the administrative control of the department.
History: En. Sec. 3, Ch. 453, L. 1981; amd. Sec. 2, Ch. 744, L. 1991; amd. Sec. 1, Ch. 355, L. 1995; amd. Sec. 9, Ch. 366, L. 1997; amd. Sec. 5, Ch. 54, L. 1999; amd. Sec. 19, Ch. 591, L. 2001; amd. Sec. 6, Ch. 405, L. 2003.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 16. Small Business Licensing Coordination › Part 1. General Provisions › 30-16-104. Rulemaking

30-16-104. Rulemaking.
The board of review established in 30-16-302:
(1) shall adopt rules governing the identification and use of electronic forms of signature to fulfill licensing requirements for licensees included in this part;
(2) may adopt rules to establish the anniversary date for the renewal of licenses issued to licensees included in this part; and
(3) shall consult with the pertinent licensing agency before issuing rules concerning license renewal dates.
History: En. Sec. 1, Ch. 366, L. 1997.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 16. Small Business Licensing Coordination › Part 2. Licensing Coordination Center › 30-16-201. Designation of small business licensing coordination center -- duties of center

30-16-201. Designation of small business licensing coordination center -- duties of center.
The department shall administer a small business licensing coordination center. The small business licensing coordination center shall:
(1) document and analyze current licensing requirements, fees, and procedures;
(2) recommend elimination of unnecessary licensing requirements, administrative procedures, or forms or parts of forms that can be eliminated in the public interest;
(3) recommend efficient and effective improvements in the administration and enforcement of licensing laws, including gathering of information that facilitates the development of a permanent master license certificate;
(4) recommend revisions in the license fee structure to distribute the cost of licenses equitably and to provide financing for continuing improvements in licensing administration and enforcement;
(5) develop and upon request distribute information concerning state requirements for starting and operating a business in Montana;
(6) provide assistance to business enterprises to facilitate their compliance with state licensing requirements. The assistance required by this subsection includes a specific obligation for the center to immediately inform each business enterprise applying for a license that the business enterprise is required to obtain a business name from the secretary of state pursuant to Title 35 before any other state license application may be processed.
(7) maintain a supply of license and permit forms or applications for all licenses and actively assist the business community in answering application questions;
(8) maintain a master list of the business types existing in the state and a corresponding list of the licenses or permits needed to operate or start that type of business;
(9) maintain a copy of the Administrative Rules of Montana in order to provide an applicant with the basic rules of any agency with regard to licensing;
(10) encourage agencies to provide informational brochures through the center, especially in the case of complex licensing procedures;
(11) maintain contact with licensing agencies in order to enable the center to assist an applicant with setting up appointments or otherwise facilitate the application process; and
(12) perform other administrative tasks delegated to the center to improve state business license administration.
History: En. Sec. 4, Ch. 453, L. 1981; amd. Sec. 3, Ch. 744, L. 1991; amd. Sec. 66, Ch. 51, L. 1999; amd. Sec. 1, Ch. 427, L. 2005.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 16. Small Business Licensing Coordination › Part 2. Licensing Coordination Center › 30-16-202. Information availability

30-16-202. Information availability.
The small business licensing coordination center shall encourage and invite federal and local government agencies to make license and permit information available to applicants through the coordination center. The center shall, where possible, advise applicants of federal and local government agency license and permit requirements.
History: En. Sec. 7, Ch. 453, L. 1981.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 16. Small Business Licensing Coordination › Part 2. Licensing Coordination Center › 30-16-203. New licenses, permits, or modifications

30-16-203. New licenses, permits, or modifications.
Each state agency shall report to the coordination center any new license or permit or modification of an existing license or permit that becomes effective as a requirement after April 20, 1981, together with the applicable forms and pertinent rules and information.
History: En. Sec. 8, Ch. 453, L. 1981.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 16. Small Business Licensing Coordination › Part 2. Licensing Coordination Center › 30-16-204. Authority to issue licenses

30-16-204. Authority to issue licenses.
Regardless of any authority delegated to the department to implement the provisions of this chapter, the authority to issue a license remains with the agency authorized by law to issue the license.
History: En. Sec. 4, Ch. 744, L. 1991.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 16. Small Business Licensing Coordination › Part 3. Business Registration and Licensing -- Board of Review › 30-16-301. Business registration and licensing plan -- administration

30-16-301. Business registration and licensing plan -- administration.
(1) The provisions of 16-11-120, 16-11-122, 30-12-203, 30-16-104, 50-50-201, 50-50-203, 50-50-205, 50-50-207, 50-50-214, 50-57-201 through 50-57-206, 50-57-208, 80-7-106, 81-9-201, 81-20-201, and 82-15-105 constitute a means of implementing a preliminary plan for streamlined registration and licensing procedures. Sections 16-11-120, 16-11-122, 30-12-203, 30-16-104, 50-50-201, 50-50-203, 50-50-205, 50-50-207, 50-50-214, 50-57-201 through 50-57-206, 50-57-208, 80-7-106, 81-9-201, 81-20-201, and 82-15-105 provide that certain licenses selected by the board of review must allow for:
(a) an anniversary date for license renewal that is set by the board of review;
(b) an electronic means of verifying the information required in the license application; and
(c) payment of fees required for licensure by credit card, debit card, or other commercially acceptable means as provided in 15-1-231.
(2) The department shall designate an employee in charge of administering the plan whose duties include those of executive secretary of the board of review.
History: En. Sec. 2, Ch. 355, L. 1995; amd. Sec. 10, Ch. 366, L. 1997; amd. Sec. 6, Ch. 54, L. 1999; amd. Sec. 26, Ch. 474, L. 2003; amd. Sec. 2, Ch. 47, L. 2005; amd. Sec. 7, Ch. 26, L. 2011.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 16. Small Business Licensing Coordination › Part 3. Business Registration and Licensing -- Board of Review › 30-16-302. Board of review

30-16-302. Board of review.
(1) There is a board of review. The board of review's duty is to provide policy direction to the department of revenue in the establishment and operation of the system. The board of review includes the directors of the departments of agriculture, labor and industry, environmental quality, livestock, revenue, justice, and public health and human services, a member appointed by the president of the senate, and a member appointed by the speaker of the house. If an agency that is not a member of the board of review requests inclusion in the streamlined registration and licensing plan as provided in 30-16-303, that agency's director must be appointed to the board of review by the governor.
(2) The governor shall appoint a presiding officer from among the members of the board of review.
(3) The board of review shall meet at the call of the presiding officer at least once each calendar quarter to:
(a) establish interagency policy and guidelines for the plan;
(b) review the findings, status, and problems of system operations and recommend courses of action; and
(c) receive reports from industry and agency task forces that the board of review may request to inquire into particular issues.
(4) The board of review may implement a plan for streamlined registration and licensing to include licenses not specified in 30-16-301, as provided in 30-16-303.
(5) The board of review is attached to the department of revenue for administrative purposes only as provided in 2-15-121.
History: En. Sec. 3, Ch. 355, L. 1995; amd. Sec. 11, Ch. 366, L. 1997; amd. Sec. 1, Ch. 7, L. 1999; amd. Secs. 1, 2, Ch. 323, L. 2001; amd. Sec. 69, Ch. 483, L. 2001; amd. Sec. 2, Ch. 427, L. 2005.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 16. Small Business Licensing Coordination › Part 3. Business Registration and Licensing -- Board of Review › 30-16-303. Participation of state agencies

30-16-303. Participation of state agencies.
(1) The legislature directs full participation in the implementation of this chapter by:
(a) the departments of agriculture, environmental quality, revenue, justice, labor and industry, and public health and human services;
(b) the public service commission; and
(c) other agencies as directed by the governor.
(2) The board of review may include licenses not specified in 30-16-301 in a plan for streamlined registration and licensing if:
(a) the agency administering the license requests that the license be included in the plan;
(b) the board of review approves including the license by a majority vote of a quorum of the board of review; and
(c) licensees affected by the license's inclusion in the plan are given 60 days' notice of the plan's implementation and the notice sets forth in detail the changes in the licensing procedures.
(3) If a license is included in a streamlined registration and licensing plan pursuant to subsection (2):
(a) the agency administering the license may provide for a variance in the timing of the payment of the license fee and a variance in the application form, filing date, and penalty provisions in order to conform with the plan's criteria;
(b) the board of review shall provide for the equitable proration to the agency administering the license of any fees paid by a licensee prior to the plan's implementation; and
(c) the license must be processed and issued by the department of revenue as provided in this chapter.
(4) (a) In order to defray the costs associated with administering a streamlined registration and licensing plan, the department may require a transfer of funds from the participating agencies in an amount equal to no more than one-half of the total cost of processing and issuing a license.
(b) The amount remaining of the total cost of processing and issuing a license may be charged to the license applicant.
(c) The amount of funds transferred by an agency must be based on the number of licenses processed and issued on behalf of that agency versus the total number of licenses processed and issued under the streamlined registration and licensing plan.
History: En. Sec. 4, Ch. 355, L. 1995; amd. Sec. 2, Ch. 7, L. 1999; amd. Sec. 1, Ch. 116, L. 2001; amd. Sec. 3, Ch. 190, L. 2003; amd. Sec. 3, Ch. 427, L. 2005.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 17. Electronic Directory of Montana Products › Part 1. General Provisions › 30-17-101. Electronic directory of Montana products

30-17-101. Electronic directory of Montana products.
(1) (a) The department of commerce shall provide an electronic directory on the internet of Montana businesses that market products qualifying as made in Montana or grown in Montana, as described in subsection (5).
(b) The department may make a decision on the appropriateness of listing a business on the electronic directory based upon the content or use of the products offered by the business.
(2) (a) The electronic directory may be compiled from eligible businesses that have contacted the department of commerce and that have agreed to be listed electronically on the internet. Agreement by a company also means that the company grants permission for inclusion on a distribution list pursuant to 2-6-1017.
(b) The department of commerce is not responsible for listing a company if that company has not contacted the department, has not agreed to a listing pursuant to subsection (2), or does not qualify as having products made in Montana or grown in Montana.
(3) The electronic directory may contain information allowing a potential customer to access directly a business listed in the directory by telephone, mail, or electronic links if the business works with the department of commerce to facilitate and maintain direct access.
(4) The department of commerce may not process orders for a business listed in the electronic directory and is not responsible for handling customer questions or complaints on behalf of a business listed in the electronic directory.
(5) For the purposes of this section, a product is considered made in Montana or grown in Montana if the product has 50% or greater value-added within the state.
(6) For the purposes of this section, "value-added" means a finished product that has been created, made, produced, or enhanced in Montana by Montana residents resulting in a 50% or greater value-added product.
History: En. Sec. 1, Ch. 173, L. 2005; amd. Sec. 50, Ch. 348, L. 2015; amd. Sec. 2, Ch. 147, L. 2019.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 17. Electronic Directory of Montana Products › Part 1. General Provisions › 30-17-102. Rules -- contract -- conduct of public officers and employees

30-17-102. Rules -- contract -- conduct of public officers and employees.
(1) The department of commerce may adopt rules necessary for the creation, maintenance, and updating of the electronic directory provided for in 30-17-101. The rules may include requirements for the design of a website, information that may be contained in the electronic directory, the format of the electronic directory, information that may be provided to potential customers, and requirements for updating material contained in the electronic directory.
(2) The department of commerce may contract with the department of administration or a private vendor for the creation, maintenance, and updating of the electronic directory and website provided for in 30-17-101.
(3) Public officers or employees who outside of their work for a public agency are involved in the creation of products that qualify for inclusion in the electronic directory provided for in 30-17-101 may list their products in the electronic directory without being in violation of the provisions of 2-2-121.
History: En. Sec. 2, Ch. 173, L. 2005.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 18. Electronic Transactions › Part 1. Uniform Electronic Transactions Act › 30-18-103. Scope

30-18-103. Scope.
(1) Except as otherwise provided in subsection (2), this part applies to electronic records and electronic signatures relating to a transaction.
(2) This part does not apply to a transaction to the extent it is governed by:
(a) a law governing the creation and execution of wills, codicils, or testamentary trusts;
(b) Title 30, chapter 1, other than 30-1-107, and chapters 3 through 9A; and
(c) Title 13.
(3) This part applies to an electronic record or electronic signature otherwise excluded from the application of this part under subsection (2) to the extent it is governed by a law other than those specified in subsection (2).
(4) A transaction subject to this part is also subject to other applicable substantive law.
History: En. Sec. 3, Ch. 52, L. 2001; amd. Sec. 86, Ch. 575, L. 2005; amd. Sec. 55, Ch. 647, L. 2023.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 18. Electronic Transactions › Part 1. Uniform Electronic Transactions Act › 30-18-104. Use of electronic records and electronic signatures -- variation by agreement

30-18-104. Use of electronic records and electronic signatures -- variation by agreement.
(1) This part does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form.
(2) This part applies only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context and surrounding circumstances, including the parties' conduct.
(3) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement.
(4) Except as otherwise provided in this part, the effect of any of its provisions may be varied by agreement. The presence in certain provisions of this part of the words "unless otherwise agreed", or words of similar import, does not imply that the effect of other provisions may not be varied by agreement.
(5) Whether an electronic record or electronic signature has legal consequences is determined by this part and other applicable law.
History: En. Sec. 4, Ch. 52, L. 2001.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 18. Electronic Transactions › Part 1. Uniform Electronic Transactions Act › 30-18-105. Construction and application

30-18-105. Construction and application.
This part must be construed and applied:
(1) to facilitate electronic transactions consistent with other applicable law;
(2) to be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and
(3) to effectuate its general purpose to make uniform the law with respect to the subject of this part among states enacting it.
History: En. Sec. 5, Ch. 52, L. 2001.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 18. Electronic Transactions › Part 1. Uniform Electronic Transactions Act › 30-18-106. Legal recognition of electronic records, electronic signatures, and electronic contracts

30-18-106. Legal recognition of electronic records, electronic signatures, and electronic contracts.
(1) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.
(2) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.
(3) If a law requires a record to be in writing, an electronic record satisfies the law.
(4) If a law requires a signature, an electronic signature satisfies the law.
History: En. Sec. 6, Ch. 52, L. 2001.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 18. Electronic Transactions › Part 1. Uniform Electronic Transactions Act › 30-18-107. Provision of information in writing -- presentation of records

30-18-107. Provision of information in writing -- presentation of records.
(1) If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or its information processing system inhibits the ability of the recipient to print or store the electronic record.
(2) If a law other than this part requires a record to be posted or displayed in a certain manner, to be sent, communicated, or transmitted by a specified method, or to contain information that is formatted in a certain manner, the following rules apply:
(a) The record must be posted or displayed in the manner specified in the other law.
(b) Except as otherwise provided in subsection (4)(b), the record must be sent, communicated, or transmitted by the method specified in the other law.
(c) The record must contain the information formatted in the manner specified in the other law.
(3) If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient.
(4) The requirements of this section may not be varied by agreement, but:
(a) to the extent a law other than this part requires information to be provided, sent, or delivered in writing but permits that requirement to be varied by agreement, the requirement under subsection (1) that the information be in the form of an electronic record capable of retention may also be varied by agreement; and
(b) a requirement under a law other than this part to send, communicate, or transmit a record by first-class mail, postage prepaid, or regular United States mail may be varied by agreement to the extent permitted by the other law.
History: En. Sec. 7, Ch. 52, L. 2001.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 18. Electronic Transactions › Part 1. Uniform Electronic Transactions Act › 30-18-108. Attribution and effect of electronic record and electronic signature

30-18-108. Attribution and effect of electronic record and electronic signature.
(1) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.
(2) The effect of an electronic record or electronic signature attributed to a person under subsection (1) is determined from the context and surrounding circumstances at the time of its creation, execution, or adoption, including the parties' agreement, if any, and otherwise as provided by law.
History: En. Sec. 8, Ch. 52, L. 2001.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 18. Electronic Transactions › Part 1. Uniform Electronic Transactions Act › 30-18-109. Effect of change or error

30-18-109. Effect of change or error.
If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply:
(1) If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic record.
(2) In an automated transaction involving an individual, the individual may avoid the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, the individual:
(a) promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person;
(b) takes reasonable steps, including steps that conform to the other person's reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record; and
(c) has not used or received any benefit or value from the consideration, if any, received from the other person.
(3) If neither subsection (1) nor (2) applies, the change or error has the effect provided by other law, including the law of mistake, and the parties' contract, if any.
(4) Subsections (2) and (3) may not be varied by agreement.
History: En. Sec. 9, Ch. 52, L. 2001.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 18. Electronic Transactions › Part 1. Uniform Electronic Transactions Act › 30-18-110. Notarization and acknowledgment

30-18-110. Notarization and acknowledgment.
If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.
History: En. Sec. 10, Ch. 52, L. 2001.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 18. Electronic Transactions › Part 1. Uniform Electronic Transactions Act › 30-18-111. Retention of electronic records -- originals

30-18-111. Retention of electronic records -- originals.
(1) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record that:
(a) accurately reflects the information set forth in the record after it was first generated in its final form as an electronic record or otherwise; and
(b) remains accessible for later reference.
(2) A requirement to retain a record in accordance with subsection (1) does not apply to any information the sole purpose of which is to enable the record to be sent, communicated, or received.
(3) A person may satisfy subsection (1) by using the services of another person if the requirements of that subsection are satisfied.
(4) If a law requires a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained in accordance with subsection (1).
(5) If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with subsection (1).
(6) A record retained as an electronic record in accordance with subsection (1) satisfies a law requiring a person to retain a record for evidentiary, audit, or like purposes, unless a law enacted after July 1, 2001, specifically prohibits the use of an electronic record for the specified purpose.
(7) This section does not preclude a governmental agency of this state from specifying additional requirements for the retention of a record subject to the agency's jurisdiction.
History: En. Sec. 11, Ch. 52, L. 2001.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 18. Electronic Transactions › Part 1. Uniform Electronic Transactions Act › 30-18-112. Admissibility in evidence

30-18-112. Admissibility in evidence.
In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form.
History: En. Sec. 12, Ch. 52, L. 2001.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 18. Electronic Transactions › Part 1. Uniform Electronic Transactions Act › 30-18-113. Automated transaction

30-18-113. Automated transaction.
In an automated transaction, the following rules apply:
(1) A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents' actions or the resulting terms and agreements.
(2) A contract may be formed by the interaction of an electronic agent and an individual, acting on the individual's own behalf or for another person, including by an interaction in which the individual performs actions that the individual is free to refuse to perform and that the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance.
(3) The terms of the contract are determined by the substantive law applicable to it.
History: En. Sec. 13, Ch. 52, L. 2001.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 18. Electronic Transactions › Part 1. Uniform Electronic Transactions Act › 30-18-114. Time and place of sending and receipt

30-18-114. Time and place of sending and receipt.
(1) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it:
(a) is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record;
(b) is in a form capable of being processed by that system; and
(c) enters an information processing system outside the control of the sender or of a person that sent the electronic record on behalf of the sender or enters a region of the information processing system designated or used by the recipient that is under the control of the recipient.
(2) Unless otherwise agreed between a sender and the recipient, an electronic record is received when:
(a) it enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; and
(b) it is in a form capable of being processed by that system.
(3) Subsection (2) applies even if the place the information processing system is located is different from the place the electronic record is considered to be received under subsection (4).
(4) Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is considered to be sent from the sender's place of business and to be received at the recipient's place of business. For purposes of this subsection, the following rules apply:
(a) If the sender or the recipient has more than one place of business, the place of business of that person is the place having the closest relationship to the underlying transaction.
(b) If the sender or the recipient does not have a place of business, the place of business is the sender's or recipient's residence, as the case may be.
(5) An electronic record is received under subsection (2) even if no individual is aware of its receipt.
(6) Receipt of an electronic acknowledgment from an information processing system described in subsection (2) establishes that a record was received but, by itself, does not establish that the content sent corresponds to the content received.
(7) If a person is aware that an electronic record purportedly sent under subsection (1), or purportedly received under subsection (2), was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law. Except to the extent permitted by the other law, the requirements of this subsection may not be varied by agreement.
History: En. Sec. 14, Ch. 52, L. 2001.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 18. Electronic Transactions › Part 1. Uniform Electronic Transactions Act › 30-18-116. Creation and retention of electronic records and conversion of written records by governmental agencies

30-18-116. Creation and retention of electronic records and conversion of written records by governmental agencies.
Each governmental agency shall determine whether, and the extent to which, it will create and retain electronic records and convert written records to electronic records.
History: En. Sec. 16, Ch. 52, L. 2001.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 18. Electronic Transactions › Part 1. Uniform Electronic Transactions Act › 30-18-117. Acceptance and distribution of electronic records by governmental agencies

30-18-117. Acceptance and distribution of electronic records by governmental agencies.
(1) Except as otherwise provided in 30-18-111(6), each governmental agency shall determine whether, and the extent to which, it will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures.
(2) To the extent that a governmental agency uses electronic records and electronic signatures under subsection (1), the secretary of state, giving due consideration to security, may specify:
(a) the manner and format in which the electronic records must be created, generated, sent, communicated, received, and stored and the systems established for those purposes;
(b) if electronic records must be signed by electronic means, the type of electronic signature required, the manner and format in which the electronic signature must be affixed to the electronic record, and the identity of, or criteria that must be met by, any third party used by a person filing a document to facilitate the process;
(c) control processes and procedures as appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality, and auditability of electronic records; and
(d) any other required attributes for electronic records that are specified for corresponding nonelectronic records or reasonably necessary under the circumstances.
(3) Except as otherwise provided in 30-18-111(6), this part does not require a governmental agency of this state to use or permit the use of electronic records or electronic signatures.
History: En. Sec. 17, Ch. 52, L. 2001; amd. Sec. 15, Ch. 123, L. 2013.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 18. Electronic Transactions › Part 1. Uniform Electronic Transactions Act › 30-18-118. Interoperability

30-18-118. Interoperability.
(1) The secretary of state may encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies of this and other states and the federal government and nongovernmental persons interacting with governmental agencies of this state. If appropriate, those standards may specify differing levels of standards from which governmental agencies of this state may choose in implementing the most appropriate standard for a particular application.
(2) Any state agency may adopt rules to implement this part. However, governmental agencies are not limited to the use of a cryptosystem or any other specific technology for electronic transactions provided for in this part.
History: En. Sec. 18, Ch. 52, L. 2001; amd. Sec. 2, Ch. 130, L. 2007.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 19. Rental and Rental-Purchase Agreements › Part 1. Montana Rental-Purchase Agreement Act › 30-19-101. Short title

30-19-101. Short title.
This part may be cited as the "Montana Rental-Purchase Agreement Act".
History: En. Sec. 1, Ch. 263, L. 2001.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 19. Rental and Rental-Purchase Agreements › Part 1. Montana Rental-Purchase Agreement Act › 30-19-102. Purpose

30-19-102. Purpose.
(1) The legislature finds that the rental-purchase industry is unique in its structure of providing a service to Montana consumers, in that the business transaction involved is not a credit transaction, does not create a debt or a security interest, and is not a simple rental or lease. As a result, rental-purchase agreements deserve their own regulatory scheme.
(2) The purpose of this part is to protect consumers and businesses engaged in the rental-purchase of consumer goods against unfair or deceptive acts and practices and to provide certainty and regularity in the conduct of rental-purchase transactions.
History: En. Sec. 2, Ch. 263, L. 2001.