reglab/statecodes huggingface dataset:
2023 Missouri Revised Statutes › Title XLI - Codes and Standards › Chapter 701 - State Standards › Section 701.371 - Inspectors authority to enter premises to inspect — installations to be registered with board, form, content.

Title XLI CODES AND STANDARDS
Chapter 701
• Effective - 28 Aug 1994
701.371. Inspectors authority to enter premises to inspect — installations to be registered with board, form, content. —
The chief safety inspector or other inspector authorized and designated by him may, during reasonable hours, enter any premises within the state without hindrance for the purpose of inspecting any installation. No owner or lessee shall operate any installation not registered with the board, giving the type, contract load, speed, name of the manufacturer, location, the nature of the use and any other information which the board may require. Such information shall be made on a form approved by the board. Within a reasonable time period as determined by the board, after August 28, 1994, the owner or lessee of every existing elevator, escalator, moving walk, manlift, and stairway inclined lift shall register with the board each such installation owned or operated by him, giving type, rated load and speed, name of manufacturer, location, the purpose for which it is used and such other information as the board may require. Such registration shall be made on a form furnished by the board.
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(L. 1994 H.B. 1035 § 6)
2023 Missouri Revised Statutes › Title XLI - Codes and Standards › Chapter 701 - State Standards › Section 701.373 - Permit required to construct or alter installations — plan to prove compliance — operating permit issued when — temporary permits allowed when.

Title XLI CODES AND STANDARDS
Chapter 701
• Effective - 28 Aug 1994
701.373. Permit required to construct or alter installations — plan to prove compliance — operating permit issued when — temporary permits allowed when. —
1. A permit issued by the board shall be required before the beginning of construction of a new privately or state-owned or -operated installation or the major alteration of an existing privately or state-owned or -operated installation.
2. Before the construction of a new privately or state-owned or -operated installation or the major alteration of an existing privately or state-owned or -operated installation can begin, plans and information as required by the board shall be submitted which clearly demonstrates that the installation will comply with the provisions of sections 701.350 to 701.380 and the rules and regulations adopted pursuant to sections 701.350 to 701.380.
3. It shall be illegal to operate any such installation without an operating permit issued by the board. Operating permits shall be issued when an initial inspection and test of a new or altered installation or periodic inspection and test of an existing installation finds the installation in compliance with the provisions of sections 701.350 to 701.380 and the safety code. The board or its authorized representative may, at its discretion, permit temporary operation pending correction of defects. Such temporary operation shall be limited to sixty days but may be renewed at the discretion of the chief safety inspector for additional periods of not more than thirty days each.
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(L. 1994 H.B. 1035 § 7 subsecs. 1, 2, 3)
2023 Missouri Revised Statutes › Title XLI - Codes and Standards › Chapter 701 - State Standards › Section 701.375 - Operating certificate issued when — content — posting requirements.

Title XLI CODES AND STANDARDS
Chapter 701
• Effective - 28 Aug 1994
701.375. Operating certificate issued when — content — posting requirements. —
1. The board shall issue an operating certificate for each unit of equipment which has satisfactorily met all the inspections and tests required by the board. The operating certificate shall designate the rated load and speed where applicable, the date of the acceptance tests and inspections, and the name of the inspector who witnessed such test and inspection. The final certificate shall also include the necessary space for inserting:
(1) The signature of the inspector who made the periodic inspection; and
(2) The date of the periodic inspection and test.
2. The owner, agent or lessee shall post the operating permit in the elevator machine room, in a noncombustible frame with a plexiglass vision plate. For all other installations the operating permit shall be posted as directed by the board.
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(L. 1994 H.B. 1035 § 7 subsecs. 4, 5)
2023 Missouri Revised Statutes › Title XLI - Codes and Standards › Chapter 701 - State Standards › Section 701.377 - Fees, how set, limitation — deposit — elevator safety fund created, purpose — fees paid to political subdivisions, when, exception, state certificate.

Title XLI CODES AND STANDARDS
Chapter 701
• Effective - 01 Jan 2005, see footnote
701.377. Fees, how set, limitation — deposit — elevator safety fund created, purpose — fees paid to political subdivisions, when, exception, state certificate. —
As otherwise provided by sections 701.350 to 701.380, the elevator safety board shall set fees for inspection, permits, licenses, certificates, and plan review required by the provisions of sections 701.350 to 701.380. Fees shall be determined by the elevator safety board to provide sufficient funds for the operation of the board, except that no fee for the certificate shall exceed twenty-five dollars. The elevator safety board may alter the fee schedule once each year. Any funds collected pursuant to sections 701.350 to 701.380 and sections 316.200 to 316.237 shall be deposited in the "Elevator Safety Fund" which is hereby created. Moneys shall be appropriated from the fund for the expense and functions of the elevator safety and amusement ride safety boards. Any unexpended funds in the elevator safety fund at the close of the biennium shall revert to the general revenue as required by section 33.080. A municipality or other political subdivision enforcing the provisions of sections 701.350 to 701.380 under the provisions of subsection 2 of section 701.365 and which performs the plan review, permitting, inspections, and certifications as required, the fee for that inspection shall be paid directly to the municipality or political subdivision and shall not be preempted by sections 701.350 to 701.380, except that any fee established by the elevator safety board for the issuance of appropriate state certificates shall be paid to the elevator safety board.
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(L. 1994 H.B. 1035 § 8, A.L. 2004 H.B. 1403)
Effective 1-01-05
2023 Missouri Revised Statutes › Title XLI - Codes and Standards › Chapter 701 - State Standards › Section 701.379 - Appeal from chief safety inspector's decisions, procedure.

Title XLI CODES AND STANDARDS
Chapter 701
• Effective - 28 Aug 1994
701.379. Appeal from chief safety inspector's decisions, procedure. —
1. Any aggrieved person may appeal any decision of any state inspector to the chief safety inspector of the state. Any appeal of a decision of the chief safety inspector shall be taken as provided in chapter 536.
2. Any person aggrieved by a decision of a municipal inspector may appeal such decision to the municipality in accordance with municipal ordinances.
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(L. 1994 H.B. 1035 § 9)
2023 Missouri Revised Statutes › Title XLI - Codes and Standards › Chapter 701 - State Standards › Section 701.380 - Violators guilty of crime of abuse of elevator safety, penalty.

Title XLI CODES AND STANDARDS
Chapter 701
• Effective - 28 Aug 1994
701.380. Violators guilty of crime of abuse of elevator safety, penalty. —
1. Any owner, agent or lessee who willfully violates any of the provisions of sections 701.350 to 701.380 or operates an installation ordered out of service shall be guilty of the crime of abuse of elevator safety.
2. Abuse of elevator safety is a class C misdemeanor.
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(L. 1994 H.B. 1035 § 10)
2023 Missouri Revised Statutes › Title XLI - Codes and Standards › Chapter 701 - State Standards › Section 701.381 - Elevator safety and inspection requirements not applicable, when.

Title XLI CODES AND STANDARDS
Chapter 701
Effective - 28 Aug 2002
701.381. Elevator safety and inspection requirements not applicable, when. —
The provisions of sections 701.350 to 701.380 shall not apply to any device that is inaccessible to the public, not used to transport passengers and was built before January 1, 1940.
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(L. 2002 H.B. 1348)
2023 Missouri Revised Statutes › Title XLI - Codes and Standards › Chapter 701 - State Standards › Section 701.383 - Grain elevators and feed mills, certain elevators exempt from safety and inspection requirements.

Title XLI CODES AND STANDARDS
Chapter 701
Effective - 28 Aug 2002
701.383. Grain elevators and feed mills, certain elevators exempt from safety and inspection requirements. —
Single person elevator lifts and belt manlifts operating only in grain elevators or feed mills will be exempt from sections 701.350 to 701.380 unless inspection is requested by the owner.
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(L. 2002 H.B. 1348)
2023 Missouri Revised Statutes › Title XLI - Codes and Standards › Chapter 701 - State Standards › Section 701.450 - Equal number of water closets, diaper changing stations, requirements — extension of time for compliance, requirements (St. Louis City).

Title XLI CODES AND STANDARDS
Chapter 701
Effective - 28 Aug 2006
701.450. Equal number of water closets, diaper changing stations, requirements — extension of time for compliance, requirements (St. Louis City). —
1. For any facility for which construction commences after August 28, 1995, which is constructed as a place of assembly for public amusement including, but not limited to, sports stadiums and arenas, auditoriums and assembly halls, there shall be provided an equal number of water closets for women as there are the number of water closets and urinals provided for men, and there shall be provided an equal number of diaper changing stations for men as there are the number provided for women.
2. Each facility described in subsection 1 of this section constructed or under construction prior to August 28, 1995, shall provide water closets in the same ratio as required in subsection 1 of this section whenever such facility undergoes major structural renovation.
3. As used in subsection 2 of this section, the term
"major structural renovation"
means any reconstruction, rehabilitation, addition or other improvement which required more than fifty percent of the gross floor area of the existing facility to be rebuilt. The provisions of this act shall only apply to such portions of the building being renovated and not to the entire building.
4. Notwithstanding any other provision of this section to the contrary, if any facility described in subsection 1 of this section located in any city not within a county is constructed in compliance with the requirements of the applicable building and plumbing codes of such city related to the minimum number of water closets that are designated for women, such facility shall not be required to comply with the requirements of subsection 1 of this section until one year following the date of its substantial completion.
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(L. 1995 S.B. 96 § 1, A.L. 2006 H.B. 1149)
2023 Missouri Revised Statutes › Title XLI - Codes and Standards › Chapter 701 - State Standards › Section 701.500 - New product sales, energy efficiency requirements — exceptions.

Title XLI CODES AND STANDARDS
Chapter 701
• Effective - 28 Aug 2018, 3 histories
701.500. New product sales, energy efficiency requirements — exceptions. —
1. As used in sections 701.500 to 701.515, the following terms shall mean:
(1)
"Department"
, the department of economic development;
(2)
"Director"
, the director of the department of economic development;
(3)
"Energy Star program"
, a joint program of the United States Environmental Protection Agency and the United States Department of Energy that identifies and promotes energy efficient products and practices.
2. The provisions of sections 701.500 to 701.515 shall apply to appliances that do not have minimum energy efficiency standards required under federal law.
3. No person shall sell, offer for sale, or install any new product listed in subsection 2 of this section in the state unless the product meets the minimum energy efficiency standards under sections 701.500 to 701.515.
4. The provisions of sections 701.500 to 701.515 shall not apply to:
(1) Consumer electronics; or
(2) Products:
(a) Manufactured in the state and sold outside the state;
(b) Manufactured outside the state and sold at wholesale inside the state for final retail sale outside the state;
(c) Installed in mobile manufactured homes at the time of construction; or
(d) Designed expressly for installation and use in recreational vehicles.
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(L. 2008 S.B. 1181, et al., A.L. 2009 H.B. 734, A.L. 2018 S.B. 975 & 1024 Revision)
2023 Missouri Revised Statutes › Title XLI - Codes and Standards › Chapter 701 - State Standards › Section 701.503 - Rulemaking authority.

Title XLI CODES AND STANDARDS
Chapter 701
• Effective - 28 Aug 2009, 2 histories
701.503. Rulemaking authority. —
1. In conjunction with the advisory group under section 701.509, the director shall promulgate, by rule, the minimum energy efficiency standards for the products in subsection 2 of section 701.500. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2008, shall be invalid and void.
2. The standards enacted by the director, in conjunction with the advisory group under section 701.509, shall not be more stringent than the federal energy star program requirements, if such requirements are applicable.
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(L. 2008 S.B. 1181, et al., A.L. 2009 H.B. 734)
2023 Missouri Revised Statutes › Title XLI - Codes and Standards › Chapter 701 - State Standards › Section 701.506 - Updating of minimum energy efficiency standards.

Title XLI CODES AND STANDARDS
Chapter 701
• Effective - 28 Aug 2009, 2 histories
701.506. Updating of minimum energy efficiency standards. —
In conjunction with the advisory group under section 701.509, the department shall update the minimum energy efficiency standards in section 701.503 not less than once every three years beginning from the date the standards were first promulgated by rule. The purpose of any such update shall be to keep the state standards current with technological advancements and industry practices with regard to energy efficiency, while also giving due consideration to consumer and environmental costs and benefits. The department shall strive to have the standards achieve greater energy efficiency over time in a prudent and reasonable manner. Standards shall not be more stringent than required by the federal energy star program requirements, if such requirements are applicable.
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(L. 2008 S.B. 1181, et al., A.L. 2009 H.B. 734)
2023 Missouri Revised Statutes › Title XLI - Codes and Standards › Chapter 701 - State Standards › Section 701.509 - Advisory group created — purpose of group — members, terms, meetings.

Title XLI CODES AND STANDARDS
Chapter 701
• Effective - 28 Aug 2018, 2 histories
701.509. Advisory group created — purpose of group — members, terms, meetings. —
1. The "Appliance Energy Efficiency Advisory Group" is hereby created. The purpose of the advisory group is to advise the department on the development and updating of the minimum energy efficiency standards for products under sections 701.500 to 701.515. The advisory group shall consist of the following eleven members who shall be appointed, in staggered terms, by the director:
(1) A representative from the public service commission who is knowledgeable in energy efficiency;
(2) A representative of the office of public counsel;
(3) A representative of an electric or natural gas utility who is knowledgeable in energy efficiency;
(4) The director of the division of energy of the department of economic development, or his or her designee;
(5) Two representatives from the appliance manufacturing industry;
(6) Three representatives with technical knowledge in energy efficiency and appliances, including but not limited to, electrical or energy engineers;
(7) One representative from the home construction industry; and
(8) One representative from the commercial building industry.
2. Each member shall serve a term of three years and may be reappointed. The advisory group members shall serve without compensation but may be reimbursed for expenses incurred in connection with their duties. The advisory group shall meet as needed, but not less than two times per year. The department shall provide staff for the advisory group.
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(L. 2008 S.B. 1181, et al., A.L. 2018 S.B. 975 & 1024 Revision)
2023 Missouri Revised Statutes › Title XLI - Codes and Standards › Chapter 701 - State Standards › Section 701.515 - Investigation of complaints — attorney general may enforce.

Title XLI CODES AND STANDARDS
Chapter 701
• Effective - 28 Aug 2008
701.515. Investigation of complaints — attorney general may enforce. —
The director shall investigate complaints received concerning violations of sections 701.500 to 701.515 and shall report the results of such investigations to the attorney general. The attorney general may institute proceedings to enforce the provisions of sections 701.500 to 701.515.
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(L. 2008 S.B. 1181, et al.)
2023 Missouri Revised Statutes › Title XLI - Codes and Standards › Chapter 701 - State Standards › Section 701.550 - Definitions — requirements for towers 50 feet or higher — violation, penalty.

Title XLI CODES AND STANDARDS
Chapter 701
Effective - 28 Aug 2012
701.550. Definitions — requirements for towers 50 feet or higher — violation, penalty. —
1. As used in this section the following terms mean:
(1)
"Anemometer"
, an instrument for measuring and recording the speed of the wind;
(2)
"Anemometer tower"
, a structure, including all guy wires and accessory facilities, that has been constructed solely for the purpose of mounting an anemometer to document whether a site has wind resources sufficient for the operation of a wind turbine generator;
(3)
"Area surrounding the anchor point"
, an area not less than sixty-four square feet whose outer boundary is at least four feet from the anchor point.
2. Any anemometer tower that is fifty feet in height above the ground or higher that is located outside the exterior boundaries of any municipality, and whose appearance is not otherwise mandated by state or federal law, shall be marked, painted, flagged, or otherwise constructed to be recognizable in clear air during daylight hours. Any anemometer tower that was erected before August 28, 2012, shall be marked as required in this section by January 1, 2014. Any anemometer tower that is erected on or after August 28, 2012, shall be marked as required in this section at the time it is erected. Marking required under this section includes marking the anemometer tower, guy wires, and accessory facilities as follows:
(1) The top one-third of the anemometer tower shall be painted in equal, alternating bands of aviation orange and white, beginning with orange at the top of the tower and ending with orange at the bottom of the marked portion of the tower;
(2) Two marker balls shall be attached to and evenly spaced on each of the outside guy wires;
(3) The area surrounding each point where a guy wire is anchored to the ground shall have a contrasting appearance with any surrounding vegetation. If the adjacent land is grazed, the area surrounding the anchor point shall be fenced; and
(4) One or more seven-foot safety sleeves shall be placed at each anchor point and shall extend from the anchor point along each guy wire attached to the anchor point.
3. A violation of this section is a class B misdemeanor.
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(L. 2012 H.B. 1251 merged with H.B. 1647 merged with H.B. 1909 merged with S.B. 769)
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 1. General Provisions › Part 1. Meaning of Law › 1-1-101. Definition of law

1-1-101. Definition of law.
"Law" is a solemn expression of the will of the supreme power of the state.
History: En. Sec. 5150, Pol. C. 1895; re-en. Sec. 3550, Rev. C. 1907; re-en. Sec. 5670, R.C.M. 1921; Cal. Pol. C. Sec. 4466; re-en. Sec. 5670, R.C.M. 1935; R.C.M. 1947, 12-101.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 1. General Provisions › Part 1. Meaning of Law › 1-1-102. How expressed

1-1-102. How expressed.
The will of the supreme power is expressed by:
(1) the constitution;
(2) statutes.
History: En. Sec. 5151, Pol. C. 1895; re-en. Sec. 3551, Rev. C. 1907; re-en. Sec. 5671, R.C.M. 1921; Cal. Pol. C. Sec. 4467; re-en. Sec. 5671, R.C.M. 1935; R.C.M. 1947, 12-102.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 1. General Provisions › Part 1. Meaning of Law › 1-1-103. Laws -- written or unwritten

1-1-103. Laws -- written or unwritten.
Laws, whether organic or ordinary, are either written or unwritten.
History: En. Sec. 3183, C. Civ. Proc. 1895; re-en. Sec. 7901, Rev. C. 1907; re-en. Sec. 10545, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1895; re-en. Sec. 10545, R.C.M. 1935; R.C.M. 1947, 93-1001-7.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 1. General Provisions › Part 1. Meaning of Law › 1-1-104. Written law defined

1-1-104. Written law defined.
A written law is that which is promulgated in writing and of which a record is in existence.
History: En. Sec. 3184, C. Civ. Proc. 1895; re-en. Sec. 7902, Rev. C. 1907; re-en. Sec. 10546, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1896; re-en. Sec. 10546, R.C.M. 1935; R.C.M. 1947, 93-1001-8.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 1. General Provisions › Part 1. Meaning of Law › 1-1-105. Constitution and statutes

1-1-105. Constitution and statutes.
The organic law is the constitution of government and is altogether written. Other written laws are denominated statutes. The written law of this state is therefore contained in its constitution and statutes and in the constitution and statutes of the United States.
History: En. Sec. 3185, C. Civ. Proc. 1895; re-en. Sec. 7903, Rev. C. 1907; re-en. Sec. 10547, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1897; re-en. Sec. 10547, R.C.M. 1935; R.C.M. 1947, 93-1001-9.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 1. General Provisions › Part 1. Meaning of Law › 1-1-106. Public and private statutes

1-1-106. Public and private statutes.
Statutes are public or private. A private statute is one which concerns only certain designated individuals and affects only their private rights. All other statutes are public, in which are included statutes creating or affecting corporations.
History: En. Sec. 3186, C. Civ. Proc. 1895; re-en. Sec. 7904, Rev. C. 1907; re-en. Sec. 10548, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1898; re-en. Sec. 10548, R.C.M. 1935; R.C.M. 1947, 93-1001-10.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 1. General Provisions › Part 1. Meaning of Law › 1-1-107. Unwritten law defined

1-1-107. Unwritten law defined.
Unwritten law is the law that is not promulgated and recorded, as mentioned in 1-1-104, but that is, nevertheless, observed and administered in the courts of the country. It has no certain repository but is collected from the reports of the decisions of the courts and treatises of learned people.
History: En. Sec. 3187, C. Civ. Proc. 1895; re-en. Sec. 7905, Rev. C. 1907; re-en. Sec. 10549, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1899; re-en. Sec. 10549, R.C.M. 1935; R.C.M. 1947, 93-1001-11; amd. Sec. 1, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 1. General Provisions › Part 1. Meaning of Law › 1-1-108. Common law -- applicability of

1-1-108. Common law -- applicability of.
In this state there is no common law in any case where the law is declared by statute. But where not so declared, if the same is applicable and of a general nature and not in conflict with the statutes, the common law shall be the law and rule of decision.
History: En. Sec. 3452, C. Civ. Proc. 1895; re-en. Sec. 8060, Rev. C. 1907; re-en. Sec. 10703, R.C.M. 1921; re-en. Sec. 10703, R.C.M. 1935; R.C.M. 1947, 12-104.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 1. General Provisions › Part 1. Meaning of Law › 1-1-109. Common law of England -- when rule of decision

1-1-109. Common law of England -- when rule of decision.
The common law of England, so far as it is not repugnant to or inconsistent with the constitution of the United States or the constitution or laws of this state, is the rule of decision in all the courts of this state.
History: En. p. 356, Bannack Stat.; re-en. p. 388, Cod. Stat. 1871; re-en. Sec. 144, 5th Div. Rev. Stat. 1879; re-en. Sec. 201, 5th Div. Comp. Stat. 1887; amd. Sec. 5152, Pol. C. 1895; re-en. Sec. 3552, Rev. C. 1907; re-en. Sec. 5672, R.C.M. 1921; Cal. Pol. C. Sec. 4468; re-en. Sec. 5672, R.C.M. 1935; R.C.M. 1947, 12-103.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 1. General Provisions › Part 2. General Definitions of Terms Used in Code › 1-1-202. Terms relating to procedure and the judiciary

1-1-202. Terms relating to procedure and the judiciary.
Unless the context requires otherwise, the following definitions apply in the Montana Code Annotated:
(1) "Deposition" means a written declaration under oath or affirmation, made upon notice to the adverse party for the purpose of enabling the adverse party to attend and cross-examine.
(2) "Judicial officers" means justices of the supreme court, judges of the district courts, justices of the peace, municipal judges, and city judges.
(3) "Judicial record" means the record of official entry of the proceedings in a court of justice or of the official act of a judicial officer in an action or special proceeding.
(4) "Oral examination" means an examination in the presence of the jury or tribunal that is to decide the fact or act upon it or the spoken testimony of the witness being heard by the jury or tribunal.
(5) "Process" means a writ or summons issued in the course of judicial proceedings.
(6) "Registered mail", for purposes of legal notification, means registered or certified mail.
(7) "Testify" means every mode of oral statement under oath or affirmation.
(8) "Writ" means an order in writing issued in the name of the state or of a court or judicial officer.
History: Ap. p. Sec. 16, Pol. C. 1895; re-en. Sec. 16, Rev. C. 1907; amd. Sec. 4, Ch. 4, L. 1921; re-en. Sec. 16, R.C.M. 1921; Cal. Pol. C. Sec. 17; re-en. Sec. 16, R.C.M. 1935; amd. Sec. 1, Ch. 25, L. 1947; amd. Sec. 11-114, Ch. 264, L. 1963; amd. Sec. 3, Ch. 309, L. 1977; Sec. 19-103, R.C.M. 1947; (1)En. Sec. 3322, C. Civ. Proc. 1895; re-en. Sec. 7989, Rev. C. 1907; re-en. Sec. 10633, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 2004; re-en. Sec. 10633, R.C.M. 1935; Sec. 93-1601-3, R.C.M. 1947; (3)En. Sec. 3192, C. Civ. Proc. 1895; re-en. Sec. 7910, Rev. C. 1907; re-en. Sec. 10554, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1904; re-en. Sec. 10554, R.C.M. 1935; Sec. 93-1001-16, R.C.M. 1947; (5)En. Sec. 3323, C. Civ. Proc. 1895; re-en. Sec. 7990, Rev. C. 1907; re-en. Sec. 10634, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 2005; Sec. 10634, R.C.M. 1935; Sec. 93-1601-4, R.C.M. 1947; (7)En. Sec. 1, Ch. 5, L. 1967; Sec. 19-122, R.C.M. 1947; R.C.M. 1947, 19-103(part), (9), (10), (13), (30), (31), (33), 19-122, 93-1001-16, 93-1601-3, 93-1601-4; amd. Sec. 248, Ch. 800, L. 1991; amd. Sec. 3, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 1. General Provisions › Part 2. General Definitions of Terms Used in Code › 1-1-203. Terms relating to instruments and other writings

1-1-203. Terms relating to instruments and other writings.
Unless the context requires otherwise, the following definitions apply in the Montana Code Annotated:
(1) "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.
(2) "Execution" of an instrument means subscribing and delivering it, with or without affixing a seal.
(3) "Folio", when used as a measure for computing fees, means 100 words, counting every two letters or numbers necessarily used as a word. Any portion of a folio, when in the whole paper there is not a complete folio and when there is an excess over the last folio exceeding one-half, may be computed as a folio.
(4) "Printing" means the act of reproducing a design on a surface by any process.
(5) "Signature" or "subscription" includes the mark of a person who cannot write if the person's name is written near the mark by another person who also signs that person's own name as a witness.
(6) "Subscribing witness" means a person who sees a writing executed or hears it acknowledged and at the request of the party signs the person's name as a witness.
(7) "Writing" includes printing.
History: Ap. p. Sec. 16, Pol. C. 1895; re-en. Sec. 16, Rev. C. 1907; amd. Sec. 4, Ch. 4, L. 1921; re-en. Sec. 16, R.C.M. 1921; Cal. Pol. C. Sec. 17; re-en. Sec. 16, R.C.M. 1935; amd. Sec. 1, Ch. 25, L. 1947; amd. Sec. 11-114, Ch. 264, L. 1963; amd. Sec. 3, Ch. 309, L. 1977; Sec. 19-103, R.C.M. 1947; (1)En. Sec. 3224, C. Civ. Proc. 1895; re-en. Sec. 7937, Rev. C. 1907; re-en. Sec. 10581, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1933; re-en. Sec. 10581, R.C.M. 1935; Sec. 93-1101-5, R.C.M. 1947; (2)En. Sec. 4618, Pol. C. 1895; re-en. Sec. 3151, Rev. C. 1907; re-en. Sec. 4899, R.C.M. 1921; re-en. Sec. 4899, R.C.M. 1935; Sec. 25-215, R.C.M. 1947; (3)En. Sec. 1, Ch. 267, L. 1969; amd. Sec. 11, Ch. 100, L. 1973; Sec. 19-103.1, R.C.M. 1947; (5)En. Sec. 3226, C. Civ. Proc. 1895; re-en. Sec. 7939, Rev. C. 1907; re-en. Sec. 10583, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1935; re-en. Sec. 10583, R.C.M. 1935; Sec. 93-1101-7, R.C.M. 1947; R.C.M. 1947, 19-103(part), (28), (32), 19-103.1, 25-215, 93-1101-5, 93-1101-7; amd. Sec. 4, Ch. 61, L. 2007; amd. Sec. 1, Ch. 238, L. 2011.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 1. General Provisions › Part 2. General Definitions of Terms Used in Code › 1-1-204. Terms denoting state of mind

1-1-204. Terms denoting state of mind.
Unless the context requires otherwise, the following definitions apply in the Montana Code Annotated:
(1) "Corruptly" means a wrongful design to acquire or cause some pecuniary or other advantage to the person guilty of the act or omission referred to or to some other person.
(2) "Knowingly" means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. It does not require any knowledge of the unlawfulness of the act or omission.
(3) "Malice" and "maliciously" mean a wish to vex, annoy, or injure another person or an intent to do a wrongful act, established either by proof or presumption of law.
(4) "Neglect", "negligence", "negligent", and "negligently" mean a want of the attention to the nature or probable consequences of the act or omission that a prudent person would ordinarily give in acting in the person's own concerns.
(5) "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. It does not require any intent to violate the law, to injure another, or to acquire any advantage.
History: En. Sec. 16, Pol. C. 1895; re-en. Sec. 16, Rev. C. 1907; amd. Sec. 4, Ch. 4, L. 1921; re-en. Sec. 16, R.C.M. 1921; Cal. Pol. C. Sec. 17; re-en. Sec. 16, R.C.M. 1935; amd. Sec. 1, Ch. 25, L. 1947; amd. Sec. 11-114, Ch. 264, L. 1963; amd. Sec. 3, Ch. 309, L. 1977; R.C.M. 1947, 19-103(part), (19) thru (23); amd. Sec. 5, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 1. General Provisions › Part 2. General Definitions of Terms Used in Code › 1-1-205. Terms relating to property and decedents' estates

1-1-205. Terms relating to property and decedents' estates.
Unless the context requires otherwise, the following definitions apply in the Montana Code Annotated:
(1) "Personal property" means money, goods, chattels, things in action, and evidences of debt.
(2) "Pledge", "mortgage", "conditional sale", "lien", "assignment", and like terms, when used in referring to a security interest in personal property, include a corresponding type of security interest under the Uniform Commercial Code--Secured Transactions.
(3) "Property" means real and personal property.
(4) "Real property" means lands, tenements, hereditaments, and possessory title to public lands.
(5) "Will" includes codicils.
History: En. Sec. 16, Pol. C. 1895; re-en. Sec. 16, Rev. C. 1907; amd. Sec. 4, Ch. 4, L. 1921; re-en. Sec. 16, R.C.M. 1921; Cal. Pol. C. Sec. 17; re-en. Sec. 16, R.C.M. 1935; amd. Sec. 1, Ch. 25, L. 1947; amd. Sec. 11-114, Ch. 264, L. 1963; amd. Sec. 3, Ch. 309, L. 1977; R.C.M. 1947, 19-103(part), (1), (2), (3), (8), (26).
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 1. General Provisions › Part 2. General Definitions of Terms Used in Code › 1-1-206. Terms relating to obligations and transactions

1-1-206. Terms relating to obligations and transactions.
Unless the context requires otherwise, the following definitions apply in the Montana Code Annotated:
(1) "Customary" means according to usage.
(2) "Third persons" means all persons who are not parties to the obligation or transaction concerning which the phrase is used.
(3) "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.
(4) "Usual" means according to usage.
History: En. Sec. 16, Pol. C. 1895; re-en. Sec. 16, Rev. C. 1907; amd. Sec. 4, Ch. 4, L. 1921; re-en. Sec. 16, R.C.M. 1921; Cal. Pol. C. Sec. 17; re-en. Sec. 16, R.C.M. 1935; amd. Sec. 1, Ch. 25, L. 1947; amd. Sec. 11-114, Ch. 264, L. 1963; amd. Sec. 3, Ch. 309, L. 1977; R.C.M. 1947, 19-103(part), (15) thru (18).
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 1. General Provisions › Part 2. General Definitions of Terms Used in Code › 1-1-207. Miscellaneous terms

1-1-207. Miscellaneous terms.
Unless the context requires otherwise, the following definitions apply in the Montana Code Annotated:
(1) "Bribe" means anything of value or advantage, present or prospective, or any promise or undertaking to give anything of value or advantage, that is asked, given, or accepted with a corrupt intent to unlawfully influence the person to whom it is given in the person's action, vote, or opinion in any public or official capacity.
(2) "Peace officer" has the meaning as defined in 46-1-202.
(3) (a) "Recidivism" means a circumstance in which any sentence is imposed for a new felony or in which a judge or the board of pardons and parole determines that a person convicted of a felony has violated the person's terms of probation or parole within 5 years of the imposition of a sentence for a previous felony conviction.
(b) The term does not include a violation that is a compliance violation, as defined in 46-23-1001.
(4) "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.
History: En. Sec. 16, Pol. C. 1895; re-en. Sec. 16, Rev. C. 1907; amd. Sec. 4, Ch. 4, L. 1921; re-en. Sec. 16, R.C.M. 1921; Cal. Pol. C. Sec. 17; re-en. Sec. 16, R.C.M. 1935; amd. Sec. 1, Ch. 25, L. 1947; amd. Sec. 11-114, Ch. 264, L. 1963; amd. Sec. 3, Ch. 309, L. 1977; R.C.M. 1947, 19-103(part), (11), (12), (24); amd. Sec. 249, Ch. 800, L. 1991; amd. Sec. 1, Ch. 189, L. 1997; amd. Sec. 1, Ch. 491, L. 1999; amd. Sec. 5, Ch. 641, L. 2023.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 1. General Provisions › Part 2. General Definitions of Terms Used in Code › 1-1-208. Terms relating to legislature

1-1-208. Terms relating to legislature.
(1) Unless the context requires otherwise, the following definitions apply in the Montana Code Annotated:
(a) "Majority leader" means the leader of the majority party, elected by the caucus as provided in 5-2-221.
(b) "Majority party" means the party with the most members in a house of the legislature, subject to subsection (2).
(c) "Minority leader" means the leader of the minority party, elected by the caucus as provided in 5-2-221.
(d) "Minority party" means the party with the second most members in a house of the legislature, subject to subsection (2).
(2) If there are an equal number of members of each party in a house of the legislature, then the majority party is the party of the president of the senate or the speaker of the house and the minority party is the other party with an equal number of members.
History: En. Sec. 1, Ch. 4, Sp. L. May 2007.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 1. General Provisions › Part 2. General Definitions of Terms Used in Code › 1-1-214. Repealed

1-1-214. Repealed.
Sec. 2, Ch. 17, L. 1991.
History: En. Sec. 2, Ch. 431, L. 1987.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 1. General Provisions › Part 2. General Definitions of Terms Used in Code › 1-1-215. Residence -- rules for determining

1-1-215. Residence -- rules for determining.
Every person has, in law, a residence. In determining the place of residence, the following rules are to be observed:
(1) It is the place where a person remains when not called elsewhere for labor or other special or temporary purpose and to which the person returns in seasons of repose.
(2) There may be only one residence. If a person claims a residence within Montana for any purpose, then that location is the person's residence for all purposes unless there is a specific statutory exception.
(3) A residence cannot be lost until another is gained.
(4) The residence of an unmarried minor is:
(a) the residence of the minor's parents;
(b) if one of the parents is deceased or the parents do not share the same residence, the residence of the parent having legal custody;
(c) if neither parent has legal custody, the residence of the legal guardian or custodian appointed by a court of competent jurisdiction; or
(d) if the conditions in 20-5-502 are met, the residence of the caretaker relative.
(5) In the case of a controversy, the district court has jurisdiction over which residence is the residence of an unmarried minor.
(6) Except as provided in Title 20, chapter 5, part 5, and this section, the residence of an unmarried minor who has a parent living cannot be changed by either the minor's own act or an act of the minor's guardian.
(7) The residence can be changed only by the union of act and intent.
History: En. Sec. 72, Pol. C. 1895; re-en. Sec. 32, Rev. C. 1907; re-en. Sec. 33, R.C.M. 1921; Cal. Pol. C. Sec. 52; re-en. Sec. 33, R.C.M. 1935; amd. Sec. 4, Ch. 164, L. 1975; R.C.M. 1947, 83-303; amd. Sec. 1, Ch. 367, L. 1997; amd. Sec. 4, Ch. 442, L. 2007; amd. Sec. 1, Ch. 211, L. 2011.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 1. General Provisions › Part 2. General Definitions of Terms Used in Code › 1-1-216. Legal holidays and business days

1-1-216. Legal holidays and business days.
(1) The following are legal holidays in the state of Montana:
(a) Each Sunday;
(b) New Year's Day, January 1;
(c) Martin Luther King Jr. Day, the third Monday in January;
(d) Lincoln's and Washington's Birthdays, the third Monday in February;
(e) Memorial Day, the last Monday in May;
(f) Independence Day, July 4;
(g) Labor Day, the first Monday in September;
(h) Columbus Day, the second Monday in October;
(i) Veterans' Day, November 11;
(j) Thanksgiving Day, the fourth Thursday in November;
(k) Christmas Day, December 25;
(l) State general election day.
(2) (a) If any of the holidays in subsection (1)(b) through (1)(l) fall on a Sunday, the Monday following is a holiday.
(b) If any of the holidays in subsection (1)(b) through (1)(l) fall on a Saturday, the Friday preceding is a holiday.
(c) All other days are business days.
History: En. Sec. 10, Pol. C. 1895; re-en. Sec. 10, Rev. C. 1907; amd. Sec. 1, Ch. 21, L. 1921; re-en. Sec. 10, R.C.M. 1921; Cal. Pol. C. Secs. 10-11; re-en. Sec. 10, R.C.M. 1935; amd. Sec. 1, Ch. 209, L. 1955; amd. Sec. 1, Ch. 6, L. 1965; amd. Sec. 1, Ch. 89, L. 1969; amd. Sec. 6, Ch. 32, L. 1971; amd. Sec. 1, Ch. 16, L. 1974; R.C.M. 1947, 19-107(part); amd. Sec. 1, Ch. 431, L. 1987; amd. Sec. 1, Ch. 17, L. 1991; amd. Sec. 1, Ch. 131, L. 2013.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 1. General Provisions › Part 2. General Definitions of Terms Used in Code › 1-1-217. Notice -- actual and constructive

1-1-217. Notice -- actual and constructive.
(1) Notice is:
(a) actual whenever it consists of express information of a fact;
(b) constructive whenever it is imputed by law.
(2) Each person who has actual notice of circumstances sufficient to put a prudent person upon inquiry as to a particular fact has constructive notice of the fact itself in all cases in which, by prosecuting the inquiry, the person might have learned the facts.
History: (1)En. Sec. 4666, Civ. C. 1895; re-en. Sec. 6228, Rev. C. 1907; re-en. Sec. 8780, R.C.M. 1921; Cal. Civ. C. Sec. 18; Based on Field Civ. C. Secs. 2009, 2010; re-en. Sec. 8780, R.C.M. 1935; amd. Sec. 4, Ch. 309, L. 1977; Sec. 19-105, R.C.M. 1947; (2)En. Sec. 4667, Civ. C. 1895; re-en. Sec. 6229, Rev. C. 1907; re-en. Sec. 8781, R.C.M. 1921; Cal. Civ. C. Sec. 19; Based on Field Civ. C. Sec. 2011; re-en. Sec. 8781, R.C.M. 1935; R.C.M. 1947, 19-106; R.C.M. 1947, 19-105, 19-106; amd. Sec. 6, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 1. General Provisions › Part 2. General Definitions of Terms Used in Code › 1-1-218. Words giving joint authority

1-1-218. Words giving joint authority.
Words giving a joint authority to three or more public officers or other persons are construed as giving such authority to a majority of them unless it is otherwise expressed in the act giving the authority.
History: En. Sec. 14, Pol. C. 1895; re-en. Sec. 14, Rev. C. 1907; re-en. Sec. 14, R.C.M. 1921; Cal. Pol. C. Sec. 15; re-en. Sec. 14, R.C.M. 1935; R.C.M. 1947, 19-101.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 1. General Provisions › Part 2. General Definitions of Terms Used in Code › 1-1-219. Relationship by affinity

1-1-219. Relationship by affinity.
(1) Unless the context requires otherwise, in this code "affinity" means the relation that one spouse has, by virtue of the marriage, to blood relatives of the other. Therefore, a person has the same relation by affinity to that person's spouse's blood relatives as that person's spouse has to them by consanguinity and vice versa.
(2) Degrees of relationship by affinity are computed in the same manner as degrees of relationship by consanguinity.
(3) Notwithstanding subsection (1), the term "affinity" includes the relation of husband and wife. Husband and wife are considered to be related by affinity in the first degree.
History: En. Sec. 1, Ch. 119, L. 1979; amd. Sec. 7, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 1. General Provisions › Part 2. General Definitions of Terms Used in Code › 1-1-224. Observance of right to keep and bear arms

1-1-224. Observance of right to keep and bear arms.
The week beginning the first Monday in March is an official week of observance to commemorate Montana's valued heritage of the right of each person to keep and bear arms in the defense of the person's home, person, or property or in aid of civil power. During this week, all Montanans are urged to reflect on their right to keep and bear arms and to celebrate this right in lawful ways.
History: En. Sec. 1, Ch. 421, L. 1991; amd. Sec. 8, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 1. General Provisions › Part 2. General Definitions of Terms Used in Code › 1-1-225. Arbor Day as official day of observance

1-1-225. Arbor Day as official day of observance.
(1) To increase public awareness of the vital importance of conserving and propagating trees and forests to the everyday life of Montana citizens, the last Friday in April is designated Arbor Day and an official day of observance. On this day, there may be special observances and exercises throughout the state to celebrate and emphasize the importance of cultivating forest, fruit, and ornamental trees.
(2) The governor shall encourage the observances and exercises described in this section and, by proclamation, call the public's attention to the importance of the state's forest resources.
History: En. Sec. 1, Ch. 16, L. 1989.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 1. General Provisions › Part 2. General Definitions of Terms Used in Code › 1-1-226. Official observance of Montana's hunting heritage

1-1-226. Official observance of Montana's hunting heritage.
The week beginning the third Monday in September is an official week of observance in Montana to commemorate this state's valued heritage of hunting game animals. During this week, all Montanans are urged to:
(1) reflect on hunting as an expression of our culture and heritage;
(2) acknowledge that it is our community of hunters who have made the greatest contributions to the establishment of current game animal populations; and
(3) celebrate this culture and heritage in all lawful ways.
History: En. Sec. 1, Ch. 455, L. 1991; amd. Sec. 9, Ch. 61, L. 2007.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 1. General Provisions › Part 2. General Definitions of Terms Used in Code › 1-1-227. Bill of rights day

1-1-227. Bill of rights day.
There is established a bill of rights day for the state of Montana. The bill of rights day is December 15 of each year to commemorate the day in 1791 in which three-fourths of the states ratified the bill of rights as part of the U.S. constitution.
History: En. Sec. 1, Ch. 477, L. 2007.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 1. General Provisions › Part 2. General Definitions of Terms Used in Code › 1-1-228. American Indian heritage day

1-1-228. American Indian heritage day.
There is established an American Indian heritage day for the state of Montana. American Indian heritage day is the last Friday in September of each year and is recognized as a day of observance to commemorate this state's American Indians and their valued heritage and culture. On this day, all Montanans are urged to:
(1) reflect on American Indian culture and heritage; and
(2) celebrate American Indians and their culture and heritage in all lawful ways.
History: En. Sec. 1, Ch. 93, L. 2009.
2023 Montana Code Annotated › Title 1. General Laws and Definitions › Chapter 1. General Provisions › Part 2. General Definitions of Terms Used in Code › 1-1-229. State teen driver safety day

1-1-229. State teen driver safety day.
(1) To increase public awareness and promote teen driver safety, the third Tuesday in October is designated as teen driver safety day and is an official day of observance.
(2) All Montanans are encouraged to participate in special observances and exercises throughout the state on this day in order to educate teens about the fatal consequences of distractions while driving and to promote teen driver safety. The governor and the office of public instruction may officially recognize and encourage the observances and exercises described in this section.
History: En. Sec. 1, Ch. 333, L. 2009.