reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 19. Rental and Rental-Purchase Agreements › Part 1. Montana Rental-Purchase Agreement Act › 30-19-103. Definitions

30-19-103. Definitions.
As used in this part, the following definitions apply:
(1) "Advertisement" means a commercial message in any medium that aids, promotes, or assists, directly or indirectly, a rental-purchase agreement but does not include price tags, window signs, or other in-store merchandising aids.
(2) "Cash price" means the price at which the lessor would have sold the property to the consumer for cash on the date of the rental-purchase agreement.
(3) "Consumer" means a person who rents personal property under a rental-purchase agreement to be used primarily for personal, family, or household purposes.
(4) "Consummation" means the time that a consumer becomes contractually obligated by signing a rental-purchase agreement.
(5) "Lessor" means a person who regularly provides the use of property through rental-purchase agreements and to whom rent payments are initially payable on the face of the rental-purchase agreement.
(6) "Rental-purchase agreement" or "agreement" means an agreement between a lessor and a consumer that has the following characteristics:
(a) the agreement governs the use of personal property by a person primarily for personal, family, or household purposes;
(b) the agreement is entered into for an initial period of 4 months or less and is automatically renewable with each payment after the initial period;
(c) the agreement does not obligate or require the consumer to continue renting or using the property beyond the initial period; and
(d) the agreement permits the consumer to become the owner of the property.
History: En. Sec. 3, 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 › 30-19-104. Exemptions of applicability

30-19-104. Exemptions of applicability.
(1) The provisions of this part are not subject to laws relating to:
(a) retail installment sales contracts as defined in 31-1-202;
(b) security interests regulated by the provisions of Title 30, chapters 1 through 9A;
(c) leases regulated by the provisions of Title 30, chapter 2A;
(d) personal solicitation sales defined in 30-14-502; and
(e) interest rates or loans on money as provided for in Title 31, chapter 1.
(2) The provisions of this part do not apply to:
(a) a lease-purchase agreement primarily for business, commercial, or agricultural purposes or agreements made with governmental agencies, political subdivisions, or organizations;
(b) a lease or bailment of personal property that is incidental to the lease of real property and that provides the consumer with no option to purchase the leased property; or
(c) the lease of a motor vehicle.
History: En. Sec. 4, 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 › 30-19-109. Disclosure of information

30-19-109. Disclosure of information.
(1) A lessor shall disclose to the consumer the information provided for in 30-19-110.
(2) The disclosure must be made at or before consummation of the rental-purchase agreement.
(3) The disclosure must be made clearly and conspicuously in writing, and a copy of the rental-purchase agreement must be provided to the consumer.
(4) The disclosure information required under 30-19-110 must be provided for on the face of the contract above the line provided for the consumer's signature.
(5) If a disclosure becomes inaccurate as a result of any act, occurrence, or agreement by the consumer after the delivery of the required disclosure, the resulting inaccuracy is not in violation of this part.
History: En. Sec. 5, 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 › 30-19-110. Information required in disclosure

30-19-110. Information required in disclosure.
For each rental-purchase agreement, the lessor shall disclose the following items in the agreement:
(1) the total number, the amount, and the timing of all rental payments necessary to acquire ownership of the property;
(2) a statement that the consumer will not have an ownership interest in the property until the consumer has made the total number of rental payments necessary to acquire ownership;
(3) a statement that the consumer is responsible for the fair market value of the property if the property is lost, stolen, damaged, or destroyed;
(4) a brief description of the rented property sufficient to identify the property to the consumer and the lessor. The description of the rented property may include an identification number and must include a statement indicating whether the property is new or used. A lessor is not liable for a statement that inadvertently describes property as being used if the property is new.
(5) a brief description of any existing damage to the rental property;
(6) a statement of the cash price of the property. If the agreement involves the rental of more than one item as a set, in one agreement, a statement of the combined cash price of the items in the set may be stated.
(7) the total of the initial payments paid or required at or before consummation of the rental-purchase agreement or delivery of the property, whichever is later;
(8) (a) a statement that the total amount of the rental payment does not include taxes or other charges and fees, including but not limited to:
(i) late payment;
(ii) processing;
(iii) default;
(iv) pickup;
(v) liability damage waiver;
(vi) insurance; or
(vii) other charges or fees that are necessary and appropriate; and
(b) the charges and fees identified in subsection (8)(a), itemized separately;
(9) a statement informing the consumer that the consumer has the right to exercise an early purchase option;
(10) (a) a statement identifying the party responsible and a description of the responsibility for maintaining or servicing the property while it is being rented; and
(b) if the property is covered by a manufacturer's warranty, a notice that the warranty is transferred to the consumer if the consumer acquires ownership of the property and if the manufacturer's warranty allows for the transfer;
(11) the date of the transaction and the identities of the consumer and the lessor;
(12) a statement that the consumer may terminate the agreement without penalty by voluntarily surrendering or returning the property in good repair, except for ordinary wear and tear, on the expiration of any rental term agreement along with any past-due rent payments, if any; and
(13) notice of the right to reinstate an agreement as provided in 30-19-112.
History: En. Sec. 6, 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 › 30-19-111. Provisions prohibited in agreements

30-19-111. Provisions prohibited in agreements.
A rental-purchase agreement may not contain:
(1) a confession of judgment;
(2) a negotiable instrument;
(3) a security interest or any other claim of property interest in any property except the property delivered by the lessor pursuant to the rental-purchase agreement;
(4) a wage assignment;
(5) a waiver of claims or defenses by the consumer; and
(6) a provision authorizing the lessor or any person acting on the lessor's behalf to enter the consumer's premises or to commit any breach of the peace in the repossession of property.
History: En. Sec. 7, 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 › 30-19-112. Reinstatement of agreement -- repossession

30-19-112. Reinstatement of agreement -- repossession.
(1) A consumer who fails to make a timely rent payment may reinstate the agreement, without losing any rights or options that existed in the original agreement, by paying:
(a) all past-due rent payments;
(b) the next rent payment;
(c) reasonable pickup and redelivery costs if the property was picked up by the lessor; and
(d) any applicable late fees.
(2) A consumer exercising the reinstatement option provided for in subsection (1) must provide the applicable payments to the lessor within:
(a) 5 days of the renewal date if the agreement specified a monthly payment schedule; or
(b) 2 days of the renewal date if the agreement specified a semimonthly payment schedule.
(3) If a consumer has not made two-thirds of the total payments necessary to acquire ownership of the property and has returned or voluntarily surrendered the property during the applicable reinstatement period established in this section, the consumer may reinstate the agreement during a period of not less than 21 days after the date of the return of the property.
(4) If a consumer has made two-thirds or more of the total payments necessary to acquire ownership of the property and has returned or voluntarily surrendered the property during the applicable reinstatement period established in this section, the consumer may reinstate the agreement during a period of not less than 45 days after the date of the return of the property.
(5) The provisions of subsections (3) and (4) do not apply to instances when the consumer returned or surrendered the property on an order from a court.
(6) This section does not prevent a lessor from attempting to repossess property during the reinstatement period, but the repossession does not affect the consumer's right to reinstate the agreement. If the agreement is reinstated, the lessor shall provide the consumer with the same property or substitute property of comparable quality and condition.
History: En. Sec. 8, 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 › 30-19-113. Written receipt for cash or money order

30-19-113. Written receipt for cash or money order.
A lessor shall provide the consumer, at the consumer's request, a written receipt for any payment made by cash or money order.
History: En. Sec. 9, 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 › 30-19-114. Renegotiation of rental-purchase agreement -- extension not considered renegotiation

30-19-114. Renegotiation of rental-purchase agreement -- extension not considered renegotiation.
(1) A renegotiation of an agreement must occur when an existing agreement is satisfied and replaced by a new agreement between the lessor and the consumer. A renegotiation is considered a new agreement and requires new disclosures as provided for in 30-19-110. The following events may not be treated as a renegotiation:
(a) the addition or return of property in a multiple-item agreement or in the substitution of the rental property, if in either case the average payment allocable to a payment period is not changed by more than 25%;
(b) a deferral or extension of one or more periodic payments or portions of a periodic payment;
(c) a reduction in charges in the agreement; or
(d) an agreement involved in a court proceeding.
(2) An extension of an agreement is not a renegotiation.
History: En. Sec. 10, 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 › 30-19-115. Advertisement of rental-purchase agreement

30-19-115. Advertisement of rental-purchase agreement.
(1) An advertisement for an agreement that refers to or states the monetary amount of any payment and the right to acquire ownership of property must clearly and conspicuously state:
(a) that the transaction advertised is a rental-purchase agreement;
(b) the total payments necessary to acquire ownership of any specific item; and
(c) that the consumer acquires no ownership interest if the total amount necessary to acquire the property is not paid.
(2) An owner or employee of an advertising enterprise preparing or providing advertising to an entity offering rental-purchase agreements is not liable for omissions or errors in advertisements.
History: En. Sec. 11, 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 › 30-19-116. Enforcement -- bona fide errors

30-19-116. Enforcement -- bona fide errors.
(1) Except when inconsistent with the provisions of this part, a violation of this part is a violation of Title 30, chapter 14, part 1.
(2) (a) A lessor may not be held liable for a violation of the provisions of this part if the lessor proves by a preponderance of evidence that the violation was not intentional and resulted from bona fide error despite the lessor's maintenance of procedures reasonably intended to avoid the error.
(b) (i) For the purposes of this section, a bona fide error includes but is not limited to clerical, calculation, computer malfunction, programming, and printing error.
(ii) An error of legal judgment with respect to a person's obligations under this part is not a bona fide error.
History: En. Sec. 12, Ch. 263, L. 2001.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 20. Firearms and Ammunition Made in Montana › Part 1. Montana Firearms Freedom Act › 30-20-102. Legislative declarations of authority

30-20-102. Legislative declarations of authority.
The legislature declares that the authority for this part is the following:
(1) The 10th amendment to the United States constitution guarantees to the states and their people all powers not granted to the federal government elsewhere in the constitution and reserves to the state and people of Montana certain powers as they were understood at the time that Montana was admitted to statehood in 1889. The guaranty of those powers is a matter of contract between the state and people of Montana and the United States as of the time that the compact with the United States was agreed upon and adopted by Montana and the United States in 1889.
(2) The ninth amendment to the United States constitution guarantees to the people rights not granted in the constitution and reserves to the people of Montana certain rights as they were understood at the time that Montana was admitted to statehood in 1889. The guaranty of those rights is a matter of contract between the state and people of Montana and the United States as of the time that the compact with the United States was agreed upon and adopted by Montana and the United States in 1889.
(3) The regulation of intrastate commerce is vested in the states under the 9th and 10th amendments to the United States constitution, particularly if not expressly preempted by federal law. Congress has not expressly preempted state regulation of intrastate commerce pertaining to the manufacture on an intrastate basis of firearms, firearms accessories, and ammunition.
(4) The second amendment to the United States constitution reserves to the people the right to keep and bear arms as that right was understood at the time that Montana was admitted to statehood in 1889, and the guaranty of the right is a matter of contract between the state and people of Montana and the United States as of the time that the compact with the United States was agreed upon and adopted by Montana and the United States in 1889.
(5) Article II, section 12, of the Montana constitution clearly secures to Montana citizens, and prohibits government interference with, the right of individual Montana citizens to keep and bear arms. This constitutional protection is unchanged from the 1889 Montana constitution, which was approved by congress and the people of Montana, and the right exists as it was understood at the time that the compact with the United States was agreed upon and adopted by Montana and the United States in 1889.
History: En. Sec. 2, Ch. 205, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 20. Firearms and Ammunition Made in Montana › Part 1. Montana Firearms Freedom Act › 30-20-103. Definitions

30-20-103. Definitions.
As used in this part, the following definitions apply:
(1) "Borders of Montana" means the boundaries of Montana described in Article I, section 1, of the 1889 Montana constitution.
(2) "Firearms accessories" means items that are used in conjunction with or mounted upon a firearm but are not essential to the basic function of a firearm, including but not limited to telescopic or laser sights, magazines, flash or sound suppressors, folding or aftermarket stocks and grips, speedloaders, ammunition carriers, and lights for target illumination.
(3) "Generic and insignificant parts" includes but is not limited to springs, screws, nuts, and pins.
(4) "Manufactured" means that a firearm, a firearm accessory, or ammunition has been created from basic materials for functional usefulness, including but not limited to forging, casting, machining, or other processes for working materials.
History: En. Sec. 3, Ch. 205, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 20. Firearms and Ammunition Made in Montana › Part 1. Montana Firearms Freedom Act › 30-20-104. Prohibitions

30-20-104. Prohibitions.
A personal firearm, a firearm accessory, or ammunition that is manufactured commercially or privately in Montana and that remains within the borders of Montana is not subject to federal law or federal regulation, including registration, under the authority of congress to regulate interstate commerce. It is declared by the legislature that those items have not traveled in interstate commerce. This section applies to a firearm, a firearm accessory, or ammunition that is manufactured in Montana from basic materials and that can be manufactured without the inclusion of any significant parts imported from another state. Generic and insignificant parts that have other manufacturing or consumer product applications are not firearms, firearms accessories, or ammunition, and their importation into Montana and incorporation into a firearm, a firearm accessory, or ammunition manufactured in Montana does not subject the firearm, firearm accessory, or ammunition to federal regulation. It is declared by the legislature that basic materials, such as unmachined steel and unshaped wood, are not firearms, firearms accessories, or ammunition and are not subject to congressional authority to regulate firearms, firearms accessories, and ammunition under interstate commerce as if they were actually firearms, firearms accessories, or ammunition. The authority of congress to regulate interstate commerce in basic materials does not include authority to regulate firearms, firearms accessories, and ammunition made in Montana from those materials. Firearms accessories that are imported into Montana from another state and that are subject to federal regulation as being in interstate commerce do not subject a firearm to federal regulation under interstate commerce because they are attached to or used in conjunction with a firearm in Montana.
History: En. Sec. 4, Ch. 205, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 20. Firearms and Ammunition Made in Montana › Part 1. Montana Firearms Freedom Act › 30-20-105. Exceptions

30-20-105. Exceptions.
Section 30-20-104 does not apply to:
(1) a firearm that cannot be carried and used by one person;
(2) a firearm that has a bore diameter greater than 1 1/2 inches and that uses smokeless powder, not black powder, as a propellant;
(3) ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm; or
(4) a firearm that discharges two or more projectiles with one activation of the trigger or other firing device.
History: En. Sec. 5, Ch. 205, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 20. Firearms and Ammunition Made in Montana › Part 1. Montana Firearms Freedom Act › 30-20-106. Marketing of firearms

30-20-106. Marketing of firearms.
A firearm manufactured or sold in Montana under this part must have the words "Made in Montana" clearly stamped on a central metallic part, such as the receiver or frame.
History: En. Sec. 6, Ch. 205, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 20. Firearms and Ammunition Made in Montana › Part 2. Montana Ammunition Availability Act › 30-20-202. Legislative findings

30-20-202. Legislative findings.
(1) In recognition that the people of Montana have reserved to themselves the individual right to bear arms in Article II, section 12, of the Montana constitution, the legislature finds that both this right and the firearms that the people possess are at serious risk if the people cannot obtain ammunition for firearms. An adequate source of ammunition is an indivisible and essential part of the right to bear arms. The people of Montana are totally dependent upon a very few manufacturers of smokeless propellant, small arms primers, and cartridge cases located in other states for small arms ammunition used in Montana.
(2) The legislature intends to encourage the manufacture of smokeless propellant, small arms primers, and cartridge cases within the borders of Montana to ensure availability of small arms ammunition for the people of Montana and to fully implement the right to bear arms that the people have reserved to themselves.
History: En. Sec. 2, Ch. 440, L. 2015.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 20. Firearms and Ammunition Made in Montana › Part 2. Montana Ammunition Availability Act › 30-20-203. Definitions

30-20-203. Definitions.
As used in this part, the following definitions apply:
(1) "Ammunition components" means propellants, primers, and cartridge cases.
(2) "Black powder" means a propellant made from potassium or sodium nitrate, charcoal, and sulfur or a substitute for black powder made differently that is used for conventional small arms or antique or replica arms.
(3) "Cartridge cases" means the casings that contain and hold together the propellant, primer, and bullet, which may be formed from brass, aluminum, steel, plastic, or some combination of those or other materials.
(4) "Primary business" means a manufacturer in which more than one-half of its product produced is and more than one-half of its gross income comes from sales of ammunition components.
(5) "Propellant" includes smokeless propellant and black powder.
(6) "Small arms" means pistols, revolvers, rifles, shotguns, and other similar devices that are portable by one person, the possession and use of which are protected by Article II, section 12, of the Montana constitution.
(7) "Small arms primers" means the priming component for a round of ammunition intended for use in small arms that is usually made of a cup, an anvil, and a shock-sensitive chemical compound and is designed to ignite the propellant in an ammunition cartridge for conventional small arms.
(8) "Smokeless propellant" means a chemical substance designed to expel a projectile from small arms through burning and expansion at a quick but controlled burning rate.
History: En. Sec. 3, Ch. 440, L. 2015.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 20. Firearms and Ammunition Made in Montana › Part 2. Montana Ammunition Availability Act › 30-20-204. Property tax exemption for manufacturing of ammunition components -- conditions -- real property exemption applies to safety zone

30-20-204. (Temporary) Property tax exemption for manufacturing of ammunition components -- conditions -- real property exemption applies to safety zone.
(1) A person or entity in this state engaged in the primary business of the manufacture of ammunition components that meets the conditions in subsections (2) through (4) is exempt from:
(a) property taxes levied for state educational purposes under 15-10-109, 20-9-331, 20-9-333, 20-9-360, and 20-25-439; and
(b) business equipment tax levied pursuant to 15-6-138.
(2) A person or entity in this state engaged in the primary business of the manufacture of ammunition components is exempt from property taxation as provided under subsection (1) if the person's or entity's business meets the following conditions:
(a) the products of the business are and remain available to commercial and individual consumers in the state;
(b) the business sells its products to in-state commercial and individual consumers for a price no greater than that for out-of-state purchasers, including any products that leave the state regardless of destination or purchaser; and
(c) the business does not enter into any agreement or contract that could actually or potentially command or commit all of its production to out-of-state consumers or interfere with or prohibit sales and provision of products to in-state consumers.
(3) The exemptions allowed under subsection (1) apply only to the property and business activity attributable to the manufacture of ammunition components.
(4) The real property exemption allowed under subsection (1)(a) encompasses any property within 500 yards of a structure used for the manufacture of ammunition components or of any structure used for storage of products manufactured onsite. (Terminates December 31, 2024--sec. 16, Ch. 440, L. 2015.)
History: En. Sec. 4, Ch. 440, L. 2015; amd. Sec. 21, Ch. 3, L. 2019.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 20. Firearms and Ammunition Made in Montana › Part 2. Montana Ammunition Availability Act › 30-20-205. Tort liability

30-20-205. Tort liability.
The provisions of 27-1-720 apply to ammunition components manufactured in Montana.
History: En. Sec. 5, Ch. 440, L. 2015.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 20. Firearms and Ammunition Made in Montana › Part 2. Montana Ammunition Availability Act › 30-20-206. Economic development

30-20-206. Economic development.
The establishment of a primary business is a qualified economic development purpose pursuant to 90-1-117 through 90-1-119 and Title 90, chapter 1, part 2.
History: En. Sec. 6, Ch. 440, L. 2015.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 22. Nonferrous Metal Transactions › Part 1. General Provisions › 30-22-101. Definitions

30-22-101. Definitions.
As used in this part, unless the context requires otherwise, the following definitions apply:
(1) "Nonferrous metal" means metal and metal alloys not containing significant quantities of iron or steel, including but not limited to:
(a) copper;
(b) brass;
(c) aluminum, other than aluminum cans;
(d) bronze;
(e) lead;
(f) zinc;
(g) nickel;
(h) stainless steel, including stainless steel beer kegs; and
(i) precious metals, including catalytic converters and their component parts and materials.
(2) "Person" means an individual, partnership, corporation, joint venture, trust, association, or any other legal entity.
(3) "Salvage metal dealer" means a person who is engaged in the business of paying, trading, recycling, or bartering for or collecting nonferrous metals that have served their original economic purpose, whether or not the person is engaged in the business of performing the manufacturing process by which ferrous metals or nonferrous metals are converted into raw material products consisting of prepared grades and having an existing or potential economic value.
(4) "Seller" means a person who sells or delivers nonferrous metal or otherwise makes nonferrous metal available to a salvage metal dealer.
History: En. Sec. 1, Ch. 316, L. 2009; amd. Sec. 1, Ch. 174, L. 2013; amd. Sec. 3, Ch. 372, L. 2023.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 22. Nonferrous Metal Transactions › Part 1. General Provisions › 30-22-102. Recordkeeping

30-22-102. Recordkeeping.
(1) A salvage metal dealer shall:
(a) maintain a nonferrous metal acquisition record for nonferrous metal transactions that include a catalytic converter or that exceed $50;
(b) retain a nonferrous metal acquisition record for a period of not less than 2 years from the date of the transaction; and
(c) make nonferrous metal acquisition records available to any peace officer on demand.
(2) The nonferrous metal acquisition record required under subsection (1) must contain:
(a) the time and date of the transaction and the name of the person conducting the transaction on behalf of the salvage metal dealer;
(b) a general description, using scrap specifications recognized by the institute of scrap recycling industries, inc., of the property acquired, including the type and amount and, if readily discernible, any identifiable marks on the property;
(c) the amount of consideration given for the nonferrous metal;
(d) a photocopy or scanned copy of a current, valid driver's license, passport, or state identification card of the seller, except that the identification copies required under this subsection (2)(d) do not apply if a check for payment is provided to a seller or transferor;
(e) a signature of the seller or transferor;
(f) a description of any motor vehicle and its license number used in the delivery of the nonferrous metal; and
(g) if the transaction includes a catalytic converter, documentation showing the catalytic converter was removed from a vehicle registered to the seller.
History: En. Sec. 2, Ch. 316, L. 2009; amd. Sec. 4, Ch. 372, L. 2023.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 22. Nonferrous Metal Transactions › Part 1. General Provisions › 30-22-103. Penalty

30-22-103. Penalty.
A salvage metal dealer who violates the provisions of 30-22-102 is guilty of a misdemeanor. Absolute liability, as provided for in 45-2-104, is imposed for a violation of 30-22-102.
History: En. Sec. 3, Ch. 316, L. 2009.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 22. Nonferrous Metal Transactions › Part 1. General Provisions › 30-22-104. Sale of catalytic converters

30-22-104. Sale of catalytic converters.
(1) A seller who is not a licensed salvage metal dealer may not sell more than one catalytic converter to a salvage metal dealer a day.
(2) Unless the transaction or exchange is with another salvage metal dealer, a salvage metal dealer may not:
(a) provide any consideration to a seller of a catalytic converter until 72 hours after the most recent transaction between the salvage metal dealer and the seller; and
(b) pay more than $30 in cash, stored value device, or electronic fund transfer for any transaction that includes a catalytic converter. Additional consideration contracted for must be paid by check.
History: En. Sec. 1, Ch. 372, L. 2023.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 23. Genetic Information Privacy › Part 1. Genetic Information Privacy Act › 30-23-102. Definitions

30-23-102. Definitions.
As used in this part, unless the context clearly indicates otherwise, the following definitions apply:
(1) "Biological sample" means any human material known to contain DNA, including tissue, blood, urine, or saliva.
(2) "Consumer" means an individual who is a resident of this state.
(3) "DNA" means deoxyribonucleic acid.
(4) "Entity" means a partnership, corporation, association, or public or private organization of any character that:
(a) offers consumer genetic testing products or services directly to a consumer; or
(b) collects, uses, or analyzes genetic data.
(5) "Express consent" means a consumer's affirmative response to a clear, meaningful, and prominent notice regarding the collection, use, or disclosure of genetic data for a specific purpose.
(6) (a) "Genetic data" means any data, regardless of format, concerning a consumer's genetic characteristics.
(b) The term includes but is not limited to:
(i) raw sequence data that result from sequencing all or a portion of a consumer's extracted DNA;
(ii) genotypic and phenotypic information obtained from analyzing a consumer's raw sequence data; and
(iii) self-reported health information regarding a consumer's health conditions that the consumer provides to an entity that the entity:
(A) uses for scientific research or product development; and
(B) analyzes in connection with the consumer's raw sequence data.
(7) "Genetic testing" means:
(a) a laboratory test of a consumer's complete DNA, regions of DNA, chromosomes, genes, or gene products to determine the presence of genetic characteristics of a consumer; or
(b) an interpretation of a consumer's genetic data.
(8) "Governmental agency" means an executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or of a state or of a county, municipality, or other political subdivision of a state.
(9) "Person" means an individual, partnership, corporation, association, business, business trust, or legal representative of an organization.
(10) "Processor" means a person that processes genetic data on behalf of an entity pursuant to a contract between the entity and the processor that prohibits the processor from retaining, using, or disclosing the genetic data, or any information regarding the identity of the consumer, including whether that consumer has solicited or received genetic testing, as applicable, for any purpose other than for the specific purpose of performing the services specified in the contract.
(11) "Third party" means a person other than the consumer, entity, or processor.
History: En. Sec. 2, Ch. 768, L. 2023.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 23. Genetic Information Privacy › Part 1. Genetic Information Privacy Act › 30-23-103. Exceptions

30-23-103.  Exceptions.
(1) This part does not apply to:
(a) protected health information that is collected by a covered entity or business associate as those terms are defined in 45 CFR, parts 160 and 164, if separate informed consent related to the collection, use, and dissemination of genetic data is obtained from the consumer, parent, guardian, or power of attorney, and the covered entity or business associate follows the policies under 30-23-104(6)(a) through (6)(d);
(b) an entity when it is engaged only in collecting, using, or analyzing genetic data or biological samples in the context of research as defined in 45 CFR 164.501 conducted with the express consent of an individual and in accordance with:
(i) the federal policy for the protection of human research subjects under 45 CFR, part 46, the good clinical practice guideline issued by the international council for harmonisation of technical requirements for pharmaceuticals for human use; or
(ii) the United States food and drug administration policy for the protection of human subjects under 21 CFR, parts 50 and 56; or
(c) uses by a governmental agency.
(2) Beginning June 1, 2025, any collection, storage, use, or dissemination of genetic data by a governmental agency must be performed in accordance with a specific state law or executed through a search warrant.
History: En. Sec. 3, Ch. 768, L. 2023.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 23. Genetic Information Privacy › Part 1. Genetic Information Privacy Act › 30-23-105. Disclosure -- when prohibited -- when express consent required

30-23-105. Disclosure -- when prohibited -- when express consent required.
(1) The disclosure of genetic data pursuant to this part must comply with all state and federal laws for the protection of privacy and security.
(2) Notwithstanding any other provisions in 30-23-104, an entity may not disclose a consumer's genetic data to any entity offering health insurance, life insurance, or long-term care insurance, or to any employer of the consumer without the consumer's express consent.
History: En. Sec. 5, Ch. 768, L. 2023.
2023 Montana Code Annotated › Title 30. Trade and Commerce › Chapter 23. Genetic Information Privacy › Part 1. Genetic Information Privacy Act › 30-23-106. Enforcement

30-23-106. Enforcement.
(1) The attorney general has the sole authority to enforce this part.
(2) The attorney general may initiate a civil enforcement action against a person for violation of this part.
(3) In an action to enforce this part, the attorney general may recover:
(a) actual damages to the consumer;
(b) costs;
(c) reasonable attorney fees; and
(d) $2,500 for each violation of 30-23-104.
History: En. Sec. 6, Ch. 768, L. 2023.
2023 Montana Code Annotated › Title 31. Credit Transactions and Relationships › Chapter 1. Credit Transactions › Part 1. Loans of Money -- Interest Rates › 31-1-101. Loan of money -- what constitutes

31-1-101. Loan of money -- what constitutes.
A loan of money is a contract by which a person delivers a sum of money to another person and the other person agrees to return at a future time a sum equivalent to that which the other person borrowed. A loan for mere use is governed by the law on loan for use.
History: En. Sec. 2580, Civ. C. 1895; re-en. Sec. 5206, Rev. C. 1907; re-en. Sec. 7720, R.C.M. 1921; Cal. Civ. C. Sec. 1912; Field Civ. C. Sec. 966; re-en. Sec. 7720, R.C.M. 1935; R.C.M. 1947, 47-119; amd. Sec. 968, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 31. Credit Transactions and Relationships › Chapter 1. Credit Transactions › Part 1. Loans of Money -- Interest Rates › 31-1-102. Loan to be repaid in current money

31-1-102. Loan to be repaid in current money.
A borrower of money, unless there is an express contract to the contrary, must pay the amount due in such money as is current at the time when the loan becomes due, whether such money is worth more or less than the actual money lent.
History: En. Sec. 2581, Civ. C. 1895; re-en. Sec. 5207, Rev. C. 1907; re-en. Sec. 7721, R.C.M. 1921; Cal. Civ. C. Sec. 1913; Field Civ. C. Sec. 967; re-en. Sec. 7721, R.C.M. 1935; R.C.M. 1947, 47-120.
2023 Montana Code Annotated › Title 31. Credit Transactions and Relationships › Chapter 1. Credit Transactions › Part 1. Loans of Money -- Interest Rates › 31-1-103. Loan presumed to be on interest

31-1-103. Loan presumed to be on interest.
Whenever a loan of money is made, it is presumed to be made upon interest unless it is otherwise expressly stipulated at the time in writing.
History: En. Sec. 2582, Civ. C. 1895; re-en. Sec. 5208, Rev. C. 1907; re-en. Sec. 7722, R.C.M. 1921; Cal. Civ. C. Sec. 1914; Based on Field Civ. C. Sec. 968; re-en. Sec. 7722, R.C.M. 1935; R.C.M. 1947, 47-121.
2023 Montana Code Annotated › Title 31. Credit Transactions and Relationships › Chapter 1. Credit Transactions › Part 1. Loans of Money -- Interest Rates › 31-1-104. Interest defined

31-1-104. Interest defined.
Interest is the compensation allowed by law or fixed by the parties for the use or forbearance or detention of money and includes loan origination fees, points, and prepaid finance charges, as defined in 12 CFR 226.2.
History: En. Sec. 2583, Civ. C. 1895; re-en. Sec. 5209, Rev. C. 1907; re-en. Sec. 7723, R.C.M. 1921; Cal. Civ. C. Sec. 1915; Based on Field Civ. C. Sec. 969; re-en. Sec. 7723, R.C.M. 1935; R.C.M. 1947, 47-122; amd. Sec. 1, Ch. 125, L. 2005.
2023 Montana Code Annotated › Title 31. Credit Transactions and Relationships › Chapter 1. Credit Transactions › Part 1. Loans of Money -- Interest Rates › 31-1-105. Annual rate

31-1-105. Annual rate.
When a rate of interest is prescribed by a law or contract without specifying the period of time by which such rate is to be calculated, it is to be deemed an annual rate.
History: En. Sec. 2584, Civ. C. 1895; re-en. Sec. 5210, Rev. C. 1907; re-en. Sec. 7724, R.C.M. 1921; Cal. Civ. C. Sec. 1916; Field Civ. C. Sec. 970; re-en. Sec. 7724, R.C.M. 1935; R.C.M. 1947, 47-123.
2023 Montana Code Annotated › Title 31. Credit Transactions and Relationships › Chapter 1. Credit Transactions › Part 1. Loans of Money -- Interest Rates › 31-1-106. Legal interest

31-1-106. Legal interest.
(1) Except as otherwise provided by the Uniform Commercial Code, 31-1-111, and 31-1-112, unless there is an express contract in writing fixing a different rate or a law or ordinance or resolution of a public body fixing a different rate on its obligations, interest is payable on all money at the rate of 10% a year after it becomes due on:
(a) any instrument of writing, except a judgment;
(b) an account stated;
(c) money lent or due on any settlement of accounts from the date on which the balance is ascertained; and
(d) money received for the use of another person and detained from that person.
(2) In the computation of interest for a period of less than 1 year, 365 days constitute a year.
History: En. Sec. 2585, Civ. C. 1895; amd. Sec. 1, p. 125, L. 1899; re-en. Sec. 5211, Rev. C. 1907; re-en. Sec. 7725, R.C.M. 1921; Cal. Civ. C. Sec. 1917; amd. Sec. 1, Ch. 144, L. 1933; re-en. Sec. 7725, R.C.M. 1935; amd. Sec. 11-130, Ch. 264, L. 1963; amd. Sec. 38, Ch. 234, L. 1971; amd. Sec. 11, Ch. 185, L. 1977; R.C.M. 1947, 47-124; amd. Sec. 3, Ch. 275, L. 1981; amd. Sec. 1, Ch. 9, L. 1983; amd. Sec. 1, Ch. 263, L. 1985; amd. Sec. 20, Ch. 455, L. 2001; amd. Sec. 1, Ch. 278, L. 2013.
2023 Montana Code Annotated › Title 31. Credit Transactions and Relationships › Chapter 1. Credit Transactions › Part 1. Loans of Money -- Interest Rates › 31-1-107. Interest rate allowed by agreement

31-1-107. Interest rate allowed by agreement.
(1) Parties may agree in writing to the payment of any rate of interest that does not exceed the greater of 15% or an amount that is 6 percentage points per year above the prime rate published by the federal reserve system in its statistical release H.15 Selected Interest Rates for bank prime loans dated 3 business days prior to the execution of the agreement. Interest must be allowed according to the terms of the agreement.
(2) A loan that is not usurious when made is lawful for the duration of the loan, provided the loan agreement is not substantially changed. This subsection does not apply to loan renewals.
(3) The provisions of this section do not apply to regulated lenders as defined in 31-1-111.
History: En. Sec. 2586, Civ. C. 1895; re-en. Sec. 5212, Rev. C. 1907; amd. Sec. 1, Ch. 36, L. 1913; amd. Sec. 1, Ch. 62, L. 1919; re-en. Sec. 7726, R.C.M. 1921; Cal. Civ. C. Sec. 1918; re-en. Sec. 7726, R.C.M. 1935; amd. Sec. 1, Ch. 503, L. 1975; R.C.M. 1947, 47-125; amd. Sec. 2, Ch. 373, L. 1979; amd. Sec. 4, Ch. 275, L. 1981; amd. Sec. 1, Ch. 9, L. 1983; amd. Sec. 1, Ch. 567, L. 1983; amd. Sec. 1, Ch. 588, L. 1993; amd. Sec. 2, Ch. 108, L. 2011.
2023 Montana Code Annotated › Title 31. Credit Transactions and Relationships › Chapter 1. Credit Transactions › Part 1. Loans of Money -- Interest Rates › 31-1-108. Penalty for usury -- action to recover excessive interest

31-1-108. Penalty for usury -- action to recover excessive interest.
(1) The taking, receiving, reserving, or charging a rate of interest greater than is allowed by 31-1-107 must be considered a forfeiture of a sum double the amount of interest that the note, bill, or other evidence of debt carries or that has been agreed to be paid on the note, bill, or other evidence of debt.
(2) When a greater rate of interest has been paid, the person by whom it has been paid or the person's heirs, assigns, executors, or administrators may recover from the person, firm, or corporation taking, receiving, reserving, or charging interest a sum double the amount of interest paid, provided that the action must be brought within 2 years after the payment of the interest, and provided that, before any suit may be brought to recover the usurious interest, the party bringing suit makes written demand for return of the interest paid.
History: En. Sec. 2, Ch. 36, L. 1913; re-en. Sec. 7727, R.C.M. 1921; re-en. Sec. 7727, R.C.M. 1935; R.C.M. 1947, 47-126; amd. Sec. 969, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 31. Credit Transactions and Relationships › Chapter 1. Credit Transactions › Part 1. Loans of Money -- Interest Rates › 31-1-109. When interest becomes part of principal

31-1-109. When interest becomes part of principal.
The parties may, in any contract in writing whereby any debt is secured to be paid, agree that, if the interest on such debt is not punctually paid, it shall become a part of the principal and thereafter bear the same rate of interest as the principal debt.
History: En. Sec. 2587, Civ. C. 1895; re-en. Sec. 5213, Rev. C. 1907; re-en. Sec. 7728, R.C.M. 1921; Cal. Civ. C. Sec. 1919; re-en. Sec. 7728, R.C.M. 1935; R.C.M. 1947, 47-127.
2023 Montana Code Annotated › Title 31. Credit Transactions and Relationships › Chapter 1. Credit Transactions › Part 1. Loans of Money -- Interest Rates › 31-1-111. Definition of regulated lender

31-1-111. Definition of regulated lender.
The term "regulated lender", as used in 31-1-112 and 31-1-116, means:
(1) a bank, building and loan association, savings and loan association, trust company, credit union, credit association, consumer loan licensee, deferred deposit loan licensee, residential mortgage lender licensee, development corporation, bank holding company, or mutual or stock insurance company organized pursuant to state or federal statutory authority and subject to supervision, control, or regulation by:
(a) an agency of the state of Montana; or
(b) an agency of the federal government;
(2) a subsidiary of an entity described in subsection (1);
(3) a Montana state agency or a federal agency that is authorized to lend money;
(4) a corporation or other entity established by congress or the state of Montana that is owned, in whole or in part, by the United States or the state of Montana and that is authorized to lend money.
History: En. Sec. 1, Ch. 275, L. 1981; amd. Sec. 1, Ch. 9, L. 1983; amd. Sec. 1, Ch. 406, L. 1985; amd. Sec. 1, Ch. 294, L. 1991; amd. Sec. 2, Ch. 140, L. 2001; amd. Sec. 33, Ch. 369, L. 2007; amd. Sec. 1, Ch. 451, L. 2007; amd. Sec. 1, Ch. 497, L. 2007; amd. Sec. 2, Ch. 278, L. 2013.
2023 Montana Code Annotated › Title 31. Credit Transactions and Relationships › Chapter 1. Credit Transactions › Part 1. Loans of Money -- Interest Rates › 31-1-112. Interest rate limitation exemption -- regulated lenders -- merchant finance

31-1-112. Interest rate limitation exemption -- regulated lenders -- merchant finance.
(1) A regulated lender, except for a deferred deposit loan licensee or consumer loan licensee, is exempt from all limitations on the rate of interest that it may charge and is exempt from the operation and effect of all usury statutes.
(2) A finance operation that finances transactions between merchants, as defined in 30-2-104, is also exempt from usury limits.
History: (1)En. Sec. 2, Ch. 275, L. 1981; (2)En. Sec. 4, Ch. 276, L. 1981; amd. Sec. 1, Ch. 9, L. 1983; amd. Sec. 1, Ch. 22, L. 1983; amd. Sec. 2, I.M. No. 164, approved Nov. 2, 2010; amd. Sec. 3, Ch. 278, L. 2013.
2023 Montana Code Annotated › Title 31. Credit Transactions and Relationships › Chapter 1. Credit Transactions › Part 1. Loans of Money -- Interest Rates › 31-1-113. Limitation of rule of 78ths

31-1-113. Limitation of rule of 78ths.
The sum of the monthly time balances method of computing interest or refunds on prepayment, which is also known as the rule of 78ths, may not be used in any loan agreement or retail installment contract unless the term of the loan or contract does not exceed 61 months.
History: En. Sec. 3, Ch. 135, L. 1983.
2023 Montana Code Annotated › Title 31. Credit Transactions and Relationships › Chapter 1. Credit Transactions › Part 1. Loans of Money -- Interest Rates › 31-1-115. Issuing credit cards to minors -- collection of debt

31-1-115. Issuing credit cards to minors -- collection of debt.
(1) An issuer of a credit card or similar loan advance access device may not issue a credit card or similar loan advance access device to a minor, as defined in 41-1-101, residing in this state without first obtaining consent to the issuance from the minor's parent or legal guardian.
(2) An issuer of a credit card or similar loan advance access device that does not receive a parent's or legal guardian's consent, as required in subsection (1), before issuing the credit card or similar loan advance access device to a minor may not collect in this state from the minor or the minor's parent or guardian any debt incurred by the minor through the use of the credit card or similar loan advance access device.
History: En. Sec. 1, Ch. 21, L. 1997.