Title 30, Title 30

(1) Section 30-14-901 may not be construed to prevent a cooperative association from returning to its members, producers, or consumers, in proportion to their purchases or sales from, to, or through the association, all or any part of the net earnings or surplus resulting from it…

It is the intent of the legislature that in construing 30-14-901 and 30-14-902, due consideration and weight be given to the interpretations of the federal trade commission and the federal courts relating to the provisions of the federal Robinson-Patman Antidiscrimination Act reg…

(1) In a proceeding for a violation of 30-14-901, if proof is made that there has been discrimination in price, the burden of rebutting the prima facie case by showing justification is upon the person charged with a violation of 30-14-901. (2) A seller may rebut the prima facie c…

A contract, express or implied, made by a person in violation of the provisions of 30-14-901 is an illegal contract, and no recovery may be had on the contract.

(1) A person who is injured by a violation of 30-14-901 may maintain an action to enjoin a continuance of an act in violation of 30-14-901 and to recover damages. A court, upon finding that the defendant is violating or has violated the provisions of 30-14-901, shall enjoin the d…

(1) The state of Montana, a local government unit, or a private or public corporation organized in Montana for the purpose of operating a foreign-trade zone in Montana may apply for the right to and, if the right is granted, establish, operate, and maintain a foreign-trade zone u…

Goods may be held within a foreign-trade zone exclusive of any license, permit, or regulation of the state or any political subdivision of the state. Such goods may be sold or traded subject to the laws of the United States.

The state of Montana reserves jurisdiction in a foreign-trade zone in all civil and criminal matters except those related to customs, diversity suits with the requisite amount in controversy, or suits involving a federal question.

Private or public corporations operating foreign-trade zones are subject to all taxes imposed upon them under the provisions of Title 15.

This chapter may be cited as the "Montana Small Business Licensing Coordination Act".

The purposes of this chapter are to: (1) eliminate licensing requirements, administrative procedures, and forms that are unnecessary for the protection of the public interest; (2) streamline and minimize the total government and business costs of necessary licensing and inspectio…

As used in this chapter, the following definitions apply: (1) "Board of review" means the body established to provide policy direction to the department of revenue in designing and recommending to the legislature the implementation of a plan for a business registration and licens…

The board of review established in 30-16-302: (1) shall adopt rules governing the identification and use of electronic forms of signature to fulfill licensing requirements for licensees included in this part; (2) may adopt rules to establish the anniversary date for the renewal o…

The department shall administer a small business licensing coordination center. The small business licensing coordination center shall: (1) document and analyze current licensing requirements, fees, and procedures; (2) recommend elimination of unnecessary licensing requirements, …

The small business licensing coordination center shall encourage and invite federal and local government agencies to make license and permit information available to applicants through the coordination center. The center shall, where possible, advise applicants of federal and loc…

Each state agency shall report to the coordination center any new license or permit or modification of an existing license or permit that becomes effective as a requirement after April 20, 1981, together with the applicable forms and pertinent rules and information.

Regardless of any authority delegated to the department to implement the provisions of this chapter, the authority to issue a license remains with the agency authorized by law to issue the license.

(1) The provisions of 16-11-120, 16-11-122, 30-12-203, 30-16-104, 50-50-201, 50-50-203, 50-50-205, 50-50-207, 50-50-214, 50-57-201 through 50-57-206, 50-57-208, 80-7-106, 81-9-201, 81-20-201, and 82-15-105 constitute a means of implementing a preliminary plan for streamlined regi…

(1) There is a board of review. The board of review's duty is to provide policy direction to the department of revenue in the establishment and operation of the system. The board of review includes the directors of the departments of agriculture, labor and industry, environmental…

(1) The legislature directs full participation in the implementation of this chapter by: (a) the departments of agriculture, environmental quality, revenue, justice, labor and industry, and public health and human services; (b) the public service commission; and (c) other agencie…

(1) (a) The department of commerce shall provide an electronic directory on the internet of Montana businesses that market products qualifying as made in Montana or grown in Montana, as described in subsection (5). (b) The department may make a decision on the appropriateness of …

(1) The department of commerce may adopt rules necessary for the creation, maintenance, and updating of the electronic directory provided for in 30-17-101. The rules may include requirements for the design of a website, information that may be contained in the electronic director…

This part may be cited as the "Uniform Electronic Transactions Act".

In this part: (1) "agreement" means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations, and procedures given the effect of agreements under laws otherwise applicable to a particular transaction; (2) "aut…

(1) Except as otherwise provided in subsection (2), this part applies to electronic records and electronic signatures relating to a transaction. (2) This part does not apply to a transaction to the extent it is governed by: (a) a law governing the creation and execution of wills,…

(1) This part does not require a record or signature to be created, generated, sent, communicated, received, stored, or otherwise processed or used by electronic means or in electronic form. (2) This part applies only to transactions between parties each of which has agreed to co…

This part must be construed and applied: (1) to facilitate electronic transactions consistent with other applicable law; (2) to be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and (3) to effectuate it…

(1) A record or signature may not be denied legal effect or enforceability solely because it is in electronic form. (2) A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation. (3) If a law requires a record to be …

(1) If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send, or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent, or delivered, as the case may be, in an el…

(1) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic re…

If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply: (1) If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other pa…

If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other appli…

(1) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record that: (a) accurately reflects the information set forth in the record after it was first generated in its final form as an electronic r…

In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form.

In an automated transaction, the following rules apply: (1) A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents' actions or the resulting terms and agreements. (2) A contract may be …

(1) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it: (a) is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic r…

(1) In this section, "transferable record" means an electronic record that: (a) would be a note under Title 30, chapter 3, or a document under Title 30, chapter 7, if the electronic record were in writing; and (b) the issuer of the electronic record expressly has agreed is a tran…

Each governmental agency shall determine whether, and the extent to which, it will create and retain electronic records and convert written records to electronic records.

(1) Except as otherwise provided in 30-18-111(6), each governmental agency shall determine whether, and the extent to which, it will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process,…

(1) The secretary of state may encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies of this and other states and the federal government and nongovernmental persons interacting with governmental agencies of this st…

This part may be cited as the "Montana Rental-Purchase Agreement Act".

(1) The legislature finds that the rental-purchase industry is unique in its structure of providing a service to Montana consumers, in that the business transaction involved is not a credit transaction, does not create a debt or a security interest, and is not a simple rental or …

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 …

(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 2…

(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-purcha…

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…