House Bill No. 338

Introduced By _______________________________________________________________________________

A Bill for an Act entitled: "An Act generally revising subdivision filing fees; and amending section 7-4-2631, MCA."

Be it enacted by the Legislature of the State of Montana:

Section 1.  Section 7-4-2631, MCA, is amended to read:

"7-4-2631.   Fees of county clerk. (1) Except as provided in 7-4-2632, the county clerks must shall charge, for the use of their respective counties:

(a)  for recording and indexing each certificate of location of a quartz or placer mining claim or millsite claim, including a certificate that the instrument has been recorded with seal affixed, $6;

(b)  for recording and indexing each affidavit of annual labor on a mining claim, including a certificate that the instrument has been recorded with seal affixed:

(i)  for the first mining claim in the affidavit, $3; and

(ii) for each additional mining claim included in it the affidavit, 50 cents;

(c)  for filing and indexing each writ of attachment, execution, certificate of sale, lien, or other instrument required by law to be filed and indexed, $5 for each page;

(d)  for filing of subdivision and townsite plats, $5 plus:

(i)  for each lot up to and including 100, 50 cents;

(ii) for each additional lot in excess of 100, 25 cents $50 for each plat;

(e)  for filing certificates of surveys and amendments thereto to the certificates, $5 plus 50 cents per tract or lot $50 for each survey;

(f)  for a copy of a record or paper:

(i)  for the first page of any document, 50 cents, and 25 cents for each subsequent page; and

(ii) for each certification with seal affixed, $2;

(g)  for searching an index record of files of the office for each year when required in abstracting or otherwise, 50 cents;

(h)  for administering an oath with certificate and seal, no charge;

(i)  for taking and certifying an acknowledgment, with seal affixed, for signature to it, no charge;

(j)  for filing, indexing, or other services provided for by 30-9-401 through 30-9-407, the fees prescribed under those sections;

(k)  for recording each stock subscription and contract, stock certificate, and articles of incorporation for water users' associations, $3;

(l)  for filing a copy of notarial commission and issuing a certificate of official character of such a notary public, $2;

(m)  for each certified copy of a birth certificate, $5, and for each certified copy of a death certificate, $3;

(n)  for filing, recording, or indexing any other instrument not expressly provided for in this section or 7-4-2632 or this section, the same fee provided in this section or 7-4-2632 or this section for a similar service.

(2)  State agencies submitting documents to be put of record shall pay the fees provided for in this section. If a state agency or political subdivision has requested an account with the county clerk, any applicable fees must be paid on a periodic basis."