HOUSE BILL NO. 639
INTRODUCED BY D. BARRETT, MASOLO
AN ACT GENERALLY REVISING HOW FEES CHARGED BY THE SECRETARY OF STATE MAY BE SET; ELIMINATING THE REQUIREMENT THAT THE FEES MUST BE COMMENSURATE WITH COSTS ON A FEE-BY-FEE BASIS; PROVIDING THAT THE FEES MUST BE REASONABLY COMMENSURATE WITH OVERALL COSTS AND REASONABLY REFLECT PREVAILING RATES FOR SIMILAR SERVICES; PROVIDING THAT THE FEES BE DEPOSITED TO AN ACCOUNT IN THE ENTERPRISE FUND TYPE; AMENDING SECTIONS 1-5-408, 2-4-311, 2-4-312, 2-4-313, 2-6-103, 2-6-110, 7-13-2509, 13-2-115, 13-27-208, 27-18-411, 30-9-403, 30-9-407, 30-9-545, 30-13-217, 30-13-320, 35-1-1206, 35-1-1207, 35-2-1003, 35-5-205, 35-6-201, 35-8-211, 35-8-212, 35-12-521, 35-15-201, 35-15-205, 35-17-205, AND 35-18-502, MCA; AND PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Fees charged by secretary of state -- deposit to account -- rulemaking. (1) The secretary of state shall, for fees charged by the secretary of state, set by administrative rule each fee authorized by law.
(2) Unless otherwise specified by law, fees:
(a) must be commensurate with the overall costs of the office of the secretary of state; and
(b) must reasonably reflect the prevailing rates charged in the public and private sectors for similar services.
(3) The secretary of state shall maintain records sufficient to support the fees established pursuant to this section.
(4) Except as otherwise provided by law, fees collected by the secretary of state must be deposited to an account in the enterprise fund type to the credit of the secretary of state. All income and interest earned on money in the account must be credited to the account.
Section 2. Section 1-5-408, MCA, is amended to read:
"1-5-408. Fees for filing commission and issuing certificates. The secretary of state shall set by rule the and deposit
fees in accordance with [section 1] for filing or issuing certificates. The fees must be commensurate with costs. The
secretary of state shall use application forms soliciting the information required by this part. The county clerk of any county
in this state shall receive a fee as provided in 7-4-2631 for filing a copy of the commission and certifying to the official
character."
Section 3. Section 2-4-311, MCA, is amended to read:
"2-4-311. Publication and arrangement of ARM. (1) The secretary of state shall compile, index, arrange, rearrange, correct errors or inconsistencies without changing the meaning, intent, or effect of any rule, and publish in the appropriate format all rules filed pursuant to this chapter in the ARM. The secretary of state shall supplement, revise, and publish the ARM or any part of the ARM as often as the secretary of state considers necessary. The secretary of state may include editorial notes, cross-references, and other matter that the secretary of state considers desirable or advantageous. The secretary of state shall publish supplements to the ARM at the times and in the form that the secretary of state considers appropriate.
(2) The ARM must be arranged, indexed, and printed or duplicated in a manner that permits separate publication of
portions relating to individual agencies. An agency may make arrangements with the secretary of state for the printing of as
many copies of the separate publications as it may require. The cost of secretary of state may charge a fee for any separate
publications, determined. The fee must be set and deposited in accordance with 2-4-313(4), [section 1] and must be paid by
the agency."
Section 4. Section 2-4-312, MCA, is amended to read:
"2-4-312. Publication and arrangement of register. (1) The secretary of state shall publish in the register all notices, rules, and interpretations filed with the secretary of state at least once a month but not more often than twice a month.
(2) The secretary of state shall send the register without charge to each person listed in 2-4-313(1) and to each member
of the legislature requesting the register. The secretary of state shall send the register to any other person who pays a
subscription fee, which must be established as provided in 2-4-313(4) and deposited in accordance with [section 1].
(3) The register must contain three sections, a rules section, a notice section, and an interpretation section, as follows:
(a) The rules section of the register must contain all rules filed since the compilation and publication of the preceding issue of the register, together with the concise statement of reasons required under 2-4-305(1).
(b) The notice section of the register must contain all rulemaking notices filed with the secretary of state pursuant to 2-4-302 since the compilation and publication of the preceding register.
(c) The interpretation section of the register must contain all opinions of the attorney general and all declaratory rulings of agencies issued since the publication of the preceding register.
(4) Each issue of the register must contain the issue number and date of the register and a table of contents. Each page of the register must contain the issue number and date of the register of which it is a part. The secretary of state may include with the register information to help the user in relating the register to the ARM."
Section 5. Section 2-4-313, MCA, is amended to read:
"2-4-313. Distribution, costs, and maintenance. (1) The secretary of state shall distribute copies of the ARM and supplements or revisions to the ARM to the following:
(a) attorney general, one copy;
(b) clerk of United States district court for the district of Montana, one copy;
(c) clerk of United States court of appeals for the ninth circuit, one copy;
(d) county commissioners or governing body of each county of this state, for use of county officials and the public, at least one but not more than two copies, which may be maintained in a public library in the county seat or in the county offices as the county commissioners or governing body of the county may determine;
(e) state law library, one copy;
(f) state historical society, one copy;
(g) each unit of the Montana university system, one copy;
(h) law library of the university of Montana-Missoula, one copy;
(i) legislative services division, two copies;
(j) library of congress, one copy;
(k) state library, one copy.
(2) The secretary of state, each county in the state, and the librarians for the state law library and the university of Montana-Missoula law library shall maintain a complete, current set of the ARM, including supplements or revisions to the ARM. The designated persons shall also maintain the register issues published during the preceding 2 years. The secretary of state shall maintain a permanent set of the registers.
(3) The secretary of state shall make copies of and subscriptions to the ARM and supplements or revisions to the ARM
and the register available to any person at prices for a fee fixed set in accordance with subsection (4) (5).
(4) The secretary of state shall determine the cost of supplying copies of the ARM and supplements or revisions to the
ARM and the register to persons not listed in subsection (1). The cost must be the approximate cost of publication of the
copies, including indexing, printing or duplicating, and mailing. However, a uniform price per page or group of pages may
be established without regard to differences in the cost of printing different parts of the ARM and supplements or revisions
to the ARM and the register. Fees are not refundable.
(5) The secretary of state shall deposit all fees in a proprietary fund.
(6)(4) The secretary of state may charge agencies a filing fee for all material to be published in the ARM or the register.
(5) The secretary of state shall fix set and deposit the fee to cover the costs of supplying copies of the ARM and
supplements or revisions to the ARM and the register to the persons listed in subsection (1). The cost must be the
approximate cost of publication of the copies, including indexing, printing or duplicating, and mailing. However, a uniform
price per page or group of pages may be established without regard to differences in the cost of printing different parts of
the ARM and supplements or revisions to the ARM and the register fees authorized in this section in accordance with
[section 1]."
Section 6. Section 2-6-103, MCA, is amended to read:
"2-6-103. Filing and copying fees. (1) The secretary of state, for services performed in the office, shall charge and
collect fees commensurate with costs for filing and copying services.
(2) A member of the legislature or state or county officer may not be charged for any search relative to matters appertaining to the duties of the member's office or for a certified copy of any law or resolution passed by the legislature relative to the member's official duties.
(3) The secretary of state may not charge a fee, other than the fees authorized in 2-6-110, for providing electronic information.
(4) Fees must be collected in advance and, when collected by the secretary of state, are not refundable and must be
deposited into an account in the proprietary fund to the credit of the secretary of state. All income and interest earned on
money in the account must be credited to the account.
(5) Fees authorized by this section must be set and deposited in accordance with [section 1]."
Section 7. Section 2-6-110, MCA, is amended to read:
"2-6-110. Electronic information and nonprint records -- public access -- fees. (1) (a) Except as provided by law, each person is entitled to a copy of information compiled, created, or otherwise in the custody of public agencies that is in electronic format or other nonprint media, including but not limited to videotapes, photographs, microfilm, film, or computer disk, subject to the same restrictions applicable to the information in printed form. All restrictions relating to confidentiality, privacy, business secrets, and copyright are applicable to the electronic or nonprint information.
(b) The provisions of subsection (1)(a) do not apply to collections of the Montana historical society established pursuant to 22-3-101.
(2) Except as provided by law and subject to subsection (3), an agency may charge a fee, not to exceed:
(a) the agency's actual cost of purchasing the electronic media used for transferring data, if the person requesting the information does not provide the media;
(b) expenses incurred by the agency as a result of mainframe and midtier processing charges;
(c) expenses incurred by the agency for providing online computer access to the person requesting access;
(d) other out-of-pocket expenses directly associated with the request for information; and
(e) the hourly rate for the current fiscal year for a state employee classified as grade 10, market salary, under 2-18-312 for each hour, or fraction of an hour, after one-half hour of copying service has been provided.
(3) (a) In addition to the allowable fees in subsection (2), the department of revenue may charge an additional fee as reimbursement for the cost of developing and maintaining the property valuation and assessment system database from which the information is requested. The fee must be charged to persons, federal agencies, state agencies, and other entities requesting the database or any part of the database from any department property valuation and assessment system. The fee may not be charged to the governor's office of budget and program planning, the state tax appeal board, or any legislative agency or committee.
(b) The department of revenue may not charge a fee for information provided from any department property valuation and assessment system database to a local taxing jurisdiction for use in taxation and other governmental functions or to an individual taxpayer concerning the taxpayer's property.
(c) All fees received by the department of revenue under subsection (2) and this subsection (3) must be deposited in a state special revenue fund as provided in 15-1-521.
(d) Fees charged by the secretary of state pursuant to this section must be set and deposited in accordance with [section 1].
(4) For the purposes of this section, the term "agency" has the meaning provided in 2-3-102 but includes legislative, judicial, and state military agencies.
(5) An agency may not charge more than the amount provided under subsection (2) for providing a copy of an existing nonprint record.
(6) An agency shall ensure that a copy of information provided to a requester is of a quality that reflects the condition of the original if requested by the requester.
(7) This section does not authorize the release of electronic security codes giving access to private information."
Section 8. Section 7-13-2509, MCA, is amended to read:
"7-13-2509. Resolution to create district. (1) If the board of county commissioners desires to create the television
district, they shall adopt a resolution describing the proposed system, including type of construction, location, and type and
approximate cost of any installation to be made, describing the boundaries of such the district, and finding that the district
will be conducive to the public interest and convenience, and thereby such that the district shall be created.
(2) If the board passes a resolution creating such a television district, they shall name the district "........ television
district" and shall file a copy of the order creating such the district, if only one county is included therein in the district,
with the county clerk and recorder. If portions of more than one county are included in said the district, a copy of the order
shall must be filed in each county. A copy of the order shall must be filed with the secretary of state, for which he shall
receive a fee of $5, which must be set and deposited in accordance with [section 1]."
Section 9. Section 13-2-115, MCA, is amended to read:
"13-2-115. Registration lists to be prepared. (1) Except as provided in subsections (6) and (7), immediately after
registration is closed, the election administrator shall prepare and must have printed lists of all registered electors in each
precinct. Names of electors must be listed alphabetically, with their residence address or with a mailing address if located
where street numbers are not used. A preliminary list of registered electors may be printed before the close of registration
for an election. If a preliminary list is printed, a supplementary list must be printed after the close of registration.
(2) A copy of the list of registered voters must be displayed at the polling place. Extra copies of the lists must be retained by the election administrator and furnished to an elector upon request.
(3) The list of registered electors prepared for a primary election may be used for the general election if a supplemental list giving the additions and deletions since the primary list was prepared is printed. The election administrator may prepare lists for a special election, but lists are not required to be printed for special elections.
(4) Lists of registered voters need not be printed if the election will not be held.
(5) The election administrator shall forward a list of all registered electors in the county to the secretary of state, as
provided in 13-2-123. The secretary of state shall use the lists submitted by election administrators to compile and maintain
a list of all registered electors in the state. Upon written request, the secretary of state shall furnish to any elector, for
noncommercial use, a current list of registered electors. Upon delivery of the list to the elector, the secretary of state shall
charge and collect a fee commensurate with the cost of compiling and maintaining the list and of reproducing the list in the
format requested by the elector, which must be set and deposited in accordance with [section 1].
(6) If a law enforcement officer or reserve officer, as defined in 7-32-201, requests in writing that, for security reasons,
the officer's and the officer's spouse's residential address, if the same as the officer's, not be disclosed, the registrar may not
include the address on any list of registered voters but shall may list only the name or names.
(7) (a) Upon the request of an individual, an election administrator may not include the individual's residential address
on any list of registered voters but shall may list only the name or names if the individual:
(i) proves to the election administrator that the individual, or a minor in the custody of the individual, has been the victim of partner or family member assault, stalking, custodial interference, or other offense involving bodily harm or threat of bodily harm to the individual or minor; or
(ii) proves to the election administrator that a temporary restraining order or injunction has been issued by a judge or magistrate to restrain another person's access to the individual or minor.
(b) Proof of the victimization is conclusive upon exhibition to the election administrator of a criminal judgment, information and judgment, or affidavit of a county attorney clearly indicating the conviction and the identity of the victim.
(c) Proof of the issuance of a temporary restraining order or injunction is conclusive upon exhibition to the election administrator of the temporary restraining order or injunction."
Section 10. Section 13-27-208, MCA, is amended to read:
"13-27-208. Petitions to be made available in each county election administrator's office. When the secretary of
state sends written notice of the final approval of a petition as required under 13-27-202(4), the secretary of state shall
forward a copy of the petition, along with signature sheets, to the election administrator of each county. The election
administrator shall make a copy of each approved petition available for reading and signing in the administrator's office
during business hours in an election year until the petitions are submitted under 13-27-301. The secretary of state may
charge the person who submitted the petition a fee sufficient to reimburse the secretary of state for the cost of providing
copies of the petition and signature sheets to each county election administrator, which must be set and deposited in
accordance with [section 1]."
Section 11. Section 27-18-411, MCA, is amended to read:
"27-18-411. Duty of secretary of state -- fees. (1) Upon such When service being so of an order of a writ of execution
is made upon through the secretary of state or his the secretary of state's deputy, the secretary of state or his the deputy shall
promptly mail the copy of the writ, notice, and copy of said the order by registered or certified mail to the address of such
the corporation at its principal home office, as shown by the papers on file in the office of the secretary of state, and. The
office of the secretary of state shall make fill out and mail to the clerk of the court in which the action is pending a
certificate of such the mailing, which and shall have attached thereto attach the registry receipt for such the letter, that such
attachment so made upon the secretary of state as herein provided shall. The order must be effective and the said stock or
shares or the interest therein specified assets of the defendant shall must be attached upon the service of the writ, as herein
provided in this section.
(2) At the time of the service of said the writ is served, there shall be paid to the secretary of state shall charge and
collect a fee of $2, which shall be by him paid into the state treasury and, which must be set and deposited in accordance
with [section 1]. The fee may be taxed claimed as a cost by the plaintiff."
Section 12. Section 30-9-403, MCA, is amended to read:
"30-9-403. (Temporary) What constitutes filing -- duration of filing -- fees -- effect of lapsed filing -- duties of filing officer -- computerized farm statement system. (1) (a) Presentation for filing of a financing statement and tender of the filing fee or acceptance of the statement by the filing officer constitutes filing under this chapter.
(b) The secretary of state may treat a facsimile copy of a document and the signatures on the facsimile copy in the same manner as an original for purposes of 30-9-402 and subsection (1)(a) of this section. If all other requirements are met, the date of filing relates back to the date of receipt of the facsimile copy.
(c) A person who files a false document by facsimile copy is liable to the party aggrieved for three times the amount of damages resulting from the filing of the false document.
(2) Except as provided in subsection (6), a filed financing statement is effective for a period of 5 years from the date of filing. The effectiveness of a filed financing statement lapses on the expiration of the 5-year period unless a continuation statement is filed prior to the lapse. If a security interest perfected by filing exists at the time insolvency proceedings are commenced by or against the debtor, the security interest remains perfected until 60 days after termination of the insolvency proceedings or until expiration of the 5-year period, whichever occurs later. Upon lapse the security interest becomes unperfected unless it is perfected without filing. If the security interest becomes unperfected upon lapse, it is considered to have been unperfected as against a person who became a purchaser or lien creditor before lapse.
(3) A continuation statement may be filed by the secured party within 6 months prior to the expiration of the 5-year period specified in subsection (2). Any continuation statement must be signed by the secured party, identify the original statement by file number, and state that the original statement is still effective. A continuation statement signed by a person other than the secured party of record must be accompanied by a separate written statement of assignment signed by the secured party of record and complying with 30-9-405(2), including payment of the required fee. Upon timely filing of the continuation statement, the effectiveness of the original statement is continued for 5 years after the last date to which the filing was effective, after which it lapses in the same manner as provided in subsection (2) unless another continuation statement is filed prior to the lapse. Succeeding continuation statements may be filed in the same manner to continue the effectiveness of the original statement. Unless a statute on disposition of public records provides otherwise, the filing officer may remove a lapsed statement from the files and destroy it immediately if the filing officer has retained a microfilm or other photographic record or a record produced according to rules adopted by the secretary of state or, in other cases after 1 year after the lapse, upon approval by the local government records destruction subcommittee provided for in 2-6-403. The filing officer shall arrange matters by physical annexation of financing statements to continuation statements or other related filings, or by other means, that if the filing officer physically destroys the financing statements of a period more than 5 years past, those that have been continued by a continuation statement or that are still effective under subsection (6) must be retained.
(4) Except as provided in subsection (7), a filing officer shall mark each statement with a file number and with the date and hour of filing. The filing officer shall hold the statement or a microfilm or other photographic copy or a copy produced according to rules adopted by the secretary of state for public inspection. In addition, the filing officer shall index the statements according to the name of the debtor and shall note in the index the file number and the address of the debtor given in the statement.
(5) The uniform fees for filing, indexing, and stamping a copy furnished by the filing party to show the date and place of filing must be set pursuant to subsection (12).
(6) If the debtor is a transmitting utility and a filed financing statement so states, it is effective until a termination statement is filed. A real estate mortgage that is effective as a fixture filing under 30-9-402(6) remains effective as a fixture filing until the mortgage is released or satisfied of record or its effectiveness otherwise terminates as to the real estate.
(7) When a financing statement covers timber to be cut or covers minerals or the like (including oil and gas) or accounts subject to 30-9-103(5) or is filed as a fixture filing, the filing officer shall index it under the names of the debtor and any owner of record shown on the financing statement in the same fashion as if they were the mortgagors in a mortgage of the real estate described and, to the extent that the law of this state provides for indexing of mortgages under the name of the mortgagee, under the name of the secured party as if the secured party were the mortgagee under the financing statement or, if indexing is by description, in the same fashion as if the financing statement were a mortgage of the real estate described.
(8) When a financing or continuation statement filed by a financial institution covers farm products or accounts,
livestock, general intangibles arising from or relating to the sale of farm products by a farmer, crops growing or to be
grown, or equipment used in farming operations, the fee for filing must be established set and deposited by the secretary of
state in an amount commensurate with the costs of establishing and operating the computerized access system described in
subsection (9) accordance with [section 1].
(9) Within 1 working day of receipt of a financing or continuation statement, the secretary of state shall record the information contained in the statement on a centralized computer system that the secretary of state shall establish. The computer system must allow access to financing statement information by any type of communications that conform to standards used by the state central computer. The system must have safeguards to allow only access to UCC data and to prevent alteration, addition, or deletion of the UCC data. The computer must be accessible whenever the state computer system is available. A perfected security interest is not created until the financing statement information is recorded on the system. A printout of information from the system is prima facie evidence of the existence or nonexistence of the filing of a financing statement. The secretary of state shall maintain adequate errors and omissions liability coverage to protect against input errors causing loss to a secured party.
(10) The secretary of state shall, upon request of a clerk and recorder, mail a certified copy of a financing statement, continuation statement, assignment, amendment, or termination covering collateral described in subsection (8) to the clerk and recorder in the county of the principal debtor's residence. The secretary of state shall mail the requested copies at least once each week. This subsection does not require the secretary of state to mail a copy of any document that does not specifically indicate the county of the principal debtor's residence on its face.
(11) Financing statement information in the computer system constitutes public writings within the meaning of 2-6-101, but the information may not be used to compile mailing lists.
(12) The secretary of state, with advice from the county clerk and recorders, shall by administrative rule establish fees as
required by this part. The fees must be commensurate with the costs of processing the documents. The secretary of state
shall maintain records sufficient to support the amounts of the fees established under this subsection. The secretary of state
shall deposit all fees in the enterprise fund in the state treasury set and deposit the fees required by this part in accordance
with [section 1]. The secretary of state shall disseminate the uniform fee schedule to the county clerk and recorders for their
use. (Repealed effective July 1, 2001--secs. 168, 171, Ch. 305, L. 1999.)"
Section 13. Section 30-9-407, MCA, is amended to read:
"30-9-407. (Temporary) Information from filing officer -- fees. (1) If the person filing any financing statement, termination statement, statement of assignment, or statement of release furnishes the filing officer a copy of the statement, the filing officer shall upon request note upon the copy the file number and date and hour of the filing of the original and deliver or send the copy to the person.
(2) Upon request of any person, the filing officer shall issue a certificate showing whether there is on file on the date
and hour stated in the certificate, any presently effective financing statement naming a particular debtor and any statement
of assignment and, if there is, giving the date and hour of filing of each statement and the name and address of each secured
party in the statement. For financing statements recorded on the system described in 30-9-403(9), the filing officer shall,
upon request of any person, also furnish written information concerning the collateral described for any presently effective
financing statement covering collateral described in 30-9-403(8). However, the information is not a part of the filing
officer's certificate and may not constitute a complete description of the collateral covered by the financing statement. The
uniform fee for a certificate and description of collateral must be set and deposited pursuant to 30-9-403 [section 1]. Upon
request the filing officer shall furnish a copy of any filed financing statement or statement of assignment for a uniform fee
of 50 cents per page set and deposited in accordance with [section 1].
(3) A computer printout from the system described in 30-9-403(9) constitutes the certificate of the secretary of state as
to whether there is on file, on the date and hour stated on the printout, a financing statement covering the collateral
described in 30-9-403(8). The fee for requesting a printout from the secretary of state must cover the cost of the printout be
set and deposited in accordance with [section 1]. If a certificate is made on a requestor's own computer using telephone
dial-up access, a fee commensurate with costs must be set, charged, and deposited in accordance with [section 1].
(4) The secretary of state shall ensure that the system described in 30-9-403(9) complies with the requirements for a central filing system as defined by 7 U.S.C. 1631 as that statute read on January 1, 1987. The secretary of state shall distribute portions of the master list to registered buyers at least once each month. The secretary of state may distribute portions of the master list more frequently if the secretary of state determines it is necessary to improve the flow of agricultural credit. (Repealed effective July 1, 2001--secs. 168, 171, Ch. 305, L. 1999.)"
Section 14. Section 30-9-545, MCA, is amended to read:
"30-9-545. (Effective July 1, 2001) Fees. (1) Except as otherwise provided in subsection (5) (2), the fee for each of the
following must be set and deposited by the secretary of state as prescribed in [section 1]:
(a) filing and indexing a record under this part, other than an initial financing statement of the kind described in
30-9-522(3), must be commensurate with costs and must be established by rule.;
(2) Except as otherwise provided in subsection (5), the fee for
(b) filing and indexing an initial financing statement of the kind described in 30-9-522(3) must be commensurate with
costs and must be established by rule.
(3) The number of names required to be indexed does not affect the amount of the fees in subsections (1) and (2).
(4) The fee for; and
(c) responding to a request for information from the filing office, including for communicating whether there is on file
any financing statement naming a particular debtor, must be commensurate with costs and must be established by rule.
(5)(2) This section does not require a fee with respect to a record of mortgage that is effective as a financing statement
filed as a fixture filing or as a financing statement covering as-extracted collateral or timber to be cut under 30-9-522(3).
However, the recording and satisfaction fees that otherwise would be applicable to the record of mortgage apply."
Section 15. Section 30-13-217, MCA, is amended to read:
"30-13-217. Fees and charges to be established and collected by secretary of state. (1) The secretary of state shall
by administrative rule establish, charge, and collect, and deposit, in accordance with the provisions of this part and
commensurate with costs[section 1]:
(a) fees for filing documents and issuing certificates pursuant to this part; and
(b) miscellaneous charges for other services provided by the secretary of state pursuant to this part; and.
(2) The secretary of state shall maintain records sufficient to support the fees and miscellaneous charges established
under this section.
(3) In addition to the fees and charges in subsection (1), the secretary of state shall charge and collect
(c) a license fee from each limited liability partnership a license fee of:
(a) $50 at the time of registration under 30-13-203; and
(b) $50 at the time of each renewal of registration under 30-13-206 through 30-13-208.
(4)(2) Fees and charges established under this section may be paid by credit card and may be discounted for payment
processing charges paid by the secretary of state to a third party."
Section 16. Section 30-13-320, MCA, is amended to read:
"30-13-320. Secretary of state to establish and collect fees commensurate with costs. The secretary of state shall by
administrative rule establish and provide for collection of fees and miscellaneous charges, set and deposited in accordance
with [section 1], for filing documents and issuing certificates as required by this part. The fees must be commensurate with
the costs of processing the documents and certificates. The secretary of state shall maintain records sufficient to support the
fees and miscellaneous charges established under this part."
Section 17. Section 35-1-1206, MCA, is amended to read:
"35-1-1206. Fees for filing, copying, and services. (1) The secretary of state shall establish by rule fees for the
following:
(a) filing documents and issuing certificates as required by this chapter.; and
(2) The secretary of state shall establish by rule fees for
(b) copying documents, priority handling, transmitting or filing facsimile copies, and providing computer-generated information.
(3) The fees prescribed under this section must be reasonably related to the costs of processing the documents and
preparing and providing the services. The secretary of state shall maintain records sufficient to support the fees established
under this section.
(2) Fees authorized under this section must be set and deposited in accordance with [section 1]."
Section 18. Section 35-1-1207, MCA, is amended to read:
"35-1-1207. License fee. (1) In addition to the filing fee authorized by 35-1-1206, the secretary of state shall charge
and collect from each domestic corporation a license fee based upon the number of shares that it will have authority to issue
at the time of:
(a) filing its articles of incorporation;
(b) filing articles of amendment increasing the number of authorized shares; and
(c) filing articles of merger or consolidation increasing the number of authorized shares that the surviving or new
corporation, if a domestic corporation, will have authority to issue above the aggregate number of shares that the
constituent domestic corporations and constituent foreign corporations authorized to transact business in this state have
authority to issue.
(2) The license fee for domestic corporations is as follows:
(a) 1 to 50,000 shares $ 50
(b) 50,001 to 100,000 shares 100
(c) 100,001 to 250,000 shares 250
(d) 250,001 to 500,000 shares 400
(e) 500,001 to 1,000,000 shares 600
(f) over 1,000,000 shares 1,000
must be set and deposited in accordance with [section 1].
(3) If the domestic corporation is increasing the number of authorized shares either by amendment or by merger, the
domestic corporation shall pay the difference in license fee between the fee based on the initial number of authorized shares
and the amended number of shares.
(4) In addition to the filing fee authorized by 35-1-1206, the secretary of state shall charge and collect from each foreign
corporation a license fee of $100 at the time of filing an application for a certificate of authority to transact business. The
fee must be set and deposited in accordance with [section 1]."
Section 19. Section 35-2-1003, MCA, is amended to read:
"35-2-1003. Fees for filing, copying, and services. (1) The secretary of state shall establish by rule fees for the
following:
(a) filing documents and issuing certificates as required by this chapter.; and
(2) The secretary of state shall by rule establish fees for
(b) copying documents, priority handling, transmitting, or filing facsimile copies, and for providing computer-generated
information.
(3) The fees presented under this section must be reasonably related to the costs of processing the documents and
preparing and providing the services. The secretary of state shall maintain records sufficient to support the fees established
under this section.
(2) The fees authorized in this section must be set and deposited in accordance with [section 1]."
Section 20. Section 35-5-205, MCA, is amended to read:
"35-5-205. Taxes and fees. Any business trust created under this chapter or entering this state pursuant to this chapter
shall pay such the taxes and fees as are imposed by the laws, ordinances, and regulations of this state and any its counties
and municipalities thereof on domestic and foreign corporations, respectively, on an identical basis therewith. Fees charged
by the secretary of state pursuant to this chapter must be set and deposited in accordance with [section 1]."
Section 21. Section 35-6-201, MCA, is amended to read:
"35-6-201. Reinstatement of dissolved corporation -- fee. (1) The secretary of state may:
(a) reinstate any corporation which that has been dissolved under the provisions of this chapter; and
(b) restore to such the corporation its right to carry on business in this state and to exercise all its corporate privileges
and immunities.
(2) A corporation applying for reinstatement shall submit to the secretary of state one original and one copy of the application, executed by a person who was an officer or director at the time of dissolution, setting forth:
(a) the name of the corporation;
(b) a statement that the assets of the corporation have not been liquidated pursuant to 35-1-938 through 35-1-943 or 35-2-726 and 35-2-727;
(c) a statement that not less than a majority of its directors have authorized the application for reinstatement; and
(d) if its corporate name has been legally acquired by another corporation prior to its application for reinstatement, the corporate name under which the corporation desires to be reinstated.
(3) The corporation shall submit with its application for reinstatement:
(a) a certificate from the department of revenue stating that all taxes imposed pursuant to Title 15 have been paid; and
(b) a filing fee in an amount equal to one-half of the filing and license fees which the corporation would be required to
pay if the corporation were filing its articles of incorporation, which must be set and deposited by the secretary of state in
accordance with [section 1].
(4) When all requirements are met and the secretary of state reinstates the corporation to its former rights, he the
secretary of state shall:
(a) conform and file in his the secretary of state's office reports, statements, and other instruments submitted for
reinstatement;
(b) immediately issue and deliver to the corporation so that is reinstated a certificate of reinstatement authorizing it to
transact business; and
(c) upon demand, issue to the corporation one or more certified copies of such the certificate of reinstatement.
(5) The secretary of state may not order a reinstatement if 5 years have elapsed since the dissolution."
Section 22. Section 35-8-211, MCA, is amended to read:
"35-8-211. Fees for filing, copying, and services -- rules. (1) The secretary of state shall establish by rule fees for the
following:
(a) filing documents as required by this chapter.; and
(2) The secretary of state shall establish by rule fees for
(b) copying documents, priority handling, transmitting or filing facsimile copies, and providing computer-generated information.
(3) The fees prescribed under this section must be reasonably related to the costs of processing the documents and
preparing and providing the services. The secretary of state shall maintain records sufficient to support the fees established
under this section.
(2) The fees authorized in the section must be set and deposited in accordance with [section 1]."
Section 23. Section 35-8-212, MCA, is amended to read:
"35-8-212. License fee. (1) In addition to the filing fee authorized by 35-8-211, the secretary of state shall charge and collect from each foreign limited liability company:
(a) a license fee of $50 at the time of filing its articles of organization.; and
(2) In addition to the filing fee authorized by 35-8-211, the secretary of state shall charge and collect from each foreign
limited liability company
(b) a license fee of $50 at the time of filing an application for a certificate of authority to transact business.
(2) The fees authorized in this section must be set and deposited in accordance with [section 1]."
Section 24. Section 35-12-521, MCA, is amended to read:
"35-12-521. Secretary of state to establish fees. The secretary of state shall set filing fees reasonably related to the
costs of for processing the applications and certificates. The secretary of state may establish fees for filing a certificate of
limited partnership, a certificate of amendment or restatement, a certificate of cancellation, an application to reserve a
name, a notice of transfer of a reserved name, an application for registration of a foreign limited partnership, or a certificate
of cancellation or correction of a foreign limited partnership or for filing any other statement or report of a domestic or
foreign limited partnership. The secretary of state shall maintain records sufficient to support the fee charged for the filing
requirements. The fees authorized in this section must be set and deposited in accordance with [section 1]."
Section 25. Section 35-15-201, MCA, is amended to read:
"35-15-201. Incorporation. (1) Whenever any number of persons, not less than three or more than seven, may desire
to become incorporated as a cooperative association for the purpose of trade or of prosecuting any branch of industry or the
purchase and distribution of commodities for consumption or in the borrowing or lending of money among members for
industrial purposes, they the persons shall make a statement to that effect under their hands and setting forth:
(a) the name of the proposed corporation;
(b) its capital stock;
(c) its location;
(d) the duration of the association; and
(e) the particular branch or branches of industry which that they intend to prosecute.
(2) In addition to provisions required in subsection (1), the statement of incorporation may also contain provisions not inconsistent with law regarding liability as set forth in 35-1-216.
(3) The statement shall must be filed in the office of the secretary of state as the articles of incorporation of the
association. The secretary of state shall thereupon issue to such the persons a license as commissioners to open books for
subscription to the capital stock of such the corporation, at such a time and place as they that the persons may determine,
for which he the secretary of state shall receive the charge a fee of $20 set and deposited in accordance with [section 1]."
Section 26. Section 35-15-205, MCA, is amended to read:
"35-15-205. Amendment of articles of incorporation -- fee. At any time after the filing of the certificate of complete
organization, the articles of incorporation may be amended. Any amendment of the articles of incorporation shall must first
be approved by two-thirds of the directors and then adopted by a vote of not less than two-thirds of those stockholders
voting thereon at any regular meeting of the stockholders or at a special meeting of the stockholders called for that purpose.
A certificate setting forth such the amendment shall must be executed on behalf of the association by its president or
vice-president and vice president, its corporate seal must be affixed thereto to the certificate, and the certificate must be
attested by its secretary. Such The certificate shall must be filed in the office of the secretary of state, who shall thereupon
issue a certificate of amendment of the articles of incorporation, for which he the secretary of state shall must receive the
sum of $10 a fee that is set and deposited in accordance with [section 1]., and thereupon Upon the secretary of state's
receipt of the fee, a certified copy of such the certificate shall must be filed in the office of the county clerk in which the
principal office of the association is located."
Section 27. Section 35-17-205, MCA, is amended to read:
"35-17-205. Fees for filing articles and amendments thereto. For filing articles of incorporation and receiving a
certificate of incorporation, an association organized hereunder pursuant to this part shall pay to the secretary of state $40
and a fee for filing an amendment to the articles and a fee for receiving a certificate of amendment, $10. The fees must be
set and deposited in accordance with [section 1]."
Section 28. Section 35-18-502, MCA, is amended to read:
"35-18-502. Fees to be charged by secretary of state. (1) The secretary of state shall charge and collect a fee for each of the following:
(1)(a) filing articles of incorporation and issuing a certificate of incorporation, $40;
(2)(b) filing articles of amendment and issuing a certificate of amendment, $10;
(3)(c) filing articles of consolidation or merger and issuing a certificate of consolidation or merger, $10;
(4)(d) filing articles of conversion and issuing a certificate of conversion, $10;
(5)(e) filing a certificate of election to dissolve and issuing a certificate of election to dissolve, $10;
(6)(f) filing articles of dissolution and issuing a certificate of dissolution, $10; and
(7)(g) filing a certificate of change of principal office and issuing a certificate of change of principal office, $10.
(2) Fees pursuant to this section must be set and deposited in accordance with [section 1]."
Section 29. Coordination instruction. (1) If Senate Bill No. 23 and [this act] are both passed and approved and both bills amend 30-9-545, then 30-9-545 must read as follows:
"Section 14. Section 30-9-545, MCA, is amended to read:
"30-9-545. (Effective July 1, 2001) Fees. (1) Except as otherwise provided in subsection (5) (2), the fee for each of the
following must be set and deposited by the secretary of state as prescribed in [section 1 of House Bill No. 639]:
(a) filing and indexing a record under this part, other than an initial financing statement of the kind described in
30-9-522(3), filed in connection with a public-finance transaction or a manufactured-home transaction must be
commensurate with costs and must be established by rule.;
(2) Except as otherwise provided in subsection (5), the fee for
(b) filing and indexing an initial financing statement of the kind described in 30-9-522(3) must be commensurate with
costs and must be established by rule.
(3) The number of names required to be indexed does not affect the amount of the fees in subsections (1) and (2).
(4) The fee for; and
(c) responding to a request for information from the filing office, including for communicating whether there is on file
any financing statement naming a particular debtor, must be commensurate with costs and must be established by rule.
(5)(2) This section does not require a fee with respect to a record of mortgage that is effective as a financing statement
filed as a fixture filing or as a financing statement covering as-extracted collateral or timber to be cut under 30-9-522(3).
However, the recording and satisfaction fees that otherwise would be applicable to the record of mortgage apply.""
(2) If Senate Bill No. 122 and [this act] are both passed and approved:
(a) and both bills amend 35-15-201, then 35-15-201 must read as follows:
"Section 25. Section 35-15-201, MCA, is amended to read:
"35-15-201. Incorporation. (1) Whenever any number of persons, not less than three or more than seven, may two or
more persons desire to become incorporated incorporate as a cooperative association for the purpose of trade or of
prosecuting carrying out any branch of industry or the purchase and distribution of commodities for consumption or in the
borrowing or lending of money among members for industrial purposes, they the persons shall make prepare a statement to
that effect under their hands setting that also sets forth:
(a) the name of the proposed corporation cooperative association;
(b) its capital stock;
(c) its location;
(d) the duration of the association; and
(e) the particular branch or branches of industry which they that the association intend intends to prosecute carry out.
(2) In addition to provisions the items required in subsection (1), the statement of incorporation may also contain
provisions not inconsistent with law regarding the liability provisions as set forth in 35-1-216.
(3) The statement, accompanied by the required filing fee, set and deposited in accordance with [section 1 of House Bill
No. 639], shall must be filed in the office of the secretary of state as the articles of incorporation of the association. The
After receiving the statement and the fee, the secretary of state shall thereupon issue to such the persons forming the
association a license as commissioners to open books for subscription to the capital stock of such corporation, the
association at such a time and place as they that the persons forming the association may determine, for which he shall
receive the fee of $20.""
(b) and both bills amend section 35-15-205, then 35-15-205 must read as follows:
"Section 26. Section 35-15-205, MCA, is amended to read:
"35-15-205. Amendment of articles of incorporation -- fee. At any time after the filing of the certificate of complete
organization, the articles of incorporation may be amended. Any amendment of the articles of incorporation shall first must
be first approved by two-thirds of the directors and then adopted by a vote of not less than two-thirds of those stockholders
voting thereon on the issue at any regular meeting of the stockholders or at a special meeting of the stockholders called for
that purpose. A certificate setting forth such the amendment shall must be executed on behalf of the association by its
president or vice-president vice president and its corporate seal affixed thereto and attested to by its secretary. Such The
certificate shall must be filed in the office of the secretary of state, who shall thereupon issue a certificate of amendment of
the articles of incorporation, for which he the secretary of state shall must receive the sum of $10, and thereupon a certified
copy of such certificate shall be filed in the office of the county clerk in which the principal office of the association is
located a fee that is set and deposited in accordance with [section 1 of House Bill No. 639].""
Section 30. Effective date. [This act] is effective July 1, 2001.
- END -
Latest Version of HB 639 (HB0639.ENR)
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