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bill NO. _____________
INTRODUCED
BY _________________________________________________
By Request of the ****
A BILL FOR AN ACT ENTITLED: "AN ACT providing the attachment of contamination reports to a property deed; REQUIRING THE DEPARTMENT OF ENVIRONMENTAL QUALITY TO REPORT POLLUTION ENFORCEMENT ACTIVITIES TO COUNTY CLERKS; REQUIRING THE BOARD OF OIL AND GAS CONSERVATION TO REPORT EMERGENCY POLLUTION ACTIONS TO COUNTY CLERKS; adding a document subject to recording by a county clerk; and AMENDING SECTION 7-4-2613, MCA."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Department contamination reports to county clerks and recorders. (1) The department of environmental quality shall report to each county clerk and recorder of the department's enforcement activities within that county related to:
(a) air pollution enforcement activities pursuant to Title 75, chapter 2, part 4;
(b) penalties, injunctions and cleanup orders for asbestos control pursuant to Title 75, chapter 2, part 5;
(c) cleanup orders and corrective action orders issued for hazardous waste control pursuant to Title 75, chapter 10, part 4;
(d) facilities that are listed due to a confirmed release or substantial threat of a hazardous or deleterious substance pursuant to 75-10-702;
(e) cleanup orders issued to address pollution of water pursuant to 75-5-601;
(f) corrective action plans issued by the petroleum tank release compensation board pursuant to Title 75, chapter 11, part 3; and
(g) civil penalties issued for unlawful dumping of solid waste pursuant to 75-10-212 and 75-10-233.
(2) The report must include:
(a) a description of the enforcement activity and the extent of contamination; and
(b) the property subject to the contamination and enforcement activity.
NEW SECTION. Section 2. Board contamination reports to county clerks and recorders. (1)The board shall report to each county clerk and recorder of the board's actions related to emergencies causing substantial pollution pursuant to 82-11-151.
(2) The report must include:
(a) a description of the enforcement activity and the extent of contamination; and
(b) the property subject to the contamination and enforcement activity.
Section 3. Section 7-4-2613, MCA, is amended to read:
"7-4-2613. Documents subject to recording. (1) The county clerk shall, upon the payment of the appropriate fees, record by printing, typewriting, photographic, micrographic, or electronic process or by the use of prepared blank forms:
(a) (i) subject to subsection (1)(a)(ii), deeds, grants, transfers, certified copies of final judgments or decrees partitioning or affecting the title or possession of real property any part of which is situated in the county, contracts to sell or convey real estate and mortgages of real estate, releases of mortgages, reconveyances by trustees of deeds of trust, assignments of mortgages and deeds of trust, powers of attorney to convey real estate, leases that have been acknowledged or proved, and abstracts of the instruments that have been acknowledged or proved;
(ii) an instrument or deed evidencing either a division of real property or a merger of real property only if the instrument or deed is accompanied by a certification from the county treasurer that taxes and special assessments that have been assessed and levied have been paid;
(b) notices of buyer's interest in real property, notwithstanding any other requirement of law or rule relating to eligibility for recording of the deed, contract for deed, or other document relating to the notice of buyer's interest. However, if the instrument of conveyance underlying a notice of buyer's interest would be unrecordable, the clerk and recorder shall notify the buyer by certified mail that the underlying instrument is unrecordable and may be void.
(c) an acknowledged statement indicating that the holder of a nonprobate interest in real property is deceased. A nonprobate interest in real property is a joint tenancy interest or a life estate interest. The acknowledged statement must contain:
(i) a statement that the holder of the nonprobate interest has died and that the holder's interest in the property is terminated; and
(ii) a legal description of the property.
(d) certificates of births and deaths;
(e) wills devising real estate admitted to probate;
(f) official bonds;
(g) transcripts of judgments that by law are made liens upon real estate;
(h) instruments describing or relating to the individual property of married persons;
(i) all orders and decrees made by the district court in probate matters affecting real estate and that are required to be recorded;
(j) notice of preemption claims;
(k) notice and declaration of water rights;
(l) assignments for the benefit of creditors;
(m) affidavits of annual work done on mining claims;
(n) notices of mining locations and declaratory statements;
(o) estrays and lost property;
(p) a book containing appraisement of state lands; and
(q) other writings that are required or permitted by law to be recorded; and
(r) contamination reports pursuant to [sections 1 and 2], which the county clerk shall attach to the deed of a property subjected to contamination and an enforcement activity.
(2) Any instrument that qualifies for recording under this section may incorporate by reference any provision, statement, description, or other language or material that is contained in another properly recorded instrument and that is recorded in the same county as the instrument that is incorporating the language or material by reference is to be recorded."
NEW SECTION. Section 4. Codification instruction. (1) [Section 1] is intended to be codified as an integral part of Title 75, chapter 1, part 1, and the provisions of Title 75, chapter 1, part 1, apply to [section 1].
(2) [Section 2] is intended to be codified as an integral part of Title 82, chapter 11, part 1, and the provisions of Title 82, chapter 11, part 1, apply to [section 2].