SENATE BILL NO. 506
INTRODUCED BY D. GRIMES, C. AHNER, T. BECK, A. BISHOP, C. CHRISTIAENS, J. COBB, H. HARPER, D. HARRINGTON, J. LYNCH, R. PECK, L. SOFT, C. TUSS
A BILL FOR AN ACT ENTITLED: "AN ACT SUBMITTING TO THE ELECTORATE AN INCREASE IN
PLAINTIFFS' CIVIL FILING FEES TO HELP COVER PROVIDE FOR LEGAL FEES FOR INDIGENT VICTIMS OF
DOMESTIC ABUSE; AMENDING SECTION 25-1-201, MCA; PROVIDING A CONTINGENT VOIDNESS
PROVISION; AND PROVIDING AN EFFECTIVE DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 25-1-201, MCA, is amended to read:
"25-1-201. (Temporary) Fees of clerk of district court. (1) The clerk of the district court shall collect the following fees:
(a) at the commencement of each action or proceeding, except a petition for dissolution of marriage, from the plaintiff
or petitioner, $80 $90; for filing a complaint in intervention, from the intervenor, $80; for filing a petition for dissolution of
marriage, a fee of $150; for filing a petition for legal separation, a fee of $150; and for filing a petition for a contested
amendment of a final parenting plan, a fee of $120;
(b) from each defendant or respondent, on appearance, $60;
(c) on the entry of judgment, from the prevailing party, $45;
(d) for preparing copies of papers on file in the clerk's office, 50 cents a page for the first five pages of each file, for each request, and 25 cents for each additional page;
(e) for each certificate, with seal, $2;
(f) for oath and jurat, with seal, $1;
(g) for search of court records, 50 cents for each year searched, not to exceed a total of $25;
(h) for filing and docketing a transcript of judgment or transcript of the docket from all other courts, the fee for entry of judgment provided for in subsection (1)(c);
(i) for issuing an execution or order of sale on a foreclosure of a lien, $5;
(j) for transmission of records or files or transfer of a case to another court, $5;
(k) for filing and entering papers received by transfer from other courts, $10;
(l) for issuing a marriage license, $30;
(m) on the filing of an application for informal, formal, or supervised probate or for the appointment of a personal representative or the filing of a petition for the appointment of a guardian or conservator, from the applicant or petitioner, $70, which includes the fee for filing a will for probate;
(n) on the filing of the items required in 72-4-303 by a domiciliary foreign personal representative of the estate of a nonresident decedent, $55;
(o) for filing a declaration of marriage without solemnization, $30;
(p) for filing a motion for substitution of a judge, $100;
(q) for filing a petition for adoption, $75.
(2) Except as provided in subsections (3) through (10) (11), 32% of all fees collected by the clerk of the district court
must be deposited in and credited to the district court fund. If no district court fund exists, that portion of the fees must be
deposited in the general fund for district court operations. The remaining portion of the fees must be remitted to the state
general fund.
(3) In the case of a fee collected for issuing a marriage license or filing a declaration of marriage without solemnization, $23.60 must be deposited in and credited to the state general fund and $6.40 must be deposited in and credited to the county general fund.
(4) Of the fee for filing a petition for dissolution of marriage or legal separation, $75 must be deposited in the state
general fund, $5 must be deposited in the children's trust fund account established by in 41-3-702, $30 must be deposited in
the partner and family member assault intervention and treatment fund established by in 40-15-110, and $20 must be
deposited in and credited to the district court fund. If no district court fund exists, the $20 must be deposited in the general
fund for district court operations.
(5) (a) Before the percentages contained in subsection (2) are applied and the fees deposited in the district court fund or the county general fund or remitted to the state, the clerk of the district court shall deduct from the following fees the amounts indicated:
(i) at the commencement of each action or proceeding and for filing a complaint in intervention as provided in subsection (1)(a), $35;
(ii) from each defendant or respondent, on appearance, as provided in subsection (1)(b), $25;
(iii) on the entry of judgment as provided in subsection (1)(c), $15; and
(iv) from the applicant or petitioner, on the filing of an application for probate or for the appointment of a personal representative or on the filing of a petition for appointment of a guardian or conservator, as provided in subsection (1)(m), $15.
(b) The clerk of the district court shall deposit the money deducted in subsection (5)(a) in the county general fund for district court operations unless the county has a district court fund. If the county has a district court fund, the money must be deposited in that fund.
(6) The fee for filing a motion for substitution of a judge as provided in subsection (1)(p) must be remitted to the state general fund.
(7) Fees collected under subsections (1)(d) through (1)(i) must be deposited in the district court fund. If no district court fund exists, fees must be deposited in the general fund for district court operations.
(8) The clerk of the district court shall remit to the credit of the state general fund $20 of each fee collected under the provisions of subsections (1)(a) through (1)(c), (1)(m), and (1)(n) to fund a portion of judicial salaries.
(9) The fee for filing a petition for a contested amendment of a parenting plan must be remitted by the clerk of the district court to the credit of the district court to defray the costs of the court-sanctioned educational program concerning the effects of dissolution of marriage on children, as required in 40-4-226, and to defray the expense of education when ordered for the investigation and preparation of a report concerning parenting arrangements, as provided in 40-4-215(2)(a).
(10) The clerk of district court shall remit to the credit of the special revenue account established in 42-2-105 $70 of the filing fee required in subsection (1)(q), and $5 of the filing fee must be deposited in the district court fund. If no district court fund exists, fees must be deposited in the general fund for district court operations.
(11) Of the fee for filing an action or proceeding, except a petition for dissolution of marriage, $9 must be deposited in the civil legal assistance for indigent victims of domestic violence account established in [section 2 of LC 1552] and $1 must be deposited in and credited to the district court fund for mitigation of administrative costs incurred by the court in the collection of the fee. If a district court fund does not exist, the $1 must be deposited in the county general fund for district court operations. (Terminates June 30, 1999--sec. 14, Ch. 484, L. 1997.)
25-1-201. (Effective July 1, 1999) Fees of clerk of district court. (1) The clerk of the district court shall collect the following fees:
(a) at the commencement of each action or proceeding, except a petition for dissolution of marriage, from the plaintiff
or petitioner, $80 $90; for filing a complaint in intervention, from the intervenor, $80; for filing a petition for dissolution of
marriage, a fee of $120; for filing a petition for legal separation, a fee of $120; and for filing a petition for a contested
amendment of a final parenting plan, a fee of $120;
(b) from each defendant or respondent, on appearance, $60;
(c) on the entry of judgment, from the prevailing party, $45;
(d) for preparing copies of papers on file in the clerk's office, 50 cents a page for the first five pages of each file, for each request, and 25 cents for each additional page;
(e) for each certificate, with seal, $2;
(f) for oath and jurat, with seal, $1;
(g) for search of court records, 50 cents for each year searched, not to exceed a total of $25;
(h) for filing and docketing a transcript of judgment or transcript of the docket from all other courts, the fee for entry of judgment provided for in subsection (1)(c);
(i) for issuing an execution or order of sale on a foreclosure of a lien, $5;
(j) for transmission of records or files or transfer of a case to another court, $5;
(k) for filing and entering papers received by transfer from other courts, $10;
(l) for issuing a marriage license, $30;
(m) on the filing of an application for informal, formal, or supervised probate or for the appointment of a personal representative or the filing of a petition for the appointment of a guardian or conservator, from the applicant or petitioner, $70, which includes the fee for filing a will for probate;
(n) on the filing of the items required in 72-4-303 by a domiciliary foreign personal representative of the estate of a nonresident decedent, $55;
(o) for filing a declaration of marriage without solemnization, $30;
(p) for filing a motion for substitution of a judge, $100;
(q) for filing a petition for adoption, $75.
(2) Except as provided in subsections (3) through (10) (11), 32% of all fees collected by the clerk of the district court
must be deposited in and credited to the district court fund. If no district court fund exists, that portion of the fees must be
deposited in the general fund for district court operations. The remaining portion of the fees must be remitted to the state
general fund.
(3) In the case of a fee collected for issuing a marriage license or filing a declaration of marriage without solemnization, $23.60 must be deposited in and credited to the state general fund and $6.40 must be deposited in and credited to the county general fund.
(4) Of the fee for filing a petition for dissolution of marriage or legal separation, $75 must be deposited in the state
general fund, $5 must be deposited in the children's trust fund account established by in 41-3-702, and $20 must be
deposited in and credited to the district court fund. If no district court fund exists, the $20 must be deposited in the general
fund for district court operations.
(5) (a) Before the percentages contained in subsection (2) are applied and the fees deposited in the district court fund or the county general fund or remitted to the state, the clerk of the district court shall deduct from the following fees the amounts indicated:
(i) at the commencement of each action or proceeding and for filing a complaint in intervention as provided in subsection (1)(a), $35;
(ii) from each defendant or respondent, on appearance, as provided in subsection (1)(b), $25;
(iii) on the entry of judgment as provided in subsection (1)(c), $15; and
(iv) from the applicant or petitioner, on the filing of an application for probate or for the appointment of a personal representative or on the filing of a petition for appointment of a guardian or conservator, as provided in subsection (1)(m), $15.
(b) The clerk of the district court shall deposit the money deducted in subsection (5)(a) in the county general fund for district court operations unless the county has a district court fund. If the county has a district court fund, the money must be deposited in that fund.
(6) The fee for filing a motion for substitution of a judge as provided in subsection (1)(p) must be remitted to the state general fund.
(7) Fees collected under subsections (1)(d) through (1)(i) must be deposited in the district court fund. If no district court fund exists, fees must be deposited in the general fund for district court operations.
(8) The clerk of the district court shall remit to the credit of the state general fund $20 of each fee collected under the provisions of subsections (1)(a) through (1)(c), (1)(m), and (1)(n) to fund a portion of judicial salaries.
(9) The fee for filing a petition for a contested amendment of a parenting plan must be remitted by the clerk of the district court to the credit of the district court to defray the costs of the court-sanctioned educational program concerning the effects of dissolution of marriage on children, as required in 40-4-226, and to defray the expense of education when ordered for the investigation and preparation of a report concerning parenting arrangements, as provided in 40-4-215(2)(a).
(10) The clerk of district court shall remit to the credit of the special revenue account established in 42-2-105 $70 of the filing fee required in subsection (1)(q), and $5 of the filing fee must be deposited in the district court fund. If no district court fund exists, fees must be deposited in the general fund for district court operations.
(11) Of the fee for filing an action or proceeding, except a petition for dissolution of marriage, $9 must be deposited in the civil legal assistance for indigent victims of domestic violence account established in [section 2 of LC 1552] and $1 must be deposited in and credited to the district court fund for mitigation of administrative costs incurred by the court in the collection of the fee. If a district court fund does not exist, the $1 must be deposited in the county general fund for district court operations."
NEW SECTION. Section 2. Contingent voidness. (1) If [LC 1552] is not passed and approved, then this act is void.
(2) If Constitutional Initiative No. 75, enacting Article VIII, section 17, of the Montana constitution, is declared invalid, then this act is void.
NEW SECTION. Section 3. Submission of fee increase to electorate. This act shall be submitted to the qualified electors of Montana at the tax election to be held in 1999, by printing on the ballot the full title of this act and the following:
SHALL THE CIVIL PLAINTIFFS' FILING FEES TAX BE INCREASED ANNUALLY BY $10 IN THE FOLLOWING MANNER?
[] FOR increasing the civil plaintiffs' filing fees in order to cover PROVIDE FOR legal fees for indigent victims of
domestic abuse.
[] AGAINST increasing the civil plaintiffs' filing fees in order to cover PROVIDE FOR legal fees for indigent victims of
domestic abuse.
NEW SECTION. Section 4. Effective date. If approved by the electorate, this act is effective January 1, 2000.
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Latest Version of SB 506 (SB0506.02)
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