****
69th Legislature 2025 HB 192.1
- 1 - Authorized Print Version – HB 192
1 HOUSE BILL NO. 192
2 INTRODUCED BY J. DARLING
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT INCREASING THE FEES CHARGED BY A COUNTY CLERK AND
5 RECORDER FOR RECORDING DOCUMENTS; INCREASING THE DEPOSIT IN THE RECORDS
6 PRESERVATION FUND; PROVIDING FOR THE FEE TO INCREASE BIENNIALLY BY AN INFLATION
7 FACTOR; PROVIDING RULEMAKING AUTHORITY; AMENDING SECTIONS 7-4-2632, 7-4-2635, AND 7-4-
8 2637, MCA; AND PROVIDING AN EFFECTIVE DATE AND AN APPLICABILITY DATE.”
9
10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
11
12 Section 7-4-2632, MCA, is amended to read:
13 "7-4-2632. Except as provided in 7-2-2803(4),
14 whenever recording is done by a using a photographic or similar process, the county clerk and recorder shall
15 charge $7 for each $20 for the first page or fraction of a page of the instrument for recording and $10 a page for
16 each additional page or fraction of a page."
17
18 Section 7-4-2635, MCA, is amended to read:
19 "7-4-2635. (1) The board of county commissioners shall
20 establish a records preservation fund for the purpose of preserving the records maintained by the county clerk
21 and recorder. The county clerk and recorder is responsible for expenditures from the fund and shall use the
22 money for records preservation.
23 (2) The county clerk and recorder shall deposit $1 $2 of the fee received under 7-4-2632 into in the
24 records preservation fund.
25 (3) The governing body of the county may transfer to the general fund any money in the records
26 preservation fund that is not needed for records preservation."
27
28 Section 7-4-2637, MCA, is amended to read: ****
69th Legislature 2025 HB 192.1
- 2 - Authorized Print Version – HB 192
1 "7-4-2637. (1) Except as provided in 7-2-2803(4) and
2 7-4-2631, the fee for recording a standard document that meets the requirements of 7-4-2636 is $8 for each
3 page or fraction of a page. as follows:
4 (a) $20 for the first page or fraction of a page and $10 a page for each additional page or fraction
5 of a page; and
6 (b) beginning July 1, 2027, the department of revenue shall set the fee under this subsection (1) by
7 administrative rule to adjust for inflation. The fee contained in subsection (1)(a) must be adjusted biennially
8 using an inflation factor, which is determined by dividing the consumer price index for June of the previous tax
9 year by the consumer price index for June 2025. The resulting figure must be rounded down to the nearest
10 whole dollar amount.
11 (2) Except as provided in 7-2-2803(4), the fee for recording a document that does not meet the
12 requirements of 7-4-2636 is the fee specified in subsection (1) plus $10.
13 (3) (a) Of the fees collected under subsection (1), for each page or fraction of a page:
14 (i) $1 $2 must be deposited in the records preservation fund, provided for in 7-4-2635;
15 (ii) 50 cents must be deposited in the county land information account provided for in 7-6-2230;
16 (iii) $1.50 must be transmitted each month to the department of revenue in the manner prescribed
17 by the department of revenue for deposit in the Montana geospatial information account created in 90-1-409;
18 and
19 (iv) the remainder must be deposited as provided for in 7-4-2511.
20 (b) The fees collected under subsection (2) must be deposited in the records preservation fund
21 provided for in 7-4-2635."
22
23 NEW SECTION. Section 4. [This act] is effective October 1, 2025.
24
25 NEW SECTION. Section 5. [This act] applies to documents recorded on or after
26 October 1, 2025.
27 - END -