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HB192 • 2025

Revise county clerk and recorder fee for recording documents

Revise county clerk and recorder fee for recording documents

Taxes
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Julie Darling
Last action
2025-05-13
Official status
Chapter Number Assigned
Effective date
Not listed

Plain English Breakdown

The exact details of how the increased deposits are to be used for purposes other than records preservation, county land information account, and Montana geospatial information account are not specified in the official source material.

Revise County Clerk and Recorder Fee for Recording Documents

This law changes the fees charged by county clerks and recorders when recording documents, increases deposits into certain funds, and allows these fees to be adjusted every two years based on inflation starting July 1, 2027.

What This Bill Does

  • Increases the fee for recording a document using mechanical means from $7 per page to $20 for the first page and $10 for each additional page.
  • Raises the deposit in the records preservation fund, county land information account, and Montana geospatial information account.
  • Sets rules for adjusting fees every two years based on inflation starting July 1, 2027.
  • Gives the department of revenue authority to set these adjustments through administrative rule.

Who It Names or Affects

  • County clerks and recorders who handle document recording.
  • People or companies that need to file documents with county clerks and recorders.

Terms To Know

Inflation
The increase in prices of goods and services over time, which can reduce the value of money.
Administrative rule
A regulation made by an agency to carry out or enforce a law.

Limits and Unknowns

  • The exact amount of fees after inflation adjustments is not known until July 1, 2027.
  • It does not specify how the increased funds will be used beyond records preservation and related accounts.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

COMMITTEE

Plain English: Amendment 1 increases the fees charged by county clerks and recorders for recording documents and adjusts deposits into various funds based on these higher fees.

  • Increases the fee from $7 to $20 for the first page or fraction of a page when recording is done using a photographic process.
  • Raises the deposit in the records preservation fund from $1 per recorded document to $2.
  • Adjusts the initial fee for standard documents from $8 per page to $20 for the first page and $10 for each additional page, with future adjustments based on inflation.
  • The exact impact of these changes on county budgets and residents is not specified in the amendment text.

Bill History

  1. 2025-05-13 HOUSE

    Chapter Number Assigned

  2. 2025-05-08 HOUSE

    (H) Signed by Governor

  3. 2025-05-02 SENATE

    (S) Signed by President

  4. 2025-05-02 HOUSE

    (H) Transmitted to Governor

  5. 2025-04-29 HOUSE

    (H) Signed by Speaker

  6. 2025-04-20 HOUSE

    (H) Returned from Enrolling

  7. 2025-04-18 HOUSE

    (H) Scheduled for 3rd Reading

  8. 2025-04-18 HOUSE

    (H) 3rd Reading Passed as Amended by Senate

  9. 2025-04-18 HOUSE

    (H) Sent to Enrolling

  10. 2025-04-17 HOUSE

    (H) Scheduled for 2nd Reading

  11. 2025-04-17 HOUSE

    (H) 2nd Reading Senate Amendments Concurred

  12. 2025-04-09 SENATE

    (S) Scheduled for 3rd Reading

  13. 2025-04-09 SENATE

    (S) 3rd Reading Concurred

  14. 2025-04-09 SENATE

    (S) Returned to House with Amendments

  15. 2025-04-08 SENATE

    (S) Scheduled for 2nd Reading

  16. 2025-04-08 SENATE

    (S) 2nd Reading Concurred

  17. 2025-03-29 HOUSE

    (H) Revised Fiscal Note Signed

  18. 2025-03-28 HOUSE

    (H) Revised Fiscal Note Received

  19. 2025-03-25 HOUSE

    (H) Revised Fiscal Note Requested

  20. 2025-03-24 SENATE

    (S) Committee Report--Bill Concurred as Amended

  21. 2025-03-21 SENATE

    (S) Committee Executive Action--Bill Concurred as Amended

  22. 2025-03-05 SENATE

    (S) Hearing

  23. 2025-02-18 SENATE

    (S) Referred to Committee

  24. 2025-02-05 SENATE

    (S) First Reading

  25. 2025-02-04 HOUSE

    (H) 3rd Reading Passed

  26. 2025-02-04 HOUSE

    (H) Transmitted to Senate

  27. 2025-02-03 HOUSE

    (H) 2nd Reading Passed

  28. 2025-01-30 HOUSE

    (H) Committee Executive Action--Bill Passed

  29. 2025-01-30 HOUSE

    (H) Committee Executive Action--Bill Passed

  30. 2025-01-30 HOUSE

    (H) Committee Report--Bill Passed

  31. 2025-01-22 HOUSE

    (H) Fiscal Note Printed

  32. 2025-01-21 HOUSE

    (H) Fiscal Note Received

  33. 2025-01-21 HOUSE

    (H) Fiscal Note Signed

  34. 2025-01-20 HOUSE

    (H) Hearing

  35. 2025-01-14 HOUSE

    (H) Introduced

  36. 2025-01-14 HOUSE

    (H) Fiscal Note Requested

  37. 2025-01-14 HOUSE

    (H) Referred to Committee

  38. 2025-01-14 HOUSE

    (H) First Reading

  39. 2025-01-13 HOUSE

    (LC) Draft Delivered to Requester

  40. 2025-01-10 HOUSE

    (LC) Draft Ready for Delivery

  41. 2025-01-09 HOUSE

    (LC) Draft in Assembly

  42. 2025-01-08 HOUSE

    (LC) Draft in Input/Proofing

  43. 2025-01-08 HOUSE

    (LC) Draft in Final Drafter Review

  44. 2025-01-07 HOUSE

    (LC) Drafter Assigned

  45. 2025-01-07 HOUSE

    (LC) Draft in Legal Review

  46. 2025-01-07 HOUSE

    (LC) Draft in Edit

  47. 2025-01-06 HOUSE

    (LC) Draft in Legal Review

  48. 2024-11-16 HOUSE

    (LC) Drafter Assigned

Official Summary Text

Revise county clerk and recorder fee for recording documents

Current Bill Text

Read the full stored bill text
- 2025
69th Legislature 2025 HB 192
- 1 - Authorized Print Version – HB 192
ENROLLED BILL
AN ACT INCREASING THE FEES CHARGED BY A COUNTY CLERK AND RECORDER FOR RECORDING
DOCUMENTS; INCREASING THE DEPOSIT IN THE RECORDS PRESERVATION FUND, THE COUNTY
LAND INFORMATION ACCOUNT, AND THE MONTANA GEOSPATIAL INFORMATION ACCOUNT;
PROVIDING FOR THE FEE TO INCREASE BIENNIALLY BY AN INFLATION FACTOR; PROVIDING
RULEMAKING AUTHORITY; AMENDING SECTIONS 7-4-2632, 7-4-2635, AND 7-4-2637, MCA; AND
PROVIDING AN EFFECTIVE DATE AND AN APPLICABILITY DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 7-4-2632, MCA, is amended to read:
"7-4-2632. Fee when recording done by mechanical means. Except as provided in 7-2-2803(4),
whenever recording is done by a using a photographic or similar process, the county clerk and recorder shall
charge $7 for each $20 for the first page or fraction of a page of the instrument for recording and $10 a page for
each additional page or fraction of a page."
Section 2. Section 7-4-2635, MCA, is amended to read:
"7-4-2635. Records preservation fund authorized. (1) The board of county commissioners shall
establish a records preservation fund for the purpose of preserving the records maintained by the county clerk
and recorder. The county clerk and recorder is responsible for expenditures from the fund and shall use the
money for records preservation.
(2) The county clerk and recorder shall deposit $1 $2 of the fee received under 7-4-2632 into in the
records preservation fund.
(3) The governing body of the county may transfer to the general fund any money in the records
preservation fund that is not needed for records preservation."
- 2025
69th Legislature 2025 HB 192
- 2 - Authorized Print Version – HB 192
ENROLLED BILL
Section 3. Section 7-4-2637, MCA, is amended to read:
"7-4-2637. Fees for recording documents -- rulemaking. (1) Except as provided in 7-2-2803(4) and
7-4-2631, the fee for recording a standard document that meets the requirements of 7-4-2636 is $8 for each
page or fraction of a page. as follows:
(a) $20 for the first page or fraction of a page and $10 a page for each additional page or fraction
of a page; and
(b) beginning July 1, 2027, the department of revenue shall set the fee under this subsection (1) by
administrative rule to adjust for inflation. The fee contained in subsection (1)(a) must be adjusted biennially
using an inflation factor, which is determined by dividing the consumer price index for June of the previous tax
year by the consumer price index for June 2025. The resulting figure must be rounded down to the nearest
whole dollar amount.
(2) Except as provided in 7-2-2803(4), the fee for recording a document that does not meet the
requirements of 7-4-2636 is the fee specified in subsection (1) plus $10.
(3) (a) Of the fees collected under subsection (1), for each page or fraction of a page:
(i) $1 $2 must be deposited in the records preservation fund, provided for in 7-4-2635;
(ii) 50 75 cents must be deposited in the county land information account provided for in 7-6-2230;
(iii) $1.50 $2.25 must be transmitted each month to the department of revenue in the manner
prescribed by the department of revenue for deposit in the Montana geospatial information account created in
90-1-409; and
(iv) the remainder must be deposited as provided for in 7-4-2511; and
(v) beginning July 1, 2027, the department of revenue shall set the amounts deposited or
transmitted under subsections (3)(a)(i) through (3)(a)(iii) by administrative rule to adjust for inflation. The
amounts contained in subsections (3)(a)(i) through (3)(a)(iii) must be adjusted biennially using an inflation
factor, which is determined by dividing the consumer price index for June of the previous tax year by the
consumer price index for June 2025. The resulting figure must be rounded down to the nearest quarter dollar
amount.
(b) The fees collected under subsection (2) must be deposited in the records preservation fund
- 2025
69th Legislature 2025 HB 192
- 3 - Authorized Print Version – HB 192
ENROLLED BILL
provided for in 7-4-2635."
Section 4. Effective date. [This act] is effective October 1, 2025.
Section 5. Applicability. [This act] applies to documents recorded on or after October 1, 2025.
- END -
I hereby certify that the within bill,
HB 192, originated in the House.
___________________________________________
Chief Clerk of the House
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
HOUSE BILL NO. 192
INTRODUCED BY J. DARLING
AN ACT INCREASING THE FEES CHARGED BY A COUNTY CLERK AND RECORDER FOR RECORDING
DOCUMENTS; INCREASING THE DEPOSIT IN THE RECORDS PRESERVATION FUND, THE COUNTY
LAND INFORMATION ACCOUNT, AND THE MONTANA GEOSPATIAL INFORMATION ACCOUNT;
PROVIDING FOR THE FEE TO INCREASE BIENNIALLY BY AN INFLATION FACTOR; PROVIDING
RULEMAKING AUTHORITY; AMENDING SECTIONS 7-4-2632, 7-4-2635, AND 7-4-2637, MCA; AND
PROVIDING AN EFFECTIVE DATE AND AN APPLICABILITY DATE.