UNAPPROVED DRAFT BILL -- Subject to Change Without Notice!
BILL NO.
INTRODUCED BY
(Primary Sponsor)
A BILL FOR AN ACT ENTITLED: "AN ACT ESTABLISHING A COUNTY MONUMENT LOCATOR FUND; USING THE FUND TO PAY FOR LOCATING MONUMENTS FOR LAND SURVEYS; INCREASING THE FEE FOR RECORDING DOCUMENTS WITH THE COUNTY CLERK AND RECORDER; AMENDING SECTION 7-4-2631, MCA; AND PROVIDING AN EFFECTIVE DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Monument locator fund authorized -- toll-free telephone number -- contract for services. (1) The board of county commissioners shall establish a monument locator fund for the purpose of assisting a public or private person or entity to locate and reference a monument or the accessories to a monument. The county clerk and recorder is responsible for expenditures from the fund and shall use the money for a toll-free telephone number and for paying a professional land surveyor or a qualified person under the supervision of a professional land surveyor to locate and reference a monument or the accessories to the monument.
(2) The county clerk and recorder shall deposit 50 cents of each fee received under 7-4-2631 into the monument locator fund.
(3) The county clerk and recorder shall establish and maintain a toll-free telephone number for use by a public or private person or entity when requesting the location and referencing of a monument or the accessories to a monument.
(4) The board of county commissioners shall enter into a contract with a professional land surveyor to provide the services required in this section.
Section 2. Section 7-4-2631, MCA, is amended to read:
"7-4-2631. (Temporary) Fees of county clerk. (1) Except as provided in 7-4-2632, the county clerks shall charge, for the use of their respective counties:
(a) for recording and indexing each certificate of location of a quartz or placer mining claim or millsite claim, including a certificate that the instrument has been recorded with seal affixed, $6;
(b) for recording and indexing each affidavit of annual labor on a mining claim, including certificate that the instrument has been recorded with seal affixed:
(i) for the first mining claim in the affidavit, $3; and
(ii) for each additional mining claim included in it, 50 cents;
(c) for filing and indexing each writ of attachment, execution, certificate of sale, lien, or other instrument required by law to be filed and indexed, $5;
(d) for filing of subdivision and townsite plats, $5 plus:
(i) for each lot up to and including 100, 50 cents;
(ii) for each additional lot in excess of 100, 25 cents;
(e) for filing certificates of surveys and amendments thereto, $5 plus 50 cents per tract or lot;
(f) for a copy of a record or paper:
(i) for the first page of any document, 50 cents, and 25 cents for each subsequent page; and
(ii) for each certification with seal affixed, $2;
(g) for searching an index record of files of the office for each year when required in abstracting or otherwise, 50 cents;
(h) for administering an oath with certificate and seal, no charge;
(i) for taking and certifying an acknowledgment, with seal affixed, for signature to it, no charge;
(j) for filing, indexing, or other services provided for by Title 30, chapter 9A, part 5, the fees prescribed under those sections;
(k) for recording each stock subscription and contract, stock certificate, and articles of incorporation for water users' associations, $3;
(l) for filing a copy of notarial commission and issuing a certificate of official character of such notary public, $2;
(m) for each certified copy of a birth certificate, $5, and for each certified copy of a death certificate, $3;
(n) for filing, recording, or indexing any other instrument not expressly provided for in this section or 7-4-2632, the same fee provided in this section or 7-4-2632 for a similar service.
(2) State agencies submitting documents to be put of record shall pay the fees provided for in this section. If a state agency or political subdivision has requested an account with the county clerk, any applicable fees must be paid on a periodic basis.
7-4-2631. (Effective July 1, 2005) Fees of county clerk. (1) Except as provided in 7-4-2632 and 7-4-2637, the county clerks shall charge, for the use of their respective counties:
(a) for recording and indexing each certificate of location of a quartz or placer mining claim or millsite claim, including a certificate that the instrument has been recorded with seal affixed, $6 $6.50;
(b) for recording and indexing each affidavit of annual labor on a mining claim, including certificate that the instrument has been recorded with seal affixed:
(i) for the first mining claim in the affidavit, $3 $3.50; and
(ii) for each additional mining claim included in it, 50 cents $1;
(c) for filing and indexing each writ of attachment, execution, certificate of sale, lien, or other instrument required by law to be filed and indexed, $5 $5.50;
(d) for filing of subdivision and townsite plats, $5 $5.50 plus:
(i) for each lot up to and including 100, 50 cents $1;
(ii) for each additional lot in excess of 100, 25 75 cents;
(e) for filing certificates of surveys and amendments thereto, $5 $5.50 plus 50 cents $1 per tract or lot;
(f) for a copy of a record or paper:
(i) for the first page of any document, 50 cents $1, and 25 75 cents for each subsequent page; and
(ii) for each certification with seal affixed, $2 $2.50;
(g) for searching an index record of files of the office for each year when required in abstracting or otherwise, 50 cents $1;
(h) for administering an oath with certificate and seal, no charge;
(i) for taking and certifying an acknowledgment, with seal affixed, for signature to it, no charge;
(j) for filing, indexing, or other services provided for by Title 30, chapter 9A, part 5, the fees prescribed under those sections;
(k) for recording each stock subscription and contract, stock certificate, and articles of incorporation for water users' associations, $3 $3.50;
(l) for filing a copy of notarial commission and issuing a certificate of official character of such notary public, $2 $2.50;
(m) for each certified copy of a birth certificate, $5 $5.50, and for each certified copy of a death certificate, $3 $3.50;
(n) for filing, recording, or indexing any other instrument not expressly provided for in this section or 7-4-2632, the same fee provided in this section or 7-4-2632 for a similar service.
(2) State agencies submitting documents to be put of record shall pay the fees provided for in this section. If a state agency or political subdivision has requested an account with the county clerk, any applicable fees must be paid on a periodic basis."
NEW SECTION. Section 3. Codification instruction. [Section 1] is intended to be codified as an integral part of Title 70, chapter 22, part 1, and the provisions of Title 70, chapter 22, part 1, apply to [section 1].
NEW SECTION. Section 4. Coordination instruction. If Senate Bill No. 215 is not passed and approved, then [this act] is void.
NEW SECTION. Section 5. Effective date. [This act] is effective July 1, 2005.
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