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House approves higher recording fees for county clerks, proposes CPI indexing
Summary
House Bill 192 would raise county clerk and recorder recording fees (first page to $20, subsequent pages $10), increase the records preservation fee, and require biannual CPI adjustments; the committee recommended passage and the House recorded 89 ayes, 10 noes on second reading.
Representative Darling presented House Bill 192 on behalf of the Montana Association of County Clerks and Recorders, asking the House to approve higher fees for recording real estate and other documents.
Darling explained the base recording fee ($5 per page) has not changed since 1985, and the current total per‑page charge (including preservation and land information fees) is $8. HB 192 would increase the first‑page fee to $20 and subsequent pages to $10; it would raise the deposit to the records preservation fund from $1 to $2 and direct the Department of Revenue to adjust the fee biannually by a CPI factor.
Darling gave examples: a typical three‑page warranty deed that currently costs about $24 would cost $40 under the proposal; a 15‑page mortgage that currently costs about $120 would cost about $160 — figures the sponsor used to illustrate the gap between current fees and administrative costs.
The committee recommended the bill do pass on a recorded second‑reading vote of 89 ayes and 10 noes.
Why it matters: recording fees cover county clerk and recorder operations and records preservation; proponents said fees have lagged inflation and current charges subsidize clerks’ operations improperly, while opponents may view fee increases as a cost to property transactions.
