The bill amends Section 45-57-83.40 of the Code of Alabama 1975, specifically regarding the assessment of the probate recording fee in Russell County. It removes the previous fixed recording fee of five dollars ($5) and allows the county commission to establish a new recording fee not to exceed ten dollars ($10). The bill stipulates that this fee is in addition to any other fees or charges required by law for filing instruments in the probate office or issuing marriage licenses. Furthermore, it mandates that all collected fees be deposited in a designated account managed by the judge of probate, with the funds intended for modernizing the probate office's records and record-keeping.

Additionally, the bill clarifies that the recording fees collected may not be used to offset the costs of the county general fund for the probate office's operations unless the judge of probate determines that excess funds are available. It also eliminates the requirement for a recorded roll call vote by the county commission for fee levies and their extensions, granting the judge of probate sole discretion over the control and auditing of the fees. The act is set to take effect on October 1, 2025.

Statutes affected:
Introduced: 45-57-83
Enrolled: 45-57-83