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 requirement of a 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 also clarifies that all fees collected must be deposited in a designated account managed by the judge of probate, with the funds earmarked for modernizing the probate office's records and record-keeping systems.
Additionally, the bill stipulates that the recording fees collected may not be used to offset the general operational costs of the probate office unless deemed excess by the judge of probate. It eliminates the previous provisions that required a recorded roll call vote for fee levies and their renewal every two years. The new legal language emphasizes the discretion of the judge of probate in managing the funds and establishes an auditing requirement by the Department of Examiners of Public Accounts. The act is set to take effect on October 1, 2025.