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 fee of five dollars ($5) and allows the county commission to establish a new recording fee, which may not exceed ten dollars ($10). The bill also stipulates that all collected fees 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. The judge of probate has discretion over the expenditure of these funds.
Additionally, the bill clarifies that the recording fees collected cannot be used to offset the general operational costs of the probate office unless deemed excess by the judge of probate. It 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 control over the collected fees, which will be subject to audit by the Department of Examiners of Public Accounts. The act is set to take effect on October 1, 2025.
Statutes affected: Introduced: 45-57-83
Enrolled: 45-57-83