Relating to Russell County; providing for the levy of a county recording fee upon documents filed for record with the judge of probate; ratifying fees collected under Act 98-598, 1998 Regular Session (Acts 1998, p. 1311), and repealing Act 98-598.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Pursuant to the authority granted by Amendment 380 of the Constitution of Alabama of 1901, now appearing as Section 6, Local Amendments, Russell County, Official Recompilation of the Constitution of Alabama of 1901, as amended, and subsection (d) of Section 12-19-90, Code of Alabama 1975, in Russell County, a recording fee of five dollars ($5) shall be paid to the county and collected by the judge of probate, with respect to each instrument that may be filed for record in the office of the judge of probate and for each marriage license issued. No instrument shall be received for record in the office of the judge of probate, and no marriage license shall be issued, unless the recording fee of five dollars ($5) is paid. The recording fee shall be in addition to all other fees, taxes, and other charges required by law to be paid upon the filing for record of any instrument in the probate office or for issuing any marriage license. All recording fees so collected shall be deposited by the judge of probate to the county depository for Russell County, accumulated for the purpose of modernizing the records and record keeping of the probate office, and spent at the discretion of the judge of probate. The recording fees collected are not to be used to offset the cost to the county general fund for the general operation of the probate office unless the judge of probate, at his or her sole discretion, declares the funds, or some portion thereof, to be in excess of the amounts needed for the purpose of modernization.
Section 2. The fees provided by this act shall be levied only upon a recorded roll call vote of the county commission and shall be effective for a period of two years from the date the fees become effective. Thereafter, the fees may be extended for additional two-year periods upon a recorded roll call vote of the county commission.
Section 3. The fees collected under this act shall be controlled by the sole discretion of the judge of probate and shall be audited by the Examiners of Public Accounts.
Section 4. The fees collected under Act 98-598, 1998 Regular Session (Acts 1998, p. 1311), are hereby ratified and, upon the levy of any fees pursuant to this act, Act 98-598 is repealed.
Section 5. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.