HB348INTRODUCED
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HB348
W6VS995-1
By Representative Blackshear (N & P)
RFD: Local Legislation
First Read: 27-Feb-25
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5 W6VS995-1 12/31/2024 CMH (L)CMH 2024-3224
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First Read: 27-Feb-25
A BILL
TO BE ENTITLED
AN ACT
Relating to Russell County, to amend Section
45-57-83.40, Code of Alabama 1975, to further provide for
assessment of the probate recording fee.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. Section 45-57-83.40, Code of Alabama 1975,
is amended to read as follows:
"§45–57–83.40
(a) Pursuant to the authority granted by Amendment 380
toSection 57-8.00 of the Constitution of Alabama of 19012022,
and subsection (d) of Section 12–19–90 (d), 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.
(b) The county commission, by resolution, may establish
the recording fee in an amount not to exceed 10 dollars ($10).
The recording fee shall be in addition to all other fees,
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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.
(c) All recording fees so collected pursuant to this
section shall be deposited by the judge of probate in an
account in a bank or other financial institution doing
business in Russell County , which.The account shall be
maintained and managed by the judge of probate and accumulated
for the purpose of modernizing the records and record keeping
of the probate office, and the funds in the account may be
spent at the discretion of the judge of probate.
(d) The recording fees collected are not tomay not 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.
(b) The fees provided by this section 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.
(e) The fees collected under this section shall be
controlled by the sole discretion of the judge of probate and
shall be audited by the Department of Examiners of Public
Accounts."
Section 2. This act shall become effective on October
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Section 2. This act shall become effective on October
1, 2025.57