§ 45-57-83-40

40Recording Fee.(a) Pursuant to the authority granted by Amendment 380 tothe Constitution of Alabama of 1901, and subsection (d) of Section 12–19–90, in Russell County,a recording fee of five dollars ($5) shall be paid to the county and collectedby the judge of probate, with respect to each instrument that may be filed forrecord in the office of the judge of probate and for each marriage licenseissued. No instrument shall be received for record in the office of the judge of probate, and no marriage license shallbe issued, unless the recording fee of five dollars ($5) is paid. The recording fee shall be in addition toall other fees, taxes, and other charges required by law to be paid upon thefiling for record of any instrument in the probate office or for issuing anymarriage license. All recording feesso collected shall be deposited by the judge of probate in an account in a bankor other financial institution doing business in Russell County, which accountshall be maintained and managed by the judge of probate and accumulated for thepurpose of modernizing the records and record keeping of the probate office,and spent at the discretion of the judge of probate.

maintained and managed by the judge of probate and accumulated for thepurpose 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 probateoffice unless the judge of probate,at his or her sole discretion, declaresthe funds, or some portion thereof, to be in excessof the amounts needed for the purpose of modernization.(b) The fees provided by this section shall be levied onlyupon a recorded roll call vote of the county commission and shall be effectivefor a period of two years from the date the fees become effective. Thereafter, the fees may be extended for additional two-yearperiods upon a recorded roll call vote of the county commission.The fees collected under this section shall becontrolled by the sole discretion of the judge of probate and shall beaudited by the Department of Examiners of Public Accounts.(Act 2006–360, p. 954, §§ 1–3; Act 2013–365, p. 1311, § 1.)