(a) Pursuant to the authority granted by Section 57-8.00 of the Constitution of Alabama of 2022, and Section 12–19–90(d), in Russell County, a recording fee 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 is paid. (b) The county commission, by resolution, may establish the recording fee in an amount not to exceed ten dollars ($10). 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 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. The account shall be maintained and managed by the judge of probate 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 may 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. (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.
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