(a) In Madison County, a special recording fee of four dollars ($4) shall be collected by the judge of probate on each real or personal property, uniform commercial code, judicial, or other instrument recorded or filed for record in the probate court of the county. The special recording fee shall be in addition to all other fees, taxes, and other charges required by law to be paid upon the recording or filing for record of any real or personal property, uniform commercial code, judicial, or other instrument. All special recording fees collected shall be deposited by the judge of probate in any depository in the county as designated by the county governing body. Notwithstanding the fee set by this section, the county commission may adjust the fee from time to time by resolution of the commission adopted at a regularly scheduled meeting of the commission to meet the needs of this section.
(b) The fees collected under this section shall be expended at the discretion of the judge of probate for the preservation and restoration of court records and to develop, purchase, install, upgrade, and maintain a computerized system for recording, indexing, imaging, and storing of real and personal property records, uniform commercial code filings, judicial proceedings, financial accounts, and any other records required to be maintained by the court. No funds from the fee may be used for an automobile purchase or lease.
(c) The judge of probate may retain all or parts of court records for archival purposes utilizing optical disks, or other acceptable computerized methods for records storage, or any combination thereof. The use of microfilm to retain and archive court records in the county may be discontinued and replaced with digitized or scanned images of records committed to optic disks, or the like. Records archived and retained or optic disks, or the like, shall constitute official records of the court and may be compiled and certified and sold to the public in accordance with applicable statutes. All funds collected for copies and certifications shall be paid to the county general fund.
(d) The judge of probate from time to time shall establish a policy on the sale of or access to computerized index information and digitized images maintained in the probate court. All funds received from the sale of the information and images shall be paid to the county general fund.
(e) This section is cumulative. Nothing contained in this section shall alter or change an existing law relating to charges and fees to be collected by the Judge of Probate of Madison County.
Last modified: May 3, 2021