Code of Alabama - Title 45: Local Laws - Section 45-48-85.02 - Special recording fee

Section 45-48-85.02 - Special recording fee.

(a) In Marshall County, a special recording fee of five dollars ($5) shall be paid to the county, and collected by the judge of probate, on each real property instrument and each personal property instrument that may be filed for record in the probate office and for the recording of other instruments and documents in the probate office. The special 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 real property instruments or personal property instruments and for the recording of other instruments and documents in the probate office.

(b) The proceeds from the special recording fees collected shall be collected by the judge of probate and distributed by the judge of probate on a monthly basis commencing October 1, 1992, as follows:

(1) Forty percent to the judge of probate to be spent at his or her discretion for the restoration of records, improving the recording system, purchase of equipment, indexing, and other related office expense for general office operations.

(2) Fifty percent to the Marshall County Legislative Office for operation of the office. Notwithstanding the foregoing provisions, at the end of any fiscal year, any funds in excess of the amount needed for the purpose shall be disbursed to any public entity located in Marshall County, with 50 percent of the excess going to the public entities in House District 25 and 50 percent to the public entities in House District 26. The public entities entitled to receive a share of the excess and the amount of each share shall be determined jointly by the state senator and the House member of each district.

(3) Ten percent to the Marshall County Association for Retarded Citizens or to be distributed directly to another public agency or entity as directed by the association.

(Act 92-512, p. 1047, §§ 1, 2; Act 2004-509, p. 985.)

Last modified: May 3, 2021