SB354 Alabama 2012 Session

Updated Feb 27, 2026

Low Interest

Summary

Primary Sponsor: Dick Brewbaker
Republican
Session: Regular Session 2012
Title: Montgomery Co., judge of probate, recording fee, use for improvement of record system, distrib. to Judge of Probate Fund, Act 591, 1965 Reg. Sess. repealed
Summary: Montgomery County would install an improved recording system for property-related documents, charge a $5 special recording fee to fund it, and repeal the old Act 591.
What This Bill Does
The bill authorizes the Montgomery County judge of probate to install and maintain an upgraded system to record, archive, and retrieve real and personal property documents and other instruments. It creates a $5 special recording fee paid for each instrument or document filed, with funds going to a Judge of Probate Fund to cover installation, maintenance, and improvements. After installation, these records become the official records, stored either electronically or on paper as determined by the judge. It also repeals Act 591 (1965) and transfers related funds to the new special fund, and requires annual reporting and audits.

Who It Affects
Property owners who file real property, personal property, or UCC instruments in Montgomery County, who would pay the $5 special recording fee per filing.
Montgomery County Judge of Probate and office staff, who would install, operate, and maintain the improved recording system and manage the related funds.
Public stakeholders, who would access the official records and benefit from transparency through annual reports and audits.

Key Provisions
Section 1: Applies only in Montgomery County and aims to improve recording, archiving, and retrieving documents affecting titles to property.
Section 2: Defines terms including general property instrument, improved recording system, personal property instrument, and real property instrument.
Section 3: The judge of probate may install or enhance and maintain the improved system; installation includes equipment and procedures, overseen by a records-management professional.
Section 4: After installation, records stored via computer files or on optical disk/paper become the official record for purposes of recording statutes.
Section 5: Existing laws about recording continue to apply to the improved system where applicable.
Section 6: Installation costs paid entirely from the special recording fees, with possible use of county funds for ongoing operations after initial installation.
Section 7: A $5 special recording fee is collected per applicable document, added to existing fees, and deposited into the Judge of Probate Fund; funds used for the improved system and related services; annual reporting to the Montgomery County Legislative Delegation.
Section 8: Fees are under the judge's control and subject to audit by the Examiners of Public Accounts; audit costs funded from the fees; expenditures are public record.
Section 9: Transfers any existing funds from the prior Act 591 into the new special fund and keeps the indexing/recording system operational under the new act.
Section 10: Repeals Act 591 (1965) and related amendments.
Section 11: The act becomes effective on the first day of the third month after passage and approval.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Montgomery County