HB357

ENROLLED, An Act,

Relating to Coosa County; to amend Section 45-19-82.50, Code of Alabama 1975; to authorize the Judge of Probate of Coosa County to electronically record all documents that are filed with the office of the judge of probate; and to authorize the judge of probate to electronically record previously recorded documents for archival purposes.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:Section 1. Section 45-19-82.50, Code of Alabama 1975, is amended to read as follows:

§45-19-82.50.

"(a) The Judge of Probate of Coosa County pursuant to Section 12-13-41, shall maintain a general register for all transactions recorded by the probate office and shall have a general direct and general reverse index for every instrument filed. Specifically included in the general register are those instruments described in Section 12-13-41(11) (deeds and mortgages, etc.); Section 12-13-41(13) (adverse possession); Section 35-4-52 (bankruptcy petitions); Section 35-4-53 (bonds for title); Sections 35-4-69 and 35-4-71 (affidavits relative to chain of title of land); Section 35-4-76 (options to buy land); Section 35-4-90 (agreements to convey land); Section 35-4-91 (wills which convey real property); Section 35-4-130 (lis pendens and hospital liens); Sections 36-5-3, 36-5-4, 36-5-5, and 36-5-6 (official bonds, notary bonds and oaths of office); Section 10-2A-93 (corporations); Section 10-4-26 (church minutes which grant trustees the authority to convey land); Section 6-9-210 (liens of judgment); Section 40-1-2(d) (tax liens); military discharges; medical records, and any and all other miscellaneous documents may be so registered at the discretion of the judge of probate. Specifically excluded from the general register are these instruments described in Section 12-13-41(2) and (3) (minutes of official acts); Section 12-13-41(4) (probate docket); Section 43-2-502 (final settlements); Section 18-1A-75 (condemnation orders); Section 40-10-15 (tax sales); Section 35-2-51(a) (plats); and Section 12-19-45 (fees), which shall be maintained as specified by the heretofore existing laws; as well as judicial records and any other records required to be maintained by the office of the judge of probate.

"(b) Each instrument contained in the general index shall be numbered consecutively and filmed.

"(c) The judge of probate may retain all or parts of records for archival purposes using optical storage devices, other acceptable computerized methods for records storage, or any combination thereof. The use of photocopying to retain and archive court records in the county may be discontinued and replaced with digitized or scanned images of records, committed to optical storage devices or other acceptable computerized methods. Records so archived and retained shall constitute official records of the office of the judge of probate and of the probate court and may be compiled and certified, and sold to the public in accordance with applicable law. All funds collected for copies and certifications shall be deposited into 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 office of the judge of probate and in the probate court. All funds received from the sale of information and images shall be deposited into the county general fund.

"(e) All fees collected in accordance with this section shall be in compliance with existing law relating to charges and fees to be collected by the Judge of Probate in Coosa County."

Section 2. This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.

Coosa County

Judge, Probate

Records

Counties

Code Amended