SB225 Alabama 2012 Session

This bill would establish the crimes of falsely removing an instrument from recording and offering a false instrument for recording against a public official

This bill would also allow a proceeding to remove a false instrument filed by a public servant to be transferred to circuit court and for the proceeding to be expedited

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

To amend Section 13A-9-12 of the Code of Alabama 1975, to establish the crimes of falsely removing an instrument from recording and offering a false instrument for recording against a public servant; to provide for penalties; to provide a procedure for the removal of false instruments filed against a public official; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.