HB765 Alabama 2010 Session

Under existing law, negotiating a worthless negotiable instrument is a Class A misdemeanor

This bill would provide that the crime would be a Class C felony if the negotiable instrument is for an amount of $1,000 or more and if it is given to a livestock market for the purchase of livestock

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-9-13.1 of the Code of Alabama 1975, relating to the crime of negotiating a worthless negotiable instrument; to increase the penalties for certain checks given to a livestock market for the purchase of livestock; 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.