CNN Week Ten Recap - Legislature Sprints To Spring Break Recess

CNN Week Ten Recap - Legislature Sprints To Spring Break Recess

Before departing Montgomery for its annual Spring Break recess this week, the Alabama Legislature addressed several high-profile measures as available meeting days continue to tick down.

When lawmakers reconvene a week from today, only six meeting days will remain in the 30 days that the Alabama Constitution allows for the regular session, and several “heavy lift” items remain on the agenda.

While the House has passed a $10.5 billion Education Trust Fund budget for K-12 public schools, community colleges, and four-year universities and the Senate has approved a $3.7 billion General Fund budget for state agencies, each spending plan has yet to be considered and approved by the other chamber, and any changes or amendments in either must be reconciled before they can proceed to Gov. Kay Ivey for signature.

The only duty mandated by the state constitution that legislators must complete each year is passage and enactment of balanced budgets for the next fiscal cycle.

Bills declared a priority by the legislative leadership, which include a measure that would move Alabama to a closed primary system requiring voters to officially declare a party registration in order to cast ballots in primary and runoff elections, legislation providing a tax exemption of up to $1,000 on overtime pay for each taxpayer each year, and proposed reforms to the Public Service Commission, also await action.

In addition, senators and representatives addressed bills of importance to the Alabama Association of REALTORS® just prior to their holiday break.

 

House and Senate Chambers Approve AAR-Backed Property Title Protections

The House and Senate on Tuesday passed identical AAR-priority bills designed to protect Alabamians from falling victim to property title fraud schemes.

House Bill 426 by Rep. Paul Lee (R - Dothan) and Senate Bill 292 by Sen. Arthur Orr (R - Decatur) each received unanimous approval in their respective chambers and now cross to the other for consideration, but only one must secure final passage in order for the consumer protections to become law.

Known as the Alabama Property Protection Act of 2026, the legislation combats scammers who falsely represent themselves as property owners and list, sell, or encumber real estate they do not own while the actual owners often remain unaware of the actions.

Property title fraud most often targets homes and real estate that is wholly owned with no mortgage or money owed on it, and elderly owners are usually victimized. The crime also occurs more often in urban rather than rural settings.

“It’s an emerging crime that people are very unaware of, because our system is based on 20th-century honesty and integrity among the public,” Orr said. “And now, with fraudsters becoming more and more brazen and abundant, they’re using our outdated system to basically steal the titles to property then flip them very quickly to unwitting buyers.”

Lee noted during the House discussion that many con artists engaging in property title fraud live outside the United States and remain under the radar by committing their crimes via computer from various international locations.

The legislation sets up guard rails by requiring an owner to establish and verify their identify through various phases of listing, selling, and titling property.

It reclassifies the existing crime of “fraudulent sale of real property” to a Class D felony, which is punishable by one to five years in prison and a fine of up to $7,500, and establishes the crime of  “aggravated sale of real property” and classifies it as a Class C felony punishable by one to 10 years in prison and a fine of up to $15,000.

Probate judges are authorized to set up systems under the legislation that automatically notify property owners when conveyances containing their names or addresses of property they own are filed with the judges’ offices.

The measure also fast tracks the ability for owners to void, block, and repeal fraudulent conveyances to reclaim their property titles, and it establishes an Alabama Title Fraud Recovery Fund for victims.

Another provision empowers the Alabama Securities Commission to aggressively investigate, combat, and prosecute property title fraud, as well.

 

Finish Line Is In Sight

When lawmakers return from their recess one week from today, the finish line for the 2026 regular session will be in sight, and activity will become even more frenetic.

Passing a bill through both chambers requires a minimum of five legislative days, so more and more measures will become law as the House and Senate turn their attention from bills originating in their own chambers and begin voting upon legislation being sent to them from the other.

The leadership is still targeting the second week of April for adjourning “sine die,” which is a Latin term meaning “without day,” so incumbents facing opposition may return to their districts and campaign prior to the May 19 primary elections.