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HB 1601 - Liens; nonconforming; expedited cancellation

Connell, Jack (115th)

Status Summary	HC:	Judy	SC:	Judy	FR:	02/24/00	LA:	05/01/00	Signed by Governor

First Reader Summary

A BILL to amend Code Section 44-14-320 of the Official Code of Georgia Annotated, relating to establishment of certain liens and removal of nonconforming liens, so as to expressly prohibit accepting for filing, indexing, or recording any nonconforming lien; to provide procedures for expedited cancellation of nonconforming liens filed against government officials or employees based upon the performance or nonperformance of their official duties; and for other purposes.

HB 1601                                           LC 22 4052S 
 
 
                ________________________ offers the following 
      substitute to HB 1601: 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Code Section 44-14-320 of the Official Code of 
  1- 2  Georgia Annotated, relating to establishment of certain 
  1- 3  liens and removal of nonconforming liens, so as to provide 
  1- 4  that nonconforming liens are not eligible for filing and 
  1- 5  recording; to provide procedures for expedited cancellation 
  1- 6  of nonconforming liens filed against government officials or 
  1- 7  employees; to provide an effective date; to repeal 
  1- 8  conflicting laws; and for other purposes. 
 
  1- 9       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-10                           SECTION 1. 
 
  1-11  Code Section 44-14-320 of the Official Code of Georgia 
  1-12  Annotated, relating to establishment of certain liens and 
  1-13  removal of nonconforming liens, is amended by striking 
  1-14  subsections (b) and (c) and inserting in lieu thereof the 
  1-15  following: 
 
  1-16      "(b)(1) All liens provided for in this chapter or 
  1-17      specifically established by federal or state statute, 
  1-18      county, municipal, or consolidated government ordinance, 
  1-19      or specifically established in a written declaration or 
  1-20      covenant which runs with the land shall be exempt from 
  1-21      subsection (c) of this Code section.  All other liens 
  1-22      shall be defined as nonconforming liens and shall not be 
  1-23      eligible for filing and recording. 
 
  1-24      (2) Each nonconforming lien shall be a nullity with no 
  1-25      force or effect whatsoever, even though if said 
  1-26      nonconforming lien is duly filed, recorded, and indexed 
  1-27      in the land records of one or more counties in this 
  1-28      state. 
 
  1-29      (c)(1) Any person, corporation, or other entity against 
  1-30      whose property a nonconforming lien is filed or recorded 
  1-31      may, without notice to any party, file an ex parte 
  1-32      petition for an order to remove a nonconforming lien 
  1-33      from the record in the superior court of the county in 
  1-34      which said lien is filed or recorded and obtain an order 
 
 
                                 -1- 
 
 
 
  2- 1      from said superior court directing the clerk of the 
  2- 2      superior court to record the order and mark the recorded 
  2- 3      nonconforming lien: 'CANCELED OF RECORD PURSUANT TO 
  2- 4      ORDER DATED ______________, RECORDED AT DEED BOOK 
  2- 5      _______, PAGE _______. THIS ______ DAY OF 
  2- 6      ______________, ____.'  The petition shall set forth 
  2- 7      that: 
 
  2- 8        (1)(A) The movant is a party against whose property a 
  2- 9        nonconforming lien is filed; 
 
  2-10        (2)(B) The lien in question is a nonconforming lien as 
  2-11        defined under this Code section; and 
 
  2-12        (3)(C) A certified copy of the nonconforming lien is 
  2-13        attached as an exhibit. 
 
  2-14      The petition must be executed by the movant or movant's 
  2-15      attorney. The order may be entered as early as the date 
  2-16      of filing of the petition and shall set forth that, upon 
  2-17      review of the petition and the certified copy of the 
  2-18      recorded instrument attached thereto, it is the order of 
  2-19      the court that said lien is a nonconforming lien under 
  2-20      this Code section and that the clerk of the court is 
  2-21      ordered to record the order and mark the nonconforming 
  2-22      lien canceled of record. 
 
  2-23      (2) Any official or employee of the government of this 
  2-24      state or any branch thereof, any political subdivision 
  2-25      of this state, or the government of the United States or 
  2-26      any branch thereof against whose property a 
  2-27      nonconforming lien is filed or recorded may, without 
  2-28      notice to any party and in lieu of the procedure 
  2-29      provided by paragraph (1) of this subsection, file an ex 
  2-30      parte affidavit of nonconforming lien in the superior 
  2-31      court of the county in which said lien is filed or 
  2-32      recorded.  The affidavit shall set forth that: 
 
  2-33        (A) Such person against whose property a nonconforming 
  2-34        lien is filed is an official or employee of the 
  2-35        government of this state or a branch thereof, a 
  2-36        political subdivision of this state, or the government 
  2-37        of the United States or a branch thereof; 
 
  2-38        (B) The lien in question is a nonconforming lien as 
  2-39        defined under this Code section and was filed against 
  2-40        the government official or employee based upon the 
  2-41        performance or nonperformance of his or her official 
  2-42        duties; and 
 
 
 
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  3- 1        (C) A certified copy of the nonconforming lien is 
  3- 2        attached as an exhibit. 
 
  3- 3    The affidavit filed for such government official or 
  3- 4    employee must be executed by the Attorney General or a 
  3- 5    deputy or assistant attorney general in the case of an 
  3- 6    official or employee of the government of this state or a 
  3- 7    branch thereof, the attorney representing a political 
  3- 8    subdivision of this state in the case of an official or 
  3- 9    employee of such political subdivision, or a United States 
  3-10    attorney or an assistant United States attorney in the 
  3-11    case of an official or employee of the government of the 
  3-12    United States or a branch thereof.  The lien shall be 
  3-13    conclusively presumed to be nonconforming upon the filing 
  3-14    of such affidavit, and the clerk of the court shall 
  3-15    instanter mark the recorded nonconforming lien: 'CANCELED 
  3-16    OF RECORD PURSUANT TO AFFIDAVIT DATED ______________, 
  3-17    RECORDED AT DEED BOOK ______, PAGE ______.  THIS ______ 
  3-18    DAY OF ______________, ____.'". 
 
  3-19                           SECTION 2. 
 
  3-20  This Act shall become effective upon its approval by the 
  3-21  Governor or upon its becoming law without such approval. 
 
  3-22                           SECTION 3. 
 
  3-23  All laws and parts of laws in conflict with this Act are 
  3-24  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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