HB674 Alabama 2010 Session

This bill would authorize any judge of probate and the Secretary of State to refuse to accept for filing what he or she believes to be a materially false, fraudulent, or unlawfully issued document, and to remove from existing public records and documents filed against a public employee or public official when he or she believes the records and documents to be materially false, fraudulent, or not lawfully issued. The bill would provide the documents may include, but are not limited to, deeds of conveyance, mortgages, and judgment liens

This bill would provide for a procedure under which the filer or owner, or both, of a document may make corrections

This bill would establish the crime of offering a false instrument for recording against a public employee or public official and would provide for penalties

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 add Section 36-14-18 to the Code of Alabama 1975, to authorize the Secretary of State to refuse to accept for filing any document which he or she believes to be materially false, fraudulent, or not issued lawfully; to authorize the Secretary of State to remove and expunge from existing public records any document filed against a public employee or public official which he or she believes to be materially false, fraudulent, or not issued lawfully; to provide for the type of documents; to provide for a procedure under which the filer or owner, or both, of a document may seek corrections; to amend Section 12-13-40 of the Code of Alabama 1975, to authorize the judge of probate to refuse to accept for filing any document which he or she believes to be materially false, fraudulent, or not issued lawfully; to authorize the judge of probate to remove and expunge from existing public records any document filed against a public employee or public official which he or she believes to be materially false, fraudulent, or not issued lawfully; to provide for the type of documents; to provide for a procedure under which the filer or owner, or both, of a document may seek corrections; to amend Section 13A-9-12 of the Code of Alabama 1975, to establish the crime of offering a false instrument for recording against a public employee or public official; to provide for penalties; 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.