HB674 Alabama 2010 Session

Summary

Primary Sponsor

Chris England Representative

Democrat

Session

Regular Session 2010

Title

Secretary of State and probate judges, authorized to refuse for filing any false, fraudulent or unlawfully issued document, removal, expungement, correction, crime of offering a false instrument for recording against a public employee or public official, established, penalties, Sec. 36-14-18 added; Secs. 12-13-40, 13A-9-12 am'd.

Description

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.

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Subjects

Public Officers and Employees