2023 Alabama Legislative Update
Act No. 2023-63 was passed (and made effective) on April 20, 2023. It authorizes the appointment of temporary probate judges (to serve with the current probate judge) in Houston County under certain circumstances.
Act No. 2023-104 was signed into law May 3, 2023, and this act removed the requirement for title agents (and others) to complete a pre-licensing course prior to sitting for the licensing exam provided by the Alabama Department of Insurance. This law will become effective January 1, 2024.
Act No. 2023-176 became effective May 12, 2023, and amends the Alabama Uniform Trust Code, providing for the modification or termination of an uneconomic trust.
Act No. 2023-201 was signed into law on May 16, 2023. This law requires certain disclosures that the buyer intends to engage in a wholesale or flip transaction, and it deems certain unfair service agreements concerning long-term listings unenforceable. This act became effective August 1, 2023.
Act No. 2023-289 revised the Probate Code to allow for the jurisdiction of certain will contests that have been removed from probate court to circuit court (and to provide retroactive effect). This act became effective May 12, 2023.
Act No. 2023-332 became effective on August 1, 2023, and relates to the acquisition of real property in Alabama. Specifically, it prohibits certain governments or governmental entities from acquiring certain real property in the state.
Act No. 2023-356 will take effect on September 1, 2023, and provides a limitation of liability for responsible parties with respect to a brownfield site. It further provides for creation of brownfield redevelopment districts and makes non-substantive, technical revisions to update the existing code language to current style.
Act No. 2023-414 relates to Dam Safety will become effective on September 1, 2023. It provides for the inspection of certain dams and reservoirs by an engineer; requires certain dam owners to develop emergency action plans; and lastly requires these dam owners to notify their local emergency management agency of any new dam construction or enlargement.
Act No. 2023-484 became effective June 14, 2023, and pertains to residential real estate. It provides for the prohibition on the installation of centralized mail delivery devices by residential real estate developers in certain new residential neighborhoods, with exceptions.
Act No. 2023-499 became effective June 14, 2023, and it provides a date certain by which valuation notices must be mailed by county assessing officials; provides notice requirements regarding certain decisions of the Board of Equalization; extends the time to pay taxes and file an appeal regarding certain actions of the Board of Equalization; and makes non-substantive, technical revisions to update the existing code language to current style.
Act No. 2023-536 will take effect on September 1, 2023, and it specifies the method for a judge of probate to record that an electronic map or a plat has been vacated.
Act No. 2023-548 will take effect on September 1, 2023, and it provides further for the appointment and service of notaries public; increases the fee collected by the judge of probate for the commission of a notary; expands the grounds under which a judge of probate may accept or deny an application for a notary commission; requires an applicant for a notary commission to complete a training program; increases the bond required of a notary public; provides further for the acknowledgment of signatures; increases the fee collected for notarial acts performed; specifies the acts of a notary or other individual that constitute a crime.
