New legislation affecting the probate office, others
PROTECTED CONTENT
If you’re a current subscriber, log in below. If you would like to subscribe, please click the subscribe tab above.
Username and Password Help
Please enter your email and we will send you a password reset link.
Food for Thought
Judge of Probate Richard Dean
This month is a continuation of last month’s column about legislation. However, this column will focus mainly on legislation affecting the probate office, and possibly you, passed this session by the legislature and sent to the governor for signature.
First, election legislation. HB-339: Revises the date of the primary runoff election for the 2024 election cycle only. This Bill changes the time frame between the 2024 primary and runoff elections from four weeks to six weeks. The four-week runoff was implemented during the 2020 election cycle and caused major issues getting proper notice, primary certification and runoff ballots delivered on time.
HB-435: This Bill increases polling officials’ compensation by $50. This is much needed legislation because polling officials must attend election school and work, on average, 14 hours each election day. Current compensation is $100 (clerks) and $125 (inspectors) for approximately 18 hours of work. This is intended to help obtain dedicated, qualified, competent, and responsible persons to work our elections.
Related to adoption, HB 101: To create the Alabama Minor Adoption Code and the Alabama Adult Adoption Code; to provide for jurisdictional and procedural requirements relating to adoptions; to provide for the communication of certain courts handling adoption-related proceedings; to provide that certain individuals must consent to an adoption; to provide for the confidentiality of certain adoption records; to provide for investigative requirements for the adoption of a minor; to provide procedures to adopt an adult.
Related to estates, HB-266: Provides for the jurisdiction of certain will contest proceedings for wills filed in probate court after January 1, 2023, and have been removed from the probate court to the circuit court; and to provide retroactive effect for cases already removed.
Related to guardianships and conservatorships, SB-55: Creates the Colby Act and provides for a supported decision-making agreement as an alternative to a guardianship or conservatorship. Also provides the scope and limitations of a supported decision-making agreement.
Related to mental health commitments, SB-44: Amends the Code to modify court-appointed attorney’s compensation in a commitment proceeding. This bill allows the attorney to be paid reasonable fees related to consultation and preparation prior to appointment by the judge. All fees are subject to approval by the judge of probate.
This is an important piece of legislation because it allows an attorney to be paid for his/her services during the initial phase of the mental health commitment process. Prior to this legislation, the attorney was not paid for initial consultation and preparation of documents.
SB-158: Requires the judge of probate or circuit judge to report to the Alabama State Law Enforcement Agency an order, or any modification to a previous order, of a person involuntarily committed for mental health treatment. It also requires the Alabama State Law Enforcement Agency to enter any order, or any modification to a previous order, for involuntary commitment issued by a judge of probate or a circuit judge into the database.
Relating to notary publics, SB-322: 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; and specifies the acts of a notary or other individual that constitute a crime.
Related to automobile licensing, HB-179: Provides for the distribution of proceeds of sales of emergency medical personnel distinctive motor vehicle license plates to emergency medical services providers as follows: 50 percent to the Alabama Association of Ambulance Services and 50 percent to the Alabama Emergency Medical Services Association.
HB-211: Amends sections 32-6-250 and 32-6-251, to add the Air Medal to the list of military awards eligible to be commemorated on a distinctive permanent license plate.
HB-210: Automobile licensing, mandatory liability insurance, military personnel: An individual on U.S. Armed Forces active duty whose motor vehicle is registered in this state but who is required to reside in another state as a result of his or her military duty during the registration period, may satisfy the MLI requirements by purchasing and providing proof of liability coverage meeting Alabama requirements in the state where he/she is residing on active military. An individual’s purchase of liability coverage under this subsection shall not invalidate his or her license or registration in this state.
Related to public notices, SB-71: Allows counties and municipalities to provide alternative virtual or electronic methods for the posting of certain public notices that are required by law.
Not related to probate offices, but related to children and could impact you: Related to crimes and offenses, HB-3: Makes it unlawful for a person to smoke a tobacco product or vape in an enclosed motor vehicle when a child 14 years of age or younger is present in the enclosed motor vehicle. This applies to all motor vehicles and whether the motor vehicle is in motion or at rest, or whether the windows of the motor vehicle are open or closed. The penalty for such violation is punishable by a fine not exceeding $100 for each violation.
This is a limited list of the bills sent to the governor. I selected the bills most affecting our offices, except for HB-3. Hopefully you will find this list informative. Until next month, stay safe in your summer activities.
