Several new state laws took effect yesterday
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By Christa Jennings
Senior Staff Writer
More than a dozen new state laws went into effect yesterday, updating rules for public health, animal welfare, road safety, utility billing, and more.
One of the most talked about new laws is Beau’s Law, named after a dog rescued by the Greater Birmingham Humane Society after being found chained and shivering in the snow in a Birmingham backyard, balancing on an overturned planter, during a severe winter snowstorm.
A video of Beau’s ordeal went viral, and he survived the weather, was nursed back to health and was successfully adopted into a home where he now lives indoors.
Inspired by Beau’s rescue, Senate Bill 361 was sponsored by Alabama Senate President Pro Tem Garlan Gudger and Rep. Phillip Ensler to establish statewide standards for outdoor dog care and tethering. It is the first pet protection law that has passed in the state in 26 years.
The new law does not ban keeping dogs outside or completely prohibit tethering. Instead, it establishes rules for how dogs may be confined or tethered safely and humanely and requires owners to provide basic care.
Dogs kept outside must have access to adequate food and water; proper shelter; shade and protection from the weather; bedding during cold weather, as necessary; and a clean area that is free of debris, standing water and accumulated waste.
These requirements include fresh clean drinking water, and outdoor shelters must have a roof, walls and a solid floor, with sufficient room for the dog or dogs to stand, turn around, lie down, and stretch comfortably. Additionally, the shelter must be fully enclosed with an opening for the dog to enter and exit and have adequate ventilation, and the dog must have unlimited access to the shelter.
Beau’s Law also includes important changes and restrictions for tethering dogs. Under the new law, a dog may no longer simply be chained or tied to a stationary object such as a tree, pole, or stake.
When the law applies, tethering to any stationary object must be done through a trolley system that meets the requirements.
Such requirements include that the tether must be appropriate for the dog’s weight; attach to a properly fitted collar or harness that does not restrict breathing or swallowing; have a swivel on both ends to help prevent tangling; be connected to only one dog; keep the dog on the owner’s property; be positioned so the dog cannot become tangled, injured, or strangled; and allow continuous access to food, water and proper shelter.
Logging chains, choke collars and pinch collars cannot be used to tether a dog, according to the new law.
Additionally, dogs kept in outdoor enclosures must be in a secure fully-fenced enclosure with adequate room to move freely while still having continuous access to food, water and proper shelter.
Violations of Beau’s Law can carry escalating criminal misdemeanor penalties and fines. A first violation is classified as a Class C misdemeanor, punishable by up to 90 days in jail and a fine of up to $500.
A second violation is classified as a Class B misdemeanor, punishable by up to six months in jail and a fine of up to $3,000. Third or subsequent violations will be classified as a Class A misdemeanor, punishable by up to one year in jail and a fine up to $6,000.
Additionally, violators may be ordered to pay the full cost of any required boarding, veterinary care, or medical treatment the affected dog or dogs may need.
Law enforcement and animal control officers also have the authority to intervene and temporarily or even permanently remove a dog if there is probable cause that it is in life-threatening danger.
While many agree that Beau’s Law brings needed changes to help protect dogs, some law enforcement officials have also raised concerns about resources needed to investigate and enforce new requirements, but Sheriff Michael Howell says that locally his office will do everything it can to educate the public and enforce the new law as needed.
Howell said, “As your sheriff, I support Alabama’s new Beau’s Law and its effort to ensure that dogs are provided adequate food, clean water, proper shelter, and safe conditions.
Responsible animal ownership is an important responsibility. Beau’s Law provides clear standards for protecting animals from neglect while allowing responsible pet owners to continue caring for their animals as they always have.”
Howell added, “Our deputies will work to educate the public about the new law and enforce it fairly and appropriately. Ultimately, this law is about accountability and ensuring that animals are treated humanely and responsibly. If I can ever be of assistance to you please feel free to give me a call.”
There are also several exceptions and circumstances in which the new requirements do not apply in the same manner. Those include certain veterinary practices, boarding kennels, animal shelters, service or assistance dogs, temporary exhibitions and events, lawful training activities, licensed grooming facilities, walking a dog on a leash, certain temporary circumstances, and certain USDA-licensed commercial breeders.
Additionally, there are also exceptions for dogs being trained or used for genuine agricultural, herding, hunting, or retrieving purposes; dogs temporarily tethered or confined near a place of business while their owner is there; and temporary tethering or confinement at campsites, recreational areas, or residences when done for a reasonable amount of time considering the weather.
Beau’s Law allows for a governing body to appoint animal control officers to investigate alleged violations, and an investigating officer does not have to be a certified law enforcement officer. However, only certified law enforcement officers can take any actual enforcement actions.
Another new law adds electronic nicotine delivery systems to the existing Alabama Clean Indoor Air Act, renamed as the Vivian Davis Figures and Barbara Drummond Clean Indoor Air Act, which prohibits smoking in most enclosed public spaces.
These means that as of yesterday electronic cigarettes, vaping devices and other electronic nicotine delivery systems fall under the same act, establishing that vaping is now also prohibited in locations covered by the original Clean Indoor Air Act where smoking is prohibited. This includes health facilities, educational facilities, workplaces, airports, stores, governmental buildings, and more.
Those who violate the indoor vaping ban will face a $25 fine.
Separate from that law, another new change affects those who use vaping products as a vapor products tax went into effect yesterday.
The new state excise tax on consumable vapor products came about under Act 2025-377, which levies a state excise tax of 10 cents per milliliter on all consumable vapor products sold at wholesale or imported into Alabama for use, consumption, or retail sale.
Businesses that sell consumable vaping products must also obtain a Vapor Products Tax License from the Alabama Department of Revenue.
Another new law that went into effect yesterday is House Bill 41, the Child Predatory Death Penalty Act, which makes first-degree rape, first-degree sodomy and sexual torture involving a victim under the age of 12 a capital offense eligible for the death penalty.
The Senate sponsor, Sen. April Weaver, has stated that she was moved to act after sexual crimes against numerous children came to light last year in Bibb County.
However, Attorney General Steve Marshall and others have said that the new law could face constitutional challenges regarding U.S. Supreme Court precedents, specifically the Supreme Court ruling in Kennedy vs. Louisiana, on capital punishment for non-lethal crimes against children.
The Alabama Property Protection Act also took effect yesterday, targeting seller-impersonation schemes. Senate Bill 292 creates additional protections against seller impersonation and fraudulent real-estate transactions, including verification procedures, criminal penalties and legal remedies.
The new law created a process for reporting and investigating potential property fraud, including recovery options for victims, and increases the criminal penalties for fraudulent sales.
This law carries penalties and fines as Class D or C felonies for those breaking the law, depending on specific situations or circumstances.
An overview of other new laws that went into effect yesterday:
- House Bill 42, towed and unclaimed vehicles: Allows for a towed, abandoned, or unclaimed vehicle to be reported to the Alabama Department of Revenue immediately rather than requiring a five-day wait.
- Senate Bill 154 provides a 2% cost-of-living salary increase for eligible state employees and a longevity bonus for retirees, effective for the fiscal year starting October 1. Certain exceptions do apply.
- Trey’s Law (Senate Bill 30) will void any nondisclosure, employment, or settlement agreement that prohibits disclosing sexual abuse or related facts. According to the law’s text, it applies only to agreement elements related to sexual abuse, not other aspects including compensation, and covers any agreement entered into, executed, or amended after October 1. The legislation for this law was inspired by Trey Carlock of Texas who was sexually abused as a child at a sports camp and later committed suicide.
- David Rooney and John Wesley Holt Safe Streets Act (SB169) strengthens penalties and restitution provisions involving fatal or seriously injurious impaired driving and hit-and-run cases. The new act reportedly corrects inconsistencies in state law relating to driving under the influence and leaving crash scenes and also allows courts to order restitution for victims when drivers illegally leave crash scenes, as well as strengthens penalties for drivers who flee crashes involving serious injury or death.
- David McElhaney-Roy S. Johnson Prostate Cancer Prevention Act: A new law that requires insurance companies to cover prostate cancer screening at no cost for men who are at high risk for the disease. Screening procedures covered under the new law include, at minimum, a prostate-specific antigen, or PSA, blood test and a digital rectal examination. Insurers are required to cover screening for men over 50 years old at no cost, and men over 40 years old who are at high risk are also covered at no cost. Criteria that define high risk are defined in the bill as Black men of any age; men who have a father, brother, or son who have been diagnosed with prostate cancer, died of the disease, or received a cancer diagnoses associated with a higher risk of prostate cancer; or those who carry a genetic marker known to be associated with an increased risk of prostate cancer.
- House Bill 300, a new breast cancer screening law, requires health insurance plans to pay or reimburse for breast examinations, including mammography, without imposing a deductible, copayment, or coinsurance charge. Services included are diagnostic mammograms, MRIs, ultrasounds, and molecular imaging, with the target being follow-up tests needed after an abnormal routine mammogram or other detected abnormality.
- SB149, military veteran temporary teaching certificate: This new law creates a temporary teaching pathway for eligible veterans who meet specific requirements, allowing veterans to teach in public schools with a temporary certificate valid for five years. To be eligible veterans must serve four years on active duty and have at least 60 hours of college credit with a minimum 2.5 grade point average, though a degree is not required. They must also clear a criminal background check and be recommended by a local superintendent or private school administrator.
- HB98, law-enforcement family scholarship: This act creates scholarships for eligible spouses and children of qualifying long-term law enforcement officers, and a specialty blackout license plate will help fund the program.
- HB405, electronic-monitoring violations: This new law created the offense of third-degree bail jumping, a Class C misdemeanor, for violating a condition of court-ordered electronic monitoring after release from custody. The law also provides defenses for violations that were unintentional, unavoidable, or beyond the individual’s control.
- Highway Safety and Fairness Act (SB242) requires certain foreign commercial drivers to possess proper U.S. work or entry documentation and also requires commercial vehicle operators to meet federal English-language proficiency standards.
- The Gulf of America Act states that, beginning yesterday, all state and local entities and their employees are required to use President Donald Trump’s Gulf of America name on newly created maps, documents, educational materials, websites, official communications, and other resources. The new law further states that state and local entities should make reasonable efforts to update such materials where practicable. The bill reflects that the updates are not required, however, if they impose an operational or financial cost, and the name change also does not prohibit a public school or college from using the term Gulf of Mexico within a larger course of academic instruction when reasonable for historical purposes, according to the text of the bill.
- SB203, sex-offense and child-protection revisions: This act revises and expands state criminal laws regarding sex offenses, electronic solicitation and grooming of children, sex-offender requirements, victims, and mandatory child-abuse reporting, establishing new offenses and broadening protections for additional victims.
While this article provides an overview of several of the state’s new laws that went into effect yesterday, there are more new laws that went into effect, as well. Those interested in reading the full texts of any of these new laws or other state acts and bills can do so via the Alabama Legislature’s ALISON system, with the database being accessible online at https://alison.legislature.state.al.us/acts.
