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19-3D-21
Section 19-3D-21 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. NEED TO DISTRIBUTE
NOT REQUIRED. An authorized fiduciary may exercise the decanting power whether or not under
the first trust's discretionary distribution standard the fiduciary would have made or could
have been compelled to make a discretionary distribution of principal at the time of the exercise.
(Act 2018-519, §21.)...
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19-3D-10
Section 19-3D-10 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. FORMALITIES. An exercise
of the decanting power must be made in a record signed by an authorized fiduciary. The signed
record must, directly or by reference to the notice required by Section 19-3D-7, identify
the first trust and the second trust or trusts and state the property of the first trust being
distributed to each second trust and the property, if any, that remains in the first trust.
(Act 2018-519, §10.)...
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19-3D-13
Section 19-3D-13 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. TRUST FOR BENEFICIARY
WITH DISABILITY. (a) In this section the following terms have the following meanings: (1)
BENEFICIARY WITH A DISABILITY. A beneficiary of a first trust who the authorized fiduciary
believes may qualify for governmental benefits based on disability, whether or not the beneficiary
currently receives those benefits or is an individual who has been adjudicated incompetent
or incapacitated. (2) GOVERNMENTAL BENEFITS. Financial aid or services from a state, federal,
or other public agency. (3) SPECIAL-NEEDS FIDUCIARY. With respect to a trust that has a beneficiary
with a disability: (A) a trustee or other fiduciary, other than a settlor, that has discretion
to distribute part or all of the principal of a first trust to one or more current beneficiaries;
(B) if no trustee or fiduciary has discretion under...
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19-3D-22
Section 19-3D-22 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. SAVING PROVISION. (a)
If exercise of the decanting power would be effective under this chapter except that the second-trust
instrument in part does not comply with this chapter, the exercise of the power is effective
and the following rules apply with respect to the principal of the second trust attributable
to the exercise of the power: (1) A provision in the second-trust instrument which is not
permitted under this chapter is void to the extent necessary to comply with this chapter.
(2) A provision required by this chapter to be in the second-trust instrument which is not
contained in the instrument is deemed to be included in the instrument to the extent necessary
to comply with this chapter. (b) If a trustee or other fiduciary of a second trust determines
that subsection (a) applies to a prior exercise of the...
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19-3D-7
Section 19-3D-7 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. NOTICE; EXERCISE OF
DECANTING POWER. (a) In this section, a notice period begins on the day notice is given under
subsection (c) and ends 59 days after the day notice is given. (b) Except as otherwise provided
in this chapter, an authorized fiduciary may exercise the decanting power without the consent
of any person and without court approval. (c) Except as otherwise provided in subsection (f),
an authorized fiduciary shall not exercise the decanting power prior to 60 days after giving
record notice of the intended exercise of the decanting power to: (1) each settlor of the
first trust, if living or then in existence; (2) each qualified beneficiary of the first trust;
(3) each holder of a presently exercisable power of appointment over any part or all of the
first trust; (4) each person that currently has the right to...
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22-11F-3
Section 22-11F-3 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE UPON ADOPTION OF RULES BY THE DEPARTMENT OF PUBLIC HEALTH. THIS IS NOT IN THE CURRENT
CODE SUPPLEMENT. (a) Any youth athletics association that sponsors or conducts sports training
or high risk youth athletic activities for children age 14 years and younger shall require
all coaches and athletics personnel to complete an online or residence course approved by
the Department of Public Health, if available at no cost, which provides information and awareness
of actions and measures that may be used to decrease the likelihood that a youth athlete will
sustain a serious injury while engaged or participating in a high risk youth athletic activity.
(b) Any youth injury mitigation and information course required to be taken by a coach or
athletics personnel under this section, at a minimum, shall provide information on the following
subjects: (1) Emergency preparedness, planning, and...
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30-1-21
Section 30-1-21 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2019 REGULAR SESSION,
EFFECTIVE AUGUST 29, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) On August 29, 2019
and thereafter, the only requirement for a marriage in this state shall be for parties who
are otherwise legally authorized to be married to enter into a marriage as provided in this
section. However, the judge of probate shall continue to collect the recording fee provided
for in subdivision (32) of subsection (b) of Section 12-19-90 for each marriage recorded with
the judge of probate. Furthermore, at the time the marriage is recorded, the judge of probate
shall also collect the fee provided for in Section 30-6-11 to be distributed as provided in
that section. (b) The marriage document required to be executed by the parties shall contain
information to identify the parties as set forth in Section 22-9A-6, as well as the following
minimum information: (1) The full legal names of both of the...
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45-14-244-07
Section 45-14-244-07 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2017 REGULAR
SESSION, EFFECTIVE OCTOBER 1, 2017. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) The proceeds
from the tobacco tax authorized in Clay County pursuant to Section 45-14-244, and as further
provided for in Sections 45-14-244.01 to 45-14-244.03, inclusive, and Section 45-14-244.06,
less two percent of the actual cost of collection, which shall be retained by the Department
of Revenue, shall be distributed to the Clay County General Fund to be expended as follows:
(1) Thirty-two percent to the Alabama Forestry Commission to be utilized for fire protection
in the county, as provided in subsection (b). (2) Twenty percent to the Clay County Industrial
Development Council. (3) Eighteen percent to the Clay County Animal Shelter. The Clay County
Animal Shelter shall annually report to the county commission regarding the expenditure of
the funds in the preceding year. (4) Fifteen percent to the Clay...
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11-51-212
Section 11-51-212 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE MARCH 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. No later than October
1, 2018, the Department of Revenue shall send notice to every county or municipality levying
a sales, use, rental, or lodgings tax regarding the rates of such taxes according to the records
held by the department. Each county and municipality shall notify the department of an existing
erroneous rate published by the department no later than December 1, 2018. The county or municipality
notifying the department of such rate error shall send written confirmation, on county or
municipal letterhead, to the department listing the erroneous rate published by the department
and the corrected rate along with supporting ordinances, resolutions, or documentation. If
the county or municipality fails to respond to the department regarding an erroneously published
rate pursuant to this section, the taxpayer shall...
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24-11-9
Section 24-11-9 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE MARCH 28, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. Department of Revenue;
Forms. The Department of Revenue shall adopt forms for the following: (1) The designation
of an account with a financial institution to serve as a first-time and second chance home
buyer savings account. (2) An account holder to annually submit to the Department of Revenue
detailed information regarding the first-time and second chance home buyer savings account,
including, but not limited to, a list of transactions for the account during the tax year
and identifying any supporting documentation required to be maintained by the account holder.
(Act 2018-467, §9.)...
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