19-3D-4
Section 19-3D-4 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. FIDUCIARY DUTY. (a)
In exercising the decanting power, an authorized fiduciary shall act in accordance with its
fiduciary duties, including the duty to act in accordance with the purposes of the first trust.
(b) This chapter does not create or imply a duty to consider or exercise the decanting power
or to inform beneficiaries about the applicability of this chapter. (c) Except as otherwise
provided in a first-trust instrument, for purposes of this chapter and Sections 19-3B-801
and 19-3B-802(a), the terms of the first trust are deemed to include the decanting power.
(Act 2018-519, §4.)...
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19-3D-6
Section 19-3D-6 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. REASONABLE RELIANCE.
A trustee or other person that reasonably relies on the validity of a distribution of part
or all of the property of a trust to another trust, or a modification of a trust, under this
chapter, laws of this state other than this chapter, or the law of another jurisdiction is
not liable to any person for any action or failure to act as a result of the reliance. (Act
2018-519, §6.)...
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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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19-3D-8
Section 19-3D-8 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. REPRESENTATION. (a)
Notice to a person with authority to represent and bind another person under a first-trust
instrument or Chapter 3B (commencing with Section 19-3B-101) of this title, has the same effect
as notice given directly to the person represented. (b) Consent of or waiver by a person with
authority to represent and bind another person under a first-trust instrument or Chapter 3B
(commencing with Section 19-3B-101) of this title, is binding on the person represented unless
the person represented objects to the representation before the consent or waiver otherwise
would become effective. (c) A person with authority to represent and bind another person under
a first-trust instrument or Chapter 3B (commencing with Section 19-3B-101) of this title,
may file an application under Section 19-3D-9 on behalf of the...
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19-3D-9
Section 19-3D-9 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. COURT INVOLVEMENT.
(a) On application of an authorized fiduciary, a person entitled to notice under Section 19-3D-7
(c), a beneficiary, or with respect to a charitable interest that is not entirely held by
or for the benefit of one or more identified and existing charitable organizations, the Attorney
General or other person that has standing to enforce the charitable interest, the court may:
(1) provide instructions to the authorized fiduciary regarding whether a proposed exercise
of the decanting power is permitted under this chapter and consistent with the fiduciary duties
of the authorized fiduciary; (2) appoint a special fiduciary and authorize the special fiduciary
to determine whether the decanting power should be exercised under this chapter and to exercise
the decanting power; (3) approve an exercise of the...
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22-18-62
Section 22-18-62 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE APRIL 6, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. Beginning October 1,
2018, the member institutions of the ACCS, the Fire College, and the University of South Alabama
may enter into contracts with new students seeking to obtain certification as an EMSP. (Act
2018-524, §3.)...
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22-18-63
Section 22-18-63 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE APRIL 6, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) The tuition reimbursement
program is subject to direct appropriations from the Education Trust Fund. (b) Any monies
appropriated for the program that are unexpended at the end of a fiscal year shall not revert,
but shall be carried forward for use of the program in the next fiscal year. (Act 2018-524,
§4.)...
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22-27-60
Section 22-27-60 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2019 REGULAR SESSION,
EFFECTIVE SEPTEMBER 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. As used in this article,
the following terms shall have the following meanings: (1) LENDER. A person who holds a mortgage,
lien, deed of trust, or other security interest in property. The term includes an assignee,
receiver, or other transferee of the interest. (2) RESIDENTIAL REAL PROPERTY. Any of the following:
a. A single-family house. b. A duplex, triplex, or quadraplex. c. A unit in a multi-unit residential
structure in which title to an individual unit is transferred to the owner of the unit under
a condominium or cooperative system. (Act 2019-460, §1.)...
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22-27-61
Section 22-27-61 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2019 REGULAR SESSION,
EFFECTIVE SEPTEMBER 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) If a claim under
an insurance policy for damage to residential real property is paid to the insured and a lender,
and the lender holds all or part of the proceeds from the insurance claim payment pending
completion of all or part of the repairs to the property, the lender shall notify the insured
of each requirement with which the insured must comply for the lender to release the insurance
proceeds. (b) The notice required under this section must be provided no later than 14 days
after the date the lender receives payment of the insurance proceeds. (Act 2019-460, §2.)...

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22-27-63
Section 22-27-63 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2019 REGULAR SESSION,
EFFECTIVE SEPTEMBER 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. A lender who fails
to provide notice as required by Section 27-22-61 or Section 27-22-62 or to release insurance
proceeds as required by Section 27-22-62 shall pay to the insured interest at the rate of
10 percent per year on the proceeds held by the lender. (Act 2019-460, §4.)...
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