Legislative Wrap-Up, 0717 ALBJ, 78 The Alabama Lawyer 300 (2017)
| Author | Othni J. Lathram, J. |
Othni J. Lathram, J.
For more information about the institute, visit www.ali.state.al.us.
On May 19, 2017, the Alabama Legislature adjourned sine die, bringing to a close what had been a tumultuous session. While there are significant issues that need to be addressed every year, 2017 was a particularly straining one. First, the house of representatives was entering its first regular session under the leadership of a new speaker. Second, the legislature came into session with the cloud of impeachment proceedings looming against Governor Bentley. Third, the state was under the obligation to address state legislative redistricting after the federal judiciary had ruled a number of districts to be unconstitutional. Finally, the budgets, while enjoying a year of relative stability, needed to be considered with an eye to the future.
Despite these challenges, the legislature was able to address and pass many pieces of significant legislation. In a departure from my normal post-session wrap-up columns, I am going to break this year’s installment into two segments. In this first piece I will cover Law Institute bills that were passed, as well as the reorganization of the legislative staff agencies, and in the September edition I will cover all other legislation of note.
Alabama Law Institute Legislation
Revised Uniform Fiduciary Access to Digital Assets Act (Act 2017-316)
Representative Juandalynn Givan and Senator Cam Ward
The Revised Uniform Fiduciary Access to Digital Assets Act (Revised UFADAA) modernizes fiduciary law to accommodate our digital lives. Nearly everyone now has digital assets, such as documents, photographs, email and social media accounts. Often, fiduciaries are prevented from accessing those accounts by various means of protection or restrictive terms of service. While digital assets may have value, both monetary and sentimental, they also present novel privacy concerns. The UFADAA provides legal authority for fiduciaries to manage digital assets in accordance with the user’s estate plan, while protecting a user’s private communications from unwarranted disclosure. A detailed explanation of this act as it was proposed appeared in the March edition of The Alabama Lawyer.
Alimony Amendments (Act 2017-164)
Representative Mike Jones and Senator Linda Coleman-Madison
Years of competing alimony...
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