Legislative Wrap-Up, 0920 ALBJ, Vol. 81 No. 5 Pg. 376 (September, 2020)

PositionVol. 81 5 Pg. 376

LEGISLATIVE WRAP-UP

No. Vol. 81 No. 5 Pg. 376

Alabama Bar Lawyer

September, 2020

Othni J. Lathram Director, Legislative Services Agency

olathram @ Isa state.al.us

For more information, visit www.lsa.alabama.gov.

Caleb Hindman

Attorney, Legislative Services Agency

chornsby@law.ua.edu

2020 Legislative Recap

This month's column covers noteworthy legislation passed during the 2020 Regular Legislative Session. The first couple months of this session were quite active as always, with 856 bills introduced. Although the legislature's activities were hampered due to the COVID-19 pandemic that seized the state, lawmakers were able to work remotely and returned to the statehouse in May to pass both of the budgets and a large amount of local legislation before adjourning sine die. In all, there were 206 acts, including bills and resolutions. This article will cover select general acts and proposed constitutional amendments that are most likely to be encountered by practitioners around the state. Summaries of all of the general acts and proposed constitutional amendments can be found at http://isa.state.al.us under the Legal Division Publications.

Business Law

Alabama Business and Nonprofit Entities Code (Act 2020-73, HB2O2)

Representative Bill Poole

This act substantially revises the Alabama Business and Nonprofit Entities Code to: (1) allow business corporations to elect to become benefit corporations; (2) allow electronic business entity filings with the secretary of state; (3) reduce the number of filings currently necessary through county probate judges; (4) establish certain basic standards for all filing instruments to allow for easier electronic transmissions; (5) revise the business entity filing fee schedule; (6) provide a mechanism for the secretary of state to reject certain filing instruments not accompanied by full payment; (7) clarify requirements of certificates of existence for entities; and (8) clarify that volunteer partners, managers, members, governing persons, and other members of a governing authority are considered officers of a qualifying nonprofit entity, thereby recognizing that there are nonprofit partnerships, nonprofit limited partnerships, and nonprofit limited liability companies. Effective: January 1, 2021

Mental Health Law

The Missing and Endangered Persons Alert Act (Act 2020-40, SB12)

Senator Rodger Smitherman

This act provides that an alert shall be activated when a person is reported missing and the person is living with a...

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