The 2023 regular legislative session is over a month behind us. Your Alabama REALTORS® reported on many of the new real estate-related acts during the session here but would like to highlight several other new laws that you may have missed.
 

• Cell Phone Driving Ban: Act Number 2023-478 prohibits holding or physically operating a cell phone or other electronic device while driving. The new law specifically allows using voice-based communication tools and navigational tools, as long as the physical touch of the device is limited to a swipe or single button tap. Violations can only occur if law enforcement sees the driver swerving in and out of a lane, running a red light or stop sign, or another driving violation. Until June 14, 2024, any violation will only result in a warning.
• Changes to Notary Laws: There were several updates to notary public laws, including an increase in the amount a notary can charge (from $5 to $10), an increase in the bond amount, training for new notaries, and additional criminal acts and increased penalties for violations. The new law, Act No. 2023-548, continues to place authority over notary publics with probate judges. The code provisions allowing remote notarization remain unchanged. To read the new law, click here.
• Health Care Visitation: One new law responds to visitation limitations during the COVID-19 pandemic and requires hospitals and nursing homes to allow in-person visitations, even during an ongoing pandemic. Specifically, Act No. 2023-24 requires health care facilities to allow in-person visitation in end-of-life situations and if the patient is struggling with the lack of in-person family support.
• Overtime Tax Repeal: The Legislature passed a tax cut by repealing income taxes on overtime pay. Act No. 2023-421 will allow employees who receive overtime pay to exclude the pay from the 5% sales tax for 2024 only. Employers are required to report overtime pay and employees receiving it to the Alabama Department of Revenue.
• DRAM Shop Act Reform: The law establishing a liability standard for anyone who serves, sells, or furnishes alcoholic beverages to another person was changed this year. The amended law decreases the risk of liability by adding a knowledge and a causation element. In other words, to be held liable, a server will now have to knowingly serve a visibly intoxicated person and that service of alcohol must proximately cause an injury or death. You can read the new law here.