SB100 Alabama 2017 Session

Updated Feb 27, 2026

Notable

Summary

Primary Sponsor: J.T. WaggonerSenator
Republican
Session: Regular Session 2017
Title: Real Estate Commission, rule making authority clarified, Sec. 34-27-8.1added
Summary: SB100 lets the Alabama Real Estate Commission make rules that prioritize consumer protection in real estate, even if those rules reduce competition, and protects the Commission from antitrust liability for doing so.
What This Bill Does
It adds a new section clarifying that the Real Estate Commission can regulate licensing in ways that prioritize consumer protection, even if the rule is anti-competitive. It provides immunity from state and federal antitrust liability for the Commission and its members when adopting such rules. Rules may supplement or clarify existing definitions but cannot conflict with licensing statutes. It becomes effective immediately after the Governor approves it.

Who It Affects
Alabama Real Estate Commission and its members: gain explicit authority to adopt consumer-protection–focused rules even if those rules are anti-competitive, and are immunized from antitrust liability for those rules.
Real estate licensees (brokers and salespersons) and real estate consumers in Alabama: affected by new or clarified rules that prioritize consumer protection, potentially influencing licensing standards and real estate practices.

Key Provisions
Adds Section 34-27-8.1 to clarify that the Commission may adopt rules under Section 34-27-8 that prioritize consumer protection in real estate transactions, even if the rule is anti-competitive.
Provides immunity from state and federal antitrust liability for the Commission and its members for adopting such consumer-protection–prioritizing rules.
Rules may supplement or clarify existing statutory definitions but must not conflict with statutes that require licensing.
Section 2 states the act does not expand rights beyond the Supreme Court ruling in North Carolina State Board of Dental Examiners v. FTC.
Section 3 states the act does not expand the Commission's duties or antitrust immunity beyond what existed prior to the same Supreme Court ruling.
Section 4 provides that the act becomes effective immediately after the Governor signs it.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Real Estate Commission