HB495 Alabama 2019 Session

Summary

Primary Sponsor

Gil Isbell

Republican

Session

Regular Session 2019

Title

State Board of Auctioneers, qualifications for licensure, annual single use auction license, inactive licenses, reciprocal licensing of apprentice auctioneer prohibited, conduct of auctions without a license, disciplinary actions pursuant to APA, board membership and meetings, Secs. 34-4-21, 34-4-23, 34-4-25, 34-4-27, 34-4-28, 34-4-29, 34-4-30, 34-4-31, 34-4-33, 34-4-50, 34-4-52 am'd.

Summary

HB 495 overhauls Alabama's State Board of Auctioneers by tightening licensure, adding a one-year nonresident license option, ending apprentice reciprocity, creating inactive licenses, tightening auction conduct rules, and strengthening board enforcement and governance.

What This Bill Does

It tightens qualification requirements for auctioneer licensure, adds a process for a single annual nonresident license with financial assurances, and prohibits reciprocal licensing for apprentices. It expands rules on conducting auctions without a license, including how auction companies must operate, how funds are handled, and how advertising must display license information. It gives the Board greater enforcement powers (investigator, hearings, fines, injunctions) and updates board governance (membership, meetings, accountability) while repealing a prior registrar requirement.

Who It Affects

• Auctioneers, apprentice auctioneers, auction companies, and auction owners/consignors in Alabama who must meet new education, experience, and background rules; pay new or adjusted fees; may use inactive status; and follow stricter auction conduct, advertising, and recordkeeping requirements.
• The State Board of Auctioneers and the Governor, who gain expanded regulatory authority, oversight duties, investigation capabilities, and revised governance rules, including board composition, meetings, and accountability.

Key Provisions

• Raises licensure qualifications for auctioneers and apprentices, including age, required coursework (85+ hours), apprenticeship duration, number of auctions, and background/ethics disclosures.
• Allows a nonresident individual or out-of-state auction company to obtain a single annual auction license after meeting specified criteria, including a $10,000 bond or equivalent financial responsibility, no pending actions, and proof of good standing.
• Prohibits reciprocal licensing for apprentice auctioneers and sets conditions for reciprocal licensing for other licenses with board-approved fees and requirements.
• Imposes strict conduct requirements for auctions (escrow/trust accounts, written contracts with owners, full closing statements within 30 days, display of license numbers in advertising, and five-year recordkeeping) and permits sanctions for noncompliance.
• Enhances disciplinary tools: the board can revoke/suspend licenses for a range of misconduct (misrepresentation, improper funds handling, fraud, moral turpitude, violation of rules, etc.) and may impose fines up to $2,500 per violation; may seek injunctions.
• Authorizes investigations, hearings, and appeals under the Alabama Administrative Procedure Act; allows costs of appeals and sets related procedures and bonds.
• Reforms board governance: seven auctioneer members plus one consumer member, with terms, diversity requirements, officer structure, per diem, and authority to hire staff and an investigator; board is accountable to the Governor and subject to removal for specified reasons.
• Repeals the requirement to maintain a separate register of applicants (34-4-22).
• Effective date: the act becomes law on the first day of the third month after passage.

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

Subjects

Boards and Commissions