HB594 Alabama 2019 Session

Summary

Primary Sponsor

Corley Ellis Representative

Republican

Session

Regular Session 2019

Title

Consumer Protection, Alabama State of Emergency Consumer Protection Act, enhanced criminal penalties provided under certain conditions, Secs. 13A-9-114, 34-8-6, 34-14A-14, 34-31-32, 34-36-16, 34-37-17 am'd.

Description

Under existing law, a person who provides services for any of the following without a license as required by law is guilty of a Class A misdemeanor: General contracting services; residential homebuilding services; heating, air conditioning, or refrigeration contracting services; electrical contracting services; plumbing, gas fitting, or medical gas pipe fitting services; and home repair services.

This bill would provide that if a person provides any of these services on a residential or commercial structure that was damaged or otherwise in need of repair or services because of an event for which the Governor declared a state of emergency, the person would be guilty of a Class C felony.

This bill would also specify that the provisions of the bill do not apply to charitable cleanup or repair services for which no license is required and for which no fee is charged.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

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Subjects

Consumers and Consumer Protection