HB194 Alabama 2020 Session

Summary

Primary Sponsor

Matt SimpsonRepresentative

Republican

Session

Regular Session 2020

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.

Summary

HB 194 creates a state emergency consumer protection framework that criminalizes unlicensed home repair work on emergency-damaged properties and strengthens licensing enforcement for home builders and trades.

What This Bill Does

It adds a new crime called aggravated home repair fraud for unlicensed contractors who repair emergency-damaged properties, with a set of deceptive practices, and makes it a Class C felony. It raises penalties and expands enforcement for residential home builders, certified contractors, electricians, plumbers, and gas/medical gas fitters, including fines, stop-work orders, cease-and-desist orders, injunctions, and potential license suspension or revoked certificates. It provides an exemption for charitable cleanup or repair services that do not require a license and do not charge fees. It also notes that the bill’s local-funding implications are exempt from Amendment 621 because it creates a new crime.

Who It Affects

• Unlicensed home repair contractors working on emergency-damaged properties would face aggravated home repair fraud charges (Class C felony) and related licensing/enforcement actions.
• Homeowners and consumers seeking emergency repairs would be protected by strengthened penalties against deceptive practices and by tighter licensing and enforcement for contractors.

Key Provisions

• Creates aggravated home repair fraud (13A-9-111.1) with specific deceptive practices (misrepresentation of contract terms or property condition, false promises, concealment of identity, coercion to modify terms, license violations) and damages-based scenarios, punishable as a Class C felony.
• Charitable cleanup or repair services that do not require a license and do not charge a fee are exempt from the bill.
• Amends 13A-9-114 to make a first conviction a Class A misdemeanor and a second or subsequent conviction a Class C felony.
• Amends 34-14A-14 to restrict residential home building to licensed builders, allow the board to issue cease notices, impose fines up to $5,000 per violation, and enable enforcement actions including complaints and temporary or permanent injunctions.
• Amends 34-31-32 to address certified contractors with penalties for late renewals, potential revocation of certification for substandard work, and fines up to $2,000 per violation; authorizes cease and desist orders and injunctions.
• Amends 34-36-16 to prohibit unlicensed electrical contracting and establish penalties for violations.
• Amends 34-37-17 to empower the board to discipline or fine plumbers, gas fitters, or medical gas pipe fitters, with cease and desist authority and penalties up to $2,000 per violation.
• Effective date: the act becomes law on the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Consumers and Consumer Protection