SB146 Alabama 2020 Session

Summary

Primary Sponsor

Randy PriceSenator

Republican

Session

Regular Session 2020

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

SB 146 overhauls Alabama's State Board of Auctioneers by tightening licensure, creating an annual single use license for nonresidents, adding inactive status, removing residency requirements, strengthening auction conduct rules, expanding disciplinary tools, and reorganizing board governance.

What This Bill Does

It updates licensure requirements for auctioneers and apprentice auctioneers, including age minimums, education or apprenticeship, and continuing education. It creates a new option for a single annual license for nonresidents or out-of-state licensees, with a bond or financial responsibility requirement and other eligibility conditions. It removes residency requirements for licensure and adds detailed rules for conducting auctions without a license, for auction companies, and for licensees in advertising, contracts, and record keeping. It expands the board's enforcement powers with investigations, complaints, hearings under the Alabama Administrative Procedure Act, fines, injunctions, and an appeals process, and it reorganizes board membership, duties, and reporting to the Governor.

Who It Affects

• Auctioneers and apprentice auctioneers in Alabama will face new qualification standards, mandatory continuing education, opportunities for inactive status and restoration, and updated reporting duties to the board.
• Nonresident auctioneers and out-of-state auction companies seeking licensure in Alabama can obtain a single annual license if they meet specified criteria and provide/maintain a $10,000 bond or equivalent financial responsibility, along with other eligibility requirements.

Key Provisions

• Amends 34-4-21: sets age requirements (auctioneer 19+, apprentice 18+), requires prescribed education or apprenticeship, and requires at least 85 hours of classroom instruction plus a sponsor recommendation; allows substitution with extended apprenticeship if not from an approved school.
• Adds 34-4-21: authorizes a single annual license for nonresidents or out-of-state auction firms, with criteria including good standing, no prior license in Alabama, no disciplinary actions, and a $10,000 financial bond or irrevocable letter of credit.
• Requires continuing education for license renewal with exemptions for those aged 65 and older; licenses expire September 30 and may be renewed with fees and limited late renewal penalties.
• Creates inactive status for auctioneers with annual renewal options and permits restoration upon meeting continuing education requirements.
• Allows reciprocal licensing where Alabama recognizes licenses from other states if standards are equivalent or higher and imposes matching licensing requirements and fees on reciprocal applicants.
• 34-4-27 and 34-4-28: imposes license and county fees, exempts certain charitable auctions, restricts authority to the named licensee, and requires licensees to hire only licensed auctioneers; mandates escrow accounts, written contracts, and detailed closing statements, with advertising displaying the licensee’s name and license number.
• Requires recordkeeping for five years, provides board access to records, and imposes disciplinary action for failure to produce records; assigns sponsor responsibility for apprentice auctions and onsite supervision.
• Sets grounds for discipline including misrepresentation, failure to account for funds, illegal use of funds, criminal convictions, violation of board rules, and aiding unlicensed activity; authorizes fines up to $2,500 per violation and injunctions.
• Provides a formal hearing process for license denial, suspension, or revocation with due notice and opportunities to be heard; allows up to one-year denial of the right to take examinations for unlicensed practice if the applicant conducted business without proper licensure.
• Gives the board authority to levy and collect administrative fines; allows court injunctions and civil penalties; final board orders are subject to appeal as prescribed by law.
• 34-4-50: reorganizes the board to seven auctioneer members and one consumer member, with five-year terms, residency and diversity requirements, and Governor accountability; specifies officer roles and board bylaws.
• 34-4-52: requires the board to meet at least four times per year with a quorum of a majority and standard voting rules; public notice and records accessibility are specified.
• Repeals 34-4-22, the register of applicants, and establishes an effective date three months after passage.

AI-generated summary using openai/gpt-5-nano on Feb 23, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Boards and Commissions