SB156 Alabama 2020 Session

Summary

Primary Sponsor

Randy PriceSenator

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

SB 156 creates the Alabama State of Emergency Consumer Protection Act, hiking penalties for unlicensed emergency-related contracting and adding enforcement tools to ensure licensed work is used.

What This Bill Does

It makes unlicensed individuals who perform specified contracting services on structures damaged or needing repair due to a governor-declared state of emergency guilty of a Class C felony if the project cost exceeds the license threshold. It also amends related contractor licensing statutes to treat first offenses as Class A misdemeanors and subsequent offenses as Class C felonies, and requires license numbers to be included in bids and contracts. The bill expands enforcement tools for boards to issue cease-and-desist orders, pursue injunctions, levy fines up to $5,000 per offense, and require restitution as a condition of probation or suspended sentence. Charitable cleanup or repair work that does not require a license and does not charge a fee is exempt. The governor’s emergency declaration is treated as prima facie evidence of the triggering event, and the act becomes effective on the first day of the third month after passage and governor approval.

Who It Affects

• Unlicensed contractors who perform general contracting, residential homebuilding, HVAC, electrical, plumbing/gas/medical gas piping, or home repair work on emergency-damaged structures (risk of Class C felony and enhanced penalties).
• Property owners, awarding authorities, licensed contractors, and construction professionals who hire, bid, or work on such projects (must verify licenses, may be subject to board enforcement, and may be affected by license-number requirements and potential penalties).

Key Provisions

• Creates the Alabama State of Emergency Consumer Protection Act, establishing enhanced penalties for unlicensed contracting on structures damaged by a Governor-declared state of emergency.
• Unlicensed work on eligible structures exceeding cost thresholds is designated as a Class C felony; charitable cleanup/repair with no license or fee is exempt.
• Amends Sections 13A-9-114, 34-8-6, 34-14A-14, 34-31-32, 34-36-16, and 34-37-17 to set first offenses as Class A misdemeanors and later offenses as Class C felonies for violations of contractor licensing laws.
• Requires license numbers to be included in contracts, subcontracts, bids, and proposals; violations may be punished as a Class B misdemeanor.
• Gives licensing boards authority to issue cease-and-desist orders, seek injunctions (including TROs and permanent injunctions) without bond, and impose civil fines up to $5,000 per offense plus costs; boards may also suspend or revoke licenses and require restitution.
• Provides that the Governor’s emergency declaration is prima facie evidence of the triggering event; act includes provisions intended to be exempt from local-fund expenditure requirements due to exceptions in Amendment 621; becomes effective on the first day of the third month after passage and governor approval.

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

Subjects

Consumers and Consumer Protection