SB39 Alabama 2021 Session

Under existing law, on a first conviction for home repair fraud, a person is guilty of a Class A misdemeanor, and on a second or subsequent conviction for home repair fraud, a person is guilty of a Class C felony

This bill would establish the Alabama State of Emergency Consumer Protection Act to create the crime of aggravated home repair fraud to provide enhanced criminal penalties for home repair fraud committed for the repair of a residential structure that was damaged as a result of an event which was declared a state of emergency by the Governor

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

Relating to consumer protection; to establish the Alabama State of Emergency Consumer Protection Act; to add Section 13A-9-111.1 to the Code of Alabama 1975, to create the crime of aggravated home repair fraud and to provide criminal penalties; to amend Sections 13A-9-114, 34-14A-14, 34-31-32, 34-36-16, and 34-37-17, Code of Alabama 1975, to provide further for criminal penalties; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of 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.