SB39 Alabama 2021 Session

Summary

Primary Sponsor

Randy PriceSenator

Republican

Session

Regular Session 2021

Title

Consumer Protection, Alabama State of Emergency Consumer Protection Act, enhanced criminal penalties provided under certain conditions, Sec. 13A-9-111.1 added; Sec. 13A-9-114, 34-14A-14, 34-31-32, 34-36-16, 34-37-17 am'd.

Summary

The bill creates a new crime of aggravated home repair fraud during governor-declared emergencies and tightens penalties and enforcement for home-building and related trades.

What This Bill Does

It creates a new offense called aggravated home repair fraud with specific deceptive acts when contracting for repairs on property affected by a governor-declared emergency, and makes it a Class C felony. It also updates penalties for other violations to more clearly punish repeat offenses and unlicensed work. It gives licensing boards broader powers to fine, suspend, revoke licenses, and issue cease-and-desist orders or seek injunctions to stop improper activity; the law would take effect three months after becoming law.

Who It Affects

• Consumers/homeowners seeking emergency home repairs, who gain stronger protection against scams and misrepresentation during state of emergency events.
• Contractors and licensees (home builders, certified contractors, electricians, plumbers, gas fitters, and related workers), who face stricter licensing enforcement, potential fines, license actions, and possible criminal penalties for unlicensed or improper conduct.

Key Provisions

• Creates §13A-9-111.1 Alabama State of Emergency Consumer Protection Act, establishing aggravated home repair fraud with listed deceptive acts and making it a Class C felony.
• Amends §13A-9-114 to treat a first conviction as a Class A misdemeanor and a second or subsequent conviction as a Class C felony.
• Amends §34-14A-14 to criminalize undertaking residential home building without a valid license, allow immediate cessation orders, and authorize board procedures, fines up to $5,000 per violation, and injunctive relief.
• Amends §34-31-32 to penalize unlicensed or improperly certified contractors, allow late penalties, potential license removal or required retesting, and fines up to $2,000 per violation.
• Amends §34-36-16 to prohibit unlicensed electrical contracting and specify penalties for violations, with certain allowances for licensed individuals who meet conditions.
• Amends §34-37-17 to give the regulatory board authority to discipline or require training, impose civil fines up to $2,000 per violation, and issue cease-and-desist orders with enforcement provisions.
• Authorizes boards to seek cease-and-desist orders, injunctions, and temporary restraining orders to stop violations, with penalties and potential license-related consequences for non-compliance.
• Contains a provision (Section 3) stating the act is exempt from Amendment 621 requirements because it creates a new crime or amends existing crime definitions.
• Effective date set as 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