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AL HB281

Bill

Status

Passed

5/18/2017

Primary Sponsor

Steve McMillan

Click for details

Origin

House of Representatives

Regular Session 2017

AI Summary

  • Adds Section 34-27-8.1 to the Code of Alabama 1975 to clarify the Alabama Real Estate Commission's rulemaking authority regarding state and federal antitrust laws.

  • Authorizes the Alabama Real Estate Commission to adopt rules that prioritize consumer protection in real estate transactions, even if those rules are anti-competitive.

  • Establishes legislative intent to immunize the Alabama Real Estate Commission and its members from liability under state and federal antitrust laws when adopting consumer protection-focused rules.

  • Restricts commission rules to supplementing or clarifying statutory definitions but prohibits rules from conflicting with statutes that define activities requiring licensing.

  • Effective immediately upon passage and approval by the Governor, with protections limited to rights and duties existing as of the 2015 North Carolina State Board of Dental Examiners v. FTC Supreme Court decision.

Legislative Description

Real Estate Commission, rule making authority clarified regarding federal antitrust laws, Sec. 34-27-8.1added

Real Estate Commission

Last Action

Delivered to Governor at 9:35 a.m. on May 18, 2017.

5/18/2017

Committee Referrals

Governmental Affairs4/4/2017
Boards, Agencies and Commissions2/21/2017

Full Bill Text

No bill text available