HB231 Alabama 2017 Session

Updated Feb 26, 2026

Notable

Summary

Primary Sponsor: David SessionsSenator
Republican
Session: Regular Session 2017
Title: Engineers and Land Surveyors, legislative intent regarding rule-making authority of Board of Licensure for provided regarding antitrust laws, Sec. 34-11-35.1 added
Summary: HB231 adds a new section that lets the Board regulate engineering and land surveying to prioritize public health and safety, even if rules are anti-competitive, and it immunizes the Board from antitrust liability for those rules.
What This Bill Does
It creates legislative intent and clarifies the Board’s rulemaking power, including prohibiting unlicensed practice and guiding how licensed practice is performed. It states the primary goal is to prioritize public health, life, safety, property, and welfare, and that the Board should determine practices that meet this goal. It acknowledges potential conflicts with antitrust laws and provides immunity from liability for the Board and its members when adopting priority-based rules that may be anti-competitive. It allows rules that define and regulate practice to prioritize health and safety even if anti-competitive, as long as they do not conflict with statutes defining the practice, and it becomes effective immediately after governor approval.

Who It Affects
State Board of Licensure for Professional Engineers and Land Surveyors and its members — immunized from antitrust liability for adopting priority-based rules and given explicit rulemaking authority.
Engineers and land surveyors in Alabama (licensed and unlicensed) — subject to board rules prioritizing health, safety, and welfare; unlicensed practice can be prohibited; rules may be anti-competitive if they prioritize public health and safety.

Key Provisions
Adds Section 34-11-35.1 establishing legislative intent and clarifying the board's rulemaking authority, including prohibiting unlicensed practice and regulating licensed practice.
Declares the primary goal of engineering and land surveying regulation is to prioritize public health, life, safety, property, and welfare, with the board determining appropriate practices.
States that prioritizing health and safety may conflict with antitrust laws and immunizes the board and its members from liability under state and federal antitrust laws for rules that prioritize health, even if those rules are anti-competitive.
Allows rules to define and regulate practice to prioritize public health, life, safety, property, and welfare, provided they do not conflict with statutory definitions of the practice.
Affirms that the act does not expand or contract individuals' rights or the board's duties beyond antitrust immunity, and becomes effective immediately after governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Engineers and Land Surveyors, State Board of Licensure for Professional