HB232 Alabama 2017 Session

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

HB232 would authorize the Board of Licensure for Professional Engineers and Land Surveyors to issue rules that prioritize public welfare and require a state-style qualification-based selection process for contracts, even private ones, potentially allowing anti-competitive rules.

What This Bill Does

Adds a new section to clarify legislative intent and the board's rule-making authority regarding antitrust laws. Allows board rules that require a qualification-based selection process similar to state procurement for contracts, including private contracts, when prioritizing public health, life, safety, property, and welfare. Allows rules to define or regulate the practice of engineering and land surveying to prioritize welfare even if those rules are anti-competitive, as long as they do not conflict with existing statutes. States that rights and duties are not expanded beyond the limits set by the NC Dental Examiners v. FTC decision, and that the act becomes effective immediately after governor approval.

Who It Affects

• Licensed engineers and licensed land surveyors in Alabama who may be subject to new or clarified board rules prioritizing public welfare and applicable qualification-based selection requirements.
• Private contract bidders and public contracting entities that would need to follow the board's rules for qualification-based selection, even for private contracts, and that may be influenced by rules prioritizing public welfare.

Key Provisions

• Adds Section 34-11-35.1 to codify legislative intent and clarify the board's rule-making authority regarding antitrust laws.
• Requires that a qualification-based selection process identical or substantially similar to the state procurement standard be used for contracts, including private ones, when prioritizing public health, life, safety, property, and welfare.
• Authorizes rules to define or regulate the practice of engineering and land surveying to prioritize public welfare, even if such rules are anti-competitive, provided they do not conflict with statutes defining the practice.
• Keeps rights and duties within the boundaries of the NC Dental Examiners v. FTC framework and states the act takes effect 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