SB171 Alabama 2017 Session

Summary

Primary Sponsor

Clyde ChamblissSenator

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

SB171 adds a new section to authorize the Board of Licensure for Professional Engineers and Land Surveyors to regulate practice in ways that prioritize public health, safety, property, and welfare, even if those rules are anti-competitive, and to immunize the board from antitrust liability for such rules.

What This Bill Does

It creates Section 34-11-35.1 to establish legislative intent and clarify the board’s rule-making authority, including the power to prohibit unlicensed practice and regulate how licensed professionals practice. It allows the board to adopt rules that prioritize public health, life, safety, property, and welfare even if those rules are anti-competitive, and it immunizes the board and its members from state and federal antitrust liability for adopting such rules. The rules may supplement or clarify existing definitions but cannot conflict with statutes that define the practice. It also states that the act does not expand rights or duties beyond what existed after the NC Dental Examiners vs. FTC ruling and takes effect immediately upon passage.

Who It Affects

• Licensed engineers and land surveyors in Alabama, who would be subject to board rules that prioritize public health, safety, property and welfare, and who benefit from clarified rule-making authority and potential protections from antitrust liability for those rules.
• Unlicensed individuals who practice engineering or land surveying, whose ability to practice could be prohibited or restricted by the board under the expanded authority to regulate practice and enforce prohibition of unlicensed activity.

Key Provisions

• Adds Section 34-11-35.1 to authorize legislative intent and clarify rule-making authority of the board regarding engineering and land surveying.
• authorizes the board to adopt rules that prioritize public health, life, safety, property, and welfare, even if such rules are anti-competitive, and immunizes the board and its members from liability under state and federal antitrust laws for these rules.
• Rules may define or regulate practice and may supplement or clarify statutory definitions, but cannot conflict with statutes that define the practice.
• clarifies that the act does not expand rights or duties beyond what existed after the NC Dental Examiners vs. FTC ruling, and becomes effective immediately upon passage.

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