SB174 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

SB174 would add a new section that allows the Board of Licensure for Professional Engineers and Land Surveyors to require qualification-based selection processes for contracts (including private ones) when prioritizing public health, safety, property, and welfare.

What This Bill Does

It adds Section 34-11-35.1 to clarify the board’s rule-making authority under antitrust laws. The board could require a qualification-based selection process similar to the state’s procurement rules for contracts, applying to both public and private work, when public health and safety are prioritized. Rules may prioritize health and safety even if they are anti-competitive and may define or regulate the practice accordingly, but they must not conflict with statutes that define engineering or land surveying. The act preserves existing rights and antitrust immunity as they existed before the 2015 NC Dental Examiners v. FTC ruling and becomes effective immediately upon the governor’s approval.

Who It Affects

• Licensed engineers and licensed land surveyors in Alabama, whose regulatory rules and practice standards may be affected by the board’s new authority to require certain contractor selection processes and prioritize public safety considerations.
• Contractors and bidders (both public and private) seeking engineering or land surveying work in Alabama, who may be subject to qualification-based selection rules established by the board.

Key Provisions

• Adds Section 34-11-35.1 to establish legislative intent and to clarify the board’s rule-making authority under state and federal antitrust laws.
• Authorizes the board to require a qualification-based selection process similar to the state’s rule described in Section 41-16-72(3) to be used for contracts, including those of private nature, when prioritizing public health, life, safety, property, and welfare.
• Allows rules adopted under this section to define and regulate the practice of engineering and land surveying in a way that prioritizes public health and safety, even if the rules are anti-competitive in effect.
• Permits rules to supplement or clarify statutory definitions but forbids conflicts with statutes that define the practice of engineering or land surveying.
• States that nothing in the act changes existing rights, privileges, or antitrust immunity beyond what existed before the NC Dental Examiners v. FTC decision, and the act 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