SB174 Summary

• Adds Section 34-11-35.1 to Alabama Code to clarify the State Board of Licensure for Professional Engineers and Land Surveyors' authority to adopt rules regarding antitrust compliance.

• Establishes that the board may require qualification-based selection processes (consistent with Alabama procurement law Section 41-16-72) for both public and private engineering contracts, even if such rules appear anti-competitive.

• Declares that anti-competitive rules are permissible when they prioritize public health, life, safety, property, and welfare in defining and regulating engineering and land surveying practices.

• Limits the scope of adopted rules to supplementing or clarifying statutory definitions but prohibits rules that conflict with existing statutes defining engineering or land surveying practice.

• Clarifies the act does not expand or constrict rights, privileges, or duties of board members beyond what existed before the 2015 Supreme Court decision in North Carolina State Board of Dental Examiners v. FTC.

• Takes effect immediately upon passage and approval by the Governor.