HB231

ENROLLED, An Act,

To add Section 34-11-35.1 to the Code of Alabama 1975, relating to the powers and duties of the State Board of Licensure for Professional Engineers and Land Surveyors; to provide legislative intent; to clarify the rule making authority of the board regarding state and federal antitrust laws; and to establish that anti-competitive rules which prioritize public health, life, safety, property, and welfare are permissible.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. Section 34-11-35.1 is added to the Code of Alabama 1975, to read as follows:

§34-11-35.1.

(a) In addition to the powers provided to the board by Section 34-11-35, the Legislature finds and declares all of the following:

(1) The power to adopt rules regulating the practice of engineering and land surveying in the state includes the power to prohibit unlicensed persons from practicing engineering or land surveying and the power to regulate how licensed persons practice.

(2) The primary goal of the provision of engineering and land surveying in the state is to prioritize public health, life, safety, property, and welfare.

(3) The board is in the best position to determine the engineering and land surveying practices that prioritize public health, life, safety, property, and welfare.

(4) Prioritizing public health, life, safety, property, and welfare may sometimes be at odds with the goals of state and federal antitrust laws which include prioritizing competition and efficiency.

(5) It is the intent of the Legislature, by passage of the act adding this section, to immunize the board and the members of the board from liability under state and federal antitrust laws for the adoption of a rule that prioritizes public health, life, safety, property, and welfare, and may be anti-competitive.

(b) Subject to subsection (c), rules adopted by the board pursuant to this section or Section 34-11-35, may define and regulate the practice of engineering and land surveying in a way that prioritizes public health, life, safety, property, and welfare, even if the rule is anti-competitive.

(c) A rule adopted pursuant to this section or Section 34-11-35 may supplement or clarify a statutory definition, but may not conflict with any statute that defines the practice of engineering or land surveying.

Section 2. Nothing in this act shall be construed to constrict or expand the current rights and privileges of any individual governed by the State Board of Licensure for Professional Engineers and Land Surveyors beyond that which existed before the ruling of the Supreme Court of the United States in N.C. State Board of Dental Examiners vs. FTC, 135 S.Ct 1101 (2015).

Section 3. Nothing in this act shall be construed to constrict or expand the current duties or responsibilities of the members of the State Board of Licensure for Professional Engineers and Land Surveyors in any context outside of federal or state antitrust immunity beyond that which existed before the ruling of the Supreme Court of the United States in N.C. State Board of Dental Examiners vs. FTC, 135 S.Ct 1101 (2015).

Section 4. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.

Engineers and Land Surveyors, State Board of Licensure for Professional

Boards and Commissions

Antitrust Laws

Legislature

Code Added