Useful InformationUseful Information and and

Tactics for Attaining Tactics for Attaining a a

Practice ActPractice Act for Structural Engineeringfor Structural Engineering

By Barry Arnold P.E., S.E., SECBBy Barry Arnold P.E., S.E., SECB

Know Who You’re Dealing Know Who You’re Dealing WithWith

““We’re proposing this Bill on it’s own We’re proposing this Bill on it’s own merits - because it’s the right thing to merits - because it’s the right thing to do.”do.”

““We don’t pass Bills based on their We don’t pass Bills based on their merits or principle. Right has nothing to merits or principle. Right has nothing to do with the decisions that are made.”do with the decisions that are made.”

Make Sure YOUR Heart Make Sure YOUR Heart is in the Right Placeis in the Right Place

• What is your motivation?What is your motivation?– Form an elitist group.Form an elitist group.– Make more money by limiting competition.Make more money by limiting competition.– Force other professions to respect us.Force other professions to respect us.

• To live up to our ethical obligation To live up to our ethical obligation to safeguard the health, safety and to safeguard the health, safety and welfare of the general public.welfare of the general public.

There are Different There are Different Methods Methods

with Notable Differenceswith Notable Differencesthat Yield Similar Resultsthat Yield Similar Results

Option AOption A• LobbyistLobbyist

• $ $ $ $ $ $$ $ $ $ $ $

• Low time demandLow time demand

• PassivePassive

Option BOption B• Do-it-yourselfDo-it-yourself

• ¢ ¢ ¢ ¢ ¢ ¢¢ ¢ ¢ ¢ ¢ ¢

• High time demandHigh time demand

• ActiveActive

Both methods are proven and acceptable. One method is not better than the other, but you must understand the differences before you begin.

Does anyone know who you Does anyone know who you are?are?• Does your state proctor the NCEES Struct. Does your state proctor the NCEES Struct.

I and II exams?I and II exams?

• Do you have SE’s on your Licensing Do you have SE’s on your Licensing Board?Board?

• What about other appointed state advisory What about other appointed state advisory boards?boards?

• Do you attend the Licensing Board Do you attend the Licensing Board meetings?meetings?

• Have you asked to address the Board and Have you asked to address the Board and propose a Practice Act?propose a Practice Act? Be VISIBLE and VOCAL and INVOLVED.

You’ve got to start somewhere!

Not only at a state level but Not only at a state level but also in your engineering also in your engineering

related associations.related associations.• ASCE Chapters and LeadershipASCE Chapters and Leadership

• NSPE Chapters and LeadershipNSPE Chapters and Leadership

• CASE / SEICASE / SEI

• Etc.Etc.

You can’t be a leader if you’re happy being a follower.

It’s never to early to get the PR It’s never to early to get the PR machine running!machine running!

• Magazine and newspaper articles of Magazine and newspaper articles of local interest and concern.local interest and concern.– Why did my neighbor's house fall down? Why did my neighbor's house fall down?

What can I do to prevent it?What can I do to prevent it?– Who’s looking out for you after a natural Who’s looking out for you after a natural

disaster?disaster?

• Emphasize: What structural engineers Emphasize: What structural engineers do and what sets them apart from do and what sets them apart from other branches of engineering.other branches of engineering.

• Differentiate Structural EngineeringDifferentiate Structural Engineering

Rally The Troops!Rally The Troops!• SEA Membership – Involve SEA Membership – Involve ALLALL of them by making of them by making

sure they’re informedsure they’re informed!!– Newsletter articles.Newsletter articles.– Frequent (monthly) emails.Frequent (monthly) emails.– Be specific and direct.Be specific and direct.

– Inform them about the lines of communication.Inform them about the lines of communication.

• Emphasize :Emphasize :– Importance – Life Safety.Importance – Life Safety.– Code of Ethics – Protect the public.Code of Ethics – Protect the public.– Purpose – So we won’t have to count bodies.Purpose – So we won’t have to count bodies.

• Wave the banner high and scream loud: Wave the banner high and scream loud: ““This is the place where structural engineers This is the place where structural engineers that are concerned about public safety that are concerned about public safety gather!”gather!”

Your Committee: Your Committee: Who’s on and who’s off?Who’s on and who’s off?

• Trust – Hold your cards close to your chest – don’t Trust – Hold your cards close to your chest – don’t reveal all your secrets / game plans.reveal all your secrets / game plans.

• Communication – Loose lips sink ships and kills Communication – Loose lips sink ships and kills Bills.Bills.

• Fast and Effective Communication.Fast and Effective Communication.– Emails, Home phone number, personal cell phones, etc.Emails, Home phone number, personal cell phones, etc.

• Attendance is mandatory – be informed.Attendance is mandatory – be informed.– Decisions are made by those in attendance.Decisions are made by those in attendance.

• No mavericks please!No mavericks please!

Emphasize: “There is no reverse – only full steam Emphasize: “There is no reverse – only full steam ahead. Calculated and planned progress requires ahead. Calculated and planned progress requires everyone’s commitment and dedication.”everyone’s commitment and dedication.”

‘‘A’ Group and ‘B’ GroupA’ Group and ‘B’ Group

A Moment of TruthA Moment of Truth• You only know what you know – and a You only know what you know – and a

lot of what you think you know is lot of what you think you know is wrong.wrong.– I believe….I believe….– I heard…..I heard…..– I feel…..I feel…..– I think…..I think…..

• Ask a lot of questions from a variety of Ask a lot of questions from a variety of people. No single person is going to people. No single person is going to have all the correct answers.have all the correct answers.

Gather all the information Gather all the information you can about you can about everyevery

LegislatorLegislator• It’s all on the internetIt’s all on the internet

– Home addressHome address– Email addressEmail address– Office addressOffice address

• DistrictsDistricts– Most Legislators don’t care about and Most Legislators don’t care about and

won’t read anything unless it’s from won’t read anything unless it’s from their constituent. their constituent.

– Where is your (or your spouses, Where is your (or your spouses, mothers, fathers, brothers, sisters, mothers, fathers, brothers, sisters, employees, etc.) office, home?employees, etc.) office, home?

Why they act the way they Why they act the way they do?do?• No legislator wants to sponsor a Bill that will No legislator wants to sponsor a Bill that will

fail. It’s bad for their campaign and image.fail. It’s bad for their campaign and image.• No legislator wants to put a lot of time and No legislator wants to put a lot of time and

effort into a cause unless it gets headlines.effort into a cause unless it gets headlines.• All legislators answer to their party All legislators answer to their party

leadership.leadership.• Secretly, they want to know what’s in it for Secretly, they want to know what’s in it for

them.them.

Important Important Considerations:Considerations:

• Does it cost anyone?Does it cost anyone?– The State (Administration, Enforcement…etc.)The State (Administration, Enforcement…etc.)– Their Constituents (Increased construction Their Constituents (Increased construction

costs)costs)

• Does it restrain/restrict any business?Does it restrain/restrict any business?– Will it adversely affect existing businesses?Will it adversely affect existing businesses?

If the answer is yes -If the answer is yes -

– – you’re in for a fight.you’re in for a fight.

Pick Your LegislatorPick Your Legislator• Download bio and information off the internetDownload bio and information off the internet• Majority –vs- minorityMajority –vs- minority• R’s and D’s – look for co-sponsorsR’s and D’s – look for co-sponsors• Know the Senate and House leadershipKnow the Senate and House leadership• Focus on both the Senate and HouseFocus on both the Senate and House• Elections are this Fall Elections are this Fall

– You may be asked to donate to their campaign.You may be asked to donate to their campaign.– They may not get re-elected. Do you have a plan B?They may not get re-elected. Do you have a plan B?

• Longevity – Freshman –vs- Senior legislator.Longevity – Freshman –vs- Senior legislator.

• Interview them – there are a lot more engineers Interview them – there are a lot more engineers (or want-to-be engineers) in the legislature than (or want-to-be engineers) in the legislature than you know. Do they care about this issue?you know. Do they care about this issue?

• PICK CAREFULLY.PICK CAREFULLY.

Educate Your LegislatorEducate Your Legislator

• They must fully understand the reasons and They must fully understand the reasons and purpose behind the Bill. purpose behind the Bill.

• They must stand ‘alone’ on the Senate and They must stand ‘alone’ on the Senate and House floor to speak for the Bill and answer House floor to speak for the Bill and answer questions. Make sure they’re well prepared.questions. Make sure they’re well prepared.

• Make sure all of your printed materials Make sure all of your printed materials (One-pagers) are in the sponsors and ALL (One-pagers) are in the sponsors and ALL the Legislator’s hands when the Bill is read.the Legislator’s hands when the Bill is read.

Write the Bill yourself!Write the Bill yourself!• Shoot for the Stars! Shoot for the Stars!

(The Bill will get whittled down – give (The Bill will get whittled down – give ‘them’ something to chew on.) ‘them’ something to chew on.) – Ask for EVERTHING you would want as if Ask for EVERTHING you would want as if

it was a perfect world – yes everything! it was a perfect world – yes everything! – What do you want in the Bill?What do you want in the Bill?– Offer no apologies.Offer no apologies.

What do you want in the What do you want in the Act?Act?

(Have plenty of meat on the bone)(Have plenty of meat on the bone)• Building typeBuilding type

• Building occupancyBuilding occupancy

• Building useBuilding use

• Building sizeBuilding size

• High wind speedHigh wind speed

• High snow loadsHigh snow loads

• Site ClassSite Class

• Soils Soils considerationsconsiderations– LiquefactionLiquefaction

• Other…..Other…..

Don’t Leave the Verbiage Don’t Leave the Verbiage to Chanceto Chance

• (14)(14) "Professional structural engineering or the practice of "Professional structural engineering or the practice of structural engineering" meansstructural engineering" means [the design and analysis of complex [the design and analysis of complex buildings and structures and includes the definition of professional buildings and structures and includes the definition of professional engineering or the practice of engineering provided in Subsection engineering or the practice of engineering provided in Subsection (9)](9)] a service or creative work in the following areasa service or creative work in the following areas, and may be , and may be further defined by rule by the division in collaboration with the further defined by rule by the division in collaboration with the board[board[..]]::– (a)(a) providing structural engineering services for significant providing structural engineering services for significant

structures including:structures including:• (i)(i) buildings and other structures representing a substantial buildings and other structures representing a substantial

hazard to human life, which include:hazard to human life, which include:– (A)(A) buildings and other structures whose primary occupancy buildings and other structures whose primary occupancy

is public assembly with an occupant load greater than 300;is public assembly with an occupant load greater than 300;– (B)(B) buildings and other structures with elementary school, buildings and other structures with elementary school,

secondary school or day care facilities with an occupant load greater than 250;secondary school or day care facilities with an occupant load greater than 250;

Prepare the changes in the Act in its final Prepare the changes in the Act in its final format. format. (The big picture is helpful)(The big picture is helpful)

The Transition Clause is The Transition Clause is ‘‘THE’THE’ most important thing! most important thing!

• Open the door wide Open the door wide – Less fighting Less fighting – Less oppositionLess opposition– More want-to-be’sMore want-to-be’s– Easier to pass BillEasier to pass Bill

• Restrict AccessRestrict Access– A lot of fightingA lot of fighting– More OppositionMore Opposition– Less want-to-be’sLess want-to-be’s– More difficult to More difficult to

pass Billpass Bill

Do not underestimate the importance of the Transition Clause. This topic requires substantial consideration.

Beware:Beware:• Unintended consequencesUnintended consequences

– Look at the proposed language from all Look at the proposed language from all perspectives.perspectives.

• Wording – legal definition(s)Wording – legal definition(s)– (Not necessarily the common usage (Not necessarily the common usage

/definition found in the dictionary. Watch /definition found in the dictionary. Watch for words with double/multiple meanings.)for words with double/multiple meanings.)

• Once you open the Act – anyone can Once you open the Act – anyone can add to it. (A common method to kill the add to it. (A common method to kill the Bill)Bill)

Be willing to negotiate, Be willing to negotiate, compromise and acquiescecompromise and acquiesce

• The single best way to kill your Bill is The single best way to kill your Bill is to hold a hard line.to hold a hard line.

• The single best way to get your Bill The single best way to get your Bill passed is to be willing to give and passed is to be willing to give and take a little.take a little.

Get the PR Train RollingGet the PR Train Rolling• Have your talking points and one-pager ready – Have your talking points and one-pager ready –

you’re going to need them.you’re going to need them.– TelevisionTelevision– RadioRadio– Newspapers (recent building upgrades)Newspapers (recent building upgrades)– Magazines (Who/what’s on the cutting edge of safety.)Magazines (Who/what’s on the cutting edge of safety.)

• What’s in it for their viewers, listeners or, What’s in it for their viewers, listeners or, readers?readers?

• Who’s doing the talking / writing?Who’s doing the talking / writing?

Emphasize: Emphasize: Reasons that lay-persons will care about. Reasons that lay-persons will care about. A personal touch in your message that can be A personal touch in your message that can be understood by everyone!understood by everyone!

Opposition and Opposition and SupportersSupporters

• NSPENSPE

• Contractors (Costs)Contractors (Costs)

• Residential Residential – (Lot’s of clout)(Lot’s of clout)

• Bridges Bridges (Specialized)(Specialized)

• Individuals Individuals

• NCSEANCSEA

• ASCE / SEIASCE / SEI

• ACEC?ACEC?

• AIA AIA – (Handled correctly)(Handled correctly)

• Building OfficialsBuilding Officials

• DOPLDOPL

• PTAPTA

Two important questions to Two important questions to ask yourself and everyone ask yourself and everyone else:else:• 1) “Do you know the qualifications of 1) “Do you know the qualifications of

the engineer that designed your the engineer that designed your school, mall, police and fire station, school, mall, police and fire station, office, or church?”office, or church?”

• 2) “Does it matter?”2) “Does it matter?”

Can you make the case?Can you make the case?• SchoolsSchools• MallsMalls• Police and Fire StationsPolice and Fire Stations• Office BuildingsOffice Buildings• ChurchesChurches• Public gathering places (arenas, Public gathering places (arenas,

auditoriums)auditoriums)

• Recent significant structural upgrades to Recent significant structural upgrades to correct deficient designs.correct deficient designs.

• Document poor design practices (DOPL or Document poor design practices (DOPL or Building Officials).Building Officials).

• Failures.Failures.

Emails and LettersEmails and Letters• Short, sweet and direct to the point emails Short, sweet and direct to the point emails

and letters get read – everything else gets and letters get read – everything else gets thrown out.thrown out.

• Short: two 5 sentence paragraphs maximum.Short: two 5 sentence paragraphs maximum.

• Sweet: cordial (but pointed) – no name Sweet: cordial (but pointed) – no name calling.calling.

• Direct: Direct:

You support the Bill You support the Bill AS ISAS IS (no buts allowed) (no buts allowed)

Explain why you support the Bill Explain why you support the Bill AS ISAS IS..

Support – have you got Support – have you got it?it?

• Support looks like this:Support looks like this:““I fully and completely support …… as it is I fully and completely support …… as it is

written”written”

• Non-support looks like this:Non-support looks like this:““I support …….. but suggest the following I support …….. but suggest the following

changes:”changes:”““I agree with ….. in principle but would I agree with ….. in principle but would

request…”request…”

Critical Component: Critical Component: The Email Tree The Email Tree

• The warning went out.The warning went out.

• One email to ten people.One email to ten people.

• Ten people sent the warning to ten Ten people sent the warning to ten more people.more people.

• Who……Who……

• 300 emails in 1 hour.300 emails in 1 hour.

• Only include TRUSTED people in tree.Only include TRUSTED people in tree.

The Legislative ProcessThe Legislative Process(Know the Gatekeepers)(Know the Gatekeepers)

• DOPL/Board (Get blessing and input)DOPL/Board (Get blessing and input)

• Legislative Analyst (Review legal Legislative Analyst (Review legal aspects)aspects)

• Interim Committee {G} (1 Vote)Interim Committee {G} (1 Vote)

• Fiscal NoteFiscal Note

• Senate Committee {G} (1 Vote)Senate Committee {G} (1 Vote)

• Senate {G} (3 readings - 2 votes)Senate {G} (3 readings - 2 votes)

• House Committee {G} (1 Vote)House Committee {G} (1 Vote)

• House {G} (3 readings - 2 Votes)House {G} (3 readings - 2 Votes)

Don’t be afraid to jump in Don’t be afraid to jump in the muck and get dirty – very the muck and get dirty – very

dirty!dirty!• If you want to win you’re going to have to If you want to win you’re going to have to

stand up where everyone can take pot-stand up where everyone can take pot-shots at you. Do not keep a low (safe) shots at you. Do not keep a low (safe) profile and ‘see what happens’. profile and ‘see what happens’.

• It’s a war:It’s a war:– Go in prepared.Go in prepared.– Wave your banner (cause) proudly.Wave your banner (cause) proudly.– Rally the troops.Rally the troops.– When the battle is raging and verbal When the battle is raging and verbal

bullets are flying – SHOOT BACK!bullets are flying – SHOOT BACK!

Counter the opposition:Counter the opposition:• ““I don’t support the Bill.”I don’t support the Bill.”

““What is it about public safety you dislike?”What is it about public safety you dislike?”““Are your constituents aware that you don’t care about Are your constituents aware that you don’t care about

them?”them?”

• ““Are we currently having a problem?”Are we currently having a problem?”““I’d rather have action now than a body-count later wouldn’t I’d rather have action now than a body-count later wouldn’t

you?.”you?.”

• ““Ethics can’t/shouldn’t be legislated.”Ethics can’t/shouldn’t be legislated.”““We’re not trying to. This Bill is about protecting the public – We’re not trying to. This Bill is about protecting the public –

like drivers licenses, speed limits and seat belt laws. like drivers licenses, speed limits and seat belt laws. They’re good laws aren’t they?They’re good laws aren’t they?

• ““Aren’t Professional Engineers intelligent and Aren’t Professional Engineers intelligent and capable?”capable?”““History is full of people that were intelligent and capable History is full of people that were intelligent and capable

that didn’t work for the public good.”that didn’t work for the public good.”

Counter the opposition:Counter the opposition:• ““Won’t buildings cost more?”Won’t buildings cost more?”

““The code establishes the minimum legal requirements. The code establishes the minimum legal requirements. This Bill makes sure that certain structures are designed This Bill makes sure that certain structures are designed in accordance with the code. Shouldn’t public safety be in accordance with the code. Shouldn’t public safety be our primary concern?”our primary concern?”

• ““PEs and SEs aren’t they all the same?”PEs and SEs aren’t they all the same?”““Experience, education and examination separate SEs from Experience, education and examination separate SEs from

PEs. Shouldn’t the most qualified engineers design our PEs. Shouldn’t the most qualified engineers design our public buildings?”public buildings?”

Do what it takesDo what it takes

• Crush the opposition by volume not Crush the opposition by volume not logic.logic.

• Counter attack.Counter attack.

• Dam(n).Dam(n).

• Isn’t this an election year? I’m Isn’t this an election year? I’m considering running just to debate considering running just to debate this issue.this issue.

When the Bill passes When the Bill passes – have integrity– have integrity

• Promises were made – keep them.Promises were made – keep them.

• Deals were arranged – fulfill them.Deals were arranged – fulfill them.

• Agreements were made – honor them.Agreements were made – honor them.

Do what you said you’d do.Do what you said you’d do.

Integrity Counts:Integrity Counts:

• It makes it easier to protect the It makes it easier to protect the changes to the Act.changes to the Act.

• Anyone/Association can come back Anyone/Association can come back next year and make additional next year and make additional changes or deletions to the Act.changes or deletions to the Act.

• Beware the Sunset Act Beware the Sunset Act – (Every 7 years ???).(Every 7 years ???).

Title Act –vs- Practice ActTitle Act –vs- Practice ActTITLE ACTTITLE ACT

• Limits use of term Limits use of term “Structural “Structural Engineer”.Engineer”.

• Doesn’t limit Doesn’t limit practice.practice.

PRACTICE ACTPRACTICE ACT• Limits practice – Limits practice –

restricts the design restricts the design of certain kinds of of certain kinds of structures to structures to licensed structural licensed structural engineers.engineers.

• EOR must be a EOR must be a licensed structural licensed structural engineer.engineer.

Unintended Consequence:Unintended Consequence:How many structural engineers are in your How many structural engineers are in your office?office?

Final Thought:Final Thought:• ““Within the ranks of the structural Within the ranks of the structural

engineering profession are some of the engineering profession are some of the brightest minds on earth. Structural brightest minds on earth. Structural engineers have nothing to be ashamed engineers have nothing to be ashamed of except for their lack of desire to of except for their lack of desire to stand up, stand out, and speak out for a stand up, stand out, and speak out for a good and honorable cause. We must good and honorable cause. We must now choose to be leaders or remain now choose to be leaders or remain followers.”followers.”

Barry Arnold P.E.,S.E.,SECB 2004Barry Arnold P.E.,S.E.,SECB 2004

The choice is yours.