ACEC of Nebraska First To Cross ACEC/PAC Fundraising Finish Line Roger Helgoth ACEC/PAC Trustee ACEC of Nebraska has achieved its ACEC/PAC fundraising goal for the year, the first state organization to do so, and will be honored for its achievement at the upcoming Fall Conference in Portland, Maine. "More and more of our members are understanding the importance of getting engaged politically at the national level," said ACEC/PAC Trustee Roger Helgoth of Jacobson Helgoth Consultants, Inc. in Omaha. "The fact is, supporting ACEC/PAC is a good business decision, since it helps us to better shape national legislation and policies that result in more business for the industry." Michigan, Kentucky and Indiana are coming close to meeting their respective goals, and many other state organizations are making strong progress. ACEC/PAC trustees adopted a national goal of $500,000 in 2004 to support the Council's advocacy agenda, and assigned each state individual goals based on membership strength. "Nebraska has set a good example for our other state organizations," said ACEC Chairman Bill Howard. "The election season is now in full swing, and it's more important than ever for our members to step up and help us build the PAC." Click here for information on each state's progress to date.

New FLSA Rules Challenged in House, Senate Presidential politics spilled over to the House floor last week as House Democrats launched a last ditch counterattack against the new ACEC-endorsed rules governing white collar exemptions to overtime requirements under the Fair Labor Standards Act. A similar challenge is underway in the Senate. Last week, the House adopted an amendment offered by Rep. David Obey (D-WI) to the F.Y. '05 Labor, HHS, Education appropriations bill that would overturn the new FLSA rules that went into effect on August 23. House Democrats overwhelmingly voted in support of the Obey Amendment, which also attracted support from a handful of moderate House Republicans whose districts include union households opposed to the new rules. Many industry observers saw the outcome of the vote as expected, given the close proximity to Election Day and the likelihood that the Obey language will be eventually removed when House and Senate conferees develop a final spending package, probably in mid-November. The White House has already indicated that the President may veto the appropriations bill if this amendment remains in the final conference report. Presidential candidate and Senator John Kerry (D-MA) has stated that he will overturn the new rules if elected.

House Legislation To Curb "Junk" Lawsuits; Opens Potential For Tort Reform House Majority Whip Roy Blunt (R-MO) The House of Representatives passed legislation this week that seeks to curb so-called "junk" lawsuits in a move that could set the stage for substantial progress on tort reform—a key ACEC legislative initiative when the new Congress convenes next January. The Lawsuit Abuse Reduction Act (H.R. 4571) would establish mandatory sanctions for filing frivolous lawsuits in violation of Rule 11 of the Federal Rules of Civil Procedure. The Act would abolish Rule 11's current "free pass" that allows lawyers to avoid sanctions by simply withdrawing frivolous claims within 21 days after a motion for sanctions has been filed. The measure also prevents so-called "forum-shopping" of cases by requiring that personal injury cases be brought only where the plaintiff resides, where the alleged injury occurred, or where the defendant's principal place of business is located. Additionally, a "3 Strikes and You're Out" provision is included that mandates a one-year suspension of a law license to practice in a federal court after a lawyer has filed three or more frivolous lawsuits in the same federal court. "There are too many frivolous lawsuits in America," said House Majority Whip Roy Blunt (R-MO). "Skyrocketing liability costs are shutting down small businesses and putting workers out of jobs. Lawsuit abuse also drives up prices for consumers."

ACEC of Georgia Strategic Plan Includes ACEC/PAC Commitment ACEC of Georgia recently adopted a new strategic plan that mirrors the national ACEC Strategic Plan, including a strong commitment to meeting its annual ACEC/PAC fundraising goal. "Georgia members are well aware of the importance at the state level to participate in the political process," said Don Allen of Jordan, Jones & Goulding and the ACEC/PAC Trustee from the state. "Given the key issues at stake at the national level—a $300 billion transportation bill, tax relief legislation, and business regulations—it just makes sense that we commit to support our national program." The new ACEC/Georgia strategic plan commits the state to meeting the yearly PAC goals established by the ACEC/PAC Trustee committee. The plan also defines the organization's intent to meet fundraising goals set for the Minuteman Fund—ACEC's financial war chest to assist state organizations in legislative and legal campaigns that have national significance. "Having a commitment from the leadership of each of our state organizations is the critical ingredient to achieving our $1 million goal," said ACEC President Dave Raymond. "If each state makes the commitment and follows through, we'll achieve our goal and significantly expand the reach and influence of ACEC's advocacy program."

Council To Co-sponsor Construction Industry Conflict Management Forum ACEC is co-sponsoring The American Arbitration Association's 2nd Annual National Forum on Conflict Management in the Construction Industry. The Forum will be held November 4-5 in Orlando, Florida. The Forum will cover dispute avoidance and resolution processes currently being used and how firms can benefit. Topics include best practices in Alternative Dispute Resolution (ADR). For more information on the Forum, go to www.adr.org under programs and seminars, or contact Mary Jo Champion at champion@adr.org.

Copyright © 2004 by the American Council of Engineering Companies (ACEC). All rights reserved. No part of this newsletter may be reproduced, stored in any form of retrieval system, or transmitted in any form or by any electronic, mechanical, photographic, or other means without the prior written permission of ACEC.

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