Ethics: Lobbying and Ethics Reform: Pay-to-Play

May 5, 2005 -- Legal Center Urges Senate to Support "Pay to Play" Laws

On May 5, 2005 the Campaign Legal Center sent a letter to every member of the U.S. Senate urging their support for the Government Contracting Reform Amendment to the Safe-TEA/TEA-LU Highway bill, which protects the right of states to enact and enforce "pay to play" laws.

The amendment is sponsored by Senators Lautenberg and Corzine and would amend the transportation legislation to not prohibit "a state from enacting a law or issuing an order that limits the amount that an individual that is a party to a contract with a State agency under this section may contribute to a political campaign."

The Legal Center 's letter notes that "for more than 50 years, federal law has prohibited political contributions to federal candidates from federal government contractors. In recent years, state and local governments around the nation have followed Congress ' lead by enacting similar "pay to play" laws to protect the integrity of the procurement process."

"The right of states to enact and enforce "pay to play" laws has recently come under threat by the Federal Highway Administration affecting state laws in Kentucky, Ohio, New Jersey, South Carolina, and West Virginia. Furthermore, the Highway Administration action curtails the rights of others states around the nation to enact their own "pay to play" laws."

Click here to read the full text of the letter.

Legal Center Addresses Pay to Play in Letter Sent to the Senate Committee on Environment and Public Works

On March 15, 2005, the Legal Center sent a letter to the Senate Committee on Environment and Public Works in support of Sen. Frank Lautenberg's (D-NJ) Pay to Play Reform Protection Act (S.237). The bill would make clear that federal law does not prohibit a state from enacting limits on political contributions from individuals who bid on state highway construction contracts involving federal funds.

The Legal Center also supported the House version of the law, sponsored by Rep. Bill Pascrell (D-NJ), which was approved last week.

To view a copy of the letter, click here.

Legal Center Addresses Pay to Play in Letter sent to the House Transportation and Infrastructure Committee

On February 25, 2005, the Legal Center sent a letter to members of the House Transportation and Infrastructure Committee urging them to incorporate the Pay to Play Reform Protection Act (H.R. 439) into the pending federal highway appropriations bill (H.R. 3). The Pay to Play Reform Protection Act is a response by Congressman Pascrell (D-N.J.) to the Federal Highway Administration's determination late in 2004 that a State of New Jersey pay to play executive order violates the federal law requirement for competitive bidding on contracts involving federal highway funds. Enactment of the Pay to Play Reform Protection Act would clarify that federal law does not "prohibit a state from enacting a law or issuing an order that limits the amount of money an individual, who is doing business with a state agency for a federal-aid highway project, may contribute to a political campaign."

To view a copy of the letter, click here.