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Pay to Play Law Blog Articles, Resources, Insights on Pay to Play Regulations on the Federal and State Level

Tag Archives: pay to play legislation

Pay-to-Play Developments to Watch For in 2013: Is Federal Lobbyist Pay-to-Play on the Table?

Posted in Federal Government

In a post I wrote for the Politics, Law and Policy Blog, I noted that change is coming to Washington in the form of an anticipated overhaul of federal election and tax laws. You can read the whole post here but federal lobbyists – and those who employ them – should take particular note of an initiative launched this week by an organization known as “United Republic”.

SEC Gives Registered Investment Advisers More Time to Bring Themselves Into Compliance with the “Pay-to-Play” Ban on Third-Party Solicitation

Posted in SEC

For more than two years, this blog has been covering the Securities and Exchange Commission’s foray into the world of pay-to-play regulation and the Commission’s attempt to implement federal pay-to-play restrictions for registered investment advisers. The latest chapter in this long and winding saga occurred earlier this month, when the SEC formally extended the compliance date for the third-party solicitation ban imposed by the recently-crafted amendments to Rule 206(4)-5 under the Investment Advisers Act of 1940.

Federal Appeals Court Upholds New York City Pay-to-Play Rules

Posted in New York

Through its recent decision in Ognibene v. Parkes, the Second Circuit Court of Appeals has rejected a constitutional challenge of New York City’s political contribution limits on “lobbyists” and others having business dealings with the City (a/k/a the “pay-to-play” rules), finding that such limits do not violate First Amendment free speech rights.

Transparency Advocates Look to the SEC to Accomplish What Congress, The White House, and the IRS To-Date Have Not

Posted in Federal Government

By Stefan Passantino & Ben Keane   It has been almost exactly 19 months since the Supreme Court handed down its controversial decision in Citizens United v. Federal Election Commission, but the plot continues to thicken as those favoring mandatory corporate disclosure of political activities look for a non-judicial fix to the ruling.    To date,… Continue Reading

There is DEFINITELY a New Sheriff in Albany – Governor Cuomo Proposes Sweeping Ethics and Pay-to-Play Reform

Posted in New York

Having apparently abandoned all hope of reforming New York’s Congressional delegation, Governor Cuomo has concluded that it’s time to focus on New York State ethics and disclosure. This week, Governor Cuomo announced that he, Senate Majority Leader Dean Skelos and Assembly Speaker Sheldon Silver had reached a three-way agreement on a substantial ethics reform package. The “Public Integrity Reform Act of 2011″ proposes sweeping changes across a number of ethical disciplines.

Prince George’s County, Maryland Adopts a Different Approach to Pay-to-Play

Posted in Maryland

Nothing gets a legislator in the mood for regulatory action like press accounts of one of their own getting busted for pocketing a few dollars in exchange for government largess. Legislation is moving through the Maryland General Assembly at precisely the same pace as Prince George’s County Council member Leslie Johnson moves through the Maryland criminal justice system.

Los Angeles Passes its Pay-To-Play Ordinance

Posted in California

As we anticipated for you last November, Los Angeles has passed into law an ordinance establishing pay-to-play restrictions. The measure passed by a 75% -25% margin and targeted city contractors who are perceived to make their living procuring contracts greased by campaign contributions.

SEC Pay-to-Play Rule Factor in Republican GOP Presidential Primary Fundraising Battle

Posted in SEC

Recent commentary on the SEC’s new pay-to-play rules has generally focused on the lack of certainty to the business community on how these rules will be applied, as well as the administrative difficulties that will likely arise as the rule first goes into effect. RealClearPolitics has an interesting new take on the regulations, which focuses on how this could impact the 2012 Republican Presidential Primary.

New Jersey and Pennsylvania Highlight Different Approaches to Pay-to-Play Enforcement

Posted in Pennsylvania

The only consistent element one can discern from state and local pay-to-play enforcement is that municipal approaches to enforcement vary widely. Local legislation and enforcement is driven far more by politics and past scandal than a desire to afford the regulated community with consistent national application. Recently, this blog engaged in something of a back and forth with the public interest group CityEthics.org over realistic approaches to pay-to-play enforcement. Trenton, New Jersey’s City Hall and Pennsylvania’s House of Representatives now offer the most recent embodiment of these tensions.

Lay of the Land 2011

Posted in Articles

Pay-to-play laws at the state and municipal levels are in a constant state of transition – a tendency which does not look to abate in 2011. We thought it might be helpful to categorize a few representative jurisdictions to highlight some recent trends.

“Pay-to-Play” Restrictions Debated in Newark: Unfair Advantage for Popular Mayor?

Posted in New Jersey

The recent “pay-to-play” proposals in Newark, NJ have been criticized by some public officials for a rather novel reason: they can’t pick up the phone and call Oprah for a contribution like their popular Mayor, Corey Booker, can. While the proposed legislation in Newark is in its infancy and is likely to change, it appears to be aimed at limiting contributions from local redevelopment companies.

Look For Proposed Pay-to-Play Regulation on the March Ballot in Los Angeles

Posted in California

The Los Angeles City Council is expected to approve a recommendation to place a measure on the March 2011, Los Angeles municipal ballot banning bidders on LA contracts from making contributions or fundraising for City officials or candidates. The recommendation was made by a unanimous vote of the Los Angeles City Ethics Commission earlier this month. The Commission chose to enhance the bite of the proposed ban on bidder contributions by adding further recommended restrictions.

Congress “Paves the Way” for Pay-to-Play Regulation of Federal Highway Administration Procurement Practices

Posted in Federal Government

The House recently passed the “State Ethics Protection Act of 2010″ to avoid a growing concern that Federal Highway Administration procurement rules were in direct conflict with state-mandated pay-to-play laws. This can be viewed as a potential signal that Congress is getting closer to expanded pay-to-play regulation of its own.

NJ Governor Christie Proposes Sweeping Ethics Reform Package; Robust New “Pay-to-Play” Provisions On the Horizon

Posted in New Jersey

New Jersey Governor Chris Christie recently announced an ambitious proposal to overhaul New Jersey’s ethics regulations The proposals by Christie, who campaigned vigorously on ethics reform, also contain several new “pay-to-play” regulations. An announcement from the Governor’s office announced three proposals which would directly address New Jersey’s current “pay-to-play” regime.

Second Circuit Upholds Connecticut Pay-to-Play Law

Posted in Connecticut

In a much anticipated opinion, the United States Court of Appeals for the Second Circuit has upheld significant portions of Connecticut’s pay-to-play law. Interestingly, while the Court upheld the state’s very strict prohibition against contractors from contributing to the campaigns of state candidates, it invalidated a similar provision as applied to state lobbyists.