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 Post subject: Proposed End to Pay to PLay?
PostPosted: Sat Jan 09, 2016 9:21 am 
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Joined: Thu May 01, 2008 8:25 pm
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An article found in Advance Indiana highlighting some proposed legislation seems to have some merit.

Quote:
Saturday, January 09, 2016
Legislation Seeks To End Pay-To-Play In Local Government

State Sen. Liz Brown (R-Fort Wayne) has introduced SB 367, which would prohibit local government contractors from making political contributions to local elected officials responsible for those contracting decisions and for a period of time after a contract is awarded. "Taxpayers expect their government officials to operate with the highest levels of transparency and ethical decision making," Brown said in a press release. "Senate Bill 367 will ensure that local officials aren’t being swayed to award or maintain government contracts by political contributions to their personal campaigns. Hoosiers don’t want their officials involved in pay-to-play schemes."

The prohibition contained in SB 367 applies to current contract holders and those bidding on contracts. For a current contract holder, the ban begins on the date the contract is awarded in ends on the later of four (4) years after the date the contract is awarded, or one year after the expiration or termination of the contract. For those who don't currently have a contract, the prohibition takes effect on the date the solicitation is issued and ends on the date the contract is awarded. Anyone bidding on a contract is required to provide a statement under penalties for perjury that no contributions have been made in violation of the law. Contracts awarded to persons who violate the proposed law are deemed voidable.

Brown's legislation includes a 30-day grace period under which a person who has violated the law can return the contribution and provide a written statement with the local government contract officer. A contract officer can avoid voiding a contract awarded in violation of the law if it is determined that doing so would not be in the best interests of the political subdivision. Offerors found in violation of the law are to be considered non-responsive offerors for a period of three years following the violation. An existing contractor shall be considered a non-responsive offeror for a period of three years only if the contract held by that contractor is voided.

Brown's legislation creates no independent criminal penalties for violation of the law, although it could be argued a person who submits a false statement of compliance with the law could be prosecuted for perjury. It also has no applicability to state government. State elected officials are no less prone to pay-to-play schemes than local government officials. Nonetheless, it's a good start.

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XMPT wrote in Dermott Minions now stating No Sweet House? Posted: Sat Mar 12, 2011 9:04 am. Hammonite you might want to say a prayer to your God for freetime. She got back what she dished out.


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