By SHERRY HALBROOK
Sometimes an amendment can be even more important than the law or pending legislation it is meant to change, and that could be said of the “Pay to Play” amendment attached to a federal highway aid bill — H. R. 3, the Transportation Equity Act. 

While PEF is very interested in federal highway aid for New York, the union is also interested in the Pay to Play amendment, because it would allow states to restrict private contractors from bidding on state contracts if they make campaign contributions to officials who may decide who gets the contracts. 

The term “pay to play” means giving large campaign contributions in hopes that the politician will help you get lucrative government contracts, a practice that has become all too common throughout government from small municipalities to the national level. 

“Such anti-corruption laws are critical,” said PEF President Roger Benson, “to help stop the threat of real and apparent corruption resulting when state contracts go to big campaign contributors.”

The Pay to Play Amendment was introduced by three New Jersey congressmen. 
In 2004, the Federal Highway Administration ruled a state of New Jersey executive order that prohibited campaign contributors from bidding on state contracts violated federal competitive bidding requirements. 

“New Jersey was forced to suspend that portion of the executive order to avoid losing its federal highway funding. So, unless this amendment is adopted, states will not be able to stop contractors from contributing to the campaigns of the officials who award these contracts.”
The amendment is attached to the Transportation Equity Act, which would reauthorize the federal aid surface transportation program through September 2009. It was passed March 10 in the House of Representatives.

This bill represents a 42 percent increase in funding for highways, transit, and safety programs compared to the previous six-year bill. 

It would reauthorize appropriations from the Highway Trust Fund for: 
• Specific highway programs; 
• Research and technology; 
• Motor carrier transportation and safety; and 
• Transportation research and education. 

New York State could receive as much as $10.5 billion in federal highway money over the next six years under this $284 billion transportation package passed in the House. That’s up approximately $2 billion from the previous six-year package, even though New York’s share of the total funding is smaller. 

Sen. Chuck Schumer has said he is hoping for a $300 billion highway funding bill in the Senate. 

After the Senate acts, the two bills will go to a joint conference committee for reconciliation of their differences. New York Rep. Sherwood Boehlert will likely be part of negotiations when House and Senate leaders convene to decide each state’s share.
The president is threatening to veto this bill.