Jennifer Hensley, who has held the position of Commissioner of Political Practices since her nomination in January of 2011, was refused confirmation by the Senate.  The Senate Judiciary Committee held a brief confirmation hearing on Hensley’s nomination, but never voted on her nomination before adjournment of the legislative session.

Governor Schweitzer asked the top four Republican and Democratic legislative leaders to send him a list of nominees for the position by May 11.  The Governor may choose a nominee from the list or make an independent appointment to serve out the remainder of Hensley’s six-year term.

According to a Politico article by John Bresnahan: “Daniel Schwager, a lawyer on the Senate Ethics Committee, was approved by the House panel in a bipartisan vote Monday to take over the super-sensitive post, which had been vacant since January.”

You can read Roll Call’s coverage of the news by Emma Dumain here. Jordy Yager writes here in the Hill’s Blog Briefing Room.

The U.S. House of Representatives Committee on Ethics has a press release from May 2.

Photo of the U.S. Capitol Rotunda by UpstateNYer on Wikipedia.

Governor Martinez has signed Senate Bill 432 prohibiting state and local government employees who are involved in the contracting process from subsequently being employed by a contractor. The bill expands the existing Governmental Conduct Act to apply to state and local government employees involved in the procurement process.

Under the new law, state agencies are barred from entering into contracts with a business represented by a person who has been an employee of the state within one year if the value of the contract is in excess of $1,000 and the contract is a direct result of an official act by the former employee. The law becomes effective July 1, 2011.

The rule prohibits investment advisers from providing investment advisory services for compensation to a government entity within two years after a contribution to an official of that government entity is made, either by the investment adviser or by any covered associate of the investment adviser.  This prohibition does not apply to contributions made by a covered associate to officials for whom the covered associate was entitled to vote at the time of the contributions if the contributions did not exceed $350 in the aggregate to any one official, per election.  The prohibitions also do not apply to contributions made by a covered associate to officials for whom the covered associate was not entitled to vote at the time of the contributions if the contributions did not exceed $150 in the aggregate to any one official, per election.

An additional prohibition prevents an investment adviser from providing or agreeing to provide, directly or indirectly, payment to any person to solicit a government entity for investment advisory services unless that person is a regulated person or is an executive officer, general partner, managing member, or employee of the investment adviser.  Nor may such advisers coordinate or solicit any person or political action committee to make a contribution to an official of a government entity to which the adviser is providing or seeking to provide investment advisory services or payment to a political party of a state or locality where the investment adviser is providing or seeking to provide investment advisory services to a government entity.

The rule has two important compliance dates.  The March 14, 2011 date applied to investment advisers subject to the rule.  The other compliance date, September 13, 2011, is when investment advisers will no longer be able to use third parties to solicit government business except in compliance with this rule.  Additionally, advisers to registered investment pools have until the September 13 date to comply with this rule.