Don’t be tricked into thinking lawmakers are giving up treats
It’s appropriate that Pennsylvania lawmakers chose the Halloween season to boast about finally making progress toward a “gift ban.”
Don’t be tricked into believing they really are going to give up all of their treats.
On Monday, the House State Government Committee unanimously endorsed legislation that would limit gifts to state elected officials and employees.
Don’t mistake it for a gift ban, as some lawmakers are describing it.
It applies only to gifts from lobbyists. And lobbyists still could annually give gifts worth up to $250 to a state official or employee (though no gifts of transportation, lodging, recreation and entertainment would be allowed).
If the legislation, House Bill 1009 by Rep. Aaron Kaufer, R-Luzerne, were to become law, anyone else still could shower state officials and workers with gifts. All the recipient would have to do is list them on their annual ethics disclosure form.
Pennsylvania is one of the few states without limits on gifts to lawmakers, who earn at least $90,335 a year, third-highest in the nation. Most cash gifts are prohibited from being accepted under legislative rules, enacted after a 2014 scandal where several lawmakers allegedly accepted cash from a lobbyist working undercover for the state attorney general.
Lawmakers routinely rake in all sorts of goodies, including travel, booze, meals and tickets to sporting and other events.
In 2018, lawmakers received more than $83,000 in free trips. In 2020, with the COVID-19 pandemic limiting travel and lobbying opportunities, lawmakers didn’t receive much of note.
Some lawmakers want to do the right thing and ban gifts from everyone. A few of them called for that during Monday’s committee meeting.
“Just ban gifts. Stop with the exceptions,” said Rep. Jared Solomon, D-Philadelphia. “That sends a message to the public that we’re serious about a cultural shift.”
He pointed out that language in the legislation is vague. It would prohibit only gifts for “non-governmental use,” without defining what that means.
Solomon has received gifts in the past.
Associated Press reported in 2019 that a car dealer gave him 10 tickets to an auto show worth $300. Solomon told the AP the tickets were used by his staff and their family members, and he later set a new policy to refuse most gifts.
He said Monday that Democratic Gov. Tom Wolf set a “gold standard” by prohibiting all executive branch employees from accepting any gift. He said the Legislature should follow.
Solomon’s comments were echoed by other lawmakers, from both parties, who said House Bill 1009 doesn’t go far enough.
“There shouldn’t gifts from anybody, including citizens,” said Rep. Frank Ryan, R-Lebanon. “Citizens shouldn’t be providing you gifts, either. There should be a 100% prohibition on gifts, period.”
The bill passed the committee unanimously, 24-0. Rep. Ryan Mackenzie, R-Lehigh, was among those supporting it.
“This is a step in the right direction,” added Rep. Malcolm Kenyatta, D-Philadelphia. “We have it in our capacity to actually go the whole way.”
They do. And it wouldn’t be hard. There are other bills pending, with bipartisan support, that would go further.
Senate Bill 401, by Sen. Lisa Baker, R-Luzerne, would prohibit all public officials and employees, at all levels of government, from accepting any gift from a lobbyist, and gifts of more than $50 from someone seeking “official action” from the official or employee.
The total value of gifts would be capped at $250 annually.
Exceptions would be made for gifts given on the basis of “legitimate personal friendship” or family relationship; items of nominal value such as pens and T-shirts; awards or prizes available to any member of the public; honorary degrees and nonmonetary public service awards; plaques, trophies or other commemorative items valued at $100 or less; and voluntary gift exchanges with staff.
House Bill 1273 by Rep. Joe Webster, D-Montgomery, is even stronger.
It would not allow public officials and employees, or their spouses, to accept gifts from anyone doing business or seeking business with their government; from paid lobbyists; from anyone whose activities are regulated by their government; and from anyone whose “economic interest” may be “substantially affected” by the official or employee’s performance or duties.
Gifts from relatives and friends could be accepted only if they do not meet any of those criteria.
It’s no surprise that the legislation proposed by Webster and Baker has not moved since being introduced. Lawmakers have chosen to proceed with the less restrictive legislation from Kaufer.
Pennsylvania’s state legislators are expert tricksters, and they sure love their treats.
Lawmakers routinely rake in all sorts of goodies, including travel, booze, meals and tickets to sporting and other events.