PA’s Lack Of Gift Law Criticized By Government Watchdogs

By Kyle Gibson| Watchdog.org

Despite past efforts by some lawmakers, the state of Pennsylvania does not have a ban on gifts that legislators can receive.

In late 2014 and early 2015, five current and former members of the state’s General Assembly were charged with bribery and other charges in connection with their acceptance of cash gifts from a lobbyist. This led to proposed legislation to ban cash gifts, but a ban never took place, according to the Citizens Alliance of Pennsylvania.

Instead, the Pennsylvania House and Senate changed chamber policy to prohibit cash gifts from lobbyists, but the law itself didn’t change.

Leo Knepper, chief executive officer of the alliance, said the lack of a gift ban is part of a broader culture within the state’s legislature.

“There has been a culture of ‘get everything you can’ in Pennsylvania’s General Assembly for a long time and the lack of a gift ban is just another component of that,” Knepper said.

Under Pennsylvania ethics laws, the release said lawmakers are required to disclose gifts of more than $250 per year. Lawmakers also are required to disclose any transportation, lodging and hospitality worth more than $650.

Knepper said many gifts that are under the $250 and $650 thresholds might never be disclosed under current law.

“There could be quite a bit of gifts that are being given that do not cross the threshold, that do not ever have to be declared,” Knepper said.

In January, Rep. Rick Saccone, R-39th District, introduced a bill to ban gifts. The bill, HB39, would ban both public officials and employees from receiving gifts from certain types of people.

HB39 said public officials or employees should not solicit, directly or indirectly, transportation, lodging, hospitality or anything of value as a gift from any person who has or is seeking a contract or financial relationship with the lawmaker or government body, is paid to influence the passage or defeat of legislation, conducts operations or activities regulated by the lawmaker or governing body, or has an economic interest that might be substantially affected by the lawmaker or governing body’s performance.

Knepper said the bill also did a good job of allowing for certain exceptions, such as training. Exceptions to the ban include gifts from a relative or friend (unless they fall in one of the categories listed above), a lawfully made contribution, informational materials not deemed to be entertainment, awards open to the public, honorary degrees, training and light refreshments if provided in a group setting and intended for mass consumption.

“I think one of the problems that come up with gift legislation is that it is overly broad and kind of impossible to enforce,” Knepper said. “I think that Rep. Saccone took a very measured approach,”

Jessica Barnett, a policy analyst at the Commonwealth Foundation, said Saccone’s bill is a starting point, but the state also would need to undergo a culture change.

“For instance, most gift bans exempt gifts from spouses and family, but lawmakers and staff members often marry lobbyists, as an examination of Harrisburg’s most influential lobbying firms will reveal,” Barnett said. “The most effective policy encourages lawmakers to fully consider where state government lacks accountability and change those systems.”

The release from the Citizens Alliance of Pennsylvania said there has yet to be a hearing on Saccone’s bill since it was introduced in January. Knepper said the legislature has had a lot on its agenda in 2017, but time still could have been made for the bill.

“If they wanted to make the time for the issue, they could,” Knepper said. “They have not, but there has been quite a bit going on.”

One sign pointed out as a positive by some good government groups was Pennsylvania Gov. Tom Wolf imposing a gift ban on the state’s executive branch upon taking office in 2015.

Micah Sims, executive director of Common Cause Pennsylvania, said his organization was hoping to use the ban to spur a similar change in the legislature.

“We at Common Cause Pennsylvania were hopeful that we would be able to take that and use it as an initiative and look at a total gift ban in the entire legislature,” Sims said.

The size and scope of Pennsylvania’s legislature, which has 253 full-time members, makes it tough for government watchdogs to keep track of all gifts and legislator activity, he said.

“I think it’s not happening because it’s hard to teach an old dog new tricks,” Sims said. “It’s really hard to implement things like that, something that is kind of really about true government reform in a state legislature that is just used to doing what it is doing how it is doing it and oftentimes not being held accountable.”