Lobbyist disclosure bill is better than nothing, but not good enough
The state Senate and House this week have taken overdue steps toward moving Pennsylvania in line with other states in terms of reporting of lobbyists' activities.
But as important as it is for Pennsylvania to shed the distinction of being the only state without lobbyist disclosure laws, some people are concerned that the provisions passed late Monday by the Senate and on Tuesday by the House don't go far enough.
After about four years of having no lobbyist laws whatsoever, most people would think that whatever comes out of Harrisburg to finally shed some light on the money and gifts flowing from lobbyists to state lawmakers is better than nothing. But several leading advocates for reform suggest that the new rules are weak — and that there is no excuse for Pennsylvania not having the best lobbyist laws in the nation. After all, 49 other states with laws already on the books represent models for Harrisburg lawmakers to mimic or modify.
Common Cause, a nonpartisan, good-government group, recently mailed out a report featuring the status of lobby reform in Pennsylvania. The article noted that between 2003 and 2006, significant improvements were made to lobbying laws in 16 other states. But during that same time, the article notes, Pennsylvania slept.
Indeed, it is disturbing that no prompt action was taken by state lawmakers to amend the 1998 law that was found to be unconstitutional by the state Supreme Court because it was interpreted as having the legislature regulate lawyers (who sometimes also happen to be lobbyists), while that power is reserved for the Supreme Court. Not surprisingly, it was a lobbyist-lawyer who brought the suit and had the state's lobbyist disclosure law thrown out.
It appears that lawmakers were in no hurry to have the public know how much money, meals, gifts and travel perks they were receiving, especially with expected feeding frenzy of lobbying related to casinos and slot machines coming to the state.
Now, nearly four years later, the Senate and House pass lobbyist disclosure legislation that is expected to be supported by Gov. Ed Rendell. The Senate had passed earlier versions of lobby reform, but the House did not follow through with any action to produce a new law.
The lobbist disclosure bills passed this week would:
• Require lobbyists to register with the State Department if they are paid $2,500 or more in a quarter.
• Require those who employ lobbyists (corporations, unions, trade groups) to register if they spend $2,500 or more a quarter.
• Mandate reports that break out how lobbying money was spent for salaries, benefits, travel and PR campaigns.
• Require lobbyists to report the general subject matter on which they were lobbying.
• Require that reports identify state officials who receive gifts valued at $250 or more. Similar reports would have to be filed when entertainment, meals and transportation exceeded a value of $650 in a year.
Tim Potts, co-founder of Democracy Rising PA, called the approved lobbyist disclosure bill a "miserable failure" and worries that there are loopholes that will cause corporations and other special interests to spread around their money by hiring more and more lobbyists spending just enough money or providing just enough meals, gifts and other benefits to remain below the radar related to the $2,500 spending threshold or the $650 trigger for reporting gifts, entertainment and travel.
Potts notes that an estimated $100 million a year is being spent in Harrisburg on lobbying and that those people spending that kind of money are getting what they pay for under the current system. If the legislature does not pass a strong lobbyist reporting and regulation law, the new regulations might prove to be only a minor inconvenience for lobbyists and lawmakers. The new law might not let the public see how money and favors flow in Harrisburg.
Potts says that if the just-passed version of lobbying reform becomes law it will give Pennsylvania one of the weakest laws in the United States. And because other states already have effective lobbyist regulation and reporting laws for Pennsylvania to copy, there is no excuse for such a weak law.
Potts and other reform-minded people fear that once state lawmakers approve this mild, loophole-laden lobbyist regulation law they will rebuff any further calls for improving the law, saying they have already dealt with the issue.
As CommonCause noted, lawmakers in 16 other states have been able to revisit lobbyist regulation and disclosure laws to make them tougher, close loopholes and make the lobbyist-lawmaker relationship more transparent. But as the men and women in Harrisburg have proven again and again, Pennsylvania is not like other states.