The Herald Bulletin

Afternoon Update

xSpecial Editorial Series: Access to Power

November 16, 2009

Editorial: Bauer’s lobby reform plan falls well short

Efforts to push legislative ethics reform through the Indiana General Assembly have long faced an insurmountable obstacle in the person of House Speaker Pat Bauer.

The South Bend Democrat, a fixture in the House for nearly 40 years, has the power to kill almost any bill that doesn’t meet his approval. Until recently, that meant doom for proposals to crack down on the cozy relationships lobbyists have built with lawmakers.

In October, however, Bauer unexpectedly announced his own reform package, including a one-year waiting period before legislators could become lobbyists. Bauer announced his plan five days after members of The Indianapolis Star Editorial Board informed the Speaker’s aides that 23 Indiana newspapers were preparing to launch an ethics reform campaign.

The Speaker is an important and welcome ally in the fight to reduce lobbyists’ access to power in the Statehouse. His plan, however, falls short on several key fronts.

Under Bauer’s proposal, legislators could still accept any gift, regardless of value, from lobbyists. For instance, the $2,900 trip that Bauer accepted from the Indiana Motor Truck Association a year ago still would be legal.

On the other side of the Statehouse, Senate President Pro Tempore David Long, R-Fort Wayne, also has signaled his support for passage of lobbying reform during the 2010 legislative session. The Senate plan, like Bauer’s, is expected to include a one-year cooling-off period before former lawmakers may start work as paid lobbyists.

To achieve comprehensive reform, the kind of change needed to maintain an appropriate distance between legislators and lobbyists, any legislation that emerges from the House and Senate should include the following provisions:

u Ban gifts worth more $50 in value: No reasonable justification exists for state senators and representatives to accept out-of-state trips, courtside seats at Indiana Pacers games or meals at the state’s finest restaurants from lobbyists. Such gifts buy lobbyists extended blocks of time with elected leaders. They do little or nothing, however, to further the public’s interests.

Florida has the nation’s strictest laws on gifts to legislators. Lawmakers there aren’t allowed to accept so much as a cup of coffee from registered lobbyists. Lower courts have upheld Florida’s restrictions, and the U.S. Supreme Court recently declined to hear a lawsuit filed by lobbyists on the matter.

Should Indiana adopt a zero-tolerance rule on gifts? Perhaps. But a more moderate standard could serve to end the culture of entitlement that permeates the Statehouse while also ensuring that legislators can meet freely with constituents.

u Require lobbyists to report all gifts: Under current law, lobbyists don’t have to disclose gifts, including meals, of less than $100 a day or $500 a year. Lobbyists also circumvent those requirements by splitting the cost of legislators’ meals among themselves and among their clients to stay under the reporting caps. In addition, events such as banquets in which all members of the General Assembly are invited are not legally considered lobbying, even if lobbyists are seated with legislators over dinner.

State law needs to be strengthened to require that lobbyists report all gifts, regardless of value, to ensure that the public knows who is buying time with elected leaders.

u Prohibit legislators from accepting gifts from anyone who does business with the state: Companies with state contracts can curry favor with legislators through campaign contributions and other handouts. Bauer’s proposal would bar such contributions. It’s a long overdue safeguard that the General Assembly needs to adopt.

u Bar state universities and colleges from providing gifts worth more than $50: Universities and colleges currently are exempt from even the minimal restrictions now placed on lobbyists. Yet, the schools regularly use public money to influence legislators, including requests for more tax dollars. Gifts include ready access to tickets for big-time college sporting events. The $50 gift cap proposed for lobbyists should be extended to universities as well.

u Institute a one-year cooling-off period for former legislators: The revolving door spins quickly at the Statehouse, with more than 30 former legislators now working as lobbyists. Some lawmakers have even resigned midterm to accept lucrative jobs with high-powered lobbying firms. The cooling-off period would reduce lobbyists’ ability to pressure prospective employees who interview for jobs while still in office.

Even longtime Statehouse leaders such as Bauer and Long acknowledge that the influence and pressure that lobbyists exert over lawmakers are on the rise. Existing laws are inadequate to protect the public’s best interests. It’s time to reduce lobbyists’ access to power. Time for reforms that give the Statehouse back to the people of Indiana.

— The Indianapolis Star

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