The 'no cup of coffee' rule

Colorado recently joined the states that have set strict limits on lobbyist-legislator interactions with Amendment 41, but questions and problems have followed with the enforcement of it. I'm now sitting in a seminar led by legislators from states that have compeletely banned gifts to legislators and public officials. This is timely in light of the recent passage of the well-publicized ethics legislation in Congress.

While most here in the room agree that lobbyists are necessary in government to inform and advocate a position, most are also in favor of either (a) complete disclosure of all lobbyist activity or (b) a complete ban on gifts to legislators, even a cup of coffee. As far as reporting, I've always thought that the onus should be on the legislator. The issue of a complete ban is popular here among many -- one legislator just used a football analogy: what if a coach routinely purchased meals for the referee?

Is full disclosure sufficient? I guess the concept is that if people can find out about every meal that is purchased, legislators are less likely to engage in activity that would be perceived as corrupt. If you poll all legislators around Arkansas and the nation, I can tell you beforehand that 100% will report that they can't be bought. Still, it's the perception that gifts or meals purchase influence in government, and the public is uncomfortable with that.

The current law in Arkansas requires disclosure by legislators if anything of value is given in an amount of $100 or more. However, there are lots of exceptions. Here's a link to the current statute: Ark. Code Ann. §21-8-402. Lobbyists are required to report at a $40 threshold (Ark. Code Ann. §21-8-604).

I supported a complete disclosure bill that passed the House in 2007. It also incorporated some further campaign contribution restrictions, which I think caused its demise. Campaign finance restrictions, which also should be included on any discussion of ethics and reciprocity/quid pro quo concerns, aren't discussed in this seminar. I anticipate that a full disclosure bill will be filed on its own in 2009. Like everything else in the next session, its passage will depend largely on the new group of freshman legislators yet to be elected. Until a new law is enacted, the public's sense of distrust won't be as intense so long as people abide by the Lou Holtz "do right" rule and stand up for what's right.