Spurred by a rash of recent corruption scandals, the state Legislature is considering changes to the state ethics law.

Again.

But state Sen. Lloyd Smucker says momentum is building and that things will be different this time.

The West Lampeter Township lawmaker is leading the effort in the Senate to make a dent in the culture of corruption that is perceived to pervade state politics.

It’s an issue he and his Lancaster County colleagues believe needs to be examined and corrected.

To accomplish that task, Smucker is pushing legislation that would prohibit officials from accepting cash gifts from lobbyists or anyone else who has a stake in public policy.

While Smucker believes the bill is a major improvement — he feels more could and should be done to give Pennsylvanians renewed faith that their public servants are serving the public.

“Pennsylvania’s wide-open gift law isn’t really defensible from a policy standpoint and it’s increasingly unacceptable from a public standpoint,” the lawmaker said during a hearing on the topic last month in the state Capitol. “The fact that most legislators either do not accept gifts or abuse the process is no longer much of a justification.”

Smucker told his colleagues on the state government committee that the question before them is not whether they should take action, but how far they should go to fix a flawed system.

The rules

When it comes to politicians accepting gifts — from meals at fancy restaurants to a getaway at a vacation resort — Pennsylvania has some of the weakest rules in the nation, a longtime government reform advocate testified at the hearing.

There is nothing illegal about accepting gifts of any kind as long as elected officials report it to the Ethics Commission.

The law sets no limit on the amount of gifts a lawmaker can accept. The only rule they have to follow is that they document those gifts if the value is more than $250 — $650 if the gift is tied to travel, lodging or hospitality.

There are a few simple rules contained in the current ethics law, which was enacted in 1979 and has been updated twice. The act:

• Prohibits government employees from accepting money, gifts or favors in exchange for services.

• Requires anyone holding or running for public office to disclose their financial or business interests.

• Makes it illegal for government officials to issue proposals, votes or rulings that could benefit them or their families financially.

But since a complaint must be filed to trigger an investigation, lawmakers must police themselves.

Why fix it now?

The call to reform state ethics laws grew in response to a Philadelphia Inquirer report earlier this year that four state legislators were caught on tape accepting cash from an informant masquerading as a lobbyist.

Accepting the money was legal but failing to report the gift was not.

But Attorney General Kathleen Kane dropped the investigation of the undercover sting operation because, she said, it was “poorly conceived, badly managed and tainted by racism” — stating that it purposely targeted African-American lawmakers.

None of the four Philadelphia-area Democrats named in the report have been charged with a crime.

A few days after news of that investigation broke, the state Ethics Commission found that three former Pennsylvania Liquor Control Board members took gifts from companies that wanted to sell their products in the state.

PLCB CEO Joe Conti, board chairman P.J. Stapleton and marketing and merchandising director James Short accepted more than $23,000 in gifts and failed to disclose them.

The Ethics Commission decided not to prosecute the violations, instead agreeing to allow the officials to pay restitution to the state and file proper disclosure forms about the gifts.

Proposed changes

“The good news is that the latest series of scandals has created the momentum you need to elevate the integrity of our government and restore citizen confidence,” Barry Kauffman, executive director of Common Cause Pennsylvania, told lawmakers at the hearing.

The momentum does appear to be building in the General Assembly for more restrictive rules regarding gift-giving to government officials.

Sign up for our newsletter Success! An email has been sent with a link to confirm list signup. Error! There was an error processing your request.

The Senate has already passed the ban on public officials receiving cash gifts, which the House is expected to take up soon. But Smucker is already looking ahead.

The Republican said he intends to introduce legislation soon that would propose a full gift ban with just a few exceptions. Smucker said he is optimistic the bill could be passed before the 2014 session ends.

“The public should have the confidence that legislators are making decisions based on their best interests and not there to line their own pockets,” he said. “This would just be one step.”

Dave Hickernell acknowledged that members of the Legislature can be seen after work having dinner or indulging in a few drinks with lobbyists. But the West Donegal Township lawmaker said he tries to avoid those scenarios.

“I’m all for doing it the right way so we can show the public that we aren’t taking advantage of the system,” he said.

Gordon Denlinger of Narvon and Keith Greiner of Leola said that they would support any form of legislation that could help restore credibility to the Legislature after the recent scandals.

But not everyone thinks placing a complete ban on all gifts is realistic.

Peach Bottom lawmaker Bryan Cutler and his colleagues in the bipartisan, bicameral government reform caucus have instead agreed to push for much lower limits on the size of gifts that have to be reported.

The Republican said this proposal has a better chance of getting passed than a full ban. But both bills face an uphill climb.

“The short answer is that we don’t have enough votes. There is an argument that this is the way things have always been. I would argue that’s the reason why it should change,” he said.

Lancaster city Democrat Mike Sturla said that he supports placing more restrictions in the gift policy, but pointed out that corruption is always possible no matter how many laws are in the books.

“I’m not making an excuse for anything — it’s just that making the rules doesn’t mean you actually stop the practice in all cases,” he said.

A larger view

The Keystone State is one of just 11 states that allow government officials to take personal gifts of unlimited value as long as the item is not intended to influence official action, according to the National Conference of State Legislatures.

On the other end of the spectrum are nine states that have total gift bans — making them what the NCSL refers to as “no-cup-of-coffee” states.

The rest of the states allow gifts but with limits, such as caps on how much an individual donor can give an official over a calendar year. The limits range from $3 per day in Iowa to $500 in Texas, according to NCSL figures.

There are quirky exceptions that make gift laws different in all 50 states. Florida, for instance, allows gifts only on the opening day of its legislative session, when officials are given bouquets.

One state that could be used as a model is Kentucky.

A representative from the Kentucky Legislative Ethics Commission gave the State Government Committee ideas for how Pennsylvania might be able to tighten its own laws.

H. John Schaaf testified about how Kentucky enacted some of the toughest ethics measures in the country in response to a scandal in which several lawmakers were charged in 1993 with violations by the FBI.

Kentucky law bans:

• Lobbyists from contributing to legislators or legislative candidates.

• Political-action committees or employers of lobbyists contributing to legislators and candidates during Kentucky’s legislative session.

• Lobbyists spending any money on food or beverages for lawmakers, candidates or their immediate families.

• Lobbyists giving anything of value to a legislator or candidate or the spouse or child of a legislator or candidate.

• Legislators using their office for private gain.

Smucker liked what he heard.

“The comprehensive reform that some states have put in place show that the system can be changed, but it will be up to us to get it done,” he said.