Mack Truck Exceptions to New Gift Provisions in Alabama

People in Alabama are falling over each other claiming that their ethics reforms give the state the best, toughest ethics laws in the nation. But when you take a closer look, some of them don't look all that good.

A principal reform involves finally placing limits on gifts, apparently a radical move. But oddly, the gift provisions give lobbyists and their clients separate limits, allowing $400 per combined lobbyist/client per year. But that's the good part. The bad part is, as so often, the exceptions to the law.

One state rep is quoted in a Birmingham News article yesterday as saying,"You could drive five Mack Trucks through the holes in that bill. It's not going to change one thing." The biggest hole is the "educational function" exception. It is defined in an upside-down manner. It has to be something that "could not reasonably be perceived as a subterfuge for a purely social, recreational or entertainment function."

What sort of guidance does this provide? Think about it. If a lobbyist takes advantage of the exception, there is a good chance that it could reasonably be perceived as a subterfuge, at least by anyone not caught up in the whole game of wining and dining government officials. But that would make the exception useless, which was clearly not the intent, so the definition must not refer to the perceptions of real people. Once you establish this, you are on the other side of the looking glass, where there is neither guidance nor a hook to hang enforcement on.

And that's not all. There are other exceptions that make the gift provision worthless. One is the "widely attended event," which includes dinners and receptions at which more than 100 people "with a diversity of views or interests" are expected (of course, they don't have to come, so a gun manufacturer could invite dozens of liberals who wouldn't dream of showing up, and still meet the requirement). Also exempted are events tied to conventions and conferences, events tied to economic development and trade promotion, and any event where the official will be "meaningfully participating" in his or her official capacity. One Mack truck after another.

With all these exceptions, a gift provision is not going to change the culture, as so many people are saying. If the culture is as bad as they say, with officials partying just about every night on the tab of lobbyists and their clients, exceptions might slow things down a bit, but will mainly require a little more work on the part of lobbyists and event consultants.

Robert Wechsler
Director of Research-Retired, City Ethics

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