ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature First Regular Session
	House: RA DP 7-0-0-0 | 3^rd Read 44-16-0-0 Senate: GOV DPA 5-3-0-0 | 3^rd Read 16-13-1-0 Final Pass:  31-26-2-0-1

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HB 2377: public officers; lobbying; prohibition

Sponsor: Representative Biasiucci, LD 30

Transmitted to the Governor

Overview

Prohibits a public officer from representing a person for compensation before any public agency.

History

Title 38, Chapter 3, Article 8, details conflict of interest by public officers and employees of incorporated cities or towns, political subdivisions and the state, its departments, commissions, agencies and boards (A.R.S. 38-501).   Further, Title 41, Section 1231 describes lobbying:

(a) Means attempting to influence the passage or defeat of any legislation by directly communicating with any legislator or attempting to influence any formal rulemaking proceeding pursuant to chapter 6 of this title or rulemaking proceedings that are exempt from chapter 6 of this title by directly communicating with any state officer or employee.

(b) Includes, for a person who is otherwise required to be registered as a lobbyist for compensation pursuant to this article, attempting to influence the procurement of materials, services or construction by an agency as defined in section 41-1001, including the office of the governor.

Statute defines public officers as all elected and appointed officers of a public agency established by charter, ordinance, resolution, state constitution or statute.  Employee means all persons who are not public officers and who are employed for compensation by an incorporated city or town, political subdivision or the state, its departments, agencies, boards or commissions.  Further, public agency includes the courts, the state's departments, agencies, boards, commissions, legislative or administrative bodies of the state, its counties, incorporated cities and towns and any other political subdivision (A.R.S. 38-502).

Provisions

1.  Stipulates that a public officer cannot lobby, except when acting in his or her official capacity.  (Sec. 1)

2. Clarifies that an officer is a public officer.  (Sec. 1)

3. Defines public officer to mean an elected officer of a public agency established by charter, ordinance, resolution, state constitution or statute. (Sec. 1)

4. Makes conforming changes.  (Sec. 1)

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                        HB 2377

Initials DC       Page 0 Transmitted

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