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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
public officers; lobbying; prohibition
Purpose
Prohibits a public officer from engaging in lobbying for compensation before any public agency.
Background
A public
officer includes all elected and appointed officers of a public agency
established by charter, ordinance, resolution, state constitution or statute (A.R.S.
§ 38-502). A public officer or employee may not represent another person
for compensation before a public agency that:
1) employs the officer or employee; 2) employed the officer or employee within
the preceding 12 months; or 3) the officer or employee serves or served within
during the preceding 12 months concerning any matter that directly concerned
the officer or employee and in which the officer or employee personally
participated during their employment or service by a substantial and material
exercise of administrative discretion. Additionally, a public officer or
employee may not use or attempt to use their position to secure any valuable
thing or benefit for themselves that would not ordinarily accrue to the officer
or employee in the performance of their official duties (A.R.S.
§ 38-504).
A lobbyist for compensation is a lobbyist who is compensated for the purpose of lobbying on behalf of a principal and who is listed by the principal in its registration (A.R.S. § 41-1231). Before any principal causes any lobbying to occur on its behalf, the principal must register with the Secretary of State (A.R.S. § 41-1232). A person who is a designated lobbyist, lobbyist for compensation, authorized lobbyist, designated public lobbyist or authorized public lobbyist must disclose the fact that they are a lobbyist to: 1) any legislator the person is lobbying for the first time or on any subsequent request of a legislator; and 2) any public official or employee of a public body each time that the person is lobbying for the procurement of materials, services or construction (A.R.S. § 41-1233.01).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a public officer from engaging in lobbying for compensation before a public agency.
2. Makes technical changes.
3. Becomes effective on the general effective date.
House Action
RA 2/1/23 DP 7-0-0-0
3rd Read 2/22/23 44-16-0
Prepared by Senate Research
March 6, 2023
AN/CS/slp