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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
AMENDED
public officers; lobbying; prohibition
Purpose
Prohibits a public officer from engaging in lobbying and exempts a public officer engaging in lobbying when acting in their official capacity from the prohibition.
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).
Before any
principal causes any lobbying to occur on its behalf, the principal must
register with the Secretary of State (SOS) (A.R.S.
§ 41-1232). A person who is listed by a principal as a lobbyist for
compensation, designated lobbyist or designated public lobbyist must register
with the SOS and must read a handbook written and prescribed by the SOS
containing statutes and rules governing lobbyists. The lobbyist registration
form must include: 1) the name of the lobbyist;
2) the business name and address of the lobbyist; and 3) a statement that the
lobbyist has read the lobbyist handbook (A.R.S.
§ 41-1232.05). 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). Lobbying is attempting to influence the passage or
defeat of any legislation by directly communicating with any legislator or
attempting to influence any formal rulemaking proceedings by directly
communicating with any state officer or employee (A.R.S.
§ 41-1231).
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, except when acting in the public officer's official capacity.
2. Defines public officer as an elected officer of a public agency established by charter, ordinance, resolution, state constitution or statute.
3. Makes technical changes.
4. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Specifies that a public officer is prohibited from being a registered paid lobbyist, rather than prohibiting a public officer engaging in lobbying for compensation before a public agency.
2. Exempts a public officer engaging in lobbying when acting in the public officer's official capacity from the prohibition on a public officer being a registered paid lobbyist.
Amendments Adopted by Committee of the Whole
1. The committee amendment was withdrawn.
2. Prohibits a public officer from engaging in lobbying, rather than engaging in lobbying for compensation before a public agency.
3. Exempts a public officer engaging in lobbying when acting in the officer's official capacity from the prohibition.
4. Defines public officer.
House Action Senate Action
RA 2/1/23 DP 7-0-0-0 GOV 3/8/23 DPA 5-3-0
3rd Read 2/22/23 44-16-0
Prepared by Senate Research
April 5, 2023
AN/CS/slp