Assigned to GOV                                                                                                                              AS VETOED

 

 

 

 


ARIZONA STATE SENATE

Fifty-Sixth Legislature, First Regular Session

 

VETOED

 

AMENDED

FACT SHEET FOR H.B. 2377

 

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.

Governor's Veto Message

The Governor indicates in her veto message that H.B. 2377 creates meaningful First Amendment concerns through its definition of lobbying.

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            3rd Read           5/15/23                  31-26-2-0-1

Vetoed by the Governor 5/19/23

 

Prepared by Senate Research

May 23, 2023

AN/CS/slp