AS PASSED COMMITTEE
AMENDED
ARIZONA STATE SENATE
RESEARCH STAFF
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ANNA NGUYEN |
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LEGISLATIVE RESEARCH ANALYST GOVERNMENT COMMITTEE Telephone: (602) 926-3171 |
TO: MEMBERS OF THE SENATE
GOVERNMENT COMMITTEE
DATE: March 25, 2025
SUBJECT: Strike everything amendment to H.C.R. 2037, relating to government
Purpose
Adds, to the eligibility requirements for a member of legislative office, that the person has not been a lobbyist for one year immediately preceding the primary election. Adds, to the eligibility requirements for a member of statewide office, that the person has not been a lobbyist for two years immediately preceding the primary election. Prohibits a member of a school district governing board, county board of supervisors (county BOS) or city or town council from engaging in paid lobbying for any person or entity.
Background
The Arizona Constitution outlines the qualifications of members of the Legislature and the eligibility for state office. A person may not be a member of the Legislature unless the person is a citizen of the United States at the time of the election, is at least 25 years of age and has been a resident of Arizona for at least three years and has been a resident of the county from which the person is elected for at least one year before the election (Ariz. Const. art. 4, pt. 2, § 2). A person is eligible for a state office if the person is at least 25 years of age, has been a citizen of the United States for at least 10 years before the election and a citizen of Arizona for at least 5 years before the election. The state offices consist of the Governor, Secretary of State (SOS), State Treasurer, Attorney General and Superintendent of Public Instruction (Ariz. Const. art. 5 §§ 1 and 2).
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 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 person that ceases to be a member of the Legislature may not lobby the Legislature for compensation within one year. 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. §§ 38-504; 41-1231; and 41-1233).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Adds, to the eligibility requirements for a member of the Legislature, that the person has not been a lobbyist who is required to register with a federal agency, the state or a political subdivision of the state for one year immediately preceding the primary election of the Legislature.
2. Adds, to the eligibility requirements for a member of statewide office, that the person has not been a lobbyist who is required to register with a federal agency, the state or a political subdivision of the state for two years immediately preceding the primary election.
3. Prohibits a member of a school district governing board, county BOS or city or town council from engaging in paid lobbying for any person or entity.
4. Requires the SOS to submit the proposal to the voters at the next general election.
5. Becomes effective if approved by the voters and on proclamation of the Governor.
Amendments Adopted by Committee
1. Adopted the strike-everything amendment.
2. Decreases the number of years, from two to one, before a primary election during which a member of legislative office may not have been a lobbyist.
3. Makes technical changes.
Senate Action
GOV 3/26/25 DPA/SE 4-3-0