Beta
A.R.S. tit. 41 ch. 7
A.R.S. tit. 41 ch. 7 — Arizona Revised Statutes Title 41 Chapter 7 — Legislature
Beta. Legal information, not legal advice. LEGALDIGM is not a law firm. Check the official source for the current text.
41-1101. Time of assembly; organization; oaths
A. The legislature shall assemble at the seat of government at twelve o'clock noon on the second Monday of January each year.
B. At the hour of assemblage of the first regular session next after the general election the member of the senate holding seniority in age shall take the chair, call the senate to order, appoint a temporary secretary, and direct the secretary to call the list of senators from the several counties, who shall present their certificates of election and take the oath of office. The senate may thereupon, if a quorum is present, proceed to elect its officers. The house of representatives shall likewise proceed with its organization. The oath taken by the members shall be entered upon the journals of the respective houses.
C. The presiding officer of each house may administer the oath of office to members, officers and employees of the respective houses.
41-1102. Officers and employees; appointment
A. The officers and employees of the senate shall consist of a president, a secretary and such other employees as the senate directs.
B. The officers and employees of the house of representatives shall be a speaker, a chief clerk and such other employees as the house directs.
41-1103. Compensation; reimbursement of expenditures
A. Members of the legislature are each entitled to receive an annual salary established pursuant to the provisions of section 41-1904.
B. In addition to the salary provided in subsection A of this section, each member of the legislature shall also be reimbursed for travel and subsistence expenses incurred in attendance upon regular sessions or special sessions and for acting in a legislative matter, other than in a regular or special session, upon prior approval of the presiding officer of either house of the legislature at such rate and in such manner as may be prescribed by law.
41-1104. Travel reimbursement and subsistence for members of legislature; claim required
A. Notwithstanding section 38-624, each member of the legislature shall be reimbursed for travel at the federal mileage reimbursement rate as determined annually by the United States general services administration, and such reimbursement shall include travel from the temporary or permanent residence of the member to the state capitol.
B. Each member of the legislature shall be paid for each day of subsistence during a regular or special session and for each day of subsistence when the member acts on a legislative matter, other than in a regular or special session, on the prior approval of the presiding officer of the house of which that member is a member in an amount as follows:
1. For a member whose permanent residence is within Maricopa county, $35.
2. For a member whose permanent residence is outside Maricopa county, one hundred percent of the average of the six highest months of the annual federal per diem rate for Maricopa county, including lodging, as determined by the United States general services administration. The director of the department of administration shall determine this amount annually.
C. Subsistence allowed to each member of the legislature during the regular session as provided in subsection B of this section shall be limited to the first one hundred twenty days of a regular session. After the first one hundred twenty days of a regular session, each member of the legislature whose permanent residence is within Maricopa county shall be paid the sum of $10 for subsistence for each day of the regular session beyond the first one hundred twenty days. Each member whose permanent residence is outside of Maricopa county shall receive fifty percent of the amount determined annually by the director of the department of administration pursuant to subsection B of this section for each day beyond the first one hundred twenty days of a regular session as subsistence.
D. Each member of the legislature may elect to opt out of receiving subsistence payments prescribed by subsections B and C of this section.
E. Each member of the legislature, for authorized travel out of state, shall receive travel and subsistence expenses as prescribed by law for state officers.
F. For payment of travel expenses and subsistence, as prescribed by the terms of this section, each member of the legislature shall submit a claim for travel expenses and subsistence that is countersigned by the presiding officer of the respective body.
41-1105. Monies for promotion of state interests and public service; procedures; uses
A. The governor or either presiding officer of the legislature may accept and expend public or private gifts, grants, donations or monies for the purpose of promoting the interests of the state or to promote and encourage citizen public service to the state.
B. All monies received pursuant to subsection A of this section shall be deposited, pursuant to sections 35-146 and 35-147, and held and retained in separate state promotional fund accounts according to the specified source and purpose of the fund. Public and private monies shall not be commingled in any fund account.
C. The department of administration shall issue warrants for disbursements from any account established pursuant to this section on receipt of vouchers properly establishing the nature of the disbursement and on the signature of the person authorized to approve expenditures from the fund pursuant to section 35-149, subsection A, paragraph 4. The department of administration shall issue the warrants for disbursements from any account established pursuant to this section containing private monies without regard to any other restrictions or limits placed on expenditures of public monies by any other provision of law.
D. The person authorized pursuant to section 35-149, subsection A, paragraph 4 shall approve expenditures from accounts established pursuant to this section only to the extent that the expenditures are consistent with any terms and conditions under which the monies were received and for a purpose authorized by subsection A of this section.
E. Annually before January 1, the person authorized pursuant to section 35-149, subsection A, paragraph 4 shall prepare a written report to the governor and the legislature that includes a detailed listing naming the contributors to the accounts established pursuant to this section and a detailed listing of expenditures from the accounts established by this section. The report shall be considered a public record.
41-1106. Records; debate and testimony; definition
Each house of the legislature shall keep, for a period of three years, an audiotape or verbatim transcription or other similar accurate record of debate and testimony occurring in committee and on the chamber floor. For purposes of this section "committee" includes standing committees, subcommittees, conference committees, interim committees and committees that are established by law or by either presiding officer.
41-1107. Legislative intent clauses
All legislation that diminishes a previous grant of authority to a political subdivision of this state shall contain an intent clause that explains the reason for the diminution of authority.
41-1131. Appointment
Standing committees of the legislature shall be appointed by the presiding officer of the respective houses, but each house may, by resolution or rule, direct otherwise.
41-1132. Interim committee meetings; attendance at conferences; report
A. The president of the senate or speaker of the house of representatives may at any time when the legislature is not in session call a meeting of any standing legislative committee appointed according to law or rules of the house of which he is the presiding officer. The call shall state the time and place of meeting and the subject matter to be considered.
B. The presiding officer of either house may authorize any member of a standing committee of the house over which he presides to attend a conference or convention, either in the state or without the state, when such attendance, in the opinion of the presiding officer, will promote the best interests of the state.
C. Not less than ten days after convening the next session of the legislature following such a committee meeting, conference or convention, the chairman shall submit a written report of the committee's findings to the presiding officer of the house it represents.
41-1133. Powers of committees at interim meetings
A committee called to meet under the provisions of section 41-1132 shall have the powers conferred by law upon legislative committees.
41-1151. Issuance and service of legislative subpoena
A subpoena may be issued by the presiding officer of either house or the chairman of any committee before whom the attendance of a witness is desired. The subpoena is sufficient if it states whether the proceeding is before the senate, house of representatives or a committee, is addressed to the witness, requires the attendance of the witness at a certain time and place, and is signed by either presiding officer or a committee chairman. The subpoena may be served and returned in like manner as civil process.
41-1152. Immunity of witnesses
Testimony or evidence produced pursuant to this article may not be admitted in evidence or used in any manner in any criminal prosecution against a natural person sworn and examined before either house of the legislature or any committee of either house, except for perjury, false swearing, tampering with physical evidence or any other offense committed in connection with an appearance required by section 41-1151 if it constitutes either the compelled testimony or the private papers of such person which would be privileged evidence pursuant to the fifth amendment of the Constitution of the United States or article II, section 10 of the Constitution of Arizona and such person claimed the privilege against self-incrimination and a majority of the committee, after consultation with the attorney general, votes to order such person to testify or produce such papers.
41-1153. Disobedience of subpoena as legislative contempt
A. If a witness neglects or refuses to obey a legislative subpoena, or, appearing, neglects or refuses to testify, the senate or the house may, by resolution entered in the journal, commit him for contempt.
B. A witness neglecting or refusing to attend in obedience to a subpoena may be arrested by the sergeant-at-arms and brought before the senate or house upon authority of a copy of the resolution signed by the president or speaker, and countersigned by the secretary or chief clerk.
41-1154. Disobedience of legislative subpoena or refusal to give testimony or produce papers; classification
A person who, being subpoenaed to attend as a witness before either house of the legislature or any committee thereof, knowingly fails or refuses without lawful excuse to attend pursuant to such subpoena, or being present knowingly refuses to be sworn or to answer any material or proper question, or to produce, upon reasonable notice, any material and relevant books, papers or documents in his possession or under his control, is guilty of a class 2 misdemeanor.
41-1155. Offenses punishable by legislature; limitation on imprisonment
A. Each house of the legislature may punish as a contempt, and by imprisonment, a breach of its privileges, or the privileges of its members, but only for one or more of the following offenses:
1. Arresting a member or officer of the house, or procuring such member or officer to be arrested, in violation of his privilege from arrest.
2. Disorderly conduct in immediate view of the house, and directly tending to interrupt its proceedings.
3. Refusing to attend, or to be examined as a witness, either before the house or a committee, or before any person authorized by the house or by a committee to take testimony in legislative proceedings.
4. Giving or offering a bribe to a member, or attempting by menace, or other corrupt means or device, directly or indirectly, to control or influence a member in giving or preventing his vote.
B. No term of imprisonment shall extend beyond final adjournment of the session.
41-1171. Legislative printing
A. The speaker of the house of representatives and the president of the senate may at any time jointly or separately contract for the purchase of legislative printing services as is deemed appropriate under conditions and requirements prescribed by the speaker and president.
B. The speaker of the house of representatives and president of the senate may jointly or separately prescribe the standards of quality, technical specifications, delivery arrangements and financial arrangements applicable to a contract for the purchase of legislative printing services.
C. The chief clerk of the house of representatives and the secretary of the senate shall maintain a copy of any current contract for legislative printing services applicable to the respective legislative body for public inspection during usual office hours.
D. If the speaker of the house of representatives and the president of the senate contract separately for the purchase of legislative printing services pursuant to this section, the speaker and president shall agree upon a uniform format applicable to both houses for the style of bills, resolutions and memorials of the legislature.
41-1176.01. Sale of publications by legislature and legislative council
A. Copies of reports or any other publications not including legislative bills produced by the senate, the house of representatives or the legislative council may be sold to the public by the legislative body or agency by which they are produced.
B. Copies sold pursuant to this section shall be sold at a price sufficient to cover the cost of printing and binding such report or publication. All monies derived from the sale of such copies are appropriated and shall be credited to the appropriation account of the legislative body or agency by which they were received.
41-1177. Distribution of statutes and session laws to legislators
A. On request, the legislature shall provide to any member one copy of the session laws and one set of the statutes and shall provide supplements of the statutes to the member during each year the member remains in office.
B. The legislature may provide for use by any employee authorized by the president of the senate or speaker of the house of representatives one copy of the session laws and one set of the statutes and supplements of the statutes.
41-1177.01. Preparation of legislative journals; costs
A. Each house of the legislature shall prepare copies of its own legislative journal for each legislative session and superintend the printing of such journals. Proof sheets of such printing shall be compared to the originals and corrected prior to printing.
B. Each house shall bear the costs of printing its own journal.
41-1177.03. Distribution and sale of legislative journals and session laws
A. The legislature shall supply to the director of the Arizona state library, archives and public records for the purpose of exchange with other states, territories, the United States and foreign countries the number of copies of the session laws and journals of the legislature as required pursuant to section 41-151.05.
B. The legislature shall sell printed copies of the session laws and journals to the public at a price equal to the cost of publishing and distributing each copy.
C. The senate shall provide to any member of the senate, at the member's request, a senate journal.
D. The house of representatives shall provide to any member of the house of representatives, at the member's request, a house journal.
41-1178. Reports; audits; submission
A. If a statute or law requires an agency as defined in section 41-2952 or a person to submit a report, an audit or the report of a consultant that contracted with an agency to the legislature, the agency or person shall submit a copy of the report or audit to:
1. The president of the senate.
2. The speaker of the house of representatives.
3. The joint legislative audit committee.
B. The agency or person that submits a report, an audit or the report of a consultant that contracted with an agency to the legislature shall notify each legislator of the submission and that a copy of the report or audit shall be provided to the legislator on request.
C. Unless an exception to this subsection is specifically authorized by the director of the department of administration, all reports mandated by statute or law shall be printed in monochromatic ink.
41-1181. Endorsement and approval of bills
A. Every bill shall, as soon as delivered to the governor, be endorsed as follows:
"This bill was received by the governor this _____ day of _______."
B. The endorsement shall be signed by the secretary to the governor. When the governor approves a bill he shall sign his name thereto, with the date of approval.
41-1182. Effect of failure of governor to approve or veto bill within certain time; certification of bill as law
If a bill has remained with the governor five days while the legislature is in session, or ten days after adjournment of the legislature, without approval or veto, the governor shall deliver the bill to the secretary of state, who shall certify thereon, if the legislature is in session as follows:
"This bill having remained with the governor five days, Sundays excluded, and the legislature being in session, it has become a law this _________ day of ________, 19___."
If the legislature has adjourned the secretary of state shall certify thereon as follows:
"This bill having remained with the governor ten days, Sundays excluded, after final adjournment of the legislature, and not having been filed with his objections, has become a law this _________ day of ________, 19___."
41-1201. Definition of vacancy
In this article, unless the context otherwise requires, "vacancy" means a vacancy as defined by section 38-291 and includes a vacancy which occurs before the person has taken the oath of office as provided by section 41-1101.
41-1202. Vacancy in legislature; precinct committeemen; appointment; definition
A. If a vacancy occurs or exists in the legislature and the vacant seat was represented by a political party that is organized pursuant to title 16, chapter 5, article 2 and that has at least thirty elected committeemen who are from precincts that are in the legislative district and that are in the county in which the vacancy occurred, the following apply:
1. The secretary of state shall immediately notify the state party chairman of the appropriate political party of the vacancy. Within three calendar days after notification of the vacancy by the secretary of state, the state party chairman of the appropriate political party or the chairman's designee shall give written notice of the meeting for selecting nominees to fill the vacancy to all elected precinct committeemen of the appropriate political party from precincts that are in the legislative district and that are in the county in which the vacancy occurred.
2. The meeting prescribed by paragraph 1 of this subsection shall occur within five calendar days after the date of the written notice of the meeting for selecting nominees if the legislature is in session, the governor has called a special session or if the presiding officer or minority leader of the house in which the vacancy has occurred notifies the chair of the board that a special session is pending or within twenty-one calendar days after the date of notice of the vacancy from the secretary of state if the legislature is not in session, the governor has not called a special session and the chair of the board has not been notified that a special session is pending.
3. At the meeting for selecting nominees to fill the vacancy, those elected precinct committeemen shall nominate by a majority vote three qualified electors to fill the vacancy who meet the requirements for service in the legislature, who belong to the same political party and who reside at the time of nomination in the same district and county as the person elected to or appointed to the office immediately before the vacancy.
4. The meeting to select nominees to fill the vacancy is subject to title 38, chapter 3, article 3.1, and the state party chairman of the appropriate political party shall oversee the nominations. Fifty percent or more of the elected precinct committeemen of the district who are in the legislative district and from the county in which the vacancy occurred, or their proxies, meeting together constitutes a quorum for the purposes of this subsection. A precinct committeeman may choose to allow the use of a proxy that:
(a) Is given by the precinct committeeman to another elected precinct committeeman for the legislative district in which the vacancy occurred for use at the meeting to fill the vacancy.
(b) Only is valid for the length of the meeting for which it was given.
(c) Is attested by a notary public or two witnesses.
5. The state party chairman of the appropriate political party shall immediately forward the names of the three persons named pursuant to paragraph 3 of this subsection to the board of supervisors of the county of residence of the person elected or appointed to the office immediately before the vacancy occurred. The board of supervisors shall appoint a person to fill the vacancy from the three nominees submitted. If the legislature is in session, the governor has called a special session or if the presiding officer or minority leader of the house in which the vacancy has occurred notifies the chair of the board that a special session is pending, the board of supervisors shall make the appointment within ten calendar days after receiving the names and if the legislature is not in session, the governor has not called a special session and the chair of the board has not been notified that a special session is pending, the board of supervisors shall make the appointment within twenty-one calendar days after receiving the names. If the board of supervisors fails to fill the vacancy from the three nominees within the time prescribed by this paragraph, the state party chairperson shall appoint from among the three nominees submitted to the county board of supervisors a person to fill the vacancy within three calendar days after the time for the board of supervisors to fill the vacancy has elapsed.
6. If the elected precinct committeemen of the appropriate political party fail to nominate by a majority vote three qualified electors to fill the vacancy at the meeting to select nominees as prescribed by paragraph 3 of this subsection, the state party chairman shall immediately notify the board of supervisors of the appropriate county and the board of supervisors shall fill the vacancy as provided in subsection B of this section. The time frame for appointing a citizens panel shall run from receipt of notification from the state party chairman.
B. If a vacancy occurs in the legislature and the vacant seat was represented by a political party that is organized pursuant to title 16, chapter 5, article 2 and that has fewer than thirty elected committeemen who are from precincts that are in the legislative district and that are in the county in which the vacancy occurred or if the vacant seat was not represented by a political party that is organized pursuant to title 16, chapter 5, article 2, the following apply:
1. The secretary of state shall immediately notify the board of supervisors of the county of residence of the person elected to or appointed to the office immediately before the vacancy of the vacancy.
2. Within seven calendar days after notification of the vacancy by the secretary of state, the board of supervisors shall appoint a citizens panel to submit to the board the names of three qualified electors to fill the vacancy who meet the requirements for service in the legislature and who belong to the same political party and reside at the time of nomination in the same district and county as the person elected to or appointed to the office immediately before the vacancy. If the person elected to or appointed to the office immediately before the vacancy was not registered with a political party that is organized pursuant to title 16, chapter 5, article 2, the qualified electors shall be qualified electors who are not registered with a political party that is organized pursuant to title 16, chapter 5, article 2.
3. The meeting of the citizens panel prescribed by paragraph 2 of this subsection shall occur within five calendar days after the citizens panel is appointed by the board of supervisors if the legislature is in session, the governor has called a special session or the chair of the board has been notified that a special session is pending, or within twenty-one calendar days after the citizens panel is appointed if the legislature is not in session, the governor has not called a special session and the chair of the board has not been notified that a special session is pending.
4. The board of supervisors, by a majority vote of the board, shall appoint one person from the list of names submitted by the citizens panel to fill the vacancy. If the legislature is in session, if the governor has called a special session or if the presiding officer or minority leader of the house in which the vacancy has occurred notifies the chair of the board that a special session is pending, the board of supervisors shall make the appointment within ten calendar days after receiving the names and if the legislature is not in session, the governor has not called a special session and the chair of the board has not been notified that a special session is pending, the board of supervisors shall make the appointment within twenty-one calendar days after receiving the names. If the board of supervisors fails to fill the vacancy from the three nominees within the time prescribed, the state party chairman shall appoint a person to fill the vacancy from the three nominees submitted and shall make that appointment within three calendar days after the time for the board of supervisors to fill the vacancy has elapsed.
C. If any person who is nominated pursuant to subsection A or B of this section withdraws from consideration, the state party chairman of the appropriate political party shall immediately nominate an alternative qualified elector to fill the vacancy who meets the requirements for service in the legislature, who belongs to the same political party and who resides at the time of nomination in the same district and county as the person elected to or appointed to the office immediately before the vacancy.
D. For the purposes of this section, "appropriate political party" means the same political party of which the person who was elected to or appointed to the office was a member immediately before the vacancy occurred except that if the person vacating the office changed political party affiliation after taking office, the person who is appointed to fill the vacancy shall be of the same political party that the vacating officeholder was when the vacating officeholder was elected or appointed to that office.
41-1221. Preventing meeting of or disturbing legislature; classification
A. A person who knowingly, by force or fraud, prevents the legislature, or either house of the legislature, or any member thereof, from meeting or organizing, is guilty of a class 5 felony.
B. A person who knowingly disturbs the legislature, or either house of the legislature, while in session, or who commits any disorderly conduct in the immediate view and presence of either house, tending to interrupt its proceedings or impair the respect due its authority, is guilty of a class 2 misdemeanor.
41-1224. Altering or illegally removing enrolled copy of bill or resolution; classification; exception
A. A person is guilty of a class 4 felony who:
1. Fraudulently alters the enrolled copy of a bill or resolution which has been passed or adopted by the legislature with intent to procure its approval by the governor, or its certification by the secretary of state, or its printing or publication, in language different from that with which it was passed or adopted by the legislature.
2. Knowingly and without authority of law, changes, alters or causes to be changed or altered, a bill or resolution after the bill or resolution has been introduced in either house of the legislature.
3. Knowingly and without authority of law removes or causes to be removed, a bill or resolution from possession of the lawful custodian thereof, after the bill or resolution has been introduced in either house of the legislature.
B. The enrolling and engrossing clerk may make corrections in capitalization, spelling, form or punctuation necessary for proper style and composition of the bill which do not alter its meaning or intent.
41-1225. Forfeiture of office of legislator
A member of the legislature who is convicted of any felony in this article or sections 41-1282 or 41-1283, shall, in addition to the punishment prescribed, forfeit his office and is forever disqualified from holding any office in this state.
41-1231. Definitions
In this article, unless the context otherwise requires:
1. "Authorized lobbyist" means any person, other than a designated lobbyist or lobbyist for compensation, who is employed by, retained by or representing a principal, with or without compensation, for the purpose of lobbying and who is listed as an authorized lobbyist by the principal in its registration pursuant to section 41-1232.
2. "Authorized public lobbyist" means a person, other than a designated public lobbyist, who is employed by, retained by or representing a public body, with or without compensation, for the purpose of lobbying and who is listed as an authorized public lobbyist by the public body in its registration pursuant to section 41-1232.01.
3. "Designated lobbyist" means the person who is designated by a principal as the single point of contact for the principal and who is listed as the designated lobbyist by the principal in its registration pursuant to section 41-1232.
4. "Designated public lobbyist" means the person who is designated by a public body as the single point of contact for the public body and who is listed as the designated public lobbyist by the public body in its registration pursuant to section 41-1232.01.
5. "Entertainment" means the amount of any expenditure paid or incurred for admission to any sporting or cultural event or for participation in any sporting or cultural activity.
6. "Expenditure" means a payment, distribution, loan, advance, deposit or gift of money or anything of value and includes a contract, promise or agreement, whether or not legally enforceable, to make an expenditure that provides a benefit to an individual state officer or state employee and that is incurred by or on behalf of one or more principals, public bodies, lobbyists, designated public lobbyists or authorized public lobbyists.
7. "Family gift" means a gift to a state officer or employee or a member of the officer's or employee's household from a principal, lobbyist, designated public lobbyist or authorized public lobbyist who is a relative of the state officer or employee or a member of the household of the state officer or employee if the donor is not acting as the agent or intermediary for someone other than a person covered by this paragraph.
8. "Food or beverage" means the amount of any expenditure paid or incurred for food or beverages for a state officer or employee provided at a location at which the principal, public body, lobbyist, designated public lobbyist or authorized public lobbyist who made the expenditure is present.
9. "Gift" means a payment, distribution, expenditure, advance, deposit or donation of money, any intangible personal property or any kind of tangible personal or real property. For the purposes of this article, gift does not include:
(a) A gift, devise or inheritance from an individual's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle or first cousin or the spouse of any such individual if the donor is not acting as the agent or intermediary for someone other than a person covered by this subdivision.
(b) Expenditures that are either properly reported or exempt from reporting under this chapter for:
(i) A speaking engagement.
(ii) Food or beverages.
(iii) Travel and lodging.
(iv) Flowers.
(c) Salary, compensation or employer-reimbursed expenses lawfully paid to a public official.
(d) The value, cost or price of professional or consulting services that are not rendered to obtain a benefit for any registered principal, public body, lobbyist, designated public lobbyist or authorized public lobbyist or the clients of a principal or lobbyist.
(e) Expenses relating to a special event or function to which all members of the legislature, either house of the legislature or any committee of the legislature is invited.
(f) A plaque or other form of recognition similar to a plaque to a state officer or state employee to signify the honorary recognition of a service or other notable accomplishment.
(g) Informational material such as books, reports, pamphlets, calendars or periodicals.
(h) An item that is not used and that is returned within fifteen days of receipt to the donor or that is delivered within fifteen days of receipt to a charitable organization and that is not claimed as a charitable contribution for state or federal income tax purposes.
(i) A campaign contribution that is properly received and reported as required by law.
(j) An item that is given to a state officer or employee if the state officer or employee gives an item of approximately the same value to the giver of the item at the same time that the item is given or on a similar occasion as the one that prompted the original item to be given.
(k) Gifts of a personal nature that were customarily received by an individual from the donor before the individual became a state officer or employee.
(l) An item that is given to the general public at an event.
10. "Legislation" means bills, resolutions, memorials, amendments, nominations and other matters that are pending or proposed in either house of the legislature of this state.
11. "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.
(c) Does not include:
(i) Interagency communications between state agency employees.
(ii) Communications between a public official or employee of a public body, designated public lobbyist or authorized public lobbyist and any state officer, except for a member of the legislature, or an employee of the legislature.
(iii) Oral questions or comments made by a person to a state officer or employee regarding a proposed rule and made in public at a meeting or workshop that is open to the public and that is sponsored by a state agency, board, commission, council or office.
(iv) Communications between a public body and a self-employed person or person employed by a partnership or company regarding the procurement of materials, services or construction unless the self-employed person or person employed by a partnership or company is otherwise required to register pursuant to this article or is employed by, supervised by at any level or contracted by a person who is otherwise required to register as a lobbyist for compensation pursuant to this article.
12. "Lobbyist" means any person, other than a designated public lobbyist or authorized public lobbyist, who is employed by, retained by or representing a person other than himself, with or without compensation, for the purpose of lobbying and who is listed as a lobbyist by the principal in its registration pursuant to section 41-1232. Lobbyist includes a lobbyist for compensation, designated lobbyist and authorized lobbyist.
13. "Lobbyist for compensation" means a lobbyist who is compensated for the primary purpose of lobbying on behalf of a principal and who is listed by the principal in its registration pursuant to section 41-1232.
14. "Person" means an individual, partnership, committee, association or corporation and any other organization or group of persons, except legislators and political parties qualified for representation on the ballot pursuant to section 16-801 or 16-804.
15. "Personal hospitality" means hospitality, meals, beverages, transportation or lodging furnished but not commercially provided by a person on property or facilities owned or possessed by the person or the person's family.
16. "Principal" means any person, other than a public body, that employs, retains, engages or uses, with or without compensation, a lobbyist. Principal includes any subsidiary of a corporation.
17. "Procurement" has the same meaning prescribed in section 41-2503.
18. "Public body" means the Arizona board of regents, a university under the jurisdiction of the Arizona board of regents, the judicial department, any state agency, board, commission or council, any county, any county elected officer who elects to appoint a designated public lobbyist or any city, town, district or other political subdivision of this state that receives and uses tax revenues and that employs, retains, engages or uses, with or without compensation, a designated public lobbyist or authorized public lobbyist.
19. "Public official" means a person who is duly elected, appointed or retained through election to an elected state, county or local office.
20. "Single expenditure" means an expenditure that provides a benefit of more than twenty dollars to an individual state officer or state employee and that is incurred by or on behalf of one or more principals, public bodies, lobbyists, designated public lobbyists or authorized public lobbyists.
21. "Speaking engagement":
(a) Means the amount of any expense paid or incurred for entrance fees, lodging, food and beverage, entertainment, travel and other expenses for the state officer's or employee's attendance at an event, committee, meeting, conference or seminar, including meetings of state, regional or national organizations or their committees concerned with legislative or governmental activities if the state officer or employee participates in the event as a speaker or panel participant by presenting information relating to the state officer's or employee's legislative or official duties or by performing a ceremonial function appropriate to the state officer's or employee's position.
(b) Does not include expenditures for an honorarium or any other similar fee paid to a speaker.
22. "State employee" means an employee of the legislature, a university under the jurisdiction of the Arizona board of regents, the judicial department or a state office, agency, board, commission or council.
23. "State officer" means a person who is duly elected, appointed or retained through election to any state office, or a member of any state board, commission or council, and includes a member of the legislature.
41-1232. Registration of principals; fee
A. Except as provided in subsection B of this section, before any principal causes any lobbying to occur on its behalf, the principal shall register with the secretary of state by filing a written statement in a format prescribed by the secretary of state, subscribed under penalty of perjury, containing the following information:
1. The name and business address of the principal.
2. The name and business address of a person who is the designated lobbyist for the principal, regardless of whether the person is engaged to lobby for compensation.
3. The name and business address of each lobbyist for compensation or authorized lobbyist employed by, retained by or representing the principal.
4. For each lobbyist for compensation, designated lobbyist or authorized lobbyist that is not an individual, the name and business address of all employees of that lobbyist who lobby on the principal's behalf.
5. The nature of the primary business or activity, issue, interest or purpose of the principal.
6. The duration of the engagement of any lobbyist.
7. A description of the expenses for which each lobbyist is to be reimbursed by the principal.
8. A listing of the state entities the lobbyist has been engaged or designated to lobby including the legislature and state agencies, boards, commissions or councils.
B. If a registration as required by subsection A of this section cannot be accomplished or is not practicable in advance of the first attempt or occasion to lobby, registration must occur within five business days after the day on which the first lobbying attempt, occasion or activity occurs.
C. Each principal shall reregister not later than 5:00 p.m. on the second Monday in January of each odd numbered year unless at that time the principal no longer engages any lobbyist. A principal shall file its registration at any time beginning December 1 in the even numbered year until 5:00 p.m. on the second Monday in January in the odd numbered year. Each principal shall amend its registration statement within five business days of any change in the information required by subsection A of this section.
D. A principal shall provide notice to each lobbyist for compensation, authorized lobbyist and designated lobbyist who is named in the principal's registration or reregistration statement. The notice shall state that the principal has listed the lobbyist for compensation, authorized lobbyist or designated lobbyist on the principal's registration or reregistration statement and that this listing obligates the lobbyist for compensation or designated lobbyist to register and file all reports required by this article. The notice shall be accompanied by a summary of the lobbyist laws published by the secretary of state, the first page of the principal's registration and the page of the schedule on which the name of the lobbyist for compensation, authorized lobbyist or designated lobbyist appears.
E. Each principal that registers a lobbyist for compensation or a designated lobbyist who receives compensation for lobbying from the principal, at the time of registering or reregistering, shall pay a registration or reregistration fee of $25 to the secretary of state. A principal may not be charged more than one $25 fee per registration period. Registration and reregistration fees collected by the secretary of state shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund, and, subject to legislative appropriation, the registration and reregistration fees for principals shall be used to reduce the costs associated with enforcing the lobbyist registration laws.
41-1232.01. Registration by public bodies; fee
A. Except as provided in subsection B of this section, before any public body causes any lobbying to occur on its behalf, the public body shall register with the secretary of state by filing a written statement in a format prescribed by the secretary of state, subscribed under penalty of perjury, containing the following information:
1. The name and business address of the public body.
2. The name and business address of a person who is the designated public lobbyist for the public body, regardless of whether this person is engaged to lobby for compensation.
3. The name and business address of each authorized public lobbyist employed by, retained by or representing the public body.
4. For each designated public lobbyist or authorized public lobbyist that is not an individual, the name and business address of all employees of the designated public lobbyist or authorized public lobbyist who may lobby on the public body's behalf.
5. A description of the expenses for which each designated public lobbyist and authorized public lobbyist is to be reimbursed by the public body.
B. If a registration as required by subsection A of this section cannot be accomplished or is not practicable in advance of the first attempt or occasion to lobby, registration must occur within five business days after the day on which the first lobbying attempt, occasion or activity occurs.
C. Each public body shall reregister not later than 5:00 p.m. on the second Monday in January of each odd numbered year unless at that time the public body no longer engages any designated public lobbyist or authorized public lobbyist. A public body shall file its registration at any time beginning December 1 in the even numbered year until 5:00 p.m. on the second Monday in January in the odd numbered year. Each public body shall amend its registration statement within five business days of any change in the information required by subsection A of this section.
D. A public body shall provide notice to each designated public lobbyist or authorized public lobbyist who is named in the public body's registration or reregistration statement. The notice shall state that the public body has listed the designated public lobbyist or authorized public lobbyist on the public body's registration or reregistration statement and that this listing obligates the designated public lobbyist to register and file all reports required by this article. The notice shall be accompanied by a summary of the lobbyist laws published by the secretary of state, the first page of the public body's registration and the page of the schedule on which the designated or authorized public lobbyist's name appears.
E. Each public body that registers a designated public lobbyist who receives compensation for lobbying from the public body, at the time of registering or reregistering, shall pay a registration or reregistration fee of $25 to the secretary of state. A public body may not be charged more than one $25 fee per registration period. Registration and reregistration fees collected by the secretary of state shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund, and, subject to legislative appropriation, the registration and reregistration fees for public bodies shall be used to reduce the costs associated with enforcing the lobbyist registration laws.
41-1232.02. Expenditure reporting; principals and lobbyists; gifts
A. Each principal shall report annually all single expenditures, whether or not the expenditures were made in the course of lobbying. These single expenditures shall be itemized separately, and each itemization shall include the date of the expenditure, the amount of the expenditure, the name of each state officer or employee receiving or benefitting from the expenditure, the category of the expenditure and the name of the lobbyist or other person who made the expenditure on behalf of the principal. In addition each principal shall report annually the aggregate of all expenditures of $20 or less received by or benefitting a state officer or employee, whether or not the expenditures were made in the course of lobbying. The report shall be filed by March 1 and shall list the annual expenditures made on behalf of the principal. If March 1 is a Saturday, Sunday or other legal holiday, the report shall be filed on the next business day.
B. Each lobbyist for compensation and designated lobbyist shall report quarterly all single expenditures incurred in the preceding calendar quarter by the lobbyist for compensation or designated lobbyist, whether or not the single expenditures were made in the course of lobbying. These single expenditures shall be itemized separately, and each itemization shall include the date of the expenditure, the amount of the expenditure, the name of the state officer or employee receiving or benefitting from the expenditure, the category of the expenditure and the principal on whose behalf the expenditure was made. If the expenditure was made by the lobbyist and was not made on behalf of a principal, it shall be itemized separately. The quarterly report shall be filed not later than the last day of the month following the end of the calendar quarter, unless the last day of the month is a Saturday, Sunday or other legal holiday. In that case, the report shall be filed on the next business day.
C. Each lobbyist for compensation and designated lobbyist shall also report quarterly the aggregate of all expenditures of $20 or less received by or benefitting a state officer or employee, whether or not the expenditures were made in the course of lobbying. The report shall list separately the aggregate of expenditures made on behalf of each principal and the aggregate not made on behalf of any principal. In the fourth calendar quarter, these expenditures shall also be listed by cumulative total for the calendar year. Each quarterly lobbyist report shall include all reportable expenditures made by any employee of the lobbyist for compensation or designated lobbyist, regardless of whether that employee is listed as a lobbyist on any registration filed by a principal engaging the lobbyist. The quarterly report shall be filed not later than the last day of the month following the end of the calendar quarter, unless the last day of the month is a Saturday, Sunday or other legal holiday. In that case, the report shall be filed the next business day.
D. The reports required by subsections A and B of this section shall identify each single expenditure according to the following categories:
1. Food or beverages.
2. Speaking engagement.
3. Travel and lodging.
4. Flowers.
5. Other expenditures.
E. Expenditures by principals and lobbyists such as those for the lobbyist's personal sustenance, office expenses, filing fees, legal fees, employees' compensation, lodging and travel are not required to be reported. In addition, expenditures by a principal or a lobbyist for family gifts, personal hospitality or those items excluded from the definition of gift pursuant to section 41-1231, paragraph 9, subdivision (a), (c), (d), (f), (g), (h), (i), (j), (k) or (l) are not required to be reported.
F. All expenditures incurred by a principal or lobbyist for special events for legislators, including parties, dinners, athletic events, entertainment and other functions, to which all members of the legislature, either house of the legislature or any committee of the legislature are invited shall be reported. Expenditures are not required to be allocated to individual legislators, but for each such event a description of the event and the date, location, name of the legislative body invited and total expenditures incurred shall be reported. Expenditures for special events held in conjunction with state, national or regional meetings of an organization or association concerned or dealing with legislative or other governmental activities to which all state officers or state employees in attendance at such event are invited shall be reported in the same manner.
G. All information required to be filed pursuant to this section with the secretary of state shall be filed in that office and preserved by the secretary of state for five years from the date of filing, after which time the information shall be destroyed. The information is a public record and open to public inspection.
H. If a principal, lobbyist for compensation or designated lobbyist makes no expenditures that it would otherwise be required to report during a specified reporting period, the principal, lobbyist for compensation or designated lobbyist may sign a form under penalty of perjury prescribed by the secretary of state indicating that there were no expenditures during the specific reporting period.
I. A person or organization shall not make a gift to or an expenditure on behalf of a state officer or employee through another person or organization for the purpose of disguising the identity of the person making the gift or expenditure.
J. A principal or lobbyist or any other person acting on behalf of a principal or lobbyist shall not give to any state officer or state employee and a state officer or state employee shall not accept from a principal or lobbyist either of the following:
1. Gifts with a total value of more than $10 during any calendar year.
2. Gifts that are designed to influence the state officer's or state employee's official conduct.
41-1232.03. Expenditure reporting; public bodies and public lobbyists; gifts
A. Each public body shall report annually all single expenditures received by or benefitting a member of the legislature whether or not the expenditures were made in the course of lobbying. These expenditures shall be itemized separately, and each itemization shall include the date of the expenditure, the amount of the expenditure, the name of each member of the legislature receiving or benefitting from the expenditure, the category of the expenditure and the name of the designated public lobbyist or authorized public lobbyist who made the expenditure on behalf of the public body. In addition each public body shall report annually the aggregate of all expenditures of $20 or less received by or benefitting a member of the legislature, whether or not the expenditures were made in the course of lobbying. The report shall list all expenditures by the public body made in the course of lobbying for the personal sustenance, filing fee, legal fees, employees' compensation, meals, lodging and travel of the designated public lobbyist and all authorized public lobbyists employed or retained by, and representing, the public body. The public body shall apportion expenditures that are attributable both to lobbying and to other activities of the public body and shall report only the portion attributable to lobbying. For the purpose of reporting employee compensation, a public body, on establishing a time allocation schedule for apportioned lobbying activity based on actual experience under this article, may submit after the 1993 calendar year an affidavit to the secretary of state stating the compensation attributable to lobbying for subsequent years for the designated public lobbyist and all authorized public lobbyists whose job responsibilities have not been significantly altered since the time allocation schedule was established. The report shall be filed by March 1 and shall list the annual expenditures made on behalf of the public body. If March 1 is a Saturday, Sunday or other legal holiday, the report shall be filed on the next business day.
B. Each designated public lobbyist shall report quarterly all single expenditures received by or benefitting a member of the legislature and incurred in the preceding calendar quarter by the designated public lobbyist, whether or not the single expenditures were made in the course of lobbying. Each designated public lobbyist's report shall also include all single expenditures incurred in the preceding calendar quarter by each authorized public lobbyist who is registered pursuant to section 41-1232.01 by the same public body that registered the designated public lobbyist. This subsection does not apply to an expenditure that was made by a designated public lobbyist or authorized public lobbyist and that was received by or benefitted an employee of a public body, if the employee is not a member or employee of the legislature or a member of the household of a member or employee of the legislature. These expenditures shall be itemized separately, and each itemization shall include the date of the expenditure, the amount of the expenditure, the name of the member or employee receiving or benefitting from the expenditure, the category of the expenditure and the public body on whose behalf the expenditure was made. If the expenditure was made by the designated public lobbyist or authorized public lobbyist and was not made on behalf of a public body, it shall be itemized separately. The quarterly report shall be filed not later than the last day of the month following the end of the calendar quarter, unless the last day of the month is a Saturday, Sunday or other legal holiday. In that case, the report shall be filed on the next business day.
C. Each designated public lobbyist shall also report quarterly the aggregate of all expenditures of $20 or less received by or benefitting a member of the legislature, whether or not the expenditures were made in the course of lobbying. Each designated public lobbyist's report shall also include the aggregate of all expenditures of $20 or less that were received by or benefitted a member of the legislature and that were made by an authorized public lobbyist who is registered pursuant to section 41-1232.01 by the same public body that registered the designated public lobbyist. This subsection does not apply to an expenditure that was made by a designated public lobbyist or authorized public lobbyist and that was received by or benefitted an employee of a public body, if the employee is not a member or employee of the legislature or a member of the household of a member or employee of the legislature. The report shall list separately the aggregate of expenditures made on behalf of each public body and the aggregate not made on behalf of any public body. In the fourth calendar quarter, these expenditures shall also be listed by cumulative total for the calendar year. Each quarterly lobbyist report shall include all reportable expenditures made by any employee of the designated public lobbyist or authorized public lobbyist, regardless of whether that employee is listed as a designated public lobbyist or authorized public lobbyist on any registration filed by a public body engaging the designated public lobbyist or authorized public lobbyist. The quarterly report shall be filed not later than the last day of the month following the end of the calendar quarter, unless the last day of the month is a Saturday, Sunday or other legal holiday. In that case, the report shall be filed on the next business day.
D. The reports required by subsections A and B of this section shall identify the nature of each single expenditure according to the following categories:
1. Food or beverages.
2. Speaking engagement.
3. Travel and lodging.
4. Flowers.
5. Other expenditures.
E. Expenditures by a public body, designated public lobbyist or authorized public lobbyist for personal sustenance, family gifts, personal hospitality or those items excluded from the definition of gift pursuant to section 41-1231, paragraph 9, subdivision (a), (c), (d), (f), (g), (h), (i), (j), (k) or (l) are not required to be reported.
F. All expenditures incurred by a public body, designated public lobbyist or authorized public lobbyist in the case of special events for legislators, including parties, dinners, athletic events, entertainment and other functions, to which all members of the legislature, either house of the legislature or any committee of the legislature are invited shall be reported. Expenditures are not required to be allocated to individual legislators, but for each such event a description of the event and the date, location, name of the legislative body invited and total expenditures incurred shall be reported. Expenditures for special events held in conjunction with state, national or regi
The text continues in the official source.
