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REFERENCE TITLE: lobbyists; conflicts of interest; disclosure |
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State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session 2021
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HB 2457 |
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Introduced by Representative Cook
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AN ACT
amending sections 41-1233 and 41-1239, Arizona Revised Statutes; relating to registration and regulation of lobbyists.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 41-1233, Arizona Revised Statutes, is amended to read:
41-1233. Prohibited acts
No person shall:
1. Retain or employ another person to promote or oppose legislation for compensation contingent in whole or in part on the passage or defeat of any legislation, or the approval or veto of any legislation by the governor, and no person shall accept employment or render service for compensation on a contingent basis.
2. Lobby the legislature for compensation within one year after the person ceases to be a member of the senate or house of representatives.
3. In any manner improperly seek to influence the vote of any member of the legislature through communication with that member's employer.
4. Lobby the public body that employed the person in a capacity having a significant procurement role as defined in section 41‑741 in the procurement of materials, services or construction within one year after the person ceases to be employed by the public body.
5. Lobby the legislature for a principal or public body when there is a conflict of interest between one or more of the principals and public bodies represented by that person except when the person has received fully informed WRITTEN consent from all parties to the conflict of interest who are represented by that PERSON. The person lobbying shall file a copy of the written consent with the secretary of state WITHIN two days after the conflict of interest occurs. The secretary of state shall provide for electronic filing of those written consents and shall provide for public posting of those consents on the secretary of state's website. Any violation of this paragraph is subject to ENFORCEMENT by a compliance order or other relief prescribed by SECTION 41-1237.01.
Sec. 2. Section 41-1239, Arizona Revised Statutes, is amended to read:
41-1239. Duties of secretary of state
A. The secretary of state shall:
1. Prescribe and publish the registration and registration amendment forms and the annual and quarterly expenditure forms, handbooks and rules necessary to carry out the provisions of this article.
2. Refer to the attorney general or county attorney for investigation any matter which that the secretary of state has reason to believe constitutes a violation of any of the provisions of this article.
3. Provide for the cross‑referencing of the registration required by sections 41‑1232 and 41‑1232.01 so that each lobbyist authorized by a principal pursuant to section 41‑1232, subsection A and each public lobbyist authorized by a public body pursuant to section 41‑1232.01, subsection A shall be identified with such principal.
4. Provide for public posting and cross-referencing of the written CONFLICT of interest consents REQUIRED pursuant to section 41-1233 from LOBBYISTS, designated public lobbyists and authorized public lobbyists.
4. 5. Advise incumbents and nonincumbent candidates regarding campaign finance laws and public officer reporting and disclosure laws. At the request of the person asking for advice, the secretary of state shall log the request and the response.
5. 6. Compile and issue an annual report of all expenditures reported by principals, public bodies, lobbyists and public lobbyists. The annual report shall accurately summarize all expenditures for lobbying but shall not double report expenditures by a lobbyist that were reimbursed and reported by a principal or public body. The report shall list the name of each principal or public body along with the name of each lobbyist or public lobbyist that is listed on the principal's registration statement.
B. The secretary of state may adopt rules regarding initiative, referendum and recall. Rules adopted pursuant to this subsection apply to statewide and county initiatives, referenda and recalls.