Bill Text: AZ HCR2034 | 2010 | Forty-ninth Legislature 2nd Regular | Introduced

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Bill Title: Public agency lobbyists.

Spectrum: Partisan Bill (Republican 15-0)

Status: (Introduced - Dead) 2010-02-16 - Referred to House GOV Committee [HCR2034 Detail]

Download: Arizona-2010-HCR2034-Introduced.html

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REFERENCE TITLE: public agency lobbyists.

 

 

 

 

State of Arizona

House of Representatives

Forty-ninth Legislature

Second Regular Session

2010

 

 

HCR 2034

 

Introduced by

Representative Seel, Senator Pearce R: Representatives Antenori, Ash, Burges, Crump, Gowan, Lesko, Mason, Montenegro, Stevens, Senators Allen S, Gould, Harper, Verschoor

 

 

A CONCURRENT RESOLUTION

 

enacting and ordering the submission to the people of a MEASURE relating to public agency lobbyists.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring:

1.  Under the power of the referendum, as vested in the Legislature, the following measure, relating to public agency lobbyists, is enacted to become valid as a law if approved by the voters and on proclamation of the Governor:

an act        

amending title 41, chapter 7, article 8.1, Arizona Revised Statutes, by adding section 41-1234; relating to public agency lobbyists.

Be it enacted by the Legislature of the State of Arizona:

Section 1.  Title 41, chapter 7, article 8.1, Arizona Revised Statutes, is amended by adding section 41-1234, to read:

START_STATUTE41-1234.  Public agency lobbyists prohibited; exceptions; enforcement

A.  Notwithstanding any other law and except as prescribed by this section, a public officer or public employee or a consultant or independent contractor retained by or for a public officer or public employee or by or for a public agency, department, board or commission or any political subdivision of this state:

1.  Shall not lobby the legislature on behalf of that officer, employee, agency, department, board, commission or political subdivision.

2.  Shall not spend public resources to lobby the legislature.

B.  On request by a member of the legislature, an officer or employee of a public agency, department, board or commission or any political subdivision of this state may appear before or otherwise communicate with a member of the legislature only if that person is called to provide expert testimony or if that person provides information and does not provide any recommendations for action.

C.  This section does not prohibit any elected body from meeting with one or more legislators during an open meeting of that elected body.

D.  Any person who is a public officer or public employee and who is not authorized to communicate with the legislature pursuant to this section may speak with or otherwise communicate with any member or employee of the legislature on the person's own behalf and may fully participate in the legislative process if both of the following apply:

1.  The public officer or public employee is acting in a private capacity.

2.  The public officer or public employee is not being compensated by a public employer for the time spent communicating in that private capacity.

E.  The attorney general or any other person may bring an action in the superior court to enforce this section, including an action to enjoin the unlawful expenditure of public monies and restitution of monies unlawfully spent.  The court shall award attorney fees to any person who prevails in an action for enforcement. END_STATUTE

2.  The Secretary of State shall submit this proposition to the voters at the next general election as provided by article IV, part 1, section 1, Constitution of Arizona.