ARIZONA STATE SENATE
Phoenix, Arizona
entertainment gift ban
Purpose
Exempts the employees and members of school district governing boards, community college district governing boards and institutions under the jurisdiction of the Arizona Board of Regents from the lobbyist expenditure ban for sporting or cultural events.
Background
Current statute prohibits principals, authorized lobbyists and their agents from giving state officers or employees gifts totaling over $10 in a calendar year or any gift that is designed to influence the state officer’s or employee’s official conduct. Statute also prohibits state officers and employees from accepting gifts beyond the $10 limit. Specific items are not considered gifts and are permissible. These include transactions between certain family members, entertainment where the recipient believes the giver is present, expenses related to events where all members of the Legislature are invited (“special events”), food and beverages, travel and lodging, flowers, plaques, informational materials, proper campaign contributions and items given to charity.
Violation of the lobbyist gift regulations constitutes a class 1 misdemeanor, punishable by up to six months in jail and up to $2,500 in fines plus 77 percent in surcharges.
In 2000, the Legislature prohibited lobbyist expenditures on behalf of state officers and state employees for sporting or cultural events unless as part of a speaking engagement or special event (Laws 2000, Chapter 364). The prohibition applies to such expenditures for those serving on county boards of supervisors, school districts or city or town governing boards if the person making the expenditure is compensated to lobby any of those entities.
The three state universities, as well as school districts and community college districts in Arizona, have expressed concern that the ban on lobbyist expenditure for sporting and cultural events makes illegal the common practice of rewarding employees with tickets to school sporting and cultural events performed in facilities owned by the employer. This legislation attempts to address this issue by exempting the employees and members of school district governing boards, community college district governing boards and institutions under the jurisdiction of the Arizona Board of Regents from the lobbyist expenditure ban for sporting or cultural events.
There is no fiscal impact to the state general fund associated with this legislation.
Provisions
1. Exempts the following employees from the entertainment ban while they are attending or participating in any sporting event, cultural event or activity in a facility that is owned and operated by their board, district or institution:
2. Removes references to bonding attorneys from the definitions of lobbyist and lobbying.
3. Applies the definitions for special events for legislators to special events for members of the corporation commission, a county board of supervisors, a city or town governing board or a school district governing board.
4. Makes a statutory improvement.
3. Provides
for a general effective date.
1. Removes references to bonding attorneys from the definitions of lobbyist and lobbying.
2. Applies the definitions for special events for legislators to special events for members of the corporation commission, a county board of supervisors, a city or town governing board or a school district governing board.
Senate Action
GOV 3/15/02 DPA 5-1-0
Prepared by Senate Staff
March 18, 2002