ARIZONA STATE SENATE
Phoenix, Arizona
FINAL
REVISED
educational institutions;
entertainment ban; exception
(NOW: entertainment ban
exception; educational institutions)
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 sponsored by the board, district or institution and in a facility owned or operated by their board, district or institution.
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 special events where all members of the Legislature are invited, food and beverages, travel and lodging, flowers, plaques, informational materials, proper campaign contributions and items given to charity.
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.
Special events, as defined in statute, include 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. (ARS 41-1232.02) Special events may also be held in conjunction with state, national or regional meetings of an organization or association concerned or dealing with legislative or other governmental activities.
The three state universities, as well as school districts and community college districts in Arizona, have expressed concern that the ban on lobbyist expenditures 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 anticipated 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, sponsored by the board, district or institution, and in a facility that is owned or operated by their board, district or institution:
2. Applies the definitions for special events for legislators to special events for members of the Arizona Board of Regents.
3. Makes a statutory improvement and technical changes.
4. Provides for a general effective date.
Amendments
Adopted by Committee
1. Specifies that the event must also be sponsored by the board, district or institution to be exempt.
2. Specifies that the facility can be owned or operated by the board, district or institution as opposed to owned and operated
3. Exempts, from special event restrictions and reporting requirements, expenditures made by a public body for the benefit of the members of the governing board of that public body.
Amendments
Adopted by Committee of the Whole
1. Removes the Corporation Commission, a county board of supervisors, a city or town governing board, a school district governing board and a community college district governing board form the entities that the definition for special events for legislators applies.
2. Removes the exemption from special event restrictions and reporting requirements, for expenditures made by a public body for the benefit of the members of the governing board of that public body.
3rd Read
3/28/02 39-14-7 3rd Read
4/30/02 23-5-2
Final Read 5/15/02 39-19-2 Final
Read 5/16/02 18-9-3
Signed by the Governor 5/21/02
Chapter 282
Prepared by Senate Staff
May 31, 2002