41-1231

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 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 which 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.

(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 are
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 or for the purposes of bonding lobbying for any matter pending or proposed before a
school district governing board.

11. "Lobbying" means attempting to influence the passage or defeat of any
legislation by directly communicating with any legislator, or in the case of bonding,
lobbyists directly communicating with any school district employee or a school district
governing board member or attempting to influence any formal rule making proceeding
pursuant to chapter 6 of this title or rule making proceedings that are exempt from
chapter 6 of this title by directly communicating with any state officer or
employee. Lobbying does not include:

(a) Interagency communications between state agency employees.

(b) 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.

(c) 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.

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. Lobbyist includes attorneys whose practice involves bonding, underwriters of
bonds and investment bankers whose business includes bonding.

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. "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 utilizes tax revenues and that employs,
retains, engages or uses, with or without compensation, a designated public lobbyist or
authorized public lobbyist.

18. "Public official" means a person who is duly elected, appointed or retained
through election to an elected state, county or local office.

19. "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.

20. "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.

21. "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.

22. "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.