In this chapter, unless the context otherwise requires:
1. "Business" includes any enterprise, organization, trade, occupation or profession, whether or not operated as a legal entity or for profit, including any business trust, corporation, partnership, joint venture or sole proprietorship.
2. "Compensation" means anything of value or advantage, present or prospective, including the forgiveness of debt.
3. "Controlled business" means any business in which the public officer or any member of his household has an ownership or beneficial interest, individually or combined, amounting to more than a fifty percent interest.
4. "Dependent business" means any business in which the public officer or any member of his household has an ownership or beneficial interest, individually or combined, amounting to more than a ten percent interest, and during the preceding calendar year the business received from a single source more than ten thousand dollars and more than fifty percent of its gross income.
5. "Gift" includes any gratuity, special discount, favor, hospitality, service, economic opportunity, loan or other benefit received without equivalent consideration and not provided to members of the public at large. Gift does not include:
(a) Travel-related expenses that are publicly reported pursuant to this article.
(b) Political campaign contributions that are publicly reported pursuant to title 16, chapter 6.
6. "Local public officer" means a person holding an elective office of an incorporated city or town, a county or a groundwater replenishment district established under title 48, chapter 27.
7. "Member of household" means a public officer's spouse and any minor child of whom the public officer has legal custody.
8. "Public officer" means a member of the legislature and any judge of the court of appeals or the superior court, or a person holding an elective office the constituency of which embraces the entire geographical limits of this state. Members of Congress are not public officers as defined in this paragraph.
9. "Travel-related expenses" means any costs associated with transportation, food, lodging and registration fees and other expenses directly related to travel to or from a meeting, conference or other event where the public officer is participating in the public officer's official capacity.
Notes of Decisions
Cited in
6
cases, 1975–2013 · leading case:
State v. Stapley, 251 P.3d 1048 (Ariz. Ct. App. 2011).
State v. Stapley, 251 P.3d 1048 (Ariz. Ct. App. 2011).
· cites it 22× “This legislation is set forth in A.R.S. § 38-541 et seq. The term “public officer,” as defined by the statute, includes “a member of the legislature and any judge of the court of appeals or the superior court, or a person holding an elective office the constituency of which…”
Adams v. Com'n on Appellate Ct. Appointments, 254 P.3d 367 (Ariz. 2011).
· cites it 2× “" A.R.S. § 38-541(8). Members of Congress are specifically excluded, suggesting that they might otherwise be regarded as "public officers.”
Donahoe v. Arpaio, 986 F. Supp. 2d 1091 (D. Ariz. 2013).
“They further reflect that in 1994 the Board resolved to rescind the 1979 resolution “and update the Financial Disclosure form for Elected Officials to bring the form and process into compliance with A.R.S. 38-541.” Doc. 1112 ¶ 110 (“Financial disclosure forms must be filed by…”
Armer v. Superior Court, 543 P.2d 1107 (Ariz. 1975).
· cites it 3× “” A.R.S. § 38-541. Even though they are elected from a particular county, they still represent a three-county constituency.”
Armer v. Superior Ct. of Ariz., in & for Cty. of Pima, 543 P.2d 1107 (Ariz. 1975).
· cites it 4× “" A.R.S. § 38-541. And: "Notwithstanding the provisions of any law, charter, or ordinance to the contrary, every incorporated city, town or county shall by ordinance, rule, resolution, or regulation adopt standards of financial disclosure consistent with the provisions of this…”
— Ariz. Rev. Stat. § 38-541(6) — 1 case
State v. Stapley, 251 P.3d 1048 (Ariz. Ct. App. 2011).
“This legislation is set forth in A.R.S. § 38-541 et seq. The term “public officer,” as defined by the statute, includes “a member of the legislature and any judge of the court of appeals or the superior court, or a person holding an elective office the constituency of which…”
— Ariz. Rev. Stat. § 38-541(8) — 3 cases
State v. Stapley, 251 P.3d 1048 (Ariz. Ct. App. 2011).
“This legislation is set forth in A.R.S. § 38-541 et seq. The term “public officer,” as defined by the statute, includes “a member of the legislature and any judge of the court of appeals or the superior court, or a person holding an elective office the constituency of which…”
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