Arkansas Administrative Code
Agency 153 - Arkansas Ethics Commission
Rule 153.00.17-006 - Rules on Prohibition of Gifts from Lobbyists to Certain Public Officials Under Ark. Const. Art. 19, Section 30. 2017
Universal Citation: AR Admin Rules 153.00.17-006
Current through Register Vol. 49, No. 9, September, 2024
§ 1900 Definitions
As set forth in Ark. Const. Art. 19, § 30(b), the following terms are defined:
(a)
Administrative action - As used in these rules, the term
"administrative action" means a decision on, or proposal, consideration, or
making of a rule, regulation, ratemaking proceeding, or policy action by a
governmental body. "Administrative action" does not include ministerial
action.
(b)
Gift -
(1) As used in these rules, the term "gift"
means:
(A) Any payment, entertainment,
service, or anything of value, unless consideration of equal or greater value
has been given therefor ; or
(B)
Advance or loan.
(2)
"Gift" does not include:
(A) Informational
material such as books, reports, pamphlets, calendars, or periodicals informing
a person elected or appointed to an office under § 1901 of these rules
regarding his or her official duties; (b) payments for travel
or reimbursement for any expenses are not informational material;
(B) Gifts that are not used and which, within
thirty (30) days after receipt, are returned to the donor;
(C) Gifts from the spouse, child, parent,
grandparent, grandchild, brother, sister, parent-in-law, brother-in-law,
sister-in-law, nephew, niece, aunt, uncle, or first cousin of a person elected
or appointed to an office under § 1901 of these rules, or the spouse of
any of these persons, unless the person is acting as an agent or intermediary
for any person not covered by this § 1900 (2)(c);
(D) Anything of value that is readily
available to the general public at no cost;
(E)
(1)
(a) Food or drink available at a planned
activity to which a specific governmental body is invited, including without
limitation a governmental body to which a person elected or appointed to an
office under § 1901 of these rules is not a member.
(b) If a committee of the General Assembly is
invited to a planned activity under this subdivision only members of the
committee of the General Assembly may accept food or drink at the planned
activity.
(2)
(a) As used in §1900 (b)(2)(E)(1)(a)
"planned activity" means an event for which a written invitation is distributed
electronically or by other means to the lobbyist, person acting on behalf of a
lobbyist, or a person employing or contracting with a lobbyist to the members
of the specific governmental body at least twenty-four (24) hours before the
event.
(b) As used in §
1900(2)(E)(1)(a), "planned activity" does not include food or drink available
at a meeting of a specific governmental body for which the person elected or
appointed to an office under § 1901 of these rules is entitled to receive
per diem for attendance at the meeting.
(3) A lobbyist, a person acting on behalf of
a lobbyist, or a person employing or contracting with a lobbyist shall not
offer or pay for food or drink at more than one (1) planned activity in a
seven-day period;
(F)
(1) Payments by regional or national
organizations for travel to regional or national conferences at which the State
of Arkansas is requested to be represented by a person or persons elected or
appointed to an office under § 1901 of these rules.
(2) As used in Ark. Const. Art. 19, §
30(b)(2)(B)(vi), "travel" means transportation, lodging, and conference
registration fees.
(3) This section
does not prohibit the acceptance of:
(1)
Food, drink, informational materials, or other items included in the conference
registration fee; and
(2) Food and
drink at events coordinated through the regional or national conference and
provided to persons registered to attend the regional or national
conference;
(G) Campaign contributions;
(H) Any devise or inheritance;
(I) Salaries, benefits, services, fees,
commissions, expenses, or anything of value in connection with:
(1) The employment or occupation of a person
elected or appointed to an office under § 1901 of these rules or his or
her spouse so long as the salary, benefit, service, fee, commission, expense,
or anything of value is solely connected with the person's employment or
occupation and is unrelated to and does not arise from the duties and
responsibilities of the office to which the person has been elected or
appointed; or
(2) Service as an
officer, director, or board member of a corporation, a firm registered to do
business in the state, or other organization that files a state and federal tax
return or is an affiliate of an organization that files a state and federal tax
return by a person elected or appointed to an office under § 1901 of these
rules or his or her spouse so long as the salary, benefit, service, fee,
commission, expense, or anything of value is solely connected with the person's
service as an officer, director, or board member and is unrelated to and does
not arise from the duties and responsibilities of the office to which the
person has been elected or appointed; and
(J) A personalized award, plaque, or trophy
with a value of one hundred fifty dollars ($150) or less.
(K)
(1) The
use of one (1) or more rooms or facilities owned, operated, or otherwise
utilized by a state agency or political subdivision of the state for the
purpose of conducting a meeting of a specific governmental body.
(2) As used in this subdivision
§1900(K)(1):
(a) "Rooms or facilities"
includes without limitation property belonging to a state agency or political
subdivision used in connection with a meeting of a specific governmental body
such as projectors, microphones, and computer equipment; and
(b) "State agency" means every department,
division, office, board, commission, and institution of this state, including
state-supported institutions of higher education;
(L) Nonalcoholic beverages
provided to attendees at a meeting of a civic, social, or cultural organization
or group;
(M) Food and nonalcoholic
beverages provided to participants in a bona fide panel, seminar, or speaking
engagement at which the audience is a civic, social, or cultural organization
or group; and
(N) Anything of value
provided by a recognized political party when serving as the host of the
following events to all attendees as part of attendance at the event:
(1) The official swearing-in, inaugural, and
recognition events of constitutional officers and members of the General
Assembly; and
(2) An official event
of a recognized political party so long as all members of either house of the
General Assembly affiliated with the recognized political party are invited to
the official event;
(c)
Governmental body or governmental
bodies - As used in these rules, the term "governmental body" or
"governmental bodies" means an office, department, commission, council, board,
committee, legislative body, agency, or other establishment of the executive,
judicial, or legislative branch of the state, municipality, county, school
district, improvement district, or any political district or subdivision
thereof.
(d)
Income -
As used in these rules, the term "income" means any money or anything of value
received or to be received as a claim for future services, whether in the form
of a retainer, fee, salary, expense, allowance, forbearance, forgiveness,
interest, dividend, royalty, rent, or any other form of recompense or any
combination thereof. "Income" includes a payment made under obligation for
services or other value received.
(e)
Legislative action - As used
in these rules, the term "legislative action" means introduction, sponsorship,
consideration, debate, amendment, passage, defeat, approval, veto, or any other
official action or nonaction on any bill, ordinance, law, resolution,
amendment, nomination, appointment, report, or other matter pending or proposed
before a committee or house of the General Assembly, a quorum court, or a city
council or board of directors of a municipality.
(f)
Legislator - As used in
these rules, the term "legislator" means a person who is a member of the
General Assembly, a quorum court of a county, or the city council or board of
directors of a municipality.
(g)
Lobbying - As used in these rules, the term "lobbying" means
communicating directly or soliciting others to communicate with a public
servant with the purpose of influencing legislative action or administrative
action.
(h)
Lobbyist -
As used in these rules, the term "lobbyist" means a person who:
(i) Receives income or reimbursement in a
combined amount of four hundred dollars ($400) or more in a calendar quarter
for lobbying one (1) or more governmental bodies;
(ii) Expends four hundred dollars ($400) or
more in a calendar quarter for lobbying one (1) or more governmental bodies,
excluding the cost of personal travel, lodging, meals, or dues; or
(iii) Expends four hundred dollars ($400) or
more in a calendar quarter, including postage, for the express purpose of
soliciting others to communicate with a public servant to influence any
legislative action or administrative action of one (1) or more governmental
bodies unless the communication has been filed with the Secretary of State or
the communication has been published in the news media. If the communication is
filed with the Secretary of State, the filing shall include the approximate
number of recipients.
(i)
Person - As used in these rules, the term "person" means a
business, individual, union, association, firm, committee, club, or other
organization or group of persons. "Business" includes without limitation a
corporation, partnership, sole proprietorship, firm, enterprise, franchise,
association, organization, self-employed individual, receivership, trust, or
any legal entity through which business is conducted.
(j)
Public appointee - As used
in these rules, the term "public appointee" means an individual who is
appointed to a governmental body. "Public appointee" does not include an
individual appointed to an elective office.
(k)
Public employee - As used in
these rules, the term "public employee" means an individual who is employed by
a governmental body or who is appointed to serve a governmental body. "Public
employee" does not include a public official or a public appointee.
(l)
Public official - As used in
these rules, the term "public official" means a legislator or any other person
holding an elective office of any governmental body, whether elected or
appointed to the office, and shall include such persons during the time period
between the date they were elected and the date they took office.
(m)
Public servant - As used in
these rules, the term "public servant" means all public officials, public
employees, and public appointees.
(n)
Recognized political party-
As used in these rules, the term "recognized political party"
means a political party that:
(1)
(A)
(i) At
the last preceding general election polled for its candidate for Governor in
the state or nominees for presidential electors at least three percent (3%) of
the entire vote cast for the office; or
(ii) Has been formed by the petition process
under §
7-7-205.
(B) When a recognized political
party fails to obtain three percent (3%) of the total votes cast in an election
for the office of Governor or nominees for presidential electors, it shall
cease to be a recognized political party; and
(o)
Advance or Loan - As used in
these rules, the term "advance or loan" means a sum of money that is borrowed
with the expectation that it be paid back, regardless of whether interest is
charged. (B) "Advance or loan" does not include an advance or loan made in the
ordinary course of business by a:
(i)
Financial institution; or
(ii)
Business that regularly and customarily extends credit.
§ 1901 Gifts from Lobbyists
As set forth in Ark. Const. Art. 19, § 30(a), persons elected or appointed to the following offices shall not knowingly or willfully solicit or accept a gift from a lobbyist, a person acting on behalf of a lobbyist, or a person employing or contracting with a lobbyist:
(i) Governor;
(ii) Lieutenant Governor;
(iii) Secretary of State;
(iv) Treasurer of State;
(v) Auditor of State;
(vi) Attorney General;
(vii) Commissioner of State Lands;
(viii) Members of the General Assembly;
(ix) Chief Justice of the Supreme
Court;
(x) Justice of the Supreme
Court;
(xi) Chief Judge of the
Court of Appeals;
(xii) Judge of
the Court of Appeals;
(xiii)
Circuit Court Judge;
(xiv) District
Court Judge;
(xv) Prosecuting
Attorney; and
(xvi) Member of the
independent citizens commission for the purpose of setting salaries of elected
constitutional officers of the executive department, members of the General
Assembly, justices, and judges under Ark. Const. Art. 19, §
31.1
§ 1902 Penalties
As set forth in Ark. Const. Art. 19, § 30(c)(1), a person who knowingly violates § 1901 of these rules is guilty of a Class B misdemeanor. In addition to the foregoing penalty, the General Assembly shall provide by law for Ark. Const. Art. 19, § 30 to be under the jurisdiction of the Arkansas Ethics Commission, including without limitation authorization of the following actions by the Arkansas Ethics Commission:
(i) Promulgating reasonable rules to
implement and administer Ark. Const. Art. 19, § 30 as necessary;
(ii) Issuing advisory opinions and
guidelines on the requirements of Ark. Const. Art. 19, § 30; and
(iii) Investigating complaints of
alleged violations of Ark. Const. Art. 19, § 30 and rendering findings and
disciplinary action for such complaints.
§ 1903 Complaints
(a) In accordance with Ark. Code Ann. §
7-6-218, a
complaint alleging a violation of Ark. Const. Art. 19, § 30 may be filed
with the Arkansas Ethics Commission. The complaint process is the subject of
Sections (V) - (X) of the Arkansas Ethics Commission's Rules of Practice and
Procedure.
(b) If the Arkansas
Ethics Commission finds a violation of Ark. Const. Art. 19, § 30, then it
may (i) impose a fine of not less than fifty dollars ($50) and not more than
two thousand dollars ($2,000), (ii) issue a public letter of caution, warning,
or reprimand, (iii) order the filing or amendment of a statutorily-required
disclosure form, and/or (iv) report its findings, along with such information
and documents as it deems appropriate, and make recommendations to the proper
law enforcement authorities.
(c)
When exercising the authority set forth in subparagraph (b)(iv), the Arkansas
Ethics Commission is not required to make a finding of a violation of Ark.
Const. Art. 19, § 30.
§ 1904 Affirmative Defense Concerning Discovery of Unintentional Violation
(a) It is an
affirmative defense to prosecution or disciplinary action under Ark. Const.
Art. 19, § 30(c)(1) and (2) that a person elected or appointed to an
office under § 1901 of these rules takes one (1) of the following actions
within thirty (30) days of discovering or learning of an unintentional
violation of Ark. Const. Art. 19, § 30:
(i) Returns the gift to the donor; or
(ii) If the gift is not returnable,
pays the donor consideration that is equal to or greater than the value of the
gift.
(b) The Arkansas
Ethics Commission shall not proceed with an investigation of an alleged
violation of Ark. Const. Art. 19, § 30 if the Arkansas Ethics Commission
determines that a person would be eligible to raise the affirmative defense
under Ark. Const. Art. 19, § 30(c)(3)(A). If the Arkansas Ethics
Commission does not proceed with an investigation of an alleged violation, the
person shall not be considered to have committed a violation.
(c) This affirmative defense provision shall
not be construed to authorize a person to knowingly or willfully solicit or
accept a gift in violation of Ark. Const. Art 19, § 30.
1 This prohibition is also the subject of
Ark. Code Ann. §
21-8-310.
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