Current through Register Vol. 49, No. 2, February 2024
Lobbyist
Registration
§
500.
Definitions.
(a) "Administrative action" means any
decision on, or proposal, consideration, or making of any rule, regulation,
ratemaking proceeding, or policy action, other than ministerial action, by a
governmental body.
(b)
"Association" means a body of individuals acting together for the prosecution
of a common enterprise.
(c)
"Business" means any corporation, partnership, sole proprietorship, firm,
enterprise, franchise, association, organization, seif-employed individual,
receivership, trust, or any legal entity through which business is
conducted.
(d) "Business
association" means an association formed for the purpose of doing business,
including associations formed for the purpose of establishing an
employer/employee, principal/agent and/or an employer/independent contractor
relationship.
(e)
(1) "Family" means an individual's spouse,
children of that individual or his or her spouse, or brothers, sisters, or
parents of the individual or his or her spouse.
(2) The term "household" includes an
individual's significant other.
(3)
The term "household" does not include an individual's roommate.
(f)
(1) "Gift" means any payment, entertainment,
advance, services, or anything of value, unless consideration of equal or
greater value has been given therefor.
(2) The term "gift" does not include:
(A)
(i)
Informational material such as books, reports, pamphlets, calendars, or
periodicals informing a public servant regarding his or her official duties.
(ii) Payments for travel or
reimbursement for any expenses are not informational material;
(B) The giving or receiving of
food, lodging, or travel which bears a relationship to the public servant's
office and when appearing in an official capacity;
(C) Gifts which are not used and which,
within thirty (30) days after receipt, are returned to the donor;
(D) Gifts 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 of these persons, unless the person is acting as an agent or
intermediary for any person not covered by this paragraph;
(E) Campaign contributions;
(F) Any devise or inheritance;
(G) Anything with a value of $100 or less; or
(H) Wedding presents.
(g) "Governmental body"
means any 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.
(h) "Income" or
"compensation" 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. It includes a
payment made under obligation for services or other value received.
(i) "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 Genera! Assembly, a quorum
court, or a city council or board of directors of a municipality.
(j) "Lobbying" means to communicate directly
or solicit others to communicate with any public servant to influence
legislative or administrative action.
(k) "Lobbyist" means a person who is engaged
in lobbying activities as defined in § 501 of these rules.
(I) "Lobbyist's client" means the person,
such as an employer, on whose behalf the lobbyist influences or attempts to
influence legislative or administrative action.
(m) "Ministerial action" means an action in
which a person performs in a given state of facts, in a prescribed manner, in
obedience to the mandate of legal authority, without regard to or the exercise
of his or her own judgment upon the propriety of the act being done.
(n) "Paid or reimbursed" includes income
received prior, during or subsequent to the period the income is earned, or
expenses reimbursed prior, during or subsequent to the period the expenditure
is made.
(o) "Partnership" means a
syndicate, group, pool, joint venture, or other unincorporated organization,
through or by means of which any business, financial operation, or venture is
carried on, and which is not a trust or estate or a corporation.
(p) "Person" means a business, individual,
corporation, union, association, firm, partnership, committee, club, or other
organization or group of persons.
(q) "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.
(r) "Public servant" means
all public officials, public employees, and public appointees.
(s) "Registered lobbyist" means a lobbyist
registered pursuant to § 502 of these rules.
(t) "Special event" is a planned activity
hosted by a lobbyist as detailed and explained in § 513 of these
rules.
§ 501.
Definition of "lobbyist"
(a) For
purposes of these rules, persons engaged in lobbying activity as defined by
§ 500(j) will be considered lobbyists, subject to registration and
reporting, if the person:
(1) receives income
or reimbursement in a combined amount of $250 or more in a calendar quarter for
lobbying one or more governmental bodies; or
(2) expends $250 or more in a calendar
quarter for lobbying one or more governmental bodies, excluding the cost of
personal travel, lodging, meals or dues; or
(3) expends $250 or more in a calendar
quarter, including postage, for the express purpose of soliciting others to
communicate with any 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 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.
(b) All persons who act as
lobbyists shall register as lobbyists pursuant to § 502 of these rules
unless specifically exempted from registration pursuant to § 504
herein.
(c) Whether a person is a
lobbyist is a factual determination made by the Arkansas Ethics Commission on a
case-by-case basis.
§
502.
Lobbyist registration and re-registration.
(a) It is the intent of the Arkansas Ethics
Commission that the public have full and accurate disclosure of the items
required to be reported under these rules.
(b) A lobbyist shall register no later than
five (5) days after beginning lobbying.
(c) A lobbyist will not be considered
registered until the registration form is delivered to the appropriate office
under § 505 of these rules; this registration form shall contain:
(1) the name, address, and telephone number
of the lobbyist;
(2) the calendar
year for which the lobbyist is registering;
(3) the name, address, and telephone number
of the lobbyist's client(s) or employer;
(4) the type of business/entity which is the
lobbyist's client(s) or employer; and
(5) certification by the lobbyist that the
information contained on the lobbyist registration form is true and
correct.
(d) If a
business or other entity which has members or employees who lobby only on
behalf of that organization and that business or entity chooses to register as
a firm, then both the business or entity and the lobbyist(s) listed on its
registration form shall be responsible for compliance with all of these rules.
In addition to the other requirements of this rule, the business or other
entity registering as a firm shall include on its registration form:
(1) the name and signature of each person who
is authorized to lobby for the firm; and
(2) the name of a contact person within the
firm.
If the business or entity hires a lobbyist who also lobbies
independently for other clients, that individual lobbyist shall be solely
responsible for compliance with these rules.
(e) In order to maintain continued status as
a registered lobbyist, each registered lobbyist shall re-register by January 15
of each year. The lobbyist registration form will not be considered filed until
it is delivered to the appropriate office under § 505 of these
rules.
(f) Lobbyist registration
and re-registration are only valid for the calendar year in which the
registration or re-registration takes place.
(g) For purposes of these rules, any forms
required to be filed may be delivered either in person, through the mail or by
facsimile. If delivery of the form is in person, it will be considered filed on
the date of delivery to the appropriate office. If the delivery is by mail, it
will be considered filed on the postmark date. If the delivery is by facsimile,
it will be considered filed on the date the facsimile is received, provided the
original is received by the appropriate office within ten (10) days of the
transmission. In any case, a form will not be considered filed unless it has
been delivered to the appropriate office.
(h) Each lobbyist who continues to lobby or
file lobbyist activity reports but fails to re-register under paragraphs (c)
and (d) of this section may be subject to sanctions under § 507.
§ 503.
Amendment of
information on registration or re-registration form.
(a) If, during the year of registration,
there are any changes in the information a lobbyist must disclose pursuant to
§ 502 of these rules, that lobbyist shall file an amended registration
form containing the different or new information within five (5) days of the
change.
(b) A lobbyist who files an
amended registration form under paragraph (a) of this rule shall clearly mark
on the front of the form that it is an amended form.
§ 504.
Exceptions to the lobbyist
registration requirement
(a) A lobbyist
is not required to register if he or she engages in no lobbying other than the
following activities:
(1) The publishing or
broadcasting by news media executives or their employees or agents in the
ordinary course of business, of news items, editorials or other comments or
paid advertisements which urge legislative or administrative action;
(2) Engaging in lobbying exclusively on
behalf of an Arkansas church which qualifies as a tax exempt organization under
§ 501(c)(3) of the Internal Revenue Code when lobbying solely for the
purpose of protecting the rights of members or adherents to practice the
religious doctrines of the church;
(3) Acting in his or her official capacity as
a public servant unless he or she:
(A)
receives income from a non-governmental person over $250 in a quarter for
lobbying; or
(B) expends or is
reimbursed over $250 in a quarter, regardless of the source, for lobbying,
excluding the cost of informational material and personal travel, lodging,
meals, and dues;
(4)
Drafting legislation;
(5) Appearing
in a judicial proceeding, a proceeding or hearing that is a matter of public
record or a hearing or appeal conducted pursuant to the Arkansas Administrative
Procedure Act, Ark. Code Ann. §
25-15-201 et
seq.;
(6) Assisting an executive
agency, at that agency's written request, in drafting administrative
regulations or in publicizing or assisting in the implementation of final
administrative actions;
(7)
Testifying as an individual at a public hearing in support of or in opposition
to legislation or administrative action, testifying on behalf of a corporation,
partnership, association or other organization of which the person is regularly
associated as an employee, officer, member, or partner or testifying at the
request of a legislative committee; or
(8) Actions by contractors or their employees
while engaged in selling to a governmental body by demonstrating or describing
goods or services or asking about specifications or terms and conditions of a
particular purchase unless the contractor or its employees expends more than
$250 in a calendar quarter for food, lodging, travel or gifts to benefit public
servants who purchase goods or services on behalf of a governmental
body.
(b) A person whose
only act of lobbying is to pay or reimburse a registered lobbyist on his or her
own behalf is not required to register as a lobbyist.
(c) Whether a person falls under an exception
to the lobbyist registration requirement is a factual determination made by the
Arkansas Ethics Commission on a case-by-case basis.
§ 505.
Where to register and make
other filings.
(a)
(1) A lobbyist who lobbies public servants of
state government shall register and make other filings with the Secretary of
State as required by these rules and the laws of Arkansas.
(2) A lobbyist who lobbies public servants of
municipal government shall register and make other filings as required by these
rules and the laws of Arkansas with the city clerk or recorder of the
municipality, as the case may be.
(3) A lobbyist who lobbies public servants of
county government or any government body not otherwise covered by this section
shall register and make other filings with the county clerk of the county as
required by these rules and the laws of Arkansas.
(4) A lobbyist who lobbies public servants of
a governmental body covering a district that includes all or part of more than
one county shall file with the Secretary of State and the county clerk of his
or her principal place of business or residence within the state.
(b) A lobbyist who would be
required to register and file with more than one public official under this
section may instead register and make other filings as required by these rules
and the laws of Arkansas with the Secretary of State and the county clerk of
his or her principal place of business or residence within the state.
§ 506.
Termination of
lobbyist registration.
(a) When a
registered lobbyist's employment or designation as a lobbyist is terminated, a
written notice of termination shall be given by the lobbyist or his or her
designated agent to the public official with whom the lobbyist is
registered.
(b) The written notice
of termination shall:
(1) report the
registered lobbyist's name;
(2)
report the date the registered lobbyist's employment is terminated or his or
her designation as a lobbyist is terminated; and
(3) report any activity to be reported during
the period in which the registration was in effect that has not already been
reported.
(c) If a
registered lobbyist either fails to re-register as detailed in § 502 of
these rules or fails to submit a notice of termination under this section, his
or her registration as a lobbyist will automatically expire at midnight January
15 of the year following the last year in which the lobbyist is registered. A
lobbyist whose registration expires or is terminated pursuant to this
subsection shall not lobby until the lobbyist re-registers pursuant to §
502 of these rules under threat of penalties as detailed in § 507 of these
rules.
§ 507.
Penalties for failure to register or re-register properly.
(a) Those persons who act as lobbyists as
defined by these rules but fail to register within five (5) days of beginning
lobbying activities as defined by § 502 of these rules may be assessed by
the Arkansas Ethics Commission a fine of not less than $25 and not more than
$1000 and may be issued a public letter of caution, warning or
reprimand.
(b) Any person who acts
as a lobbyist and gives false information on the lobbyist registration form or
omits information from that form required by § 502 of these rules may not
be considered a registered lobbyist and may be assessed by the Ethics
Commission a fine of not less than $25 and not more than $1000 and may be
issued a public letter of caution, warning or reprimand.
Lobbyist Activity
Reports
§
508.
Requirement of lobbyist activity reports; filing
deadlines and public inspection.
(a)
Each person required to be registered as a lobbyist shall file an activity
report, signed and sworn to, concerning his or her lobbying activities during
the previous calendar quarter no later than fifteen (15) days after the end of
each calendar quarter. These are the due dates for the quarterly lobbyist
activity reports:
First quarter (covering January 1-March 31): |
April 15 |
Second quarter (covering April 1-June 30): |
July 15 |
Third quarter (covering July 1-September 30): |
October 15 |
Fourth quarter (covering October 1-December
31): |
January 15 |
(b) A
registered lobbyist who lobbies members of the General Assembly shall file a
monthly lobbyist activity report, signed and sworn to, for any month or part
thereof in which the General Assembly is in session. This monthly report shall
be filed no later than ten (10) days after the end of each month. A quarterly
report is not required if the registered lobbyist has filed monthly lobbyist
activity reports for each month of the calendar quarter.
(c) Whenever the filing due date listed in
paragraph (a) or (b) falls on a Saturday, Sunday, or state holiday or any day
the office is closed for official business, the time for such filing shall be
extended to the next day which is not a Saturday, Sunday, or state holiday. Any
filing required by these rules shall be timely filed if it is:
(1) Hand-delivered to the appropriate public
official(s) as set forth in § 505;
(2) Mailed to the appropriate public
official(s) as set forth in § 505, properly addressed, postage prepaid,
bearing a postmark indicating that it was received by the post office or common
carrier on or before the date due;
(3) Received via facsimile by the appropriate
public official(s) as set forth in § 505 on or before the due date,
provided the original is received by the public official(s) within ten (10)
days of the transmission; or
(4)
Received by the appropriate public official as set forth in § 505 in a
readable electronic format which is approved by the Arkansas Ethics
Commission.
(d) Lobbyist
activity reports shall be filed as due whether there has been lobbying activity
(see §§ 510-511) or no lobbying activity (see § 509).
(e) Lobbyist activity reports shall be open
to public inspection.
§
509.
Reports of no activity.
(a) Each person required to be registered as
a lobbyist shall file quarterly and/or monthly activity reports as required by
§ 508 and § 510 of these rules even if there has been no activity
during the previous calendar quarter or month.
(b) An activity report filed pursuant to
paragraph (a) of this section shall consist of the front page of the lobbyist
activity report indicating that no activity has occurred.
§ 510.
Basic requirements of
lobbyist activity reports.
(a) It is
the intent of the Arkansas Ethics Commission that the public have full and
accurate disclosure of the contact between lobbyists and public servants and to
that end, the Commission encourages lobbyists not to avoid reporting through
the use of technicalities or ambiguities.
(b) Lobbyist activity reports shall be signed
and sworn to by the registered lobbyist affirming that the information
contained on the activity report is true and correct. The reports must be filed
as described by § 508 of these rules.
(c) As further detailed in §§
511-513 of these rules, lobbyist activity reports shall contain:
(1) The total of all expenditures made or
incurred by the registered lobbyist or on behalf of the registered lobbyist by
(i) his or her employer or (ii) any officer, employee, or agent during the
preceding period. As used herein, the term "agent" means one who acts for or in
place of another by authority from him or her.
(A) These expenditures shall include
reimbursements for expenses, but not compensation to lobbyists for lobbying;
and
(B) The report shall itemize
these totals according to financial category and employers and clients,
including food and refreshments, entertainment, living accommodation(s),
advertising, printing, postage, travel, telephone and other expenses or
services.
(2) The name
and address of the registered lobbyist and his or her client(s).
§ 511.
Reporting of expenditures made on behalf of public servants; subject
areas.
(a) Lobbyist activity reports
shall contain an itemized listing of each of the following items identified by
date, amount paid or value, the name of the individual(s) receiving or to be
benefited by the item and a description of the item:
(1) Each gift worth more than $100 given to a
public servant or on behalf of the public servant;
(2) Each payment for food (including
beverages), lodging or travel costing in excess of $40 per day provided to a
public servant, including:
(A) the date of the
expenditure;
(B) the name(s) of the
public servant benefited;
(C) the
exact amount paid by the lobbyist towards the total expenditure;
(D) the purpose of the lodging or
travel;
(E) the name of the
conference, seminar or event;
(F)
the name of entity receiving the payment and in the case of lodging, the name
of hotel, motel or other place of accommodation;
(G) the greater of the actual cost paid by
the lobbyist or the fair market value of the lodging or travel; and
(H) the name of the lobbyist's employer or
client making the expenditure and, if applicable, the names of all other
lobbyists sharing in the cost of the payment.
EXAMPLES:
(i) If a
lobbyist takes a public servant and his or her spouse to dinner and spends more
than $40 on the public servant or more than $80 on the public servant and his
or her spouse, the lobbyist shall itemize the expenditure.
(ii) If three lobbyists provide a meal to a
public servant costing $75.00 and split the bill for the meal evenly, the
$40.00 itemization would be met and each lobbyist would report an expenditure
of $25.00 as well as the names of the other lobbyists sharing the cost of the
meal.
(iii) If four lobbyists
provide two public servants with lodging or travel costing $152.00 and split
the bill evenly, the itemization threshold would be met and each lobbyist would
report an expenditure of $38.00 as well as the names of the other lobbyists
sharing the expense.
(3) Any other item paid or given to a public
servant or on behalf of a public servant, except campaign contributions, having
a value in excess of $40 each unless consideration of equal or greater value
has been given therefor. If the person receiving or being benefited by the item
is a public employee, the governmental body which employs the person shall be
identified.
EXAMPLE: If five lobbyists share equally in the cost of giving of
an item to a public servant having a value of $100.00, the $40.00 itemization
threshold would be met and each lobbyist would report the giving of a $20.00
item to the public servant and also report the names of the other lobbyists
sharing in the cost of the giving of the item.
(b) Lobbyist activity reports shall include:
(1) a detailed statement of any money loaned
or promised or line of credit established for a public servant or on behalf of
the public servant over $40 per individual, except as noted in § 514(3);
and
(2) a statement detailing the
direct business association or partnership with any public servant whom the
lobbyist may lobby.
(c)
Whenever the name of a public servant will appear in an activity report of a
lobbyist, the lobbyist shall notify the public servant and provide him or her
the information being reported. The lobbyist shall mail or deliver the
notification to the public servant not later than seven (7) working days prior
to the date for filing the activity report.
§ 512.
Reporting of expenditures
for amusement, charity and sporting events.
(a) On the activity report, the lobbyist
shall itemize each expenditure made for the benefit of a public servant for a
ticket or tickets to an event or events, if this expenditure exceeds $40 in the
aggregate.
EXAMPLE: If the lobbyist buys four tickets to a football game
costing $22.00 each and gives them ail to a legislator, the lobbyist must
itemize this expenditure on his lobbyist activity report. This lobbyist would
report that he made an $88.00 expenditure on four tickets to a football game,
the date of the expenditure and the name of the legislator to whom he gave the
tickets. Even if the lobbyist did not originally intend to give the tickets to
the legislator, the fact that he eventually did so makes this an expenditure on
behalf of a public servant under § 511 of these rules.
(b) "Event or events," as used in this
section, includes, but is not limited to, sporting events such as football or
basketball games and hunting or fishing trips, entertainment or arts events
such as concerts or plays, and charity fundraising events such as banquets.
"Event or events" does not include "special events" as defined in §
513.
(c) The lobbyist shall itemize
each expenditure made for the benefit of a public servant for hunting or
fishing trips by reporting its fair market value. The fair market value of a
hunting or fishing trip is equivalent to the cost of such a trip as available
from a commercial provider. In pricing hunting and fishing trips, the lobbyist
shall presume that the public servant hunted or fished whether or not he or she
actually did so. The value of the expenditure should also include the fair
market value of food, lodging or travel if such was provided during the
trip.
(d) When reporting the cost
of tickets to a charity event, the value of the ticket to the event shall not
include the tax deductible portion of the ticket.
§ 513.
Reporting special
events.
(a) Generally, expenses related
to lobbying activity are itemized as detailed in §§ 510-512 of these
rules. In the case of special events, as defined in paragraph (b), where the
expenses related to the event are incurred by the lobbyist, the lobbyist need
not allocate the expenses by individual but may categorize them on a group
basis as listed herein in paragraph (e).
(b) A special event is a planned activity
where a specific governmental body or identifiable groups of public servants
are invited. Special events may include parties, dinners, athletic events,
entertainment, and charity events. For a discussion of the meaning of the terms
"specific governmental body" and "identifiable groups of public servants" as
well as "special events" generally, see Advisory Opinion No.
99-EC-008.
(c) In the case of a
special event, expenses need not be allocated by individuals. The information
reported for a special event shall include:
(1) the date of the event;
(2) the name of the event;
(3) the location of the event;
(4) the name of the governmental body or
group(s) of public servants invited;
(5) the exact amount paid by the lobbyist
towards the total expenditure; and
(6) the name of the lobbyist's employer or
client making the expenditure and, if applicable, the names of all other
lobbyists sharing in the cost of the payment.
EXAMPLE: If two lobbyists invite the members of the Senate
Insurance & Commerce Committee to a dinner, the dinner may be reported as a
special event. If the lobbyists split the cost of the dinner evenly, each
lobbyist would report their share of the dinner as well as the name of the
other lobbyist sharing in the cost of the dinner.
(d) Hospitality rooms may be reported as a
special event provided the lobbyists invite specific governmental bodies or
identifiable groups of public servants as provided for in these rules. When
reporting hospitality room expenses, the lobbyist shall itemize:
(1) the date{s) the hospitality room was
open;
(2) the name of the event
hosted, if applicable;
(3) the
exact amount paid by the lobbyist towards the total expenditure for the
hospitality room; and
(4) the name
of the lobbyist's employer or client making the expenditure and, if applicable,
the names of all other lobbyists sharing in the cost of the room.
(e) Whether an event is a "special
event" under the meaning of this section is a factual determination made by the
Arkansas Ethics Commission on a case-by-case basis.
§ 514.
What lobbyist activity
reports do not have to disclose.
Lobbyist activity reports do not have to disclose the
following:
(1) Office expenses other
than those specifically required to be reported under § 510 of these
rules;
(2) Unreimbursed personal
living and travel expenses not incurred directly for lobbying;
(3) Money loaned or a line of credit
established that is issued in the ordinary course of business by a financial
institution or a person who regularly and customarily extends credit;
and
(4) Compensation paid to the
lobbyist by his or her client(s) or principal(s).
§ 515.
Maintenance of
records.
All registered lobbyists operating within the State of Arkansas
shall maintain and preserve all accounts, bills, receipts and any other
documents necessary to substantiate the financial reports required by
§§ 508-513 of these rules for at least four (4) years from the date
of the filing of the statement or report.
§ 516.
Provision of forms and
certificates of registration; public availability of filed statements and
reports.
The Secretary of State, each county clerk and each city clerk or
recorder shall:
(1) provide forms
approved by the Arkansas Ethics Commission for registration and for statements
required by §§ 502, 503, 505, 506, and 508-513 to all persons
required to file;
(2) issue a
certificate of registration to a lobbyist registered under §§ 502-505
of these rules;
(3) make all
statements, forms and reports filed available for public inspection and
copying, at a reasonable cost, not to exceed $.50 per page, during regular
office hours.
§
517.
Prohibited acts.
(a) No person may purposely employ any
lobbyist who is required to register as a lobbyist but is not registered
pursuant to §§ 502-505.
(b) A lobbyist shall not contract to receive,
or accept compensation dependent upon the success or failure of a legislative
or administrative action.
(c) No
person engaging in lobbying may:
(1) influence
or attempt to influence, by coercion, bribery or threat of economic sanction,
any public servant in the discharge of the duties of his or her
office;
(2) purposely provide false
information to any public servant as to any material fact pertaining to any
legislative or administrative action;
(3) purposely omit, conceal or falsify in any
manner information required by the registration any lobbyist activity
reports.
(d)
(1) Any person criminally convicted for
violation of any provision of subchapter 6 of chapter 8 of Title 21 shall not
act as a lobbyist for three (3) years from the date of conviction.
(2) Any person violating this three (3) year
ban will be deemed guilty of a violation of these rules.
§ 518.
Penalties for
Failure to File or Late Filing of Lobbyist Activity Reports.
(1) In addition to other sanctions which may
be imposed under Ark. Code Ann. §
7-6-218(b)(4),
lobbyists who fail to file activity reports when due shall be subject to fines
for the late filing of reports. Although fines are assessed on a case-by-case
basis, the following schedule serves as a guideline in determining the amount
of the fines:
Date Report Filed |
First Time
Delinquency |
Repeated Delinquencv bv Same
Lobbyist |
1 to 10 days late |
$25.00/per report |
$50.00/per report |
11 to 20 days late |
$50.00/per report |
$100.00/per report |
21 to 30 days late |
$100.00/per report |
$200.00/per report |
(2) A
registered lobbyist who gives false or materially misleading information on a
lobbyist activity report or omits information from that report required by
§§ 508-513 of these rules may be assessed by the Ethics Commission a
fine of not less than $25 or more than $1000 for each violation and may be
issued a public letter of caution, warning or reprimand.
§ 519.
Criminal Penalties
Pursuant to Ark. Code Ann. §
7-6-218(b)(4)(C),
the Arkansas Ethics Commission may report any person found to have violated any
of these rules to the proper law enforcement authorities. Any person who
violates any provision of Ark. Code Ann. §
21-8-401 through
§
21-8-803
shall be deemed guiity of a Class A misdemeanor. The culpable mental state
required shall be a purposeful violation.