Current through Register Vol. 2022, No. 3, March, 2022
(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
"Association" means a body of individuals acting together for the prosecution
of a common enterprise.
"Business" means any corporation, partnership, sole proprietorship, firm,
enterprise, franchise, association, organization, self-employed individual,
receivership, trust, or any legal entity through which business is
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
(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.
The term "household" does not include an individual's roommate.
(1) "Gift" means any payment, entertainment,
advance, services, or anything of value, unless consideration of equal or
greater value has been given therefor.
The term "gift" does not include:
(A) Informational material such as books,
reports, pamphlets, calendars, or periodicals informing a public servant
regarding his or her official duties (NOTE: 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 subdivision;
(E) Campaign contributions;
(F) Any devise or inheritance;
(G) Anything with a value of $100 or less
(NOTE: The value of an item shall be considered to be less than $100 if the
public servant reimburses the person from whom the item was received any amount
over $100 and the reimbursement occurs within ten (10) days from the date the
item was received);
presents and engagement gifts;
A monetary or other award presented to an employee of a public school district,
the Arkansas School for the Blind, the Arkansas School for the Deaf, the
Arkansas School for Mathematics and Science, a university, a college, a
technical college, a technical institute, a comprehensive life-long learning
center, or a community college in recognition of the employee's contribution to
(J) Tickets to
charitable fundraising events held within this state by a non-profit
organization which is exempt from taxation under Section 501(c)(3) of the
Internal Revenue Code;
personalized award, plaque, or trophy with a value of $150 or less;
(L) An item which appointed or elected
members of a specific governmental body purchase with their own personal funds
and present to a fellow member of that governmental body in recognition of
(M) Food or
beverages provided at a conference scheduled event that is part of the program
of the conference;
(N) Food or
beverages provided in return for participation in a bona fide panel, seminar,
speaking engagement at which the audience is a civic, social, or cultural
organization or group;
monetary or other award publicly presented to an employee of state government
in recognition of his or her contributions to the community and State of
Arkansas when the presentation is made by the employee's supervisor or peers,
individually or through a non-profit organization which is exempt from taxation
under Section 501(c) of the Internal Revenue Code, and the employee's receipt
of the award would not result in or create the appearance of the employee using
his or her position for private gain, giving preferential treatment to any
person, or losing independence or impartiality (NOTE: This exception shall not
apply to an award presented to an employee of state government by a person
having economic interests which may be affected by the performance or
nonperformance of the employee's duties or responsibilities);
(P) Any work of art, contracted for prior to
January 1, 1998, for public service recognition for members of the Arkansas
General Assembly; or
passes provided to and accepted by members of the General Assembly and other
constitutional officers for redistribution to their constituents and persons
residing outside the State of Arkansas to promote tourism and advance the
economic interests of the State.
(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. The term "compensation" does
not include anything of value presented to an employee of a public school
district, the Arkansas School for the Blind, the Arkansas School for the Deaf,
the Arkansas School for Mathematics and Science, a university, a college, a
technical college, a technical institute, a comprehensive life-long learning
center, or a community college in recognition of the employee's contribution to
(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 General
Assembly, a quorum court, or a city council or board of directors of a
(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.
(l) "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) "Official capacity" means activities
which arise solely because of the position held by the public servant, which
would be subject to expense reimbursement by the agency with which the public
servant is associated, and which involve matters falling within the official
responsibilities of the public servant.
(o) "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
(p) "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.
(q) "Person" means a business, individual,
corporation, union, association, firm, partnership, committee, club, or other
organization or group of persons.
(r) "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
(s) "Public servant" means
all public officials, public employees, and public appointees.
(t) "Registered lobbyist" means a lobbyist
registered pursuant to § 502 of these rules.
(u) "Special event" means a planned activity
to which a specific governmental body or identifiable group of public servants
Definition of "lobbyist."
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 $400 or more in a calendar quarter for
lobbying activities; or
$400 or more in a calendar quarter for lobbying activities, excluding the cost
of personal travel, lodging, meals, or dues; or
(3) expends $400 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
(c) Whether a person is a
lobbyist is a factual determination made by the Arkansas Ethics Commission on a
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.
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
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
the name of a contact person within the
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
(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.
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
(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.
Exceptions to the lobbyist
lobbyist is not required to register if he or she engages in no lobbying other
than the following activities:
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
(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;
Acting in his or her official capacity as
a public servant unless he or she:
receives income from a non-governmental person over $400 in a quarter for
(B) expends or is
reimbursed over $400 in a quarter, regardless of the source, for lobbying,
excluding the cost of informational material and personal travel, lodging,
meals, and dues;
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. §
(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
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
$400 in a calendar quarter for food, lodging, travel, or gifts to benefit
public servants who purchase goods or services on behalf of a governmental
(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.
Where to register and make
(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.
(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
The written notice
of termination shall:
(1) report the
registered lobbyist's name;
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
(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
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
$1,000 and may be issued a public letter of caution, warning or
(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 Arkansas Ethics
Commission a fine of not less than $25 and not more than $1,000 and may be
issued a public letter of caution, warning or reprimand.
Requirement of lobbyist activity reports; filing
deadlines and public inspection.
Each person registered or 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):
Second quarter (covering April 1-June 30):
Third quarter (covering July 1-September 30):
Fourth quarter (covering October 1-December
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.
Whenever the filing due date listed in
paragraph (a) or (b) falls on a Saturday, Sunday, or legal 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 legal 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
Received by the appropriate public official as set forth in § 505 in a
readable electronic format which is approved by the Arkansas Ethics
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.
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.
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.
As further detailed in §§
511-513 of these rules, lobbyist activity reports shall contain:
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;
(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
(2) The name
and address of the registered lobbyist and his or her client(s).
Reporting of expenditures made on behalf of public servants; subject
Lobbyist activity reports
shall contain an itemized listing of each of the following items:
Each gift worth more than $100 given to a
public servant or on behalf of the public servant, including:
(A) the date the gift was given;
(B) the greater of the cost or fair market
value of the gift;
(C) the name of
the public servant to whom the gift was given;
(D) a description of the gift;
(E) the amount paid by the lobbyist towards
the total expenditure; and
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 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 exact amount paid by the lobbyist
towards the total expenditure (NOTE: in calculating the amount paid for a meal,
sales tax related to the meal should be included but it is not necessary to
include the tip related to the meal);
(C) the name of the public servant
(D) the description of
(E) the name of the
conference, seminar, or event;
the purpose of the lodging or travel;
(G) the name of the entity receiving the
payment and in the case of lodging, the name of hotel, motel, or other place of
(H) the greater of
the actual cost paid by the lobbyist or the fair market value of the lodging or
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.
(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 and split the bill for the meal evenly, the $40
itemization would be met and each lobbyist would report an expenditure of $25
as well as the names of the other lobbyists sharing the cost of the
(iii) If four lobbyists
provide two public servants with lodging or travel costing $152 and split the
bill evenly, the itemization threshold would be met and each lobbyist would
report an expenditure of $38 as well as the names of the other lobbyists
sharing the expense.
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. The information reported shall include:
(A) the date the item was given;
(B) the name of the public servant
(C) the greater of the
cost or fair market value of the item;
(D) the exact amount paid by the lobbyist
towards the total expenditure;
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
(F) a description of the
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 worth $100 to a public servant, the $40 itemization threshold would be
met and each lobbyist would report the giving of a $20 item to the public
servant and also report the names of the other lobbyists sharing in the cost of
the giving of the item.
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 $25 per individual, except as noted in § 514(3);
(2) a statement detailing the
direct business association or partnership with any public servant whom the
lobbyist may lobby.
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.
Reporting of expenditures
for amusement, charity and sporting events.
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
EXAMPLE: If the lobbyist buys four tickets to a football game
costing $22 each and gives them all to a legislator, the lobbyist must itemize
this expenditure on his lobbyist activity report. This lobbyist would report
that he made an $88 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 §
(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
(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.
(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 (c).
(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", see
Advisory Opinion No. 99-EC-008.
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
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.
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
(2) the name of the event
hosted, if applicable;
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.
What lobbyist activity
reports do not have to disclose.
Lobbyist activity reports do not have to disclose the
(1) Office expenses other
than those specifically required to be reported under § 510 of these
(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;
(4) Compensation paid to the
lobbyist by his or her client(s) or principal(s).
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.
Provision of forms; public
availability of filed statements and reports.
The Secretary of State, each county clerk and each city clerk or
(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) make all
statements, forms, and reports filed available for public inspection and
copying, at a reasonable cost, during regular office hours.
Prohibited Acts and
(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.
former member of the Arkansas Senate or the Arkansas House of Representatives
shall not be eligible to be registered as a lobbyist until the expiration of
the term of office for which he or she was elected.
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
purposely omit, conceal, or falsify in any manner information required by the
registration and lobbyist activity reports.
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
(2) Any person
violating this three (3) year ban will be deemed guilty of a violation of these
Penalties for failure to file or late filing of
lobbyist activity reports.
addition to other sanctions which may be imposed under Ark. Code Ann. §
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
Repeated Delinquency by Same
1 to 10 days late
11 to 20 days late
21 to 30 days late
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 Arkansas Ethics
Commission a fine of not less than $25 or more than $1,000 for each violation
and may be issued a public letter of caution, warning or reprimand.
Pursuant to Ark. Code Ann. §
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. §
shall be deemed guilty of a Class A misdemeanor. The culpable mental state
required shall be a purposeful violation.