Arkansas Administrative Code › Agency 153 - Arkansas Ethics Commission › Rule 153.00.99-003 - Lobbyist Registration and Reporting Rules

Current through Register Vol. 49, No. 6, June, 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.