Arkansas Administrative Code › Agency 153 - Arkansas Ethics Commission › Rule 153.00.05-003 - Changes to Rules on Lobbyist Registration and Reporting

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, self-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) 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);
(H) Wedding
		  presents and engagement gifts;
(I)
		  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
		  education;
(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;
(K) A
		  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
		  public service;
(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;
(O) A
		  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
(Q) Racing
		  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
		  education.
(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
		  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.
(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
		  is made.
(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
		  office.
(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
		  is invited.