Arkansas Administrative Code › Agency 153 - Arkansas Ethics Commission › Rule 153.00.15-003 - Rules on Prohibition of Gifts from Lobbyists to Certain Public Officials under Ark. Conts. Art. 19 section 30

Current through Register Vol. 49, No. 6, June, 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
- As used in these
		  rules, the term "gift" means any payment, entertainment, advance, services, or
		  anything of value, unless consideration of equal or greater value has been
		  given therefor. "Gift" does not include:
(i)
(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;
(ii) Gifts
		  that are not used and which, within thirty (30) days after receipt, are
		  returned to the donor;
(iii) 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(b)(iii);
(iv) Anything of
		  value that is readily available to the general public at no cost;
(v)
(a)
(1) 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.
(2) If a committee of the General Assembly is
		  invited to a planned activity under Ark. Const. Art. 19, §
		  30(b)(2)(B)(v)(a)(1), only members of the committee of the General Assembly may
		  accept food or drink at the planned activity.
(b)
(1 As used in Ark. Const. Art. 19, § 30(b)(2)(B)(v),
			 "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. (2) As used in Ark. Const. Art. 19, § 30(b)(2)(B)(v), "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.
(c) 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;
(vi)
(a)
		  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.
(b) As
		  used in Ark. Const. Art. 19, § 30(b)(2)(B)(vi), "travel" means
		  transportation, lodging, and conference registration fees.
(c) 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;
(vii) Campaign
		  contributions;
(viii) Any devise or
		  inheritance;
(ix) Salaries,
		  benefits, services, fees, commissions, expenses, or anything of value in
		  connection with:
(a) 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
(b) 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
(x) A personalized award, plaque, or trophy
		  with a value of one hundred fifty dollars ($150) or less.
(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.