Arkansas Administrative Code › Agency 153 - Arkansas Ethics Commission › Rule 153.00.97-001 - Rules on Lobbyist Registration and Reporting

Current through Register Vol. 49, No. 6, June, 2024
Arkansas Ethics Commission
A.
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)
(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 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 less than
		  $100;
(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.
(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.
(I) "Lobbyist's client" means the person,
		  such as an employer, in 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.
(r) "Public servant" means all public
		  officials, public employees, and public appointees.
(s) "Registered lobbyist" means a lobbyist
		  registered pursuant to the provisions of this subchapter.
(t) "Special event" is a planned activity
		  hosted by a lobbyist as detailed and explained in § 513 of these
		  rules.