Arkansas Administrative Code › Agency 153 - Arkansas Ethics Commission › Rule 153.00.17-006 - Rules on Prohibition of Gifts from Lobbyists to Certain Public Officials Under Ark. Const. Art. 19, Section 30. 2017

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
-
(1) As used in these rules, the term "gift"
		  means:
(A) Any payment, entertainment,
		  service, or anything of value, unless consideration of equal or greater value
		  has been given therefor ; or
(B)
		  Advance or loan.
(2)
		  "Gift" does not include:
(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;
(B) Gifts that are not used and which, within
		  thirty (30) days after receipt, are returned to the donor;
(C) 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 (2)(c);
(D) Anything of value that is readily
		  available to the general public at no cost;
(E)
(1)
(a) 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.
(b) If a committee of the General Assembly is
		  invited to a planned activity under this subdivision only members of the
		  committee of the General Assembly may accept food or drink at the planned
		  activity.
(2)
(a) As used in §1900 (b)(2)(E)(1)(a)
		  "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.
(b) As used in §
		  1900(2)(E)(1)(a), "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.
(3) 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;
(F)
(1) 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.
(2) As used in Ark. Const. Art. 19, §
		  30(b)(2)(B)(vi), "travel" means transportation, lodging, and conference
		  registration fees.
(3) 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;
(G) Campaign contributions;
(H) Any devise or inheritance;
(I) Salaries, benefits, services, fees,
		  commissions, expenses, or anything of value in connection with:
(1) 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
(2) 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
(J) A personalized award, plaque, or trophy
		  with a value of one hundred fifty dollars ($150) or less.
(K)
(1) The
		  use of one (1) or more rooms or facilities owned, operated, or otherwise
		  utilized by a state agency or political subdivision of the state for the
		  purpose of conducting a meeting of a specific governmental body.
(2) As used in this subdivision
		  §1900(K)(1):
(a) "Rooms or facilities"
		  includes without limitation property belonging to a state agency or political
		  subdivision used in connection with a meeting of a specific governmental body
		  such as projectors, microphones, and computer equipment; and
(b) "State agency" means every department,
		  division, office, board, commission, and institution of this state, including
		  state-supported institutions of higher education;
(L) Nonalcoholic beverages
		  provided to attendees at a meeting of a civic, social, or cultural organization
		  or group;
(M) Food and nonalcoholic
		  beverages provided to participants in a bona fide panel, seminar, or speaking
		  engagement at which the audience is a civic, social, or cultural organization
		  or group; and
(N) Anything of value
		  provided by a recognized political party when serving as the host of the
		  following events to all attendees as part of attendance at the event:
(1) The official swearing-in, inaugural, and
		  recognition events of constitutional officers and members of the General
		  Assembly; and
(2) An official event
		  of a recognized political party so long as all members of either house of the
		  General Assembly affiliated with the recognized political party are invited to
		  the official event;
(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.
(n)
Recognized political party
-
		  As used in these rules, the term "recognized political party
"
means a political party that:
(1)
(A)
(i) At
		  the last preceding general election polled for its candidate for Governor in
		  the state or nominees for presidential electors at least three percent (3%) of
		  the entire vote cast for the office; or
(ii) Has been formed by the petition process
		  under §
											7-7-205.
(B) When a recognized political
		  party fails to obtain three percent (3%) of the total votes cast in an election
		  for the office of Governor or nominees for presidential electors, it shall
		  cease to be a recognized political party; and
(o)
Advance or Loan
- As used in
		  these rules, the term "advance or loan" means a sum of money that is borrowed
		  with the expectation that it be paid back, regardless of whether interest is
		  charged. (B) "Advance or loan" does not include an advance or loan made in the
		  ordinary course of business by a:
(i)
		  Financial institution; or
(ii)
		  Business that regularly and customarily extends credit.