Arkansas Constitution of 1874 Art. 19, § 30. Gifts from lobbyists
Current as of January 01, 2020 | Updated by FindLaw Staff
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(a) Persons elected or appointed to the following offices shall not knowingly or willfully solicit or accept a gift from a lobbyist, a person acting on behalf of a lobbyist, or a person employing or contracting with a lobbyist:
(1) Governor;
(2) Lieutenant Governor;
(3) Secretary of State;
(4) Treasurer of State;
(5) Auditor of State;
(6) Attorney General;
(7) Commissioner of State Lands;
(8) Member of the General Assembly;
(9) Chief Justice of the Supreme Court;
(10) Justice of the Supreme Court;
(11) Chief Judge of the Court of Appeals;
(12) Judge of the Court of Appeals;
(13) Circuit court judge;
(14) District court judge;
(15) Prosecuting attorney; and
(16) Member of the independent citizens commission for the purpose of setting salaries of elected constitutional officers of the executive department, members of the General Assembly, justices, and judges under Article 19, § 31, of this Constitution.
(b) As used in this section:
(1)(A) “Administrative action” means a decision on, or proposal, consideration, or making of a rule, regulation, ratemaking proceeding, or policy action by a governmental body.
(B) “Administrative action” does not include ministerial action;
(2)(A) “Gift” means:
(i) Any payment, entertainment, service, or anything of value, unless consideration of equal or greater value has been given therefor; or
(ii) Any advance or loan.
(B) “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 subsection (a) of this section 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 subsection (a) of this section, 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 (b)(2)(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 subsection (a) of this section is not a member.
(2) If a committee of the General Assembly is invited to a planned activity under subdivision (b)(2)(B)(v)(a)(1) of this section, only members of the committee of the General Assembly may accept food or drink at the planned activity.
(b)(1) As used in this subdivision (b)(2)(B)(v), “planned activity” means an event for which a written invitation is distributed electronically or by other means by 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 this subdivision (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 subsection (a) of this section 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 subsection (a) of this section.
(b) As used in this subdivision (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 subsection (a) of this section 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 or 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 subsection (a) of this section 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 or responsibilities of the office to which the person has been elected or appointed;
(x) A personalized award, plaque, or trophy with a value of one hundred fifty dollars ($150) or less;
(xi)(a) 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.
(b) As used in this subdivision (b)(2)(B)(xi):
(1) “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
(2) “State agency” means every department, division, office, board, commission, and institution of this state, including state-supported institutions of higher education;
(xii) Nonalcoholic beverages provided to attendees at a meeting of a civic, social, or cultural organization or group;
(xiii) 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
(xiv) 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:
(a) The official swearing-in, inaugural, and recognition events of constitutional officers and members of the General Assembly; and
(b) 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;
(3) “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;
(4)(A) “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.
(B) “Income” includes a payment made under obligation for services or other value received;
(5) “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;
(6) “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;
(7) “Lobbying” means communicating directly or soliciting others to communicate with a public servant with the purpose of influencing legislative action or administrative action;
(8)(A) “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.
(B) “Lobbyist” does not include a recognized political party;
(9)(A) “Person” means a business, individual, union, association, firm, committee, club, or other organization or group of persons.
(B) As used in subdivision (b)(9)(A) of this section, “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;
(10)(A) “Public appointee” means an individual who is appointed to a governmental body.
(B) “Public appointee” does not include an individual appointed to an elective office;
(11)(A) “Public employee” means an individual who is employed by a governmental body or who is appointed to serve a governmental body.
(B) “Public employee” does not include a public official or a public appointee;
(12) “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;
(13) “Public servant” means all public officials, public employees, and public appointees;
(14)(A) “Recognized political party” means a political party that:
(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
(15)(A) “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.
(c)(1) A person who knowingly violates this section is guilty of a Class B misdemeanor.
(2) In addition to the penalty under subdivision (c)(1) of this section, the General Assembly shall provide by law for this section to be under the jurisdiction of the Arkansas Ethics Commission, including without limitation authorization of the following actions by the Arkansas Ethics Commission:
(A) Promulgating reasonable rules to implement and administer this section as necessary;
(B) Issuing advisory opinions and guidelines on the requirements of this section; and
(C) Investigating complaints of alleged violations of this section and rendering findings and disciplinary action for such complaints.
(3)(A) It is an affirmative defense to prosecution or disciplinary action under subdivisions (c)(1) and (2) of this section that a person elected or appointed to an office under subsection (a) of this section takes one (1) of the following actions within thirty (30) days of discovering or learning of an unintentional violation of this section:
(i) Returns the gift to the donor; or
(ii) If the gift is not returnable, pays the donor consideration that is equal to or greater than the value of the gift.
(B)(i) The Arkansas Ethics Commission shall not proceed with an investigation of an alleged violation of this section if the Arkansas Ethics Commission determines that a person would be eligible to raise the affirmative defense under subdivision (c)(3)(A) of this section.
(ii) If the Arkansas Ethics Commission does not proceed with an investigation of an alleged violation under subdivision (c)(3)(B)(i) of this section, the person shall not be considered to have committed a violation.
(C) This subdivision (c)(3) shall not be construed to authorize a person to knowingly or willfully solicit or accept a gift in violation of this section.
(d)(1)(A) Except as provided in subdivision (d)(1)(B) of this section, the General Assembly, in the same manner as required for amendment of laws initiated by the people, may amend this section so long as such amendments are germane to this section and consistent with its policy and purposes.
(B) The General Assembly may amend subsection (c) of this section by a majority vote of each house.
(2)(A) If an act of the General Assembly amends this section, the Arkansas Code Revision Commission may, by a majority vote of the Arkansas Code Revision Commission, make the following revisions to the act so long as the revisions do not change the substance or meaning of the act:
(i) Correct the spelling of words;
(ii) Change capitalization for the purpose of uniformity;
(iii) Correct manifest typographical and grammatical errors;
(iv) Correct manifest errors in references to laws and other documents;
(v) Correct manifest errors in internal reference numbers;
(vi) Number, renumber, redesignate, and rearrange this section;
(vii) Change internal reference numbers to agree with renumbered sections, subsections, subdivisions, or other provisions of law;
(viii) Insert or delete hyphens in words to follow correct grammatical usage;
(ix) Change numerals or symbols to words or vice versa and add figures or words if they are merely repetitions of written words or vice versa for purposes of uniformity and style;
(x) Change the form of nouns, pronouns, and verbs for purposes of style and grammar;
(xi) Correct punctuation; and
(xii) Change gender-specific language to gender-neutral language.
(B)(i) If more than one (1) act amending this section is enacted by the General Assembly during the same session, the Arkansas Code Revision Commission may, by a majority vote of the Arkansas Code Revision Commission, revise this section as necessary so that all of the enactments shall be given effect, including without limitation renumbering, redesignating, and rearranging subsections and subdivisions of this section.
(ii) In the event that one (1) or more acts amending this section result in an irreconcilable conflict with one (1) or more other acts amending this section enacted during the same session, the Arkansas Code Revision Commission may, by a majority vote of the Arkansas Code Revision Commission, revise this section so that the conflicting provision of the last enactment prevails.
(3) If the Arkansas Code Revision Commission makes revisions under subdivision (d)(2) of this section, the Arkansas Code Revision Commission shall file a report with the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and the Governor that:
(A) Explains the revisions made under subdivision (d)(2) of this section; and
(B) Includes the text of this section as amended by the revisions made under subdivision (d)(2) of this section.
Cite this article: FindLaw.com - Arkansas Constitution of 1874 Art. 19, § 30. Gifts from lobbyists - last updated January 01, 2020 | https://codes.findlaw.com/ar/arkansas-constitution-of-1874/ar-const-art-19-sect-30/
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