Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
94th General Assembly A Bill 2
Regular Session, 2023 HOUSE BILL 1149 3
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By: Representative Cavenaugh 5
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For An Act To Be Entitled 7
AN ACT TO PROHIBIT G IFTS FROM LOBBYISTS TO CABINET-8
LEVEL DEPARTMENT SEC RETARIES; TO AMEND T HE LAW 9
CONCERNING THE ARKAN SAS ETHICS COMMISSIO N; TO AMEND 10
THE LAW RESULTING FR OM INITIATED ACT 1 O F 1988; AND 11
FOR OTHER PURPOSES. 12
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Subtitle 15
TO PROHIBIT GIFTS FR OM LOBBYISTS TO 16
CABINET-LEVEL DEPARTMENT SECRETARIES; TO 17
AMEND THE LAW CONCERNING THE ARKANSAS 18
ETHICS COMMISSION; AND TO AMEND THE LAW 19
RESULTING FROM INITIATED ACT 1 OF 1988. 20
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23
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SECTION 1. Arkansas Code Title 21, Chapter 8, Subchapter 3, is amended 25
to add an additional section to read as follows: 26
21-8-311. Gifts from lobbyists to secretaries of cabinet -level 27
departments. 28
(a) Persons appointed, hired, or serving in the following posit ions in 29
the state shall not knowingly solicit or accept a gift from a lobbyist, a 30
person acting on behalf of a lobbyist, or a person employing or contracting 31
with a lobbyist: 32
(1) Secretary of the Department of Agriculture; 33
(2) Secretary of the Depart ment of Commerce; 34
(3) Secretary of the Department of Corrections; 35
(4) Secretary of the Department of Education; 36 HB1149
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(5) Secretary of the Department of Energy and Environment; 1
(6) Secretary of the Department of Finance and Administration; 2
(7) Secretary of the Department of Health; 3
(8) Secretary of the Department of Human Services; 4
(9) Secretary of the Department of Inspector General; 5
(10) Secretary of the Department of Labor and Licensing; 6
(11) Secretary of the Department of the Milita ry; 7
(12) Secretary of the Department of Parks, Heritage, and 8
Tourism; 9
(13) Secretary of the Department of Public Safety; 10
(14) Secretary of the Department of Transformation and Shared 11
Services; and 12
(15) Secretary of the Department of Veterans Af fairs. 13
(b)(1) A person who knowingly violates this section is guilty of a 14
Class B misdemeanor. 15
(2) The Arkansas Ethics Commission shall: 16
(A) Promulgate rules to implement and administer this 17
section as necessary; 18
(B) Issue advisory opinions an d guidelines on the 19
requirements of this section; and 20
(C) Investigate complaints of alleged violations of this 21
section and issue findings and disciplinary action for those complaints. 22
(3)(A) It is an affirmative defense to prosecution or 23
disciplinary action under subdivisions (b)(1) and (2) of this section that a 24
person appointed, hired, or serving in a position under subsection (a) of 25
this section takes one (1) of the following actions within thirty (30) days 26
of discovering or learning of an unintentional violation of this section: 27
(i) Returns the gift to the donor; or 28
(ii) If the gift is not returnable, pays the donor 29
consideration that is equal to or greater than the value of the gift. 30
(B)(i) The commission shall not procee d with an 31
investigation of an alleged violation of this section if the commission 32
determines that a person would be eligible to raise the affirmative defense 33
under subdivision (b)(3)(A) of this section. 34
(ii) If the commission does not proceed with an 35
investigation of an alleged violation under subdivision (b)(3)(B)(i) of this 36 HB1149
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section, the person shall not be considered to have committed a violation. 1
(C) This subdivision (b)(3) does not authorize a person to 2
knowingly solicit or accept a gift in vio lation of this section. 3
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SECTION 2. Arkansas Code § 21 -8-402, resulting from Initiated Act 1 of 5
1988, is amended to read as follows: 6
21-8-402. Definitions. 7
As used in this subchapter and § 21-8-311, § 21-8-601 et seq., § 21-8-8
701 et seq., and § 21 -8-801 et seq., unless the context otherwise requires: 9
(1)(A) “Administrative action” means any decision on, or 10
proposal, consideration, or making of any rule, ratemaking proceeding, or 11
policy action by a governmental body. 12
(B) “Administrative action” d oes not include ministerial 13
action; 14
(2) “Business” means any corporation, partnership, sole 15
proprietorship, firm, enterprise, franchise, association, organization, self -16
employed individual, receivership, trust, or any legal entity through which 17
business is conducted; 18
(3) “County government” means any office, department, 19
commission, council, board, bureau, committee, legislative body, agency, or 20
other establishment of a county; 21
(4) “Family” means an individual's spouse, children of that 22
individual or his or her spouse, or brothers, sisters, or parents of the 23
individual or his or her spouse; 24
(5)(A) “Gift” means any payment, entertainment, advance, 25
services, or anything of value, unless consideration of equal or greater 26
value has been given therefor . 27
(B) The term “gift” does not include: 28
(i)(a) Informational material such as books, 29
reports, pamphlets, calendars, or periodicals informing a public servant 30
regarding his or her official duties. 31
(b) Payments for travel or reimbursement for 32
any expenses are not informational material; 33
(ii) The giving or receiving of food, lodging, or 34
travel which bears a relationship to the public servant's office and when 35
appearing in an official capacity; 36 HB1149
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(iii) Gifts which are not used and which, within 1
thirty (30) days after receipt, are returned to the donor; 2
(iv) Gifts from an individual's spouse, child, 3
parent, grandparent, grandchild, brother, sister, parent -in-law, brother-in-4
law, sister-in-law, nephew, niece, aunt, uncle, or first cousi n, or the 5
spouse of any of these persons, unless the person is acting as an agent or 6
intermediary for any person not covered by this subdivision (5)(B)(iv); 7
(v) Campaign contributions; 8
(vi) Any devise or inheritance; 9
(vii)(a) Anything with a value of one hundred 10
dollars ($100) or less. 11
(b) The value of an item shall be considered 12
to be less than one hundred dollars ($100) if the public servant reimburses 13
the person from whom the item was received any amount over one hundred 14
dollars ($100) and the reimbursement occurs within ten (10) days from the 15
date the item was received; 16
(viii) Wedding presents and engagement gifts; 17
(ix) A monetary or other award presented to an 18
employee of a public school district, the Arkansas School for t he Blind, the 19
Arkansas School for the Deaf, the Arkansas School for Mathematics, Sciences, 20
and the Arts, a university, a college, a technical college, a technical 21
institute, a comprehensive life -long learning center, or a community college 22
in recognition of the employee's contribution to education; 23
(x) Tickets to charitable fund -raising events held 24
within this state by a nonprofit organization which is exempt from taxation 25
under section 501(c)(3) of the Internal Revenue Code; 26
(xi) A personalized award, plaque, or trophy with a 27
value of one hundred and fifty dollars ($150) or less; 28
(xii) An item which appointed or elected members of 29
a specific governmental body purchase with their own personal funds and 30
present to a fellow member of that gover nmental body in recognition of public 31
service; 32
(xiii) Food or beverages provided at a conference -33
scheduled event that is part of the program of the conference; 34
(xiv) Food or beverages provided in return for 35
participation in a bona fide panel, sem inar, or speaking engagement at which 36 HB1149
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the audience is a civic, social, or cultural organization or group; 1
(xv)(a) A monetary or other award publicly presented 2
to an employee of state government in recognition of his or her contributions 3
to the community and State of Arkansas when the presentation is made by the 4
employee's supervisors or peers, individually or through a nonprofit 5
organization which is exempt from taxation under section 501(c)(3) of the 6
Internal Revenue Code, and the employee's receipt o f the award would not 7
result in or create the appearance of the employee using his or her position 8
for private gain, giving preferential treatment to any person, or losing 9
independence or impartiality. 10
(b) The exception in subdivision (5)(B)(xv)(a) 11
of this section shall not apply to an award presented to an employee of state 12
government by a person having economic interests which may be affected by the 13
performance or nonperformance of the employee's duties or responsibilities; 14
and 15
(xvi) Anything of value provided by a political 16
party under § 7-1-101 or § 7-7-205 when serving as the host of the following 17
events to all attendees as part of attendance at the event: 18
(a) The official swearing -in, inaugural, and 19
recognition events of constitutiona l officers and members of the General 20
Assembly; and 21
(b) An official event of a recognized 22
political party so long as all members of either house of the General 23
Assembly affiliated with the recognized political party are invited to the 24
official event; 25
(6) “Governmental body” means any office, department, 26
commission, council, board, committee, legislative body, agency, or other 27
establishment of the executive, judicial, or legislative branch of the state, 28
municipality, county, school district, improve ment district, or any political 29
district or subdivision thereof; 30
(7)(A) “Income” or “compensation” means any money or anything of 31
value received or to be received as a claim for future services, whether in 32
the form of a retainer, fee, salary, expense, a llowance, forbearance, 33
forgiveness, interest, dividend, royalty, rent, or any other form of 34
recompense or any combination thereof. It includes a payment made under 35
obligation for services or other value received. 36 HB1149
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(B) The term “compensation” does not in clude anything of 1
value presented to an employee of a public school district, the Arkansas 2
School for the Blind, the Arkansas School for the Deaf, the Arkansas School 3
for Mathematics, Sciences, and the Arts, a university, a college, a technical 4
college, a technical institute, a comprehensive life -long learning center, or 5
a community college in recognition of the employee's contribution to 6
education; 7
(8) “Legislative action” means introduction, sponsorship, 8
consideration, debate, amendment, passage, defea t, approval, veto, or any 9
other official action or nonaction on any bill, ordinance, law, resolution, 10
amendment, nomination, appointment, report, or other matter pending or 11
proposed before a committee or house of the General Assembly, a quorum court, 12
or a city council or board of directors of a municipality; 13
(9) “Legislator” means any person who is a member of: 14
(A) The General Assembly; 15
(B) A quorum court of any county; 16
(C) The city council or board of directors of any 17
municipality; or 18
(D) A member of a school district board of directors; 19
(10) “Lobbying” means communicating directly or soliciting 20
others to communicate with any public servant with the purpose of influencing 21
legislative action or administrative action; 22
(11) “Lobbyist” means a person who: 23
(A) Receives income or reimbursement in a combined amount 24
of four hundred dollars ($400) or more in a calendar quarter for lobbying one 25
(1) or more governmental bodies; 26
(B) Expends four hundred dollars ($400) or more in a 27
calendar quarter for lobbying one (1) or more governmental bodies, excluding 28
the cost of personal travel, lodging, meals, or dues; or 29
(C) Expends four hundred dollars ($400) or more in a 30
calendar quarter, including postage, for the express purpose of solicit ing 31
others to communicate with any public servant to influence any legislative 32
action or administrative action of one (1) or more governmental bodies unless 33
the communication has been filed with the Secretary of State or the 34
communication has been publishe d in the news media. If the communication is 35
filed with the Secretary of State, the filing shall include the approximate 36 HB1149
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number of recipients; 1
(12) “Municipal government” means any office, department, 2
commission, council, board, bureau, committee, legis lative body, agency, or 3
other establishment of a municipality; 4
(13) “Official capacity” means activities which: 5
(A) Arise solely because of the position held by the 6
public servant; 7
(B) Would be subject to expense reimbursement by the 8
agency with which the public servant is associated; and 9
(C) Involve matters which fall within the official 10
responsibility of the public servant; 11
(14) “Person” means a business, individual, corporation, union, 12
association, firm, partnership, committee, club, or other organization or 13
group of persons; 14
(15)(A) “Public appointee” means an individual who is appointed 15
to a governmental body. 16
(B) “Public appointee” shall not include an individual 17
appointed to an elective office; 18
(16)(A) “Public employee” means an individual who is employed by 19
a governmental body or who is appointed to serve a governmental body. 20
(B) “Public employee” shall not include public officials 21
or public appointees; 22
(17)(A) “Public official” means a legislator or any other per son 23
holding an elective office of any governmental body, whether elected or 24
appointed to the office, and shall include such persons during the time 25
period between the date they were elected and the date they took office. 26
(B) “Public official” includes without limitation a member 27
of a school district board of directors; 28
(18) “Public servant” means all public officials, public 29
employees, and public appointees; 30
(19) “Registered lobbyist” means a lobbyist registered pursuant 31
to the provisions of this subchapter and § 21-8-601 et seq., § 21-8-701 et 32
seq., and § 21-8-801 et seq.; 33
(20) “Special event” means a planned activity to which a 34
specific governmental body or identifiable group of public servants is 35
invited; and 36 HB1149
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(21) “State government” means any office, department, 1
commission, council, board, bureau, committee, legislative body, agency, or 2
other establishment of the State of Arkansas. 3
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SECTION 3. DO NOT CODIFY. Rules. 5
(a) When adopting the initial rules required under this act, the 6
Arkansas Ethics Commission shall file the final rules with the Secretary of 7
State for adoption under § 25 -15-204(f): 8
(1) On or before January 1, 2024; or 9
(2) If approval under § 10 -3-309 has not occurred by January 1, 10
2024, as soon as practicable after ap proval under § 10-3-309. 11
(b) The commission shall file the proposed rules with the Legislative 12
Council under § 10-3-309(c) sufficiently in advance of January 1, 2024, so 13
that the Legislative Council may consider the rules for approval before 14
January 1, 2024. 15
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