45 | 41 | | § 21-8-1001 et seq.; § 21-8-1101 et seq.; § 25-1-125; and Arkansas 1 |
---|
46 | 42 | | Constitution, Article 19, §§ 28 -30; and to govern procedures before the 2 |
---|
47 | 43 | | commission, matters of commission operations, and all investigative and 3 |
---|
48 | 44 | | disciplinary procedures and proceedings; 4 |
---|
49 | 45 | | (2) Issue advisory opinions and guidelines on the requirements 5 |
---|
50 | 46 | | of § 6-24-101 et seq.; § 7-1-103(a)(1)-(4), (6), and (7); § 7 -1-114 6 |
---|
51 | 47 | | [repealed]; this subchapter; the Disclosure Act for Public Initiatives, 7 |
---|
52 | 48 | | Referenda, and Measures Referred to Voters, § 7 -9-401 et seq.; § 19-11-718; § 8 |
---|
53 | 49 | | 21-8-301 et seq.; the Disclosure Act for Lobbyists and State and Local 9 |
---|
54 | 50 | | Officials, § 21-8-401 et seq., § 21-8-601 et seq., § 21-8-701 et seq., and § 10 |
---|
55 | 51 | | 21-8-801 et seq.; § 21-8-901 et seq.; § 21-8-1001 et seq.; § 21-8-1101 et 11 |
---|
56 | 52 | | seq.; § 25-1-125; and Arkansas Constitution, Article 19, §§ 28 -30; 12 |
---|
57 | 53 | | (3) After a citizen complaint has been submitted to the 13 |
---|
58 | 54 | | commission, investigate alleged violations of § 6 -24-101 et seq.; § 7-1-14 |
---|
59 | 55 | | 103(a)(1)-(4), (6), and (7); § 7 -1-114 [repealed]; this subchapter; the 15 |
---|
60 | 56 | | Disclosure Act for Public Initiatives, Referenda, and Measures Referred to 16 |
---|
61 | 57 | | Voters, § 7-9-401 et seq.; § 19-11-718; § 21-1-401 et seq.; § 21-8-301 et 17 |
---|
62 | 58 | | seq.; the Disclosure Act for Lobbyists and State and Local Officials, § 21 -8-18 |
---|
63 | 59 | | 401 et seq., § 21-8-601 et seq., § 21-8-701 et seq., and § 21 -8-801 et seq.; 19 |
---|
64 | 60 | | § 21-8-901 et seq.; § 21-8-1001 et seq.; § 21-8-1101 et seq.; § 25-1-125; and 20 |
---|
65 | 61 | | Arkansas Constitution, Article 19, §§ 28 -30; and render findings and 21 |
---|
66 | 62 | | disciplinary action thereon; 22 |
---|
67 | 63 | | 23 |
---|
68 | 64 | | SECTION 2. Arkansas Code § 7 -6-218(a)(1), concerning citizen 24 |
---|
69 | 65 | | complaints filed with the Arkansas Ethics Commission and resulting from 25 |
---|
70 | 66 | | Initiated Act 1 of 1990, is amended to read as follows: 26 |
---|
71 | 67 | | (a)(1) Any citizen may file a complaint with the Arkansas Ethics 27 |
---|
72 | 68 | | Commission against a person covered by this subchapter, by § 6 -24-101 et 28 |
---|
73 | 69 | | seq.; § 7-1-103(a)(1)-(4), (6), or (7); § 7 -1-114 [repealed]; the Disclosure 29 |
---|
74 | 70 | | Act for Public Initiatives, Referenda, and Measures Referred to Voters, § 7 -30 |
---|
75 | 71 | | 9-401 et seq.; § 21-1-401 et seq.; § 21-8-301 et seq.; the Disclosure Act for 31 |
---|
76 | 72 | | Lobbyists and State and Local Officials, § 21 -8-401 et seq., § 21-8-601 et 32 |
---|
77 | 73 | | seq., § 21-8-701 et seq., and § 21 -8-801 et seq.; § 21-8-901 et seq.; § 21-8-33 |
---|
78 | 74 | | 1001 et seq.; § 21-8-1101 et seq.; § 25-1-125; and Arkansas Constitution, 34 |
---|
79 | 75 | | Article 19, §§ 28-30, for an alleged violation of the subchapters or 35 |
---|
85 | 79 | | Commission shall be considered a citizen. 1 |
---|
86 | 80 | | 2 |
---|
87 | 81 | | SECTION 3. Arkansas Code § 7 -6-218(b)(1)(A), concerning citizen 3 |
---|
88 | 82 | | complaints filed with the Arkansas Ethics Commission and resulting from 4 |
---|
89 | 83 | | Initiated Act 1 of 1990, is amended to read as follows: 5 |
---|
90 | 84 | | (b)(1)(A) Upon a complaint stating facts constituting an alleged 6 |
---|
91 | 85 | | violation signed under penalty of perjury by any person, the Arkansas Ethics 7 |
---|
92 | 86 | | Commission shall investigate the alleged violation of this subchapter or § 6 -8 |
---|
93 | 87 | | 24-101 et seq.; § 7-1-103(a)(1)-(4), (6), or (7); § 7 -1-114 [repealed]; the 9 |
---|
94 | 88 | | Disclosure Act for Public Initiatives, Referenda, and Measures Referred to 10 |
---|
95 | 89 | | Voters, § 7-9-401 et seq.; § 21-1-401 et seq.; § 21-8-301 et seq.; the 11 |
---|
96 | 90 | | Disclosure Act for Lobbyists and State and Local Officials, § 21 -8-401 et 12 |
---|
97 | 91 | | seq., § 21-8-601 et seq., § 21-8-701 et seq., and § 21 -8-801 et seq.; § 21-8-13 |
---|
98 | 92 | | 901 et seq.; § 21-8-1001 et seq.; § 21-8-1101 et seq.; § 25-1-125; and 14 |
---|
99 | 93 | | Arkansas Constitution, Article 19, §§ 28 -30. 15 |
---|
100 | 94 | | 16 |
---|
101 | 95 | | SECTION 4. Arkansas Code § 7 -6-218(b)(4), concerning citizen 17 |
---|
102 | 96 | | complaints filed with the Arkansas Ethics Commission and resulting from 18 |
---|
103 | 97 | | Initiated Act 1 of 1990, is amended to read as follows: 19 |
---|
104 | 98 | | (4) If the Arkansas Ethics Commission finds a violation of this 20 |
---|
105 | 99 | | subchapter; § 6-24-101 et seq.; § 7-1-103(a)(1)-(4), (6), or (7); § 7 -1-114 21 |
---|
106 | 100 | | [repealed]; § 21-1-401 et seq.; § 21-8-301 et seq.; the Disclosure Act for 22 |
---|
107 | 101 | | Lobbyists and State and Local Officials, § 21 -8-401 et seq., § 21-8-601 et 23 |
---|
108 | 102 | | seq., § 21-8-701 et seq., and § 21 -8-801 et seq.; § 21-8-901 et seq.; § 21-8-24 |
---|
109 | 103 | | 1001 et seq.; § 21-8-1101 et seq.; § 25-1-125; or Arkansas Constitution, 25 |
---|
110 | 104 | | Article 19, §§ 28-30, then the Arkansas Ethics Commission shall do one (1) or 26 |
---|
111 | 105 | | more of the following, unless good cause be shown for the violation: 27 |
---|
112 | 106 | | (A) Issue a public letter of caution or warning or 28 |
---|
113 | 107 | | reprimand; 29 |
---|
114 | 108 | | (B)(i) Notwithstanding the provisions of §§ 7 -6-202, 7-9-30 |
---|
115 | 109 | | 409, 21-8-403, and 21-8-903, and 21-8-1105, impose a fine of not less than 31 |
---|
116 | 110 | | fifty dollars ($50.00) nor more than three thousand five hundred dollars 32 |
---|
117 | 111 | | ($3,500) for negligent or intentional violation of this subchapter; § 6 -24-33 |
---|
118 | 112 | | 101 et seq.; § 7-1-114 [repealed]; the Disclosure Act for Public Initiatives, 34 |
---|
119 | 113 | | Referenda, and Measures Referred to Voters, § 7 -9-401 et seq.; § 21-8-301 et 35 |
---|
125 | 117 | | 401 et seq., § 21-8-601 et seq., § 21-8-701 et seq., and § 21 -8-801 et seq.; 1 |
---|
126 | 118 | | § 21-8-901 et seq.; § 21-8-1001 et seq.; § 21-8-1101 et seq.; § 25-1-125; or 2 |
---|
127 | 119 | | Arkansas Constitution, Article 19, §§ 28 -30. 3 |
---|
128 | 120 | | (ii) A fine for violating § 7 -1-114 [repealed]; 4 |
---|
129 | 121 | | shall not exceed one hundred fifty dollars ($150). 5 |
---|
130 | 122 | | (iii) The Arkansas Ethics Commission shall adopt 6 |
---|
131 | 123 | | rules governing the imposition of such fines in accordance with the 7 |
---|
132 | 124 | | provisions of the Arkansas Administrative Procedure Act, § 25 -15-201 et seq. 8 |
---|
133 | 125 | | (iv) All moneys received by the Arkansas Ethics 9 |
---|
134 | 126 | | Commission in payment of fines shall be deposited into the State Treasury as 10 |
---|
135 | 127 | | general revenues; 11 |
---|
136 | 128 | | (C) Order the respondent to file or amend a statutorily 12 |
---|
137 | 129 | | required disclosure form; or 13 |
---|
138 | 130 | | (D)(i) Report its finding, along with such information and 14 |
---|
139 | 131 | | documents as it deems appropriate, and make recommendations to the proper law 15 |
---|
140 | 132 | | enforcement authorities. 16 |
---|
141 | 133 | | (ii) When exercising the authority provided in this 17 |
---|
142 | 134 | | subdivision (b)(4), the Arkansas Ethics Commission is not required to make a 18 |
---|
143 | 135 | | finding of a violation of the laws under its jurisdiction. 19 |
---|
144 | 136 | | 20 |
---|
148 | | - | 21-8-1101. Legislative findings. 24 |
---|
149 | | - | The General Assembly finds that: 25 |
---|
150 | | - | (1) The voters, citizens, and policymakers of this state are 26 |
---|
151 | | - | entitled to transparency in the political and propaganda activities of 27 |
---|
152 | | - | organizations that may be controlled by or under the influence of foreign 28 |
---|
153 | | - | countries hostile to the interests of this state and of the United States; 29 |
---|
154 | | - | (2) In an increasingly globalized world, determining whether an 30 |
---|
155 | | - | organization’s political and propaganda activities are funded by hostile 31 |
---|
156 | | - | foreign interests is often difficult; and 32 |
---|
157 | | - | (3) Legislation is needed to ensure the transparency necessary 33 |
---|
158 | | - | to allow voters, citizens, and policymakers to evaluate whether political and 34 |
---|
159 | | - | propaganda activities are funded by potentially hostile foreign actors. 35 |
---|
160 | | - | 36 As Engrossed: H4/1/25 S4/8/25 HB1800 |
---|
| 140 | + | Subchapter 11 —— Disclosure by Agents of a Foreign Principal or a 24 |
---|
| 141 | + | Foreign-supported Political Organization 25 |
---|
| 142 | + | 26 |
---|
| 143 | + | 21-8-1101. Legislative findings. 27 |
---|
| 144 | + | The General Assembly finds that: 28 |
---|
| 145 | + | (1) The voters, citizens, and policymakers of this state are 29 |
---|
| 146 | + | entitled to transparency in the political and propaganda activities of 30 |
---|
| 147 | + | organizations that may be controlled by or under the influence of foreign 31 |
---|
| 148 | + | countries hostile to the interests of this state and of the United States; 32 |
---|
| 149 | + | (2) In an increasingly globalized world, determining whether an 33 |
---|
| 150 | + | organization’s political and propaganda activities are funded by hostile 34 |
---|
| 151 | + | foreign interests is often difficult; and 35 |
---|
| 152 | + | (3) Legislation is needed to ensure the transparency necessary 36 HB1800 |
---|
162 | | - | 5 04-08-2025 16:49:13 SSS067 |
---|
| 154 | + | 5 03/17/2025 8:41:50 AM SSS067 |
---|
| 155 | + | to allow voters, citizens, and policymakers to evaluate whether political and 1 |
---|
| 156 | + | propaganda activities are funded by potentially hostile foreign actors. 2 |
---|
| 157 | + | 3 |
---|
| 158 | + | 21-8-1102. Definitions. 4 |
---|
| 159 | + | As used in this subchapter: 5 |
---|
| 160 | + | (1) “Agent of a foreign principal” means: 6 |
---|
| 161 | + | (A) A person who acts as an agent, employee, 7 |
---|
| 162 | + | representative, or servant, or otherwise acts at the order, request, or under 8 |
---|
| 163 | + | the direction or control of a foreign principal; 9 |
---|
| 164 | + | (B) A person whose actions are financed in whole or in 10 |
---|
| 165 | + | part by a foreign principal; and 11 |
---|
| 166 | + | (C) A person who engages in political activity; 12 |
---|
| 167 | + | (2) “Foreign principal” means: 13 |
---|
| 168 | + | (A) A government of a foreign country, a political party 14 |
---|
| 169 | + | of a foreign country, or any member of a political party of a foreign 15 |
---|
| 170 | + | country; 16 |
---|
| 171 | + | (B) A nonresident alien of a foreign country; 17 |
---|
| 172 | + | (C) A partnership, association, corporation, organization, 18 |
---|
| 173 | + | or other combination of persons organized under the law of or having its 19 |
---|
| 174 | + | principal place of business in a foreign country; or 20 |
---|
| 175 | + | (D) A domestic partnership, association, corporation, 21 |
---|
| 176 | + | organization, or other combination of persons that is at least twenty percent 22 |
---|
| 177 | + | (20%) beneficially owned by: 23 |
---|
| 178 | + | (i) A foreign government; 24 |
---|
| 179 | + | (ii) A nonresident alien of a foreign country; or 25 |
---|
| 180 | + | (iii) An entity organized under the laws of or 26 |
---|
| 181 | + | having its principal place of business in a foreign country; 27 |
---|
| 182 | + | (3) “Foreign-supported political organization” means a political 28 |
---|
| 183 | + | party or a domestic partnership, association, corporation, organization, or 29 |
---|
| 184 | + | any other combination of persons that has, within the past five (5) calendar 30 |
---|
| 185 | + | years, received money or other things of value from a foreign principal or an 31 |
---|
| 186 | + | agent of a foreign principal and that engages in political activity; 32 |
---|
| 187 | + | (4) “Hostile foreign nation” means the: 33 |
---|
| 188 | + | (A) People’s Republic of China; 34 |
---|
| 189 | + | (B) Russian Federation; 35 |
---|
| 190 | + | (C) Democratic People’s Republic of Korea; or 36 HB1800 |
---|
| 192 | + | 6 03/17/2025 8:41:50 AM SSS067 |
---|
| 193 | + | (D) Islamic Republic of Iran; and 1 |
---|
| 194 | + | (5) “Political activity” means an activity that is performed to 2 |
---|
| 195 | + | influence an agency or public official of this state, a local government 3 |
---|
| 196 | + | entity within this state, or the public within this state, with reference to: 4 |
---|
| 197 | + | (A) Formulating, adopting, or changing the policies or 5 |
---|
| 198 | + | laws of this state; or 6 |
---|
| 199 | + | (B) Electing or opposing a candidate for local or state 7 |
---|
| 200 | + | public office. 8 |
---|
| 201 | + | 9 |
---|
| 202 | + | 21-8-1103. Transparency in representation of foreign principals. 10 |
---|
| 203 | + | (a)(1) Except as otherwise provided in this subchapter, a person shall 11 |
---|
| 204 | + | not act as an agent of a foreign principal unless the person has filed a true 12 |
---|
| 205 | + | and complete registration statement and supplements with the Arkansas Ethics 13 |
---|
| 206 | + | Commission as required by this subchapter. 14 |
---|
| 207 | + | (2) Except as otherwise provided in this section, a person who 15 |
---|
| 208 | + | becomes an agent of a foreign principal shall file a registration statement 16 |
---|
| 209 | + | under oath with the commission within ten (10) days of the person's becoming 17 |
---|
| 210 | + | an agent of a foreign principal. 18 |
---|
| 211 | + | (3) The obligation of an agent of a foreign principal to file a 19 |
---|
| 212 | + | registration statement, after the tenth day of becoming an agent of a foreign 20 |
---|
| 213 | + | principal, shall continue from day to day, and termination of status as an 21 |
---|
| 214 | + | agent of a foreign principal shall not relieve the agent of a foreign 22 |
---|
| 215 | + | principal from the obligation to file a registration statement for the period 23 |
---|
| 216 | + | during which he or she was an agent of a foreign principal. 24 |
---|
| 217 | + | (b) The registration statement required under this section shall 25 |
---|
| 218 | + | include the following: 26 |
---|
| 219 | + | (1) The registrant's: 27 |
---|
| 220 | + | (A) Name; 28 |
---|
| 221 | + | (B) Principal business address; 29 |
---|
| 222 | + | (C) Other business addresses in the United States or 30 |
---|
| 223 | + | elsewhere; and 31 |
---|
| 224 | + | (D) Residence addresses, if any; 32 |
---|
| 225 | + | (2) A comprehensive statement of the nature of the registrant's 33 |
---|
| 226 | + | business; 34 |
---|
| 227 | + | (3)(A) A statement of the nature of the work of each foreign 35 |
---|
| 228 | + | principal for whom the registrant is acting, assuming, or purporting to act 36 HB1800 |
---|
165 | | - | 21-8-1102. Definitions. 1 |
---|
166 | | - | As used in this subchapter: 2 |
---|
167 | | - | (1) “Foreign-supported political organization” means a political 3 |
---|
168 | | - | party or a domestic partnership, association, corporation, organization, or 4 |
---|
169 | | - | any other combination of persons that has, within the past five (5) calendar 5 |
---|
170 | | - | years, received money or other things of value from a hostile foreign 6 |
---|
171 | | - | principal or a representative of a hostile foreign principal and that engages 7 |
---|
172 | | - | in political activity; 8 |
---|
173 | | - | (2) “Hostile foreign nation” means the: 9 |
---|
174 | | - | (A) People’s Republic of China; 10 |
---|
175 | | - | (B) Russian Federation; 11 |
---|
176 | | - | (C) Democratic People’s Republic of Korea; or 12 |
---|
177 | | - | (D) Islamic Republic of Iran; 13 |
---|
178 | | - | (3) “Hostile foreign principal” means: 14 |
---|
179 | | - | (A) A government of a hostile foreign nation, a political 15 |
---|
180 | | - | party of a hostile foreign nation, or any member of a political party of a 16 |
---|
181 | | - | hostile foreign nation; 17 |
---|
182 | | - | (B) A nonresident alien of a hostile foreign nation; or 18 |
---|
183 | | - | (C) A partnership, association, corporation, organization, 19 |
---|
184 | | - | or other combination of persons organized under the law of or having its 20 |
---|
185 | | - | principal place of business in a hostile foreign nation; 21 |
---|
186 | | - | (4) “Political activity” means an activity that is performed to 22 |
---|
187 | | - | influence an agency or public official of this state, a local government 23 |
---|
188 | | - | entity within this state, or the public within this state, with reference to: 24 |
---|
189 | | - | (A) Formulating, adopting, or changing the policies or 25 |
---|
190 | | - | laws of this state; or 26 |
---|
191 | | - | (B) Electing or opposing a candidate for local or state 27 |
---|
192 | | - | public office, not including campaign donations; and 28 |
---|
193 | | - | (5) “Representative of a hostile foreign principal” means a 29 |
---|
194 | | - | person: 30 |
---|
195 | | - | (A) Who acts as an agent, employee, representative, or 31 |
---|
196 | | - | servant, or otherwise acts at the order, request, or under the direction or 32 |
---|
197 | | - | control of a hostile foreign principal; 33 |
---|
198 | | - | (B) Whose actions are financed in whole or in part by a 34 |
---|
199 | | - | hostile foreign principal; and 35 |
---|
200 | | - | (C) Who engages in political activity. 36 As Engrossed: H4/1/25 S4/8/25 HB1800 |
---|
| 230 | + | 7 03/17/2025 8:41:50 AM SSS067 |
---|
| 231 | + | or has agreed to act, and the character of the business or other activities 1 |
---|
| 232 | + | of each foreign principal. 2 |
---|
| 233 | + | (B) If the foreign principal is not a natural person, the 3 |
---|
| 234 | + | registration statement shall also detail the degree to which the foreign 4 |
---|
| 235 | + | principal is supervised, directed, owned, controlled, financed, or subsidized 5 |
---|
| 236 | + | in whole or in part by any: 6 |
---|
| 237 | + | (i) Government of a foreign country or foreign 7 |
---|
| 238 | + | political party; or 8 |
---|
| 239 | + | (ii) Other foreign principal; 9 |
---|
| 240 | + | (4) The nature and amount of contributions, income, money, or 10 |
---|
| 241 | + | other thing of value, if any, that the registrant has received within the 11 |
---|
| 242 | + | preceding sixty (60) days from the foreign principal, either as compensation 12 |
---|
| 243 | + | or for disbursement or otherwise, and the form and time of the payment and 13 |
---|
| 244 | + | from whom the payment was received; 14 |
---|
| 245 | + | (5) A detailed statement of every activity that the registrant 15 |
---|
| 246 | + | is performing, assuming, purporting, or has agreed to perform for himself or 16 |
---|
| 247 | + | herself or any other person other than a foreign principal and that requires 17 |
---|
| 248 | + | his or her registration under this subchapter; 18 |
---|
| 249 | + | (6) The name, business, and residence addresses, and if an 19 |
---|
| 250 | + | individual, the nationality, of any person other than a foreign principal for 20 |
---|
| 251 | + | whom the registrant is acting, assuming, or purporting to act or has agreed 21 |
---|
| 252 | + | to act under the circumstances that require registration under this 22 |
---|
| 253 | + | subchapter; 23 |
---|
| 254 | + | (7) The nature and amount of contributions, income, money, or 24 |
---|
| 255 | + | other thing of value, if any, that the registrant has received during the 25 |
---|
| 256 | + | preceding sixty (60) days from each person in connection with any of the 26 |
---|
| 257 | + | activities referred to in subdivision (b)(6) of this section; 27 |
---|
| 258 | + | (8) A detailed statement of the money or other thing of value 28 |
---|
| 259 | + | spent or disposed of by the registrant during the preceding sixty (60) days 29 |
---|
| 260 | + | in furtherance of or in connection with activities that: 30 |
---|
| 261 | + | (A) Require the registration under this subchapter; and 31 |
---|
| 262 | + | (B) Have been undertaken by the registrant either as an 32 |
---|
| 263 | + | agent of a foreign principal or for himself or herself or any other person or 33 |
---|
| 264 | + | in connection with any activities relating to the registrant's becoming an 34 |
---|
| 265 | + | agent of a foreign principal; 35 |
---|
| 266 | + | (9) A detailed statement of any contributions of money or other 36 HB1800 |
---|
202 | | - | 6 04-08-2025 16:49:13 SSS067 |
---|
| 268 | + | 8 03/17/2025 8:41:50 AM SSS067 |
---|
| 269 | + | thing of value made by the registrant during the preceding sixty (60) days 1 |
---|
| 270 | + | to: 2 |
---|
| 271 | + | (A) Bring about the nomination or election of a candidate 3 |
---|
| 272 | + | for any office; 4 |
---|
| 273 | + | (B) Bring about the recall of a public officer holding 5 |
---|
| 274 | + | elective office; 6 |
---|
| 275 | + | (C) Oppose the recall of a public officer holding elective 7 |
---|
| 276 | + | office; or 8 |
---|
| 277 | + | (D) Bring about the approval or rejection by the voters of 9 |
---|
| 278 | + | any proposed constitutional amendment, a statewide referendum, or a proposed 10 |
---|
| 279 | + | initiated act or ordinance that is to appear on the ballot in this state or 11 |
---|
| 280 | + | in a county or a municipal election in this state; and 12 |
---|
| 281 | + | (10) Any other statements, information, or documents that the 13 |
---|
| 282 | + | commission may require. 14 |
---|
| 283 | + | (c) A registered agent of a foreign principal under this subchapter 15 |
---|
| 284 | + | shall update the registration statement required under this section no less 16 |
---|
| 285 | + | frequently than quarterly. 17 |
---|
| 286 | + | 18 |
---|
| 287 | + | 21-8-1104. Transparency in foreign -supported political organizations. 19 |
---|
| 288 | + | (a) No later than January 31, 2026, and each following year, each 20 |
---|
| 289 | + | foreign-supported political organization shall register with the Arkansas 21 |
---|
| 290 | + | Ethics Commission and provide the following information: 22 |
---|
| 291 | + | (1) The name of the foreign -supported political organization, 23 |
---|
| 292 | + | its business address, and the names, titles, and addresses of all officers 24 |
---|
| 293 | + | and directors of the foreign -supported political organization; 25 |
---|
| 294 | + | (2) If the foreign-supported political organization is 26 |
---|
| 295 | + | affiliated with or a chapter of a national organization, the name of the 27 |
---|
| 296 | + | national organization, its address, and the names and addresses of its 28 |
---|
| 297 | + | officers and directors; 29 |
---|
| 298 | + | (3) A detailed statement of any expenditures of money or other 30 |
---|
| 299 | + | things of value made by the foreign -supported political organization within 31 |
---|
| 300 | + | the prior calendar year to influence an agency or public official of this 32 |
---|
| 301 | + | state, a local government entity within this state, or the public within this 33 |
---|
| 302 | + | state, with reference to formulating, adopting, or changing the policies or 34 |
---|
| 303 | + | laws of this state or electing a candidate to local or state public office; 35 |
---|
| 304 | + | and 36 HB1800 |
---|
204 | | - | |
---|
205 | | - | 1 |
---|
206 | | - | 21-8-1103. Transparency in representation of hostile foreign 2 |
---|
207 | | - | principals. 3 |
---|
208 | | - | (a)(1) Except as otherwise provided in this subchapter, a person shall 4 |
---|
209 | | - | not act as a representative of a hostile foreign principal unless the person 5 |
---|
210 | | - | has filed a true and complete registration statement with the Secretary of 6 |
---|
211 | | - | State as required by this subchapter. 7 |
---|
212 | | - | (2) Except as otherwise provided in this section, a person who 8 |
---|
213 | | - | becomes a representative of a hostile foreign principal shall file a 9 |
---|
214 | | - | registration statement under oath with the Secretary of State within ten (10) 10 |
---|
215 | | - | days of the person's becoming a representative of a hostile foreign 11 |
---|
216 | | - | principal. 12 |
---|
217 | | - | (3) The obligation of a representative of a hostile foreign 13 |
---|
218 | | - | principal to file a registration statement, after the tenth day of becoming a 14 |
---|
219 | | - | representative of a hostile foreign principal, shall continue from day to 15 |
---|
220 | | - | day, and termination of status as a representative of a hostile foreign 16 |
---|
221 | | - | principal shall not relieve the representative of a hostile foreign principal 17 |
---|
222 | | - | from the obligation to file a registration statement for the period during 18 |
---|
223 | | - | which he or she was a representative of a hostile foreign principal. 19 |
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224 | | - | (b) The registration statement required under this section shall 20 |
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225 | | - | include the following: 21 |
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226 | | - | (1) The registrant's: 22 |
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227 | | - | (A) Name; 23 |
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228 | | - | (B) Principal business address; 24 |
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229 | | - | (C) Other business addresses in the United States or 25 |
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230 | | - | elsewhere; and 26 |
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231 | | - | (D) Residence addresses, if any; and 27 |
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232 | | - | (2) A comprehensive statement of the nature of the registrant's 28 |
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233 | | - | business. 29 |
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234 | | - | (c) A registered representative of a hostile foreign principal under 30 |
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235 | | - | this subchapter shall update the registration statement required under this 31 |
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236 | | - | section no less frequently than quarterly. 32 |
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237 | | - | 33 |
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238 | | - | 21-8-1104. Transparency in foreign -supported political organizations. 34 |
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239 | | - | (a) No later than January 31, 2026, and each following year, each 35 |
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240 | | - | foreign-supported political organization shall register with the Secretary of 36 As Engrossed: H4/1/25 S4/8/25 HB1800 |
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241 | | - | |
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242 | | - | 7 04-08-2025 16:49:13 SSS067 |
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243 | | - | |
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244 | | - | |
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245 | | - | State and provide the following information: 1 |
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246 | | - | (1) The name of the foreign -supported political organization, 2 |
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247 | | - | its business address, and upon request the names, titles, and addresses of 3 |
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248 | | - | all officers and directors of the foreign -supported political organization; 4 |
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249 | | - | (2) If the foreign-supported political organization is 5 |
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250 | | - | affiliated with or a chapter of a national organization, the name of the 6 |
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251 | | - | national organization, its address, and the names and addresses of its 7 |
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252 | | - | officers and directors; 8 |
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253 | | - | (3) A detailed statement of any expenditures of money or other 9 |
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254 | | - | things of value made by the foreign -supported political organization within 10 |
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255 | | - | the prior calendar year to influence an agency or public official of this 11 |
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256 | | - | state, a local government entity within this state, or the public within this 12 |
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257 | | - | state, with reference to formulating, adopting, or changing the policies or 13 |
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258 | | - | laws of this state or electing a candidate to local or state public office; 14 |
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259 | | - | and 15 |
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260 | | - | (4) A detailed statement of all money or other thing of value 16 |
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261 | | - | received by the foreign -supported political organization from a hostile 17 |
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262 | | - | foreign principal or a representative of a hostile foreign principal during 18 |
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263 | | - | the prior calendar year. 19 |
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264 | | - | (b) A foreign-supported political organization under this subchapter 20 |
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265 | | - | shall update the registration statement required under this section no less 21 |
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266 | | - | frequently than annually. 22 |
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267 | | - | 23 |
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268 | | - | 21-8-1105. Penalties for violation. 24 |
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269 | | - | (a) Upon receipt of a complaint that a representative of a hostile 25 |
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270 | | - | foreign principal or a foreign -supported political organization has failed to 26 |
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271 | | - | comply with the registration and reporting requirements of this subchapter, 27 |
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272 | | - | or upon his or her own determination, the Secretary of State may investigate 28 |
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273 | | - | and assess penalties for the violation of this subchapter. 29 |
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274 | | - | (b) The Secretary of State may assess the following civil penalties: 30 |
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275 | | - | (1) For any violation of this subchapter, up to five hundred 31 |
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276 | | - | dollars ($500) per violation; and 32 |
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277 | | - | (2) For willful or repeated violations of this subchapter, up to 33 |
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278 | | - | two thousand dollars ($2,000) per violation. 34 |
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279 | | - | 35 |
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280 | | - | 21-8-1106. Rules. 36 As Engrossed: H4/1/25 S4/8/25 HB1800 |
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281 | | - | |
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282 | | - | 8 04-08-2025 16:49:13 SSS067 |
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283 | | - | |
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284 | | - | |
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285 | | - | The Secretary of State shall promulgate rules to: 1 |
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286 | | - | (1) Create and maintain registration statement forms as 2 |
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287 | | - | described under this subchapter; and 3 |
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288 | | - | (2) Implement this subchapter. 4 |
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289 | | - | 5 |
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290 | | - | /s/McAlindon 6 |
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| 306 | + | 9 03/17/2025 8:41:50 AM SSS067 |
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| 307 | + | (4) A detailed statement of all money or other thing of value 1 |
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| 308 | + | received by the foreign -supported political organization from a foreign 2 |
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| 309 | + | principal or an agent of a foreign principal during the prior calendar year. 3 |
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| 310 | + | (b) A foreign-supported political organization under this subchapter 4 |
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| 311 | + | shall update the registration statement required under this section no less 5 |
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| 312 | + | frequently than quarterly. 6 |
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292 | | - | 8 |
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293 | | - | APPROVED: 4/22/25 9 |
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294 | | - | 10 |
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295 | | - | 11 |
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296 | | - | 12 |
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297 | | - | 13 |
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298 | | - | 14 |
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299 | | - | 15 |
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300 | | - | 16 |
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301 | | - | 17 |
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302 | | - | 18 |
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303 | | - | 19 |
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304 | | - | 20 |
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305 | | - | 21 |
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306 | | - | 22 |
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307 | | - | 23 |
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308 | | - | 24 |
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309 | | - | 25 |
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310 | | - | 26 |
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311 | | - | 27 |
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312 | | - | 28 |
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313 | | - | 29 |
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314 | | - | 30 |
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| 314 | + | 21-8-1105. Penalties for violation. 8 |
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| 315 | + | (a) Upon receipt of a complaint that an agent of a foreign principal 9 |
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| 316 | + | or a foreign-supported political organization has failed to comply with the 10 |
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| 317 | + | registration and reporting requirements of this subchapter, or upon its own 11 |
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| 318 | + | determination, the Arkansas Ethics Commission may investigate and assess 12 |
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| 319 | + | penalties for the violation of this subchapter. 13 |
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| 320 | + | (b) The commission may assess the following civil penalties: 14 |
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| 321 | + | (1) For any violation of this subchapter, up to five hundred 15 |
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| 322 | + | dollars ($500) per violation; and 16 |
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| 323 | + | (2) For willful or repeated violations of this subchapter, up to 17 |
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| 324 | + | two thousand dollars ($2,000) per violation. 18 |
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| 325 | + | (c) The commission may assess the following civil penalties for 19 |
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| 326 | + | willful or repeated violations of this subchapter in which the foreign 20 |
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| 327 | + | principal involves a hostile foreign nation: 21 |
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| 328 | + | (1) Up to ten thousand dollars ($10,000) per violation; 22 |
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| 329 | + | and 23 |
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| 330 | + | (2) An order of debarment against the foreign principal and the: 24 |
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| 331 | + | (A) Foreign agent; or 25 |
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| 332 | + | (B) Foreign-supported political organization. 26 |
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| 333 | + | (d) The commission may refer any matter involving a violation of this 27 |
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| 334 | + | subchapter to the: 28 |
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| 335 | + | (1) Attorney General for further civil action; or 29 |
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| 336 | + | (2) Prosecuting attorney for criminal action. 30 |
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