Arkansas 2025 Regular Session

Arkansas Senate Bill SB395 Latest Draft

Bill / Draft Version Filed 03/05/2025

                            Stricken language would be deleted from and underlined language would be added to present law. 
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State of Arkansas     1 
95th General Assembly A Bill     2 
Regular Session, 2025  	SENATE BILL 395 3 
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By: Senator Hickey 5 
By: Representative Jean 6 
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For An Act To Be Entitled 8 
AN ACT TO AMEND ARKANSAS LAW CONCERNING STATEMENTS OF 9 
FINANCIAL INTEREST; AMENDING A PORTION OF ARKANSAS 10 
LAW RESULTING FROM INITIATED ACT 1 OF 1988; AND FOR 11 
OTHER PURPOSES.  12 
 13 
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Subtitle 15 
TO AMEND ARKANSAS LAW CONCERNING 16 
STATEMENTS OF FINANCIAL INTEREST; AND 17 
AMENDING A PORTION OF ARKANSAS LAW 18 
RESULTING FROM INITIATED ACT 1 OF 1988.  19 
 20 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 21 
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 SECTION 1.  Arkansas Code § 21 -8-701(d)(3) and (4), concerning the 23 
information included in the statement of financial interest and resulting 24 
from Initiated Act 1 of 1988, are amended to read as follows:  25 
  (3)(A) Identification of each : 26 
 (A)(i)  Employer employer and of each other source of gross 27 
income amounting to more than one thousand dollars ($1,000) annually received 28 
by the person or his or her spouse in his or her own name, or by any other 29 
person for the use or benefit of the public servant or candidate or his or 30 
her spouse, and a brief description of the nature of the services for which 31 
the compensation was received. 32 
 (ii)(B) However, this subdivision (d)(3)(A) of this 33 
section does not require the disclosure of individual items of income that 34 
constitute a portion of the gross income of the business or profession from 35 
which the public servant or candidate or his or her spouse derives income; 36    	SB395 
 
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and 1 
 (B)(i)  Source of gross income as described in subdivision 2 
(d)(3)(A) of this section of more than twelve thousand five hundred dollars 3 
($12,500). 4 
 (ii) However, this subdivision (d)(3)(B) does not 5 
require the disclosure of individual items of income that constitute a 6 
portion of the gross income of the business or profession from which the 7 
public servant or candidate or his or her spouse derives income; 8 
 (4)(A)  The name and address of every business in which the 9 
public servant or candidate or his or her spouse, or any other person for the 10 
use or benefit of the public servant or candidate or his or her spouse, 	has 11 
had an investment or holdings of over one thousand dollars ($1,000) at fair 12 
market value as of the last day of holding at any point during the previous 13 
calendar year. 14 
 (B)  Each source described in subdivision (d)(4)(A) 15 
of this section that has a fair market value of over twelve thousand five 16 
hundred dollars ($12,500) as of the last day of the previous calendar year 17 
shall also be identified ;  (B)  As used in this subdivision (d)(4), 18 
"investment or holding":  19 
 (i)  Includes without limitation: 20 
 (a)  Stocks;    21 
 (b)  Bonds;  22 
 (c)  Futures contracts; 23 
 (d)  Options contracts; 24 
 (e)  Oil and gas interests; and  25 
 (f)  Any other security held by the public 26 
servant or candidate or his or her spouse at any point during the previous 27 
calendar year; and   28 
 (ii)  Does not include: 29 
 (a)  Investments in publicly traded United 30 
States Government securities; or 31 
 (b)  Individual stocks or bonds fully managed 32 
by a retirement system or a pension system.  33 
 (C)  If the business under subdivision (d)(4)(A) of this 34 
section is publicly traded, the stock symbol of the business shall be 35 
included with the name of the business in lieu of the address of the 36    	SB395 
 
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business.   1 
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 (D)  Subdivision (d)(4)(A) of this section does not require 3 
the identification of a bank or brokerage company in which an investment or 4 
holding is maintained.  5 
 (E)  If a person required to file a report under this 6 
section has investments or holdings within a trust or a business in which the 7 
person filing the report owns more than one percent (1%) of the stock of the 8 
business, including without limitation an investment or holding under 9 
subdivision (d)(4)(A)(i) of this section, that would otherwise be identified 10 
under subdivision (d)(4)(A) of this section, he or she shall report those 11 
investments or holdings as though they were held personally;   12 
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 SECTION 2.  Arkansas Code § 21 -8-701, concerning the statement of 14 
financial interest and resulting from Initiated Act 1 of 1988, is amended to 15 
add an additional subsection to read as follows:  16 
 (g)  This section does not restrict the power of the Arkansas Ethics 17 
Commission to conduct an investigation under its jurisdiction.  18 
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 SECTION 3.  Arkansas Code Title 21, Chapter 8, Subchapter 7, is amended 20 
to add an additional section to read as follows:  21 
 21-8-706.  Unlawful use of information in a statement of financial 22 
interest.  23 
 (a)  A person commits the offense of unlawful use of information in a 24 
statement of financial interest if he or she purposely uses the information 25 
contained within a statement of financial interest under this subchapter to 26 
commit a crime against:     27 
 (1)  The person filing the statement of financial interest; 28 
(2)  The spouse or child of the person filing the statement of 29 
financial interest;  or 30 
(3)  A business in which the person filing the statement of 31 
financial interest owns more than one percent (1%) of the stock of the 32 
business. 33 
 (b)  The offense of unlawful use of information in a statement of 34 
financial interest is a Class A misdemeanor.  35 
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