Registration required — Exceptions — Termination

  1. Law
  2. Arkansas Code
  3. Public Officers and Employees
  4. Ethics and Conflicts of Interest
  5. Disclosure by Lobbyists
  6. Registration required — Exceptions — Termination

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  1. (a)

    1. (1) A lobbyist shall register within five (5) days after beginning lobbying. Such registration shall be on forms provided by the Secretary of State containing the following information:

      1. (A) The name, address, and telephone number of the lobbyist;

      2. (B) The calendar year for which the lobbyist is registering;

      3. (C) The types of public servants being lobbied;

      4. (D) The name, address, and telephone number of the lobbyist's client or employer;

      5. (E) A description of the nature of the lobbyist's client or employer; and

      6. (F) Certification by the lobbyist that the information contained on the lobbyist registration form is true and correct.

    2. (2)

      1. (A) Except as provided in subdivision (a)(2)(B) of this section, if there is a change of information during the registration period, a lobbyist shall file an amended registration form within ten (10) days of the change.

      2. (B) A lobbyist registered to lobby members of the General Assembly shall file an amended registration form within three (3) business days of a change of information that occurs during a regular or extraordinary session of the General Assembly.

    3. (3) A lobbyist shall not be required to register if he or she engages in no lobbying other than the following activities:

      1. (A) The publishing or broadcasting, by news media executives or their employees or agents, in the ordinary course of business, of news items, editorials, or other comments or paid advertisements which directly or indirectly urge legislative action or administrative action;

      2. (B) Engaging in lobbying exclusively on behalf of an Arkansas church which qualifies as a tax-exempt organization under section 501(c)(3) of the Internal Revenue Code when lobbying solely for the purpose of protecting the rights of members or adherents to practice the religious doctrines of the church;

      3. (C)

        1. (i) Action in a person's official capacity as a public servant.

        2. (ii) However, a public servant shall be required to register as a lobbyist if he or she:

          1. (a) Receives income from a nongovernmental person in excess of four hundred dollars ($400) in a quarter for lobbying; or

          2. (b) Expends or is reimbursed in excess of four hundred dollars ($400), regardless of the source, in a quarter for lobbying, excluding the cost of informational material and personal travel, lodging, meals, and dues;

      4. (D) Drafting legislation;

      5. (E) Appearing in:

        1. (i) A judicial proceeding;

        2. (ii) A proceeding or hearing if the appearance is a matter of public record; or

        3. (iii) Any hearing or appeal proceeding conducted pursuant to the Arkansas Administrative Procedure Act, § 25-15-201 et seq.;

      6. (F) Assisting an executive agency, at the written request of the agency, in drafting administrative rules or in publicizing or assisting in the implementation of final administrative actions;

      7. (G) Testifying as an individual at a public hearing in support of or in opposition to legislation or administrative action, testifying on behalf of a corporation, partnership, association, or other organization with which the person is regularly associated as an employee, officer, member, or partner, or testifying at the request of a legislative committee; or

      8. (H) Actions by contractors or employees of contractors while engaged in selling to a governmental body by demonstrating or describing commodities or services or inquiring as to specifications or terms and conditions of a particular purchase unless such contractor or its employees expend in excess of four hundred dollars ($400) in a calendar quarter for food, lodging, travel, or gifts to benefit public servants who purchase commodities or services on behalf of a governmental body.

    4. (4) A person whose only act of lobbying is to compensate or reimburse a registered lobbyist in the person's behalf shall not be required to register as a lobbyist.

  2. (b) Upon the termination of a registered lobbyist's employment or designation as a lobbyist, the termination shall be conveyed by the registered lobbyist in writing to the public official with whom the lobbyist is registered. The written notice of termination shall:

    1. (1) State the registered lobbyist's name;

    2. (2) State the date the registered lobbyist's employment is terminated or his or her designation as a lobbyist terminated; and

    3. (3) Report any activity to be reported during the period in which the registration was in effect that has not already been reported.

  3. (c) Each registered lobbyist whose employment or designation as a lobbyist has not terminated shall reregister by January 15 of each year.


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