As used in this part:
(1)
- (A) “Conflict of interest” means a special state employee’s direct or indirect pecuniary or other interest in a matter before a covered board.
(B) “Conflict of interest” includes without limitation the following:
- (i) An offer of employment from an entity that is involved in a procurement matter with the covered board or is involved in a discussion of a procurement matter with the covered board;
- (ii) Being an officer or employee of a business, association, or nonprofit organization that is involved in a procurement matter with the covered board or is involved in a discussion of a procurement matter with the covered board; and
- (iii) Receiving compensation from an entity that is involved in a procurement matter or is involved in a discussion of a procurement matter with the covered board;
(2)
(A) “Covered board” means:
- (i) A commission, board, bureau, office, or other state instrumentality created within the executive branch; and
(ii) An entity that is created by regulation, statute, legislative direction, executive order, or other informal means if the entity has decision-making authority over:
- (a) (a) Procurement criteria;
- (b) (b) Contracts;
- (c) (c) Appointment of individuals to negotiate procurement directly or indirectly; or
- (d) (d) The approval of procurements.
(B) “Covered board” does not include the following:
- (i) The constitutional departments of the State of Arkansas;
- (ii) The elected constitutional offices of the State of Arkansas;
(iii) The General Assembly, including:
- (a) (a) The Legislative Council;
- (b) (b) The Legislative Joint Auditing Committee; and
- (c) (c) Supporting agencies and bureaus of the General Assembly;
- (iv) The Supreme Court;
- (v) The Court of Appeals;
- (vi) The circuit courts;
- (vii) Prosecuting attorneys;
- (viii) The Administrative Office of the Courts;
- (ix) An institution of higher education;
- (x) A municipal government;
- (xi) A county government;
- (xii) An interstate agency; or
- (xiii) A legislative task force or committee if the legislative task force or committee only advises the General Assembly; and
(3)
(A) “Special state employee” means a person appointed to a covered board, regardless of whether the person:
- (i) Receives compensation for his or her services;
- (ii) Receives reimbursement for travel expenses;
- (iii) Receives per diem; or
- (iv) Was appointed formally or informally.
- (B) “Special state employee” does not include a constitutional officeholder or an ex officio or nonvoting member of a covered board.