As used in this part:

1. (1) “Administrative action” means any decision on, or proposal, consideration, or making of any rule, regulation, ratemaking proceeding, or policy action, other than ministerial action, by a governmental body;
2. (2) “Association” means a body of individuals acting together for the prosecution of a common enterprise;

3. (3) “Business” means any:

   1. (A) Corporation;
   2. (B) Partnership;
   3. (C) Sole proprietorship;
   4. (D) Firm;
   5. (E) Enterprise;
   6. (F) Franchise;
   7. (G) Association;
   8. (H) Organization;
   9. (I) Self-employed individual;
   10. (J) Receivership;
   11. (K) Trust; or
   12. (L) Legal entity through which business is conducted;
4. (4) “Business association” means an association formed for the purpose of doing business, including associations formed for the purpose of establishing an employer-employee, principal-agent, and/or an employer-independent contractor relationship;

5. (5)

   1. (A) “Family” means an individual’s spouse, children of that individual or his or her spouse, or brothers, sisters, or parents of the individual or his or her spouse.
   2. (B) The term “household” includes an individual’s significant other.
   3. (C) The term “household” does not include an individual’s roommate;

6. (6)

   1. (A) “Gift” means any payment, entertainment, advance, services, or anything of value, unless consideration of equal or greater value has been given therefor.

   2. (B) The term “gift” does not include:

      1. (i)

         1. (a) (a) Informational material such as books, reports, pamphlets, calendars, or periodicals informing a public servant regarding his or her official duties.
         2. (b) (b) Payments for travel or reimbursement for any expenses are not informational material;
      2. (ii) The giving or receiving of food, lodging, or travel which bears a relationship to the public servant’s office and when appearing in an official capacity;
      3. (iii) Gifts which are not used and which, within thirty (30) days after receipt, are returned to the donor;
      4. (iv) Gifts from an individual’s spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any of these persons, unless the person is acting as an agent or intermediary for any person not covered by this subdivision;
      5. (v) Campaign contributions;
      6. (vi) Any devise or inheritance;

      7. (vii)

         1. (a) (a) Anything with a value of one hundred dollars ($100) or less.
         2. (b) (b) The value of an item shall be considered to be less than one hundred dollars ($100) if the public servant reimburses the person from whom the item was received any amount over one hundred dollars ($100) and the reimbursement occurs within ten (10) days from the date the item was received;
      8. (viii) Wedding presents and engagement gifts;
      9. (ix) A monetary or other award presented to an employee of a public school district, the Arkansas School for the Deaf and Blind, the Arkansas School for Mathematics, Sciences, and the Arts, a university, a college, a technical college, a technical institute, a comprehensive life-long learning center, or a community college in recognition of the employee’s contribution to education;
      10. (x) Tickets to charitable fundraising events held within this state by a nonprofit organization which is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code;
      11. (xi) A personalized award, plaque, or trophy with a value of one hundred fifty dollars ($150) or less;
      12. (xii) An item which appointed or elected members of a specific governmental body purchase with their own personal funds and present to a fellow member of that governmental body in recognition of public service;
      13. (xiii) Food or beverages provided at a conference scheduled event that is part of the program of the conference;
      14. (xiv) Food or beverages provided in return for participation in a bona fide panel, seminar, or speaking engagement at which the audience is a civic, social, or cultural organization or group;

      15. (xv) A monetary or other award publicly presented to an employee of state government in recognition of his or her contributions to the community and State of Arkansas when the:

          1. (a) (a) Presentation is made by the employee’s supervisor or peers, individually or through a nonprofit organization which is exempt from taxation under Section 501(c) of the Internal Revenue Code; and
          2. (b) (b) Employee’s receipt of the award would not result in or create the appearance of the employee:
7. (1) (1) Using his or her position for private gain;
8. (2) (2) Giving preferential treatment to any person; or

9. (3) (3) Losing independence or impartiality.

   1. (c) (c) This exception shall not apply to an award presented to an employee of state government by a person having economic interests which may be affected by the performance or nonperformance of the employee’s duties or responsibilities;

      1. (xvi) Any work of art, contracted for prior to January 1, 1998, for public service recognition for members of the Arkansas General Assembly; or
      2. (xvii) Racing passes provided to and accepted by members of the General Assembly and other constitutional officers for redistribution to their constituents and persons residing outside the State of Arkansas to promote tourism and advance the economic interests of the state;

10. (7) “Governmental body” means any office, department, commission, council, board, committee, legislative body, agency, or other establishment of the executive, judicial, or legislative branch of the:

    1. (A) State;
    2. (B) Municipality;
    3. (C) County;
    4. (D) School district;
    5. (E) Improvement district; or
    6. (F) Any political district or subdivision thereof;

11. (8)

    1. (A) “Income” or “compensation” means any money or anything of value received, or to be received as a claim for future services, whether in the form of:

       1. (i) Retainer;
       2. (ii) Fee;
       3. (iii) Salary;
       4. (iv) Expense;
       5. (v) Allowance;
       6. (vi) Forbearance;
       7. (vii) Forgiveness;
       8. (viii) Interest;
       9. (ix) Dividend;
       10. (x) Royalty;
       11. (xi) Rent; or
       12. (xii) Any other form of recompense or any combination thereof.
    2. (B) It includes a payment made under obligation for services or other value received.
    3. (C) The term “compensation” does not include anything of value presented to an employee of a public school district, the Arkansas School for the Deaf and Blind, the Arkansas School for Mathematics, Sciences, and the Arts, a university, a college, a technical college, a technical institute, a comprehensive life-long learning center, or a community college in recognition of the employee’s contribution to education;

12. (9) “Legislative action” means introduction, sponsorship, consideration, debate, amendment, passage, defeat, approval, veto, or any other official action or nonaction on any bill, ordinance, law, resolution, amendment, nomination, appointment, report, or other matter pending or proposed before a:

    1. (A) Committee or house of the General Assembly;
    2. (B) Quorum court; or
    3. (C) City council or board of directors of a municipality;
13. (10) “Lobbying” means to communicate directly or solicit others to communicate with any public servant to influence legislative or administrative action;
14. (11) “Lobbyist” means a person who is engaged in lobbying activities as defined in 21 CAR § 3-102 of this part;
15. (12) “Lobbyist’s client” means the person, such as an employer, on whose behalf the lobbyist influences or attempts to influence legislative or administrative action;
16. (13) “Ministerial action” means an action in which a person performs in a given state of facts, in a prescribed manner, in obedience to the mandate of legal authority, without regard to or the exercise of his or her own judgment upon the propriety of the act being done;
17. (14) “Official capacity” means activities which arise solely because of the position held by the public servant, which would be subject to expense reimbursement by the agency with which the public servant is associated, and which involve matters falling within the official responsibilities of the public servant;

18. (15) “Paid or reimbursed” includes:

    1. (A) Income received prior, during, or subsequent to the period the income is earned; or
    2. (B) Expenses reimbursed prior, during, or subsequent to the period the expenditure is made;
19. (16) “Partnership” means a syndicate, group, pool, joint venture, or other unincorporated organization, through or by means of which any business, financial operation, or venture is carried on, and which is not a trust, an estate, or a corporation.

20. (17) “Person” means a:

    1. (A) Business;
    2. (B) Individual;
    3. (C) Corporation;
    4. (D) Union;
    5. (E) Association;
    6. (F) Firm;
    7. (G) Partnership;
    8. (H) Committee;
    9. (I) Club; or
    10. (J) Other organization or group of persons;
21. (18) “Public official” means a legislator or any other person holding an elective office of any governmental body, whether elected or appointed to the office, and shall include such persons during the time period between the date they were elected and the date they took office;

22. (19) “Public servant” means all public:

    1. (A) Officials;
    2. (B) Employees; and
    3. (C) Appointees;
23. (20) “Registered lobbyist” means a lobbyist registered pursuant to 21 CAR § 3-103 of this part; and
24. (21) “Special event” means a planned activity to which a specific governmental body or identifiable group of public servants is invited.