(a) For purposes of this part, persons engaged in lobbying activity as defined by 21 CAR § 3-101(10) will be considered lobbyists, subject to registration and reporting, if the person:

1. (1) Receives income or reimbursement in a combined amount of four hundred dollars ($400) or more in a calendar quarter for lobbying activities;
2. (2) Expends four hundred dollars ($400) or more in a calendar quarter for lobbying activities, excluding the cost of personal travel, lodging, meals, or dues; or

3. (3)

   1. (A) Expends four hundred dollars ($400) or more in a calendar quarter, including postage, for the express purpose of soliciting others to communicate with any public servant to influence any legislative action or administrative action of one (1) or more governmental bodies unless the communication has been filed with the Secretary of State or has been published in the news media.
   2. (B) If the communication is filed with the Secretary of State, the filing shall include the approximate number of recipients.

(b)

1. (1) All persons who act as lobbyists shall register as lobbyists pursuant to 21 CAR § 3-103 of this part unless specifically exempted from registration pursuant to 21 CAR § 3-105 herein.
2. (2) Whether a person is a lobbyist is a factual determination made by the Arkansas Ethics Commission.