(a) A lobbyist is not required to register if he or she engages in no lobbying other than the following activities:
- (1) 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 urge legislative or administrative action;
- (2) Engaging in lobbying exclusively on behalf of an Arkansas church which qualifies as a tax exempt organization under § 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) Acting in his or her official capacity as a public servant unless he or she:
- (A) Receives income from a nongovernmental person over four hundred dollars ($400) in a quarter for lobbying; or
- (B) Expends or is reimbursed over four hundred dollars ($400) in a quarter, regardless of the source, for lobbying, excluding the cost of informational material and personal travel, lodging, meals, and dues;
- (4) Drafting legislation;
- (5) Appearing in a judicial proceeding, a proceeding or hearing that is a matter of public record, or a hearing or appeal conducted pursuant to the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.;
- (6) Assisting an executive agency, at that agency’s written request, in drafting administrative rules or in publicizing or assisting in the implementation of final administrative actions;
- (7) 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 of which the person is regularly associated as an employee, officer, member, or partner, or testifying at the request of a legislative committee; or
- (8) Actions by contractors or their employees while engaged in selling to a governmental body by demonstrating or describing goods or services or asking about specifications or terms and conditions of a particular purchase, unless the contractor or its employees expends more than four hundred dollars ($400) in a calendar quarter for food, lodging, travel, or gifts to benefit public servants who purchase goods or services on behalf of a governmental body.
- (b) A person whose only act of lobbying is to pay or reimburse a registered lobbyist on his or her own behalf is not required to register as a lobbyist.
- (c) Whether a person falls under an exception to the lobbyist registration requirement is a factual determination made by the Arkansas Ethics Commission.