1. (a) No person may purposely employ any lobbyist who is required to register as a lobbyist but is not registered pursuant to 21 CAR §§ 3-103 – 3-106.

2. (b)

   1. (1) A former member of the General Assembly shall not take the following actions until two (2) years after the expiration of the term of office for which he or she was elected:

      1. (A) Register as a lobbyist under Arkansas Code § 21-8-601 et seq.; or
      2. (B) Enter into employment as the director of an:

3. (i) Educational cooperative under The Public School Educational Cooperative Act of 1981, Arkansas Code § 6-13-901 et seq.; or

   1. (ii) Area agency on aging.

   2. (2)

      1. (A) Except as provided in subdivision (b)(2)(B) of this section, subdivision (b)(1) of this section applies to a person elected or reelected to the General Assembly on or after November 6, 2018.

      2. (B) Subdivision (b)(1)(A) of this section shall apply to a person elected or reelected to the General Assembly on or after November 4, 2014.

         1. (c) The Governor, Lieutenant Governor, Secretary of State, Attorney General, Treasurer of State, Auditor of State, and Commissioner of State Lands shall not be eligible to be registered as a lobbyist until one (1) year after the expiration of the term of office for which he or she was elected.
         2. (d) An individual employed in the office of the Governor, Lieutenant Governor, Secretary of State, Attorney General, Treasurer of State, Auditor of State, or Commissioner of State Lands shall not be eligible to be registered as a lobbyist until one (1) year after the expiration of the individual’s employment in that office.
4. (e) A member of the Arkansas Public Service Commission shall not be eligible to be registered as a lobbyist until one (1) year after the expiration of his or her service on the commission.
5. (f) An individual employed as an executive head of a state agency or as a chief deputy of an executive head of a state agency shall not be eligible to be registered as a lobbyist until one (1) year after the expiration of his or her employment in that capacity.

6. (g) No person engaging in lobbying may:

   1. (1) Influence or attempt to influence, by coercion, bribery, or threat of economic sanction, any public servant in the discharge of the duties of his or her office;
   2. (2) Purposely provide false information to any public servant as to any material fact pertaining to any legislative or administrative action;
   3. (3) Purposely omit, conceal, or falsify in any manner information required by the registration and lobbyist activity reports;
   4. (4) Contract to receive or accept compensation that is dependent in any manner upon the success or failure of a legislative or administrative action, or the outcome of any executive, legislative, or administrative action relating to the solicitation or securing of a procurement contract; or
   5. (5) Provide payment for food or beverages at any location or event at which the lobbyist is not present physically, with the exception of a special event as that term is defined in 21 CAR § 3-101 of this part.

7. (h)

   1. (1) Any person criminally convicted for violation of any provision of Arkansas Code § 21-8-607(a) or (b) shall not act as a lobbyist for three (3) years from the date of conviction and shall be subject to a fine of not less than one hundred dollars ($100) and not more than one thousand dollars ($1,000).

   2. (2) Any person violating this three (3) year ban will be deemed guilty of an additional violation of Arkansas Code § 21-8-601 et seq.

      1. (i) Any person who acts as a lobbyist as defined by 21 CAR § 3-102 of this part, but purposely fails to register within five (5) days of beginning lobbying activities as required by 21 CAR § 3-103 of this part is subject to a fine of not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000).

8. (j)

   1. (1) On a lobbyist registration form, a person acting as a lobbyist shall not purposely provide false information or purposely omit information.
   2. (2) A person who violates this subsection (j) shall not be considered a registered lobbyist and shall be subject to a fine of not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000).

9. (k) A person criminally convicted of three (3) or more violations of a provision of Arkansas Code § 21-8-601 et seq. shall be permanently prohibited from acting as a registered lobbyist in the State of Arkansas.

   1. (l) An expunged record shall not serve as the basis for disqualification under Arkansas Code § 21-8-607.

      1. (m) No member of the General Assembly shall receive any income or compensation as defined in Arkansas Code § 21-8-401 et seq., other than income and benefits from the governmental body to which he or she is duly entitled, for lobbying other members of the General Assembly by communicating directly or soliciting others to communicate with any other member with the purpose of influencing legislative action by the General Assembly.

10. (n)

    1. (1) A person serving as an elected state official in any jurisdiction is prohibited from registering as a lobbyist in Arkansas under Arkansas Code § 21-8-601 et seq. or similarly in any other jurisdiction while the person is serving as an elected state official.
    2. (2) As used in this subsection (n), “elected state official” means a person holding an elective office of state government as a constitutional officer or as a member of the General Assembly and includes persons during the time period between the date that he or she is elected and the date he or she takes office.

Codification Notes: This part as promulgated prior to codification into the Code of Arkansas Rules provided: "[Footnote 1 to 21 CAR § 3-301] The penalties referenced in § 517(h) and (k) [codified at 21 CAR § 3-301(h) and (k)] are applicable in criminal prosecutions and not in Arkansas Ethics Commission proceedings." "[Footnote 2 to 21 CAR § 3-301(e)] This prohibition, established by Act 486 of 2013 and codified as Ark. Code Ann. § 23-2-113, falls outside of the Arkansas Ethics Commission’s jurisdiction." "Footnote 3 to 21 CAR § 3-301(e)] This prohibition, established by Act 486 of 2013 and codified as Ark. Code Ann. § 25-16-103, falls outside of the Arkansas Ethics Commission’s jurisdiction."