(a)

1. (1) It is an affirmative defense to prosecution or disciplinary action if a person elected or appointed to an office under Arkansas Constitution, Article 19, § 30(a), takes one (1) of the following actions within thirty (30) days of discovering or learning of an unintentional violation of the gift prohibition set forth in Arkansas Constitution, Article 19, § 30:

   1. (A) Returns the gift to the donor; or
   2. (B) If the gift is not returnable, pays the donor consideration that is equal to or greater than the value of the gift.
2. (2) If a complaint alleges a person committed a violation of Arkansas Constitution, Article 19, § 30, the director shall notify the person who is the subject of the complaint of the existence of this affirmative defense.
3. (3) In addition, the director shall notify the person who is the subject of the complaint of the date, time, and place of the meeting at which the allegation will be considered for a determination of whether or not the alleged violation was unintentional and whether or not the applicable action occurred within the required thirty-day time period.

(b)

1. (1) In the event the Arkansas Ethics Commission determines that the violation of Arkansas Constitution, Article 19, § 30, was unintentional and the aforementioned action is taken within the required thirty-day time period, the commission shall not proceed with an investigation of an alleged violation of the gift prohibition set forth in Arkansas Constitution, Article 19, § 30.
2. (2) If the commission does not proceed with an investigation of an alleged unintentional violation, the person shall not be considered to have committed a violation of the gift prohibition set forth in Arkansas Constitution, Article 19, § 30.
3. (3) However, assertion of the affirmative defense provision contained herein shall not be construed to authorize a person to knowingly or willfully solicit or accept a gift in violation of Arkansas Constitution, Article 19, § 30.