The Arkansas Legislature on Wednesday advanced bills that address lawmaker misconduct.
State officials who accept improper gifts from lobbyists would be able to avoid sanctions if they returned the gifts within 30 days, under legislation approved Wednesday by the Arkansas Senate.
The Arkansas House of Representatives also pushed forward a bill meant to curb criminal behavior by lawmakers.
Senate Bill 967, which passed in the Senate 25-2, would give lawmakers a grace period to return gifts.
Lawmakers who unwittingly took improper gifts would have 30 days from the discovery of the violation.
If the prohibited gift were not returnable, the state official could pay the donor "consideration that is equal to or greater than the value of the gift" within those 30 days without penalty.
The Arkansas Ethics Commission would be barred from investigating improper-gift allegations in those cases. Lawmakers returning the gifts or paying the donors for the value of the gift within 30 days "shall not be considered to have committed a violation" under the proposal.
The bill, sponsored by Sen. Jon Woods, R-Springdale, now heads to the state House of Representatives. The bill amends state ethics laws and Amendment 94 to the Arkansas Constitution and requires a two-thirds vote for approval in both chambers.
Woods told the Senate State Agencies and Governmental Affairs Committee on Tuesday that several lawmakers suggested creating a "30-day cure period" to fix their ethics errors because there is a similar period in federal law applying to U.S. congressmen and senators.
The bill would allow lawmakers to accept personalized awards, plaques or trophies with values of $150 or less.
"I am trying to protect my colleagues and eliminate silly gotchas," Woods said. He said he wants the commission to investigate "serious accusations and serious complaints and serious violations and not minor technicalities."
Amendment 94 -- approved by voters in November -- extended term limits for lawmakers; barred them from accepting certain gifts from lobbyists, including food and drinks in one-on-one meetings; prohibited direct campaign contributions from unions and corporations to state elected officials; and created a citizens commission to increase the salaries of the state's elected officials.
The bill would increase the $2,000-per-election contribution limit to state candidates from individuals, political parties, county political parties, legislative caucus committees and political action committees to $2,700 per election. The limit would be adjusted for inflation at the start of each odd-numbered year and the ethics commission would be required to round the amount to the nearest multiple of $100.
SB967 would extend the ban on state lawmakers and constitutional officers accepting certain gifts from lobbyists to include members of the state Supreme Court and Court of Appeals, circuit and district judges, and prosecutors.
It would limit who can dine when an event is held for a legislative committee. Under SB967, lawmakers who don't serve on that committee would be prohibited from accepting free food and drinks.
The bill would define a planned activity as "an event for which a written invitation is distributed electronically or by other means by the lobbyist, person acting on behalf of a lobbyist or the person employing or contracting with a lobbyist to members of the specific governmental body at least 24 hours before the event."
Lobbyists and their agents would be prohibited from holding more than one of the planned activities in a seven-day period.
The legislation also would bar a candidate or elected official from displaying one or more campaign banners, campaign signs or other campaign literature larger than 12 inches by 12 inches on a car, truck, tractor or other vehicle belonging to the candidate or public official while on the state Capitol grounds.
Sen. David Burnett, D-Osceola, said Tuesday that the provision appeared to be aimed at a few constitutional officers and that it would require some vehicles parked at the state Capitol that are extensively painted to get new paint jobs.
While the Senate was creating grace periods for lawmakers, the House was approving tougher punishments for dishonest politicians.
Lawmakers on Wednesday narrowly passed a Senate bill that would heighten criminal penalties for elected officials convicted of an existing criminal statute, "abuse of public trust."
SB852, by Sen. Joyce Elliot, D-Little Rock, passed 52-23. Twenty-five lawmakers declined to take sides.
Speaking on behalf of the bill Wednesday, Rep. Clarke Tucker, D-Little Rock, said SB852 would make penalties more severe for lawmakers or other elected officials who traded appointments, or votes, in exchange for money or other gifts.
"[Currently,] a 19-year-old kid could steal a truck worth $26,000 and be convicted ... and sentenced ... up to 20 years in prison while a politician who takes a bribe of $100,000 would only face up to five years," Tucker said.
Currently, a lawmaker convicted of abusing public trust would be subject to a Class D felony and could face up to five years in prison and a $5,000 fine.
Under SB852, if someone accepted a bribe worth $25,000 or more, he could face up to 20 years in prison.
Accepting a bribe of benefit between $5,000 and $25,000 would be a Class C felony, punishable by up to 10 years.
Anything under $5,000 would remain a Class D felony.
Metro on 04/02/2015