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Arkansas General Assembly· HB 1800Notification that HB1800 is now Act 998

An act TO AMEND THE LAW CONCERNING DISCLOSURE FOR 10 CAMPAIGN FINANCE, the official text

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1 State of Arkansas             As Engrossed: H4/1/25 S4/8/25
2 95th General Assembly
                                         A Bill

3 Regular Session, 2025                                           HOUSE BILL 1800

4

5 By: Representative McAlindon

6 By: Senator M. McKee

7

8                               For An Act To Be Entitled

9   AN ACT TO AMEND THE LAW CONCERNING DISCLOSURE FOR

10  CAMPAIGN FINANCE; TO REQUIRE DISCLOSURE BY A

11  REPRESENTATIVE OF A HOSTILE FOREIGN PRINCIPAL; TO

12  AMEND PORTIONS OF THE ARKANSAS CODE THAT RESULTED

13  FROM INITIATED ACT 1 OF 1990; AND FOR OTHER PURPOSES.

14

15

16                              Subtitle

17                       TO AMEND THE LAW CONCERNING DISCLOSURE

18                       FOR CAMPAIGN FINANCE; TO REQUIRE

19                       DISCLOSURE BY A REPRESENTATIVE OF A

20                       HOSTILE FOREIGN PRINCIPAL; AND TO AMEND

21                       PORTIONS OF THE ARKANSAS CODE THAT

22                       RESULTED FROM INITIATED ACT 1 OF 1990.

23

24 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

25

26  SECTION 1. Arkansas Code � 7-6-217(g)(1) - (3), concerning the

27 creation of the Arkansas Ethics Commission and resulting from Initiated Act 1

28 of 1990, is amended to read as follows:

29  (g) The commission shall have the authority to:

30  (1) Under the Arkansas Administrative Procedure Act, � 25-15-201

31 et seq., promulgate reasonable rules to implement and administer the

32 requirements of this subchapter, as well as � 7-1-114 [repealed]; the

33 Disclosure Act for Public Initiatives, Referenda, and Measures Referred to

34 Voters, � 7-9-401 et seq.; � 19-11-718; � 21-8-301 et seq.; the Disclosure

35 Act for Lobbyists and State and Local Officials, � 21-8-401 et seq., � 21-8-

36 601 et seq., � 21-8-701 et seq., and � 21-8-801 et seq.; � 21-8-901 et seq.;

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    As Engrossed: H4/1/25 S4/8/25                                           HB1800

1 � 21-8-1001 et seq.; � 21-8-1101 et seq.; � 25-1-125; and Arkansas

2 Constitution, Article 19, �� 28-30; and to govern procedures before the

3 commission, matters of commission operations, and all investigative and

4 disciplinary procedures and proceedings;

5   (2) Issue advisory opinions and guidelines on the requirements

6 of � 6-24-101 et seq.; � 7-1-103(a)(1)-(4), (6), and (7); � 7-1-114

7 [repealed]; this subchapter; the Disclosure Act for Public Initiatives,

8 Referenda, and Measures Referred to Voters, � 7-9-401 et seq.; � 19-11-718; �

9 21-8-301 et seq.; the Disclosure Act for Lobbyists and State and Local

10 Officials, � 21-8-401 et seq., � 21-8-601 et seq., � 21-8-701 et seq., and �

11 21-8-801 et seq.; � 21-8-901 et seq.; � 21-8-1001 et seq.; � 21-8-1101 et

12 seq.; � 25-1-125; and Arkansas Constitution, Article 19, �� 28-30;

13  (3) After a citizen complaint has been submitted to the

14 commission, investigate alleged violations of � 6-24-101 et seq.; � 7-1-

15 103(a)(1)-(4), (6), and (7); � 7-1-114 [repealed]; this subchapter; the

16 Disclosure Act for Public Initiatives, Referenda, and Measures Referred to

17 Voters, � 7-9-401 et seq.; � 19-11-718; � 21-1-401 et seq.; � 21-8-301 et

18 seq.; the Disclosure Act for Lobbyists and State and Local Officials, � 21-8-

19 401 et seq., � 21-8-601 et seq., � 21-8-701 et seq., and � 21-8-801 et seq.;

20 � 21-8-901 et seq.; � 21-8-1001 et seq.; � 21-8-1101 et seq.; � 25-1-125; and

21 Arkansas Constitution, Article 19, �� 28-30; and render findings and

22 disciplinary action thereon;

23

24  SECTION 2. Arkansas Code � 7-6-218(a)(1), concerning citizen

25 complaints filed with the Arkansas Ethics Commission and resulting from

26 Initiated Act 1 of 1990, is amended to read as follows:

27  (a)(1) Any citizen may file a complaint with the Arkansas Ethics

28 Commission against a person covered by this subchapter, by � 6-24-101 et

29 seq.; � 7-1-103(a)(1)-(4), (6), or (7); � 7-1-114 [repealed]; the Disclosure

30 Act for Public Initiatives, Referenda, and Measures Referred to Voters, � 7-

31 9-401 et seq.; � 21-1-401 et seq.; � 21-8-301 et seq.; the Disclosure Act for

32 Lobbyists and State and Local Officials, � 21-8-401 et seq., � 21-8-601 et

33 seq., � 21-8-701 et seq., and � 21-8-801 et seq.; � 21-8-901 et seq.; � 21-8-

34 1001 et seq.; � 21-8-1101 et seq.; � 25-1-125; and Arkansas Constitution,

35 Article 19, �� 28-30, for an alleged violation of the subchapters or

36 sections. For purposes of this subdivision (a)(1), the Arkansas Ethics

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    As Engrossed: H4/1/25 S4/8/25                                           HB1800

1 Commission shall be considered a citizen.

2

3   SECTION 3. Arkansas Code � 7-6-218(b)(1)(A), concerning citizen

4 complaints filed with the Arkansas Ethics Commission and resulting from

5 Initiated Act 1 of 1990, is amended to read as follows:

6   (b)(1)(A) Upon a complaint stating facts constituting an alleged

7 violation signed under penalty of perjury by any person, the Arkansas Ethics

8 Commission shall investigate the alleged violation of this subchapter or � 6-

9 24-101 et seq.; � 7-1-103(a)(1)-(4), (6), or (7); � 7-1-114 [repealed]; the

10 Disclosure Act for Public Initiatives, Referenda, and Measures Referred to

11 Voters, � 7-9-401 et seq.; � 21-1-401 et seq.; � 21-8-301 et seq.; the

12 Disclosure Act for Lobbyists and State and Local Officials, � 21-8-401 et

13 seq., � 21-8-601 et seq., � 21-8-701 et seq., and � 21-8-801 et seq.; � 21-8-

14 901 et seq.; � 21-8-1001 et seq.; � 21-8-1101 et seq.; � 25-1-125; and

15 Arkansas Constitution, Article 19, �� 28-30.

16

17  SECTION 4. Arkansas Code � 7-6-218(b)(4), concerning citizen

18 complaints filed with the Arkansas Ethics Commission and resulting from

19 Initiated Act 1 of 1990, is amended to read as follows:

20             (4) If the Arkansas Ethics Commission finds a violation of this

21 subchapter; � 6-24-101 et seq.; � 7-1-103(a)(1)-(4), (6), or (7); � 7-1-114

22 [repealed]; � 21-1-401 et seq.; � 21-8-301 et seq.; the Disclosure Act for

23 Lobbyists and State and Local Officials, � 21-8-401 et seq., � 21-8-601 et

24 seq., � 21-8-701 et seq., and � 21-8-801 et seq.; � 21-8-901 et seq.; � 21-8-

25 1001 et seq.; � 21-8-1101 et seq.; � 25-1-125; or Arkansas Constitution,

26 Article 19, �� 28-30, then the Arkansas Ethics Commission shall do one (1) or

27 more of the following, unless good cause be shown for the violation:

28             (A) Issue a public letter of caution or warning or

29 reprimand;

30             (B)(i) Notwithstanding the provisions of �� 7-6-202, 7-9-

31 409, 21-8-403, and 21-8-903, and 21-8-1105, impose a fine of not less than

32 fifty dollars ($50.00) nor more than three thousand five hundred dollars

33 ($3,500) for negligent or intentional violation of this subchapter; � 6-24-

34 101 et seq.; � 7-1-114 [repealed]; the Disclosure Act for Public Initiatives,

35 Referenda, and Measures Referred to Voters, � 7-9-401 et seq.; � 21-8-301 et

36 seq.; the Disclosure Act for Lobbyists and State and Local Officials, � 21-8-

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    As Engrossed: H4/1/25 S4/8/25                                           HB1800

1 401 et seq., � 21-8-601 et seq., � 21-8-701 et seq., and � 21-8-801 et seq.;

2 � 21-8-901 et seq.; � 21-8-1001 et seq.; � 21-8-1101 et seq.; � 25-1-125; or

3 Arkansas Constitution, Article 19, �� 28-30.

4                     (ii) A fine for violating � 7-1-114 [repealed];

5 shall not exceed one hundred fifty dollars ($150).

6                     (iii) The Arkansas Ethics Commission shall adopt

7 rules governing the imposition of such fines in accordance with the

8 provisions of the Arkansas Administrative Procedure Act, � 25-15-201 et seq.

9                     (iv) All moneys received by the Arkansas Ethics

10 Commission in payment of fines shall be deposited into the State Treasury as

11 general revenues;

12                    (C) Order the respondent to file or amend a statutorily

13 required disclosure form; or

14                    (D)(i) Report its finding, along with such information and

15 documents as it deems appropriate, and make recommendations to the proper law

16 enforcement authorities.

17                    (ii) When exercising the authority provided in this

18 subdivision (b)(4), the Arkansas Ethics Commission is not required to make a

19 finding of a violation of the laws under its jurisdiction.

20

21  Subchapter 11 ---- Disclosure by Representatives of a Hostile Foreign

22 Principal

23

24  21-8-1101. Legislative findings.

25  The General Assembly finds that:

26            (1) The voters, citizens, and policymakers of this state are

27 entitled to transparency in the political and propaganda activities of

28 organizations that may be controlled by or under the influence of foreign

29 countries hostile to the interests of this state and of the United States;

30            (2) In an increasingly globalized world, determining whether an

31 organization's political and propaganda activities are funded by hostile

32 foreign interests is often difficult; and

33            (3) Legislation is needed to ensure the transparency necessary

34 to allow voters, citizens, and policymakers to evaluate whether political and

35 propaganda activities are funded by potentially hostile foreign actors.

36

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    As Engrossed: H4/1/25 S4/8/25                                        HB1800

1   21-8-1102. Definitions.

2   As used in this subchapter:

3           (1) "Foreign-supported political organization" means a political

4 party or a domestic partnership, association, corporation, organization, or

5 any other combination of persons that has, within the past five (5) calendar

6 years, received money or other things of value from a hostile foreign

7 principal or a representative of a hostile foreign principal and that engages

8 in political activity;

9           (2) "Hostile foreign nation" means the:

10          (A) People's Republic of China;

11          (B) Russian Federation;

12          (C) Democratic People's Republic of Korea; or

13          (D) Islamic Republic of Iran;

14          (3) "Hostile foreign principal" means:

15          (A) A government of a hostile foreign nation, a political

16 party of a hostile foreign nation, or any member of a political party of a

17 hostile foreign nation;

18          (B) A nonresident alien of a hostile foreign nation; or

19          (C) A partnership, association, corporation, organization,

20 or other combination of persons organized under the law of or having its

21 principal place of business in a hostile foreign nation;

22          (4) "Political activity" means an activity that is performed to

23 influence an agency or public official of this state, a local government

24 entity within this state, or the public within this state, with reference to:

25          (A) Formulating, adopting, or changing the policies or

26 laws of this state; or

27          (B) Electing or opposing a candidate for local or state

28 public office, not including campaign donations; and

29          (5) "Representative of a hostile foreign principal" means a

30 person:

31          (A) Who acts as an agent, employee, representative, or

32 servant, or otherwise acts at the order, request, or under the direction or

33 control of a hostile foreign principal;

34          (B) Whose actions are financed in whole or in part by a

35 hostile foreign principal; and

36          (C) Who engages in political activity.

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    As Engrossed: H4/1/25 S4/8/25                                           HB1800

1

2   21-8-1103. Transparency in representation of hostile foreign

3 principals.

4   (a)(1) Except as otherwise provided in this subchapter, a person shall

5 not act as a representative of a hostile foreign principal unless the person

6 has filed a true and complete registration statement with the Secretary of

7 State as required by this subchapter.

8              (2) Except as otherwise provided in this section, a person who

9 becomes a representative of a hostile foreign principal shall file a

10 registration statement under oath with the Secretary of State within ten (10)

11 days of the person's becoming a representative of a hostile foreign

12 principal.

13             (3) The obligation of a representative of a hostile foreign

14 principal to file a registration statement, after the tenth day of becoming a

15 representative of a hostile foreign principal, shall continue from day to

16 day, and termination of status as a representative of a hostile foreign

17 principal shall not relieve the representative of a hostile foreign principal

18 from the obligation to file a registration statement for the period during

19 which he or she was a representative of a hostile foreign principal.

20  (b) The registration statement required under this section shall

21 include the following:

22             (1) The registrant's:

23                 (A) Name;

24                 (B) Principal business address;

25                 (C) Other business addresses in the United States or

26 elsewhere; and

27                 (D) Residence addresses, if any; and

28             (2) A comprehensive statement of the nature of the registrant's

29 business.

30  (c) A registered representative of a hostile foreign principal under

31 this subchapter shall update the registration statement required under this

32 section no less frequently than quarterly.

33

34  21-8-1104. Transparency in foreign-supported political organizations.

35  (a) No later than January 31, 2026, and each following year, each

36 foreign-supported political organization shall register with the Secretary of

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    As Engrossed: H4/1/25 S4/8/25                                           HB1800

1 State and provide the following information:

2       (1) The name of the foreign-supported political organization,

3 its business address, and upon request the names, titles, and addresses of

4 all officers and directors of the foreign-supported political organization;

5       (2) If the foreign-supported political organization is

6 affiliated with or a chapter of a national organization, the name of the

7 national organization, its address, and the names and addresses of its

8 officers and directors;

9       (3) A detailed statement of any expenditures of money or other

10 things of value made by the foreign-supported political organization within

11 the prior calendar year to influence an agency or public official of this

12 state, a local government entity within this state, or the public within this

13 state, with reference to formulating, adopting, or changing the policies or

14 laws of this state or electing a candidate to local or state public office;

15 and

16      (4) A detailed statement of all money or other thing of value

17 received by the foreign-supported political organization from a hostile

18 foreign principal or a representative of a hostile foreign principal during

19 the prior calendar year.

20      (b) A foreign-supported political organization under this subchapter

21 shall update the registration statement required under this section no less

22 frequently than annually.

23

24      21-8-1105. Penalties for violation.

25      (a) Upon receipt of a complaint that a representative of a hostile

26 foreign principal or a foreign-supported political organization has failed to

27 comply with the registration and reporting requirements of this subchapter,

28 or upon his or her own determination, the Secretary of State may investigate

29 and assess penalties for the violation of this subchapter.

30      (b) The Secretary of State may assess the following civil penalties:

31      (1) For any violation of this subchapter, up to five hundred

32 dollars ($500) per violation; and

33      (2) For willful or repeated violations of this subchapter, up to

34 two thousand dollars ($2,000) per violation.

35

36      21-8-1106. Rules.

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    As Engrossed: H4/1/25 S4/8/25                            HB1800

1   The Secretary of State shall promulgate rules to:

2   (1) Create and maintain registration statement forms as

3 described under this subchapter; and

4   (2) Implement this subchapter.

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