Do History Commission members have to file disclosures pursuant to Act 570 of 1979? 21-8-305. RESPONSE: Yes. Ethics, conflicts of interest.

STATE OF ARKANSAS OFFICE OF THE ATTORNEY GENERAL JUSTICE BUILDING, LITTLE ROCK 72201 y STEVE CLARK (501) 371-2007 ATTORNEY GENERAL OPINION NO. 86-34 February 6, 1986 Mr. Fred Church Department of Parks and Tourism One Capitol Mall Little Rock, Arkansas 72201 Dear Mr. Church: This is in response to your request for an opinion regarding Act 570 of 1979 as amended. You question whether members of the History Commission must file disclosures pursuant to Act 570. Act 570 requires that designated persons file a written statement containing specific information. Included among those who must make disclosures are persons serving by appointment to a State commission who are charged by law with the exercise of regulatory authority through rule making or adjudication or who are authorized to receive or disperse State or federal funds. Ark. Stat. Ann. §12- — 3002(e). Excluded are persons serving without compensation on any non-regulatory State commission. Ark. Stat. Ann. ~§12-3002(f) (1). a The History Commission was created by Act 355 of 1911. Its members are appointed by the Governor. Ark. Stat. Ann. §6- -'202(a). The Commission is required to adopt rules for the ‘conduct of its business. Ark.. Stat. Ann. §6-202(f). "Rules" -;Means any agency statement of general applicability and. “future effect that interprets, prescribes or implements - the . law:or policy or describes the organization, procedures, or. practice. of the agency. “Ark. Stat. Ann. §5- “701 (c). "Therefore, ait. appears that the History Commission has the _ power to adopt rules which subjects the Commissioners to the ’ filing requirements of Act 570. The Commission does not “appear to fall within the exception for non-regulatory Mr. Fred Church February 6, 1986 Page 2 agencies serving without compensation because it has rule making power, and its members receive per diem payments for certain expenses incurred in attending meetings. Consequently, it appears that the members of the Commission should file the disclosure statement required by Act 570. - The foregoing opinion, which I hereby approve, was prepared by Assistant Attorney General Thomas S. Gay. Sincerely, | ; ak (baal STEVE} CLARK Attorney General JSC:TSG:jk