Bill Text: OR HB2078 | 2013 | Regular Session | Enrolled
Bill Title: Relating to lobbying regulation.
Spectrum: Unknown
Status: (Passed) 2013-06-04 - Chapter 262, (2013 Laws): Effective date January 1, 2014. [HB2078 Detail]
Download: Oregon-2013-HB2078-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
Enrolled
House Bill 2078
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of Governor John A. Kitzhaber, M.D., for
Oregon Government Ethics Commission)
CHAPTER ................
AN ACT
Relating to lobbying regulation; amending ORS 171.735, 171.740,
171.745 and 171.992.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 171.735 is amended to read:
171.735. ORS 171.740 and 171.745 do not apply to the following
persons:
(1) News media, or their employees or agents, that in the
ordinary course of business directly or indirectly urge
legislative action but that engage in no other activities in
connection with the legislative action.
(2) Any legislative official acting in an official capacity.
(3) Any individual who does not receive compensation or
reimbursement of expenses for lobbying, who limits lobbying
activities solely to formal appearances to give testimony before
public sessions of committees of the Legislative Assembly, or
public hearings of state agencies, and who, when testifying,
registers an appearance in the records of the committees or
agencies.
(4) A person who does not { + :
(a) Agree to provide personal services for money or any other
consideration for the purpose of lobbying;
(b) + } Spend more than an aggregate amount of 24 hours during
any calendar quarter lobbying { + ; + } and
{ + (c) + } { - who does not - } Spend an aggregate amount
in excess of $100 lobbying during any calendar quarter.
(5) The Governor, chief of staff for the Governor, deputy chief
of staff for the Governor, legal counsel to the Governor, deputy
legal counsel to the Governor, Secretary of State, Deputy
Secretary of State appointed pursuant to ORS 177.040, State
Treasurer, Deputy State Treasurer appointed pursuant to ORS
178.060, chief of staff for the office of the State Treasurer,
Attorney General, Deputy Attorney General appointed pursuant to
ORS 180.130, Deputy Superintendent of Public Instruction
appointed pursuant to ORS 326.300, Commissioner of the Bureau of
Labor and Industries, deputy commissioner of the Bureau of Labor
and Industries appointed pursuant to ORS 651.060, members and
staff of the Oregon Law Commission who conduct the law revision
program of the commission or any judge.
SECTION 2. ORS 171.740 is amended to read:
Enrolled House Bill 2078 (HB 2078-A) Page 1
171.740. (1) Within { - three - } { + 10 + } business days
after exceeding the limit of time or expenditure specified in ORS
171.735 (4), { + or within 10 business days after agreeing to
provide personal services for money or any other consideration
for the purpose of lobbying, + } a lobbyist shall register with
the Oregon Government Ethics Commission by filing with the
commission a statement containing the following information:
(a) The name, address and telephone number of the lobbyist.
(b) The name, address and telephone number of each person that
employs the lobbyist or in whose interest the lobbyist appears or
works.
(c) A general description of the trade, business, profession or
area of endeavor of any person designated under paragraph (b) of
this subsection, and a statement by the person that the lobbyist
is officially authorized to lobby for the person.
(d) The name of any member of the Legislative Assembly
employed, retained or otherwise compensated by:
(A) The lobbyist designated under paragraph (a) of this
subsection; or
(B) A person designated under paragraph (b) of this subsection.
(e) The general subject or subjects of the legislative action
of interest to the person for whom the lobbyist is registered.
(2) The designation of official authorization to lobby shall be
signed by an official of each person that employs the lobbyist or
in whose interest the lobbyist appears or works.
(3) A lobbyist must file a separate registration statement
under this section for each person that employs the lobbyist or
in whose interest the lobbyist appears or works. If a lobbyist
appears or works for a person for whom the lobbyist has not
registered, the lobbyist shall register with the commission not
later than { - three - } { + 10 + } business days after the
day the lobbyist first appears or works for the person.
(4) If any of the information submitted by a lobbyist in the
statement required under subsection (1) of this section changes,
the lobbyist shall revise the statement within 30 days of the
change.
{ - (5) A lobbyist registration expires December 31 of an
odd-numbered year. If a lobbyist renews the registration before
March 31 of the following even-numbered year, the commission
shall consider the registration to have been effective as of
December 31 of the odd-numbered year on which the registration
expired. - }
{ + (5) A lobbyist registration expires December 31 of each
odd-numbered year. If a lobbyist renews the registration before
January 31 of the following even-numbered year, the commission
shall consider the registration to have been effective as of
December 31 of the odd-numbered year on which the registration
expired. + }
(6) For the statement required by this section, an entity
comprised of more than one lobbyist may file one statement for
the lobbyists who comprise the entity. The statement the entity
files must include the names of the individuals authorized to
lobby on behalf of the client listed in the statement.
SECTION 3. ORS 171.745 is amended to read:
171.745. (1) A lobbyist registered with the Oregon Government
Ethics Commission or required to register with the commission
shall, according to the schedule described in ORS 171.752, file
with the commission a statement showing for the applicable
reporting period:
Enrolled House Bill 2078 (HB 2078-A) Page 2
(a) The total amount of all moneys expended for food,
refreshments and entertainment by the lobbyist for the purpose of
lobbying.
(b) The name of any legislative or executive official to whom
or for whose benefit, on any one occasion, an expenditure is made
for the purposes of lobbying, and the date, name of payee,
purpose and amount of that expenditure. This paragraph applies if
the total amount expended on the occasion by one or more persons
exceeds $50.
(2) Statements required by this section need not include
amounts expended by the lobbyist for personal living and travel
expenses and office overhead, including salaries and wages paid
for staff and secretarial assistance, and maintenance expenses.
If the amount of any expenditure required to be included in a
statement is not accurately known at the time the statement is
required to be filed, an estimate of the expenditure shall be
submitted in the statement and designated as an estimate. The
exact amount expended for which a previous estimate was made
shall be submitted in a subsequent report when the information is
available.
(3) A statement required by this section shall include a copy
of any notice provided to a public official or candidate under
ORS 244.100.
{ - (4) For each statement required by this section, an
entity comprised of more than one lobbyist may file one statement
that reports expenditures by the entity and not by individual
lobbyists. - }
SECTION 4. ORS 171.992 is amended to read:
171.992. (1) Any person who violates any provision of ORS
171.740 to 171.762, or any rule adopted under ORS 171.725 to
171.785, shall forfeit and pay to the General Fund for each
violation a civil penalty of not more than $5,000, to be
determined by the Oregon Government Ethics Commission.
(2)(a) The commission may impose civil penalties upon a person
who fails to file the statement required under ORS 171.745 or
171.750. In enforcing this subsection, the commission is not
required to follow the procedures in ORS 171.778 before finding
that a violation of ORS 171.745 or 171.750 has occurred.
(b) Failure to file the required statement in timely fashion is
prima facie evidence of a violation of ORS 171.745 or 171.750.
(c) The commission may impose a civil penalty of $10 for each
of the first 14 days the statement is late beyond the date set by
law and $50 for each day thereafter. The maximum penalty that may
be imposed under this subsection is $5,000.
(3) A civil penalty imposed under this section may be recovered
in an action brought in the name of the State of Oregon in any
court of appropriate jurisdiction or may be imposed as provided
in ORS 183.745. In any proceedings before the court, including
judicial review under ORS 183.745, the court may review the
penalty as to both liability and reasonableness of amount.
{ - (4)(a) Except as provided in paragraph (b) of this
subsection, the commission shall report, in the manner described
in ORS 192.245, to the Legislative Assembly violations of any
provision of ORS 171.740 to 171.762, or any rule adopted under
ORS 171.725 to 171.785, for which a penalty is imposed under this
section. The report shall include the name of the person against
whom the penalty was imposed and describe the nature of the
violation. - }
{ - (b) The commission shall adopt rules specifying
conditions under which repeated violations of ORS 171.745 or
Enrolled House Bill 2078 (HB 2078-A) Page 3
171.750 involving a failure to file required statements in a
timely fashion are reported to the Legislative Assembly. - }
{ - (5) - } { + (4) + } In lieu of or in conjunction with
finding a violation of law or rule or imposing a civil penalty
under this section, the commission may issue a written letter of
reprimand, explanation or education.
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Passed by House April 22, 2013
.............................................................
Ramona J. Line, Chief Clerk of House
.............................................................
Tina Kotek, Speaker of House
Passed by Senate May 22, 2013
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2078 (HB 2078-A) Page 4
Received by Governor:
......M.,............., 2013
Approved:
......M.,............., 2013
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2013
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2078 (HB 2078-A) Page 5
