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. ---------- 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