71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 4161
A-Engrossed
Senate Bill 960
Ordered by the Senate April 25
Including Senate Amendments dated April 25
Sponsored by COMMITTEE ON RULES AND REDISTRICTING (at the request
of Capitol Club)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Modifies information lobbyist and person employing lobbyist
must submit to Oregon Government Standards and Practices
Commission. Authorizes entity comprising more than one lobbyist
to submit information for lobbyists composing entity. Eliminates
commission authority to impose and collect fees from lobbyists.
Authorizes legislative or executive department official to
receive consideration from other than State of Oregon for acting
as lobbyist outside Oregon.
A BILL FOR AN ACT
Relating to lobby regulation; creating new provisions; amending
ORS 171.725, 171.730, 171.735, 171.740, 171.745, 171.750 and
171.756; and repealing ORS 171.743.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 171.725 is amended to read:
171.725. As used in ORS 171.725 to 171.785, unless the context
requires otherwise:
{ + (1) 'Compensation' has the meaning given that term in ORS
292.951. + }
{ - (1) - } { + (2) + } 'Consideration' includes a gift,
payment, distribution, loan, advance or deposit of money or
anything of value, and includes a contract, promise or agreement,
whether or not legally enforceable.
{ - (2) - } { + (3) + } 'Executive agency' means a
commission, board, agency or other body in the executive branch
of state government that is not part of the legislative or
judicial branch.
{ - (3) - } { + (4) + } 'Executive official' means any
member or member-elect of an executive agency and any member of
the staff or an employee { - thereof - } { + of an executive
agency + }. A member of a state board or commission, other than a
member who is employed in full-time public service,
{ - shall - } { + is + } not { - be considered - } an
executive official for purposes of ORS 171.725 to 171.785.
{ - (4) - } { + (5) + } 'Judge' means an active judge
serving on the Oregon Supreme Court, Court of Appeals, Oregon Tax
Court, or an Oregon circuit court.
{ - (5) - } { + (6) + } 'Legislative action' means
introduction, sponsorship, testimony, debate, voting or any other
official action on any measure, resolution, amendment,
nomination, appointment, or report, or any matter { - which - }
{ + that + } may be the subject of action by either house of the
Legislative Assembly, or any committee { - thereof - } { + of
the Legislative Assembly, + } or the approval or veto thereof by
the Governor.
{ - (6) - } { + (7) + } 'Legislative official' means any
member or member-elect of the Legislative Assembly, any member of
an agency, board or committee that is part of the legislative
branch, and any staff person, assistant or employee thereof.
{ - (7) - } { + (8) + } 'Lobbying' means influencing, or
attempting to influence, legislative action through oral or
written communication with legislative officials, solicitation of
others to influence or attempt to influence legislative action or
attempting to obtain the good will of legislative officials.
{ - (8) - } { + (9) + } 'Lobbyist' means:
(a) Any individual who agrees to provide personal services for
money or any other consideration for the purpose of lobbying.
(b) Any person not otherwise subject to paragraph (a) of this
subsection who provides personal services as a representative of
a corporation, association, organization or other group, for the
purpose of lobbying.
(c) Any public official who lobbies.
{ - (9) - } { + (10) + } 'Public agency' means a
commission, board, agency or other governmental body.
{ - (10) - } { + (11) + } 'Public official' means any
member or member-elect of any public agency and any member of the
staff or an employee { - thereof - } { + of the public
agency + }.
SECTION 2. ORS 171.730 is amended to read:
171.730. The Legislative Assembly finds that { + , + } to
preserve and maintain the integrity of the legislative process,
{ - it is necessary that the identity, expenditures and
activities of certain - } persons who engage in efforts to
persuade members of the Legislative Assembly or the executive
branch to take specific actions, either by direct communication
{ - to such officials - } { + with members or employees of the
Legislative Assembly or the executive branch + }or by
solicitation of others to engage in { - such - }
{ + those + } efforts, { - be publicly and - }
{ + should + } regularly { - disclosed - } { + report their
efforts to the public + }.
SECTION 3. ORS 171.735 is amended to read:
171.735. { - Provided such persons are not registered with
the Oregon Government Standards and Practices Commission, - }
ORS 171.740 and 171.745 do not apply to the following persons:
(1) News media { + , + } or their employees or agents,
{ - who - } { + that + } in the ordinary course of business
{ - publish or broadcast news items, editorials or other
comments or paid advertisements which - } directly or indirectly
urge legislative action { - if such persons - } { + but that
+ }engage in no other activities in connection with
{ - such - } { + the + } legislative action.
(2) Any legislative official acting in an official capacity.
(3) Any individual who receives no { - additional
consideration - } { + compensation or reimbursement of
expenses + } for lobbying { + , + } { - and - } 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, { - if
the individual testifies - } { + when testifying + }, registers
an appearance in the records of { - such - } { + the + }
committees or agencies.
(4) A person who spends not more than 24 hours during any
calendar quarter lobbying { - , excluding travel time, - } and
who does not spend an amount in excess of $100 lobbying during
any calendar quarter { - excluding the cost of personal travel,
meals and lodging. Once either the $100 or 24-hour amount is
exceeded by an individual or by a corporation, association,
organization or other group, the individual, corporation,
association, organization or other group must comply with the
requirements of ORS 171.740 to 171.756 and must register with the
Oregon Government Standards and Practices Commission under ORS
171.740 within three working days after exceeding either the
expenditure or the time limit, or both - } .
(5) The Governor, Executive Assistant to the Governor, Legal
Counsel to the Governor, Secretary of State, Deputy Secretary of
State appointed pursuant to ORS 177.040, State Treasurer, Chief
Deputy State Treasurer appointed pursuant to ORS 178.060,
Attorney General, Deputy Attorney General appointed pursuant to
ORS 180.130, Superintendent of Public Instruction, Commissioner
of the Bureau of Labor and Industries and any judge.
SECTION 4. ORS 171.740 is amended to read:
171.740. (1) Within three working days after exceeding the
limit of time or expenditure specified in ORS 171.735 (4),
{ - each - } { + a + } lobbyist { - or public agency - }
shall register with the Oregon Government Standards and Practices
Commission by filing with the commission a statement containing
the following information:
(a) The name { + , + } { - and - } address { + and
telephone number + } of the lobbyist.
(b) The name { + , + } { - and - } address { + and
telephone number + } of each person { - or agency by whom - }
{ + that employs + } the lobbyist { - is employed - } or in
whose interest the lobbyist appears or works { + . + }
{ - , - }
{ + (c) + } A { + general + } description of the trade,
business, profession or area of endeavor of { - that - }
{ + any + } person { - or agency - } { + designated under
paragraph (b) of this subsection + }, and a { - designation - }
{ + statement + } by { - each such - } { + the + } person
{ - or agency - } that the lobbyist is officially authorized to
lobby for { - that - } { + the + } person { - or agency - }
.
{ - (c) - } { + (d) + } The name of any member of the
Legislative Assembly
{ - who is in any way employed by the lobbyist employer
designated in paragraph (b) of this subsection or who is employed
by the lobbyist or whether the lobbyist and member are associated
with the same business, as defined in ORS 244.020. However,
ownership of stock in a publicly traded corporation in which a
member of the Legislative Assembly also owns stock is not a
relationship which need be stated - } { + 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 + }.
{ - (d) - } { + (e) + } The general subject or subjects of
the legislative { + action of + } interest { - of - }
{ + to the person for whom + } the lobbyist { + is
registered + }.
(2) The designation of official authorization to lobby shall be
signed by an { - officer - } { + official + } of each
{ - such public agency, corporation, association, organization
or other group or by each individual by whom - } { + person
that employs + } the lobbyist { - is employed - } or in whose
interest the lobbyist appears or works.
(3) { + If a lobbyist appears for a person for whom the
lobbyist has not registered, the lobbyist shall register with the
commission within three working days of the lobbyist's
appearance. + }
{ - A lobbyist shall notify the Oregon Government Standards
and Practices Commission of a change of address of the lobbyist
or the person or agency by whom the lobbyist is employed within
30 days of the change. - }
{ - (4) A lobbyist must revise the statements required by
subsection (1) of this section, if any of the information
contained therein changes. Revised statements shall be filed
within 30 days of the change. - }
{ - (5) A lobbyist registration expires two years after the
date of filing or refiling and must be renewed by application
accompanied by the fees described in ORS 171.743. - }
{ + (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.
(6) For the statement required by this section, an entity
comprised of more than one lobbyist may file one statement for
the lobbyists that 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 5. ORS 171.745 is amended to read:
171.745. (1) { - Any - } { + A + } lobbyist { - who
engages in any lobbying activities shall file - }
{ + registered + } with the Oregon Government Standards and
Practices Commission { + or required to register with the
commission shall + }, on January 31 and July 31, of each
even-numbered year, and on January 31, April 30 and July 31 of
each odd-numbered year, { + file with the commission + } a
statement showing:
(a) The total amount of all moneys expended by the lobbyist for
the purpose of lobbying in the preceding reporting period { - ,
by general category, including but not limited to - } { +
for + }:
(A) Food, refreshments and entertainment;
(B) Printing, postage and telephone;
(C) Advertising { + , + } { - and - } public relations,
education and research; and
(D) Miscellaneous; and
(b) The name of any legislative or executive official to whom
or for whose benefit, on any one occasion, an expenditure in
excess of $25 is made for the purposes of lobbying, and the date,
name of payee, purpose and amount of that expenditure.
(2) Beginning on July 1, 1979, the dollar amount specified in
subsection (1)(b) of this section shall be adjusted annually by
the commission based upon the change in the Portland Consumer
Price Index for All Urban Consumers for All Items as prepared by
the Bureau of Labor Statistics of the United States Department of
Labor or its successor during the preceding 12-month period. The
amount determined under this subsection shall be rounded to the
nearest dollar.
(3) 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 { - thereof - } { + of the
expenditure + } shall be submitted in the statement and
designated as { - such - } { + 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.
(4) Notwithstanding ORS 171.735, 171.740 and subsections (1) to
(3) of this section, { - no - } { + a + } registered
lobbyist, who engages in lobbying activities without compensation
on behalf of an organization { - , shall be - } { + is not + }
required to register as a lobbyist for { - such - }
{ + the + } organization { - so - } { + as + } long as the
lobbying activity does not exceed the financial or time limits
set in ORS 171.735 (4).
(5) A statement required by this section shall include a copy
of any notice provided to a public official under ORS 244.100
(3).
{ + (6) 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 6. ORS 171.750 is amended to read:
171.750. (1) Any person { - or public agency which
employs - } { + on whose behalf + } a lobbyist { - who - }
was registered, or { - who - } was required to register with
the Oregon Government Standards and Practices Commission at any
time during the preceding calendar year, shall file with the
{ - Oregon Government Standards and Practices - } commission,
by January 31st of each year, a statement showing, for the
preceding calendar year:
(a) The total amount of all moneys expended for lobbying
activities { - in - } { + on + } the { - employer's - }
{ + person's + } behalf, excluding living and travel expenses
incurred { - during a session of the Legislative Assembly - }
{ + for a lobbyist performing lobbying services + }.
(b) The name of any legislative or executive official to whom
or for whose benefit, on any one occasion, an expenditure in
excess of $25 for the purpose of lobbying is made by the
{ - employer - } { + person + }, but not including
information previously reported in compliance with ORS 171.745,
and the date, name of payee, purpose and amount of that
expenditure.
(2) Using July 1, 1979, as the base, the dollar amount
specified in subsection (1)(b) of this section shall be adjusted
annually by the commission based upon the change in the Portland
Consumer Price Index for All Urban Consumers for All Items as
prepared by the Bureau of Labor Statistics of the United States
Department of Labor, or its successor, during the preceding
12-month period. The amount determined under this subsection
shall be rounded to the nearest dollar.
(3) A statement required under subsection (1) of this section
shall include a copy of any notice provided to a public official
under ORS 244.100 (3).
SECTION 7. ORS 171.756 is amended to read:
171.756. (1) { - No - } { + A + } lobbyist { - shall - }
{ + may not + } instigate the introduction of any legislative
action for the purpose of obtaining employment to lobby in
opposition { - thereto - } { + to the legislative action + }.
(2) { - No - } { + A + } lobbyist { - shall - } { + may
not + } attempt to influence the vote of any member of the
Legislative Assembly by the promise of financial support of the
candidacy of the member, or by threat of financing opposition to
the candidacy of the member, at any future election.
(3) { - No - } { + A + } person { - shall - } { + may
not + } lobby or offer to lobby for consideration any part of
which is contingent upon the success of any lobbying activity.
(4) { - No - } { + A + } legislative or executive official
{ - shall - } { + may not + } receive consideration other than
from the State of Oregon for acting as a lobbyist { + in
Oregon + }.
SECTION 8. { + The amendments to ORS 171.725, 171.730,
171.735, 171.740, 171.745, 171.750 and 171.756 by sections 1 to 7
of this 2001 Act apply to conduct occurring on or after the
effective date of this 2001 Act. + }
SECTION 9. { + ORS 171.743 is repealed. + }
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