Title 171 · ORS Chapter 171

171.710); 1977 c.344 �4; renumbered 183.725] �� 171.715 [1977 c.161 �3; repealed by 1979 c.593 �34] LOBBYING REGULATION �� 171.725 Definitions for ORS 171.725 to 171.785. As used in

Citation: ORS 171.710

Section: 171.710

171.710); 1977 c.344 �4; renumbered 183.725]

�� 171.715 [1977 c.161 �3; repealed by 1979 c.593 �34]

LOBBYING REGULATION

�� 171.725 Definitions for ORS 171.725 to 171.785. 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.

�� (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.

�� (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.

�� (4) �Executive official� means any member or member-elect of an executive agency and any member of the staff or an employee of an executive agency. A member of a state board or commission, other than a member who is employed in full-time public service, is not an executive official for purposes of ORS 171.725 to 171.785.

�� (5) �Judge� means an active judge serving on the Oregon Supreme Court, Court of Appeals, Oregon Tax Court, or an Oregon circuit court.

�� (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 that may be the subject of action by either house of the Legislative Assembly, or any committee of the Legislative Assembly, or the approval or veto thereof by the Governor.

�� (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.

�� (8) �Lobbying� means influencing, or attempting to influence, legislative action through oral or written communication with legislative officials, solicitation of executive officials or other persons to influence or attempt to influence legislative action or attempting to obtain the goodwill of legislative officials.

�� (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.

�� (10) �Public agency� means a commission, board, agency or other governmental body.

�� (11) �Public official� means any member or member-elect of any public agency and any member of the staff or an employee of the public agency. [1973 c.802 �2; 1975 c.747 �1; 1977 c.588 �1; 1987 c.566 �1; 1991 c.378 �1; 2001 c.751 �1; 2007 c.877 �6]

�� 171.730 Legislative finding. The Legislative Assembly finds that, to preserve and maintain the integrity of the legislative process, persons who engage in efforts to influence legislative action, either by direct communication with legislative officials or by solicitation of executive officials or other persons to engage in those efforts, should regularly report their efforts to the public. [1973 c.802 �1; 2001 c.751 �2; 2007 c.877 �6a]

�� 171.735 Exceptions to application of ORS 171.740 and 171.745. 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) 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. [1973 c.802 �3; 1974 c.72 �27; 1975 c.747 �2; 1977 c.588 �1a; 1979 c.666 �1; 1981 c.528 �1; 1987 c.566 �2; 1991 c.378 �2; 1993 c.714 �1; 2001 c.751 �3; 2007 c.877 �6b; 2009 c.254 �1; 2011 c.68 �2; 2011 c.731 �6; 2013 c.262 �1]

�� 171.740 Lobbyist registration; contents of statement; limitations on statement withdrawal; statement changes. (1) Within three business days after exceeding the limit of time or expenditure specified in ORS 171.735 (4), or within three 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, electronic mail address and telephone number of the lobbyist.

�� (b) The name, address, electronic mail 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.

�� (f) A commitment by the lobbyist to comply with the training requirements of ORS 171.742.

�� (2)(a) Not later than 10 calendar days after a lobbyist files a registration statement under this section, 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.

�� (b) A lobbyist may unilaterally withdraw a registration statement filed under this section not more than one time per calendar year for each person designated under subsection (1)(b) of this section if the withdrawal is made:

�� (A) Before the designation of official authorization to lobby has been signed in the manner required under paragraph (a) of this subsection; and

�� (B) No more than 10 calendar days after the lobbyist filed the registration statement.

�� (3) A lobbyist must file a separate registration statement under subsection (1) of 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 business days after the day the lobbyist first appears or works for the person.

�� (4)(a) Except as provided in paragraph (b) of this subsection, 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.

�� (b) A lobbyist shall notify the commission within three business days if the lobbyist ceases to represent a person for whom the lobbyist is registered. Notification must be made by updating the registration statement required under subsection (1) of this section.

�� (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 subsection (1) of this section, an entity composed of more than one lobbyist may file one statement for the lobbyists who compose 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. [1973 c.802 �4; 1974 c.72 �28; 1975 c.747 �3; 1987 c.566 �3; 1993 c.714 �2; 2001 c.751 �4; 2007 c.877 �6c; 2013 c.262 �2; 2016 c.101 �2; 2019 c.604 �25]

�� 171.742 Annual training; rules. (1) A lobbyist registered with the Oregon Government Ethics Commission or required to register with the commission shall annually attend at least two hours of training described in ORS 173.915.

�� (2) A lobbyist registered with the commission or required to register with the commission shall certify attendance at two hours of training described in ORS 173.915, including attendance at online training authorized under ORS 173.915, on statements the lobbyist files under ORS 171.745.

�� (3) On or before February 1 of each year, the commission shall submit a report to the Legislative Equity Officer that lists for each lobbyist the date the lobbyist registered under ORS 171.740 and the dates and duration of training that the lobbyist attended or completed for the prior calendar year.

�� (4) The commission may adopt rules to implement lobbyist training reporting requirements. [2019 c.604 �23]

�� Note: 171.742 was added to and made a part of 171.725 to 171.785 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 171.743 [1993 c.714 �3; repealed by 2001 c.751 �9]

�� 171.745 Lobbyist statements of expenditures; training certification. (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:

�� (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 official 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.

�� (c) Certification of the date, location and duration of any training described in ORS 171.742 that the lobbyist attended or completed.

�� (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.

�� (3) 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.

�� (4) A statement required by this section shall include a copy of any notice provided to a public official or candidate under ORS 244.100. [1973 c.802 �5; 1974 c.72 �29; 1975 c.747 �4; 1979 c.666 �2; 1987 c.158 �32; 1987 c.566 �4; 1991 c.354 �1; 1991 c.677 �2; 1993 c.743 �4; 2001 c.751 �5; 2007 c.865 �39; 2007 c.877 �6d; 2009 c.68 �17; 2013 c.262 �3; 2013 c.701 ��1,2; 2019 c.604 �26]

�� 171.750 Lobbyist employer statements of expenditures. (1) Any person on whose behalf a lobbyist was registered, or was required to register, with the Oregon Government Ethics Commission at any time during the calendar year shall file with the commission, according to the schedule described in ORS 171.752, a statement showing for the applicable reporting period:

�� (a) The total amount of all moneys expended for lobbying activities on the person�s behalf, excluding living and travel expenses incurred 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 is made for the purposes of lobbying by the person, 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. This paragraph does not apply to information reported in compliance with ORS 171.745.

�� (c) The name of each registered lobbyist or entity comprised of more than one lobbyist to whom the person paid moneys for lobbying activities on the person�s behalf, excluding living and travel expenses incurred for a lobbyist performing lobbying services, and the total amount of moneys paid to that lobbyist or entity.

�� (2) A statement required under subsection (1) of this section shall include a copy of any notice provided to a public official or candidate under ORS 244.100. [1973 c.802 �6; 1975 c.747 �5; 1979 c.666 �3; 1987 c.566 �5; 1991 c.677 �3; 2001 c.751 �6; 2007 c.865 �40; 2007 c.877 �7; 2009 c.68 �18]

�� 171.752 Time for filing statements. Statements required to be filed with the Oregon Government Ethics Commission under ORS 171.745 and 171.750 shall be filed in each calendar year:

�� (1) Not later than April 15, for the accounting period beginning January 1 and ending March 31;

�� (2) Not later than July 15, for the accounting period beginning April 1 and ending June 30;

�� (3) Not later than October 15, for the accounting period beginning July 1 and ending September 30; and

�� (4) Not later than January 15 of the following calendar year, for the accounting period beginning October 1 and ending December 31. [2007 c.877 �5]

�� Note: 171.752 was added to and made a part of 171.725 to 171.785 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 171.755 [1965 c.488 �1; repealed by 1973 c.802 �15]

�� 171.756 Prohibited conduct. (1) A lobbyist may not instigate the introduction of any legislative action for the purpose of obtaining employment to lobby in opposition to the legislative action.

�� (2) A lobbyist 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) A person may not lobby or offer to lobby for consideration any part of which is contingent upon the success of any lobbying activity.

�� (4) A legislative or executive official may not receive consideration other than from the State of Oregon for acting as a lobbyist in Oregon. [1973 c.802 �7; 1974 c.72 �30; 1975 c.747 �6; 1987 c.566 �6; 1989 c.340 �1; 1993 c.743 �5; 2001 c.751 �7]

�� 171.757 Restriction on serving as chairperson of work group or task force. (1) A lobbyist may not serve as the chairperson of a legislative work group or legislative task force that is staffed by nonpartisan staff of the legislative department, as defined in ORS