Or. Admin. Code § 199-010-0075

Current through Register Vol. 63, No. 11, November 1, 2024

Section 199-010-0075 - Content of Lobbyist Quarterly Expenditure Report (ORS 171.745)

(1) A lobbyist must report the total amount of money spent during the reporting period for all lobbying activity expenditures that were made for food, refreshment and limited entertainment during the reporting period as required by ORS 171.745(1)(a).

(a) Except for entertainment provided under the conditions set forth in ORS 244.020(7)(b)(M) or (N), entertainment expenses paid for a public official are subject to a $50 limit on the aggregate value of gifts from a source who could reasonably be known to have a legislative or administrative interest as provided in ORS 244.025.

(b) The lobbyist must report the total amount reimbursed to them for food, refreshment and entertainment and must identify each client or employer and the amount of reimbursement that each provided.

(c) If a lobbyist initiates and participates in the lobbying activity and uses or arranges for payment with a credit card, debit card or any other form of payment, it is the lobbyist's responsibility to report the expense. In the following examples, the methods of payment are the equivalent of a reimbursed expense that must be reported by the lobbyist:

(A) A lobbyist arranges a lobbying activity and those arrangements include placing the charges on a credit or debit card account belonging to the lobbyist's client or employer.

(B) A lobbyist registered to represent a client or employer is also an employee or executive official of that same client or employer. The client or employer is the holder of a credit or debit card and authorizes the lobbyist to use the credit or debit card.

(C) A lobbyist places a lobbying activity expense on a personal or lobby firm business account. When the billing statement is received, it is submitted to and paid by the represented client or employer.

(d) The lobbyist must report the net expenditures made for food, refreshment and entertainment, which is the result of subtracting the total of expenditures reimbursed by the client or employer from the total of all expenditures reported.

(e) If lobbying services are provided by two or more registered lobbyists from the same business, public agency or other organization, a quarterly expenditure report may be filed that consolidates the lobbying activity expenditures of the lobbyists. The lobbying activity expenses reimbursed to each individual lobbyist must be detailed as required in (1)(b), (1)(c) and (1)(d) of this rule. To use this method of reporting lobbying expenditures, contact the Oregon Government Ethics Commission for additional information. (ORS 171.745(4))

(2) A lobbyist must report each occasion when an amount exceeding $50 was spent for a lobbying purpose that was for the benefit of a legislative or executive official. The information reported must include the date, payee, name of the official, purpose and amount (ORS 171.745(1)(b)).

(a) If a legislative or executive official was accompanied by a relative or a member of the official's household on the itemized occasion, the expenditure made for the benefit of the relative or a member of the official's household must be included in the aggregate value of the lobbying expenditure that was for the benefit of the legislative or executive official. The relative or member of the household that accompanied the official must be identified.

(b) If a relative or a member of the household of a legislative or executive official is not accompanied by the legislative or executive official on the itemized occasion, the expenditure made for the benefit of the relative or a member of the official's household is reported as a benefit to the legislative or executive official. The relative or member of the household that participated must be identified.

(c) When a legislative or executive official receives a benefit exceeding $50 and the expense is shared by two or more lobbyists, one lobbyist must be designated to itemize the occasion on the designated lobbyist's quarterly expenditure report. The lobbyist designated to itemize the occasion must also identify the other lobbyists and the amount paid by each (ORS 171.745(1)(b) and 244.025(1)).

(d) If a client or employer of the lobbyist has itemized the expenditure as required by ORS 171.750(1)(b) and OAR 199-010-0095 on the client's or employer's quarterly expenditure report, the expenditure does not have to be itemized by the lobbyist.

(e) If a business, public agency or other organization, with two or more lobbyists, chooses to file a quarterly expenditure report that consolidates the lobbying activity expenditures, the itemization of the occasion must include the identity of the individual lobbyists responsible for the itemized lobbying activity expense (ORS 171.745(4)).

(3) The lobbyist must upload to EFS any written notices that were provided to legislative or executive officials as required by ORS 244.100.

(4) The lobbyist must certify that the information contained in the report is correct by electronically signing the expenditure report in EFS.

Or. Admin. Code § 199-010-0075

EC 2(Temp), f. & ef. 2-14-75 thru 6-14-75; EC 5, f. 7-7-75, ef. 7-25-75; EC 7(Temp), f. & ef. 10-8-75; EC 9, f. & ef. 1-23-76; EC 1-1980(Temp), f. & ef. 12-24-80; EC 1-1990, f. 7-31-90, cert. ef. 7-26-90; GSPC 1-1998(Temp), f. & cert. ef. 9-1-98 thru 2-28-99; GSPC 1-1999, f. 7-29-99, cert. ef. 8-1-99; GSPC 1-2004, f. & cert. ef. 8-4-04; GEC 1-2008(Temp), f. & cert. ef. 3-7-08 thru 5-6-08; Administrative correction 5-20-08; GEC 3-2010, f. 3-12-10, cert. ef. 3-15-10; GEC 12-2021, amend filed 12/07/2021, effective 12/30/2021

Statutory/Other Authority: ORS 244.290

Statutes/Other Implemented: ORS 171.745