Or. Admin. R. 199-010-0095

Current through Register Vol. 63, No. 9, September 1, 2024

Section 199-010-0095 - Content of Client/Employer Quarterly Expenditure Report (ORS 171.750)

(1) A client/employer of a lobbyist must report the total amount spent during the reporting period on lobbying related activities (ORS 171.750(1)(a)).

(a) Include overhead costs related to lobbying activity. Expenses related to travel for the purpose of lobbying are excluded from the reporting requirement (ORS 171.750(1)(c)).

(b) Report each registered lobbyist who is compensated to provide lobbying services and include the amount paid in compensation and the amount paid in reimbursement to the lobbyist for food, refreshment and entertainment (ORS 171.750(1)(c)).

(c) If the lobbyist representing the client/employer has initiated and participated in a lobbying activity and has used or arranged for payment with the client's/employer's credit card, debit card or any other form of payment, it is the lobbyist's responsibility to report the expense as a reimbursement from the client/employer and the client/employer must report the expense as a reimbursement to the lobbyist. In the following examples, the methods of payment are the equivalent of a reimbursed expense to the lobbyist and must be reported as such by the client/employer:

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

(B) A lobbyist registered to represent a client/employer is also an employee or executive official of that same client/employer. The client/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/employer.

(d) If lobbying services are provided to a client/employer by two or more registered lobbyists from the same business, public agency or other organization, report the amounts paid for compensation and for reimbursed expenses to the business, public agency or organization (ORS 171.750(1)(c)). In reporting reimbursed expenses, use the same criteria to identify a reimbursed expense as described in (1)(b) and (1)(c) of this rule.

(2) A client/employer 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 171.750(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 client/employers, one client/employer must be designated to itemize the occasion in the designated client/employer's quarterly expenditure report. The client/employer designated to itemize the occasion must also identify the other contributing client/employers and the amount paid by each (ORS 171.750(1)(b) and 244.025(1)).

(d) If the lobbyist representing the client/employer has itemized the expenditure as required by ORS 171.745(1)(b) and OAR 199-010-0075 in the lobbyist's quarterly expenditure report, it does not need to be itemized by the client/employer.

(e) If the client/employer has reimbursed the lobbyist for an occasion that is itemized in the client/employer's quarterly expenditure report, the lobbyist who received the reimbursement must be identified.

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

(4) A representative of the client/employer must certify that the information contained in the report is correct by electronically signing the expenditure report in EFS.

Or. Admin. R. 199-010-0095

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 1-1989(Temp), f. & cert. ef. 1-18-89; 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 1-2002, f. & cert. ef. 10-18-02; 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 171.750