We allowed plaintiffs' petition for review and now conclude that ORS 171.743 violates Article I, section 8, of the Oregon Constitution. Consequently, we reverse the decision of the Court of Appeals. The challenged statute was enacted in 1993 and was added to a previously existing body of statutes devoted to the regulation of legislative lobbying. In 1993, the legislature amended the registration provision at ORS 171.740 to require lobbyists to reregister every two years. At the same time, it enacted ORS 171.743, the registration fee statute that is the subject of the present challenge.
Fees are nonrefundable.
All moneys received by the commission under this section shall be paid into the General Fund in the State Treasury to the credit of the commission. Such moneys are continuously appropriated and shall be used only for the administration and enforcement of the powers and duties of the commission. Plaintiffs do not challenge the preexisting statutory requirements that they register with the state and disclose certain aspects of their lobbying activities. Their sole objection is to the additional imposition of a registration fee. In keeping with our traditional practice, we first address the claims asserted under the Oregon Constitution.