HB4811 101ST GENERAL ASSEMBLY

LRB101 19793 RJF 69304 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4811

Introduced 2/18/2020, by Rep. Blaine Wilhour

SYNOPSIS AS INTRODUCED:

5 ILCS 420/2-101	from Ch. 127, par. 602-101
25 ILCS 170/2	from Ch. 63, par. 172

Amends the Lobbyist Registration Act. Provides that the term "official" as used under the Act includes specified officials of a unit of local government. Modifies the terms "lobby" and "lobbying" to include communications with units of local government for the ultimate purpose of influencing any executive, legislative, or administrative action, and further specifies such actions. Modifies the term "lobbyist" to mean a natural person who, on behalf of any person other than himself or herself, or as any part of his or her duties as an employee of another, undertakes to influence or lobby for any executive, legislative, or administrative action for State government or a unit of local government. Amends the Illinois Governmental Ethics Act to provide that no legislator may engage in lobbying as that term is defined under the Lobbyist Registration Act (currently, as defined under the Illinois Governmental Ethics Act) for compensation.

A BILL FOR

AN ACT concerning government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Governmental Ethics Act is amended by changing Section 2-101 as follows:

(5 ILCS 420/2-101) (from Ch. 127, par. 602-101)

Sec. 2-101. No legislator may engage in lobbying, as that term is defined in Section 2 of the Lobbyist Registration Act Section 1-109, if he accepts compensation specifically attributable to such lobbying, other than that provided by law for members of the General Assembly. Nothing in this Section prohibits a legislator from lobbying without compensation.

A violation of this Section shall constitute a Class A misdemeanor.

(Source: P.A. 77-2830.)

Section 10. The Lobbyist Registration Act is amended by changing Section 2 as follows:

(25 ILCS 170/2) (from Ch. 63, par. 172)

Sec. 2. Definitions. As used in this Act, unless the context otherwise requires:

(a) "Person" means any individual, firm, partnership, committee, association, corporation, or any other organization or group of persons.

(b) "Expenditure" means a payment, distribution, loan, advance, deposit, or gift of money or anything of value, and includes a contract, promise, or agreement, whether or not legally enforceable, to make an expenditure, for the ultimate purpose of influencing executive, legislative, or administrative action, other than compensation as defined in subsection (d).

(c) "Official" means:

(1) the Governor, Lieutenant Governor, Secretary of State, Attorney General, State Treasurer, and State Comptroller;

(2) Chiefs of Staff for officials described in item (1);

(3) Cabinet members of any elected constitutional officer, including Directors, Assistant Directors and Chief Legal Counsel or General Counsel;

(4) Members of the General Assembly; and

(5) Members of any board, commission, authority, or task force of the State authorized or created by State law or by executive order of the Governor; and .

(6) Officials of a unit of local government, including mayors, presidents, trustees, board members, village managers, chief legal counsel, or general counsel, or other officials with substantial discretion to take or recommend official action or who have voting powers.

(d) "Compensation" means any money, thing of value or financial benefits received or to be received in return for services rendered or to be rendered, for lobbying as defined in subsection (e).

Monies paid to members of the General Assembly by the State as remuneration for performance of their Constitutional and statutory duties as members of the General Assembly shall not constitute compensation as defined by this Act.

(e) "Lobby" and "lobbying" means any communication with an official of the executive or legislative branch of State government or a unit of local government as defined in subsection (c) for the ultimate purpose of influencing any executive, legislative, or administrative action, including, but not limited to, such actions as: (i) zoning matters; (ii) the introduction, passage, or other action to be taken on legislation, ordinance, resolution, motion, order, appointment, or other matter before an elected governing body; (iii) preparation of contract specifications; (iv) solicitation, award, or administration of a contract; (v) the award of a grant, loan, or other financial agreement involving public funds; (vi) procurement; (vii) bond inducement; and (viii) the granting of concessions. A person is not deemed to have undertaken to influence under this Section solely by submitting an application for a government permit or license or by responding to a government request for proposals or qualifications.

(f) "Influencing" means any communication, action, reportable expenditure as prescribed in Section 6 or other means used to promote, support, affect, modify, oppose or delay any executive, legislative or administrative action or to promote goodwill with officials as defined in subsection (c).

(g) "Executive action" means the proposal, drafting, development, consideration, amendment, adoption, approval, promulgation, issuance, modification, rejection or postponement by a State entity of a rule, regulation, order, decision, determination, contractual arrangement, purchasing agreement or other quasi-legislative or quasi-judicial action or proceeding.

(h) "Legislative action" means the development, drafting, introduction, consideration, modification, adoption, rejection, review, enactment, or passage or defeat of any bill, amendment, resolution, report, nomination, administrative rule or other matter by either house of the General Assembly or a committee thereof, or by a legislator. Legislative action also means the action of the Governor in approving or vetoing any bill or portion thereof, and the action of the Governor or any agency in the development of a proposal for introduction in the legislature.

(i) "Administrative action" means the execution or rejection of any rule, regulation, legislative rule, standard, fee, rate, contractual arrangement, purchasing agreement or other delegated legislative or quasi-legislative action to be taken or withheld by any executive agency, department, board or commission of the State.

(j) "Lobbyist" means any natural person who, on behalf of any person other than himself or herself, or as any part of his or her duties as an employee of another, undertakes to influence or lobby for any executive, legislative, or administrative action for State government or a unit of local government. "Lobbyist" shall include, but not be limited to, any attorney, accountant, or consultant engaged in the activities described in this subsection (j); provided, however, that an attorney shall not be considered a lobbyist while representing clients in a formal adversarial hearing undertakes to lobby State government as provided in subsection (e).

(k) "Lobbying entity" means any entity that hires, retains, employs, or compensates a natural person to lobby State government as provided in subsection (e).

(l) "Authorized agent" means the person designated by an entity or lobbyist registered under this Act as the person responsible for submission and retention of reports required under this Act.

(m) "Client" means any person or entity that provides compensation to a lobbyist to lobby State government as provided in subsection (e) of this Section.

(n) "Client registrant" means a client who is required to register under this Act.

(o) "Unit of local government" has the meaning ascribed to it in Section 1 of Article VII of the Illinois Constitution and also includes school districts and community college districts.

(Source: P.A. 101-595, eff. 12-5-19.)