093_HB1333
LRB093 10528 RCE 10782 b
1 AN ACT concerning ethics.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Lobbyist Registration Act is amended by
5 changing Sections 5, 6, and 7 as follows:
6 (25 ILCS 170/5) (from Ch. 63, par. 175)
7 Sec. 5. Lobbyist registration and disclosure. Every
8 person required to register under Section 3 shall, with
9 respect to each person or entity employing or retaining the
10 person required to register, each and every year, or before
11 any such service is performed which requires the person to
12 register and on or before each January 31 and July 31
13 thereafter, file in the Office of the Secretary of State a
14 written statement, verified under oath, containing the
15 following information:
16 (a) The registrant's name, and permanent address,
17 e-mail address, if any, fax number, if any, business
18 telephone number, and temporary address, if the
19 registrant has a temporary address while lobbying of the
20 registrant.
21 (a-5) If the registrant is an organization or
22 business entity, the information required under
23 subsection (a) for each person associated with the
24 registrant who will be lobbying, regardless of whether
25 lobbying is a significant part of his or her duties.
26 (b) The name and address of the person or persons
27 employing or retaining registrant to perform such
28 services or on whose behalf the registrant appears and
29 whether the employment of the registrant is pursuant to
30 an oral or written agreement.
31 (b-5) A copy of the written agreement or a written
-2- LRB093 10528 RCE 10782 b
1 summary of the oral agreement with the person or persons
2 employing or retaining the registrant.
3 (c) A brief description of the executive,
4 legislative, or administrative action in reference to
5 which such service is to be rendered.
6 (c-5) Each executive and legislative branch agency
7 the registrant expects to lobby during the registration
8 period.
9 (c-6) The nature of the client's business, by
10 indicating all of the following categories that apply:
11 (1) banking and financial services, (2) manufacturing,
12 (3) education, (4) environment, (5) healthcare, (6)
13 insurance, (7) community interests, (8) labor, (9) public
14 relations or advertising, (10) marketing or sales, (11)
15 hospitality, (12) engineering, (13) information or
16 technology products or services, (14) social services,
17 (15) public utilities, (16) racing or wagering, (17) real
18 estate or construction, (18) telecommunications, (19)
19 trade or professional association, (20) travel or
20 tourism, (21) transportation, and (22) other (setting
21 forth the nature of that other business).
22 (d) A picture of the registrant.
23 The registrant must file an amendment to the statement
24 within 14 days to report any substantial change or addition
25 to the information previously filed.
26 Persons required to register under this Act shall remit a
27 single, semi-annual, annual and nonrefundable $25 $50
28 registration fee. All fees shall be deposited into the
29 Lobbyist Registration Administration Fund for administration
30 and enforcement of this Act.
31 (Source: P.A. 88-187.)
32 (25 ILCS 170/6) (from Ch. 63, par. 176)
33 Sec. 6. Reports.
-3- LRB093 10528 RCE 10782 b
1 (a) Except as otherwise provided in this Section, every
2 person required to register as prescribed in Section 3 shall
3 report in writing, verified under oath, to the Secretary of
4 State all expenditures for lobbying made or incurred by the
5 lobbyist on his behalf or the behalf of his employer. In the
6 case where an individual is solely employed by another person
7 to perform job related functions any part of which includes
8 lobbying, the employer shall be responsible for reporting all
9 lobbying expenditures incurred on the employer's behalf as
10 shall be identified by the lobbyist to the employer preceding
11 such report. Persons who contract with another person to
12 perform lobbying activities shall be responsible for
13 reporting all lobbying expenditures incurred on the
14 employer's behalf. Any additional lobbying expenses incurred
15 by the employer which are separate and apart from those
16 incurred by the contractual employee shall be reported by the
17 employer.
18 (b) The report shall itemize each individual expenditure
19 or transaction over $100 and shall include the name of the
20 official on whose behalf the expenditure was made, the name
21 of the client on whose behalf the expenditure was made, the
22 total amount of the expenditure, the date on which the
23 expenditure occurred and the subject matter of the lobbying
24 activity, if any.
25 Expenditures attributable to lobbying officials shall be
26 listed and reported according to the following categories:
27 (1) travel and lodging on behalf of others.
28 (2) meals, beverages and other entertainment.
29 (3) gifts.
30 (4) honoraria.
31 (5) any other thing of value not listed in items
32 (1) through (4).
33 Individual expenditures required to be reported as
34 described herein which are equal to or less than $100 in
-4- LRB093 10528 RCE 10782 b
1 value need not be itemized but are required to be categorized
2 and reported by officials in an aggregate total in a manner
3 prescribed by rule of the Secretary of State.
4 Expenditures incurred for hosting receptions, benefits
5 and other large gatherings held for purposes of goodwill or
6 otherwise to influence executive, legislative or
7 administrative action to which there are 25 or more State
8 officials invited shall be reported listing each only the
9 total amount of the expenditure, the date of the event, and
10 the estimated number of officials in attendance.
11 Each individual expenditure required to be reported shall
12 include all expenses made for or on behalf of State officials
13 and members of the immediate family of those persons.
14 The category travel and lodging includes, but is not
15 limited to, all travel and living accommodations made for or
16 on behalf of State officials in the capital during sessions
17 of the General Assembly.
18 Reasonable and bona fide expenditures made by the
19 registrant who is a member of a legislative or State study
20 commission or committee while attending and participating in
21 meetings and hearings of such commission or committee need
22 not be reported.
23 Reasonable and bona fide Expenditures made by the
24 registrant for personal sustenance, lodging, travel, office
25 expenses and clerical or support staff must need not be
26 reported.
27 Salaries, fees, and other compensation paid to the
28 registrant for the purposes of lobbying need not be reported.
29 Any contributions required to be reported under Article 9
30 of the Election Code need not be reported.
31 The report shall include: (1) the name of each State
32 government entity lobbied; (2) whether the lobbying involved
33 executive, legislative, or administrative action, or a
34 combination; (3) the names of the persons who performed the
-5- LRB093 10528 RCE 10782 b
1 lobbyist services; and (4) the specific executive,
2 legislative, or administrative action promoted or opposed.
3 Gifts and honoraria returned to the registrant within 30
4 days of the date of receipt need not be reported.
5 (c) Reports under this Section shall be filed by July
6 31, for expenditures from the previous January 1 through the
7 later of June 30 or the final day of the regular General
8 Assembly session, and by January 31, for expenditures from
9 the entire previous calendar year.
10 Registrants who made no reportable expenditures during a
11 reporting period shall file a report stating that no
12 expenditures were incurred. Such reports shall be filed in
13 accordance with the deadlines as prescribed in this
14 subsection.
15 A registrant who terminates employment or duties which
16 required him to register under this Act shall give the
17 Secretary of State, within 30 days after the date of such
18 termination, written notice of such termination and shall
19 include therewith a report of the expenditures described
20 herein, covering the period of time since the filing of his
21 last report to the date of termination of employment. Such
22 notice and report shall be final and relieve such registrant
23 of further reporting under this Act, unless and until he
24 later takes employment or assumes duties requiring him to
25 again register under this Act.
26 (d) Failure to file any such report within the time
27 designated or the reporting of incomplete information shall
28 constitute a violation of this Act.
29 A registrant shall preserve for a period of 2 years all
30 receipts and records used in preparing reports under this
31 Act.
32 (e) Within 30 days after a filing deadline, the lobbyist
33 shall notify each official on whose behalf an expenditure has
34 been reported. Notification shall include the name of the
-6- LRB093 10528 RCE 10782 b
1 registrant, the total amount of the expenditure, the date on
2 which the expenditure occurred, and the subject matter of the
3 lobbying activity.
4 (Source: P.A. 90-78, eff. 1-1-98.)
5 (25 ILCS 170/7) (from Ch. 63, par. 177)
6 Sec. 7. Duties of the Secretary of State.
7 It shall be the duty of the Secretary of State to provide
8 appropriate forms for the registration and reporting of
9 information required by this Act and to keep such
10 registrations and reports on file in his office for 3 years
11 from the date of filing. He shall also provide and maintain a
12 register with appropriate blanks and indexes so that the
13 information required in Sections 5 and 6 of this Act may be
14 accordingly entered. Such records shall be considered public
15 information and open to public inspection.
16 A report filed under this Act is due in the Office of the
17 Secretary of State no later than the close of business on the
18 date on which it is required to be filed.
19 Within 10 days after a filing deadline, the Secretary of
20 State shall notify persons he determines are required to file
21 but have failed to do so.
22 Within 6 months after the effective date of this
23 amendatory Act of the 93rd General Assembly, the Secretary of
24 State must allow all reports required under this Act to be
25 filed electronically.
26 (Source: P.A. 88-187.)