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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB2889
Introduced 1/20/2006, by Sen. Kirk W. Dillard SYNOPSIS AS INTRODUCED: |
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25 ILCS 170/9.5 new |
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25 ILCS 170/9.10 new |
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25 ILCS 170/9.15 new |
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Amends the Lobbyist Registration Act. Sets forth prohibitions and restrictions relating to the activities of a person required to register under the Act with respect to the person's clients and former clients and conflicts of interest with respect to clients.
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A BILL FOR
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SB2889 |
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LRB094 19053 JAM 54551 b |
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| AN ACT concerning lobbying.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Lobbyist Registration Act is amended by |
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| adding Sections 9.5, 9.10, and 9.15 as follows: |
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| (25 ILCS 170/9.5 new) |
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| Sec. 9.5. Conflict of interest; multiple clients. |
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| (a) A person required to register under this Act shall not |
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| represent a client if the representation of that client will be |
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| directly adverse to another client, unless: |
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| (1) the person required to register under this Act |
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| reasonably believes the representation will not adversely |
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| affect the relationship with the other client; and |
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| (2) each client consents after disclosure. |
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| (b) A person required to register under this Act shall not |
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| represent a client if the representation of that client may be |
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| materially limited by the person's responsibilities to another |
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| client or to a third person, or by the person's own interests, |
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| unless: |
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| (1) the person required to register under this Act |
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| reasonably believes the representation will not be |
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| adversely affected; and |
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| (2) the client consents after disclosure. |
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| (c) When representation of multiple clients in a single |
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| matter is undertaken, the disclosure shall include explanation |
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| of the implications of the common representation and the |
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| advantages and risks involved. |
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| (25 ILCS 170/9.10 new) |
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| Sec. 9.10. Conflict of interest; prohibited transactions. |
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| (a) Unless the client has consented after disclosure, a |
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| person required to register under this Act shall not enter into |
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SB2889 |
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LRB094 19053 JAM 54551 b |
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| a business transaction with the client if: |
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| (1) the person required to register under this Act |
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| knows or reasonably should know that he or she and the |
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| client have or may have conflicting interests therein; or |
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| (2) the client expects the person required to register |
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| under this Act to exercise the person's professional |
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| judgment therein for the protection of the client. |
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| (b) Unless all aspects of the matter giving rise to the |
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| employment have been concluded, a person required to register |
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| under this Act shall not enter into any arrangement or |
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| understanding with a client or a prospective client by which |
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| the person required to register under this Act acquires an |
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| interest in publication, media, or other literary rights with |
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| respect to the subject matter of employment or proposed |
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| employment. |
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| (c) A person required to register under this Act or a |
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| person related as his or her parent, child, sibling, or spouse |
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| shall not solicit or accept any substantial gift from a client, |
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| including a testamentary gift, except where the client is |
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| related to the donee or the person required to register under |
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| this Act has advised the client to seek independent advice |
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| concerning the gift. |
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| (d) While representing a client in connection with |
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| contemplated or pending lobbying activities, a person required |
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| to register under this Act shall not advance or guarantee |
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| financial assistance to the client, except that a person |
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| required to register under this Act may advance or guarantee |
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| the expenses of lobbying activities if: |
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| (1) the client remains ultimately liable for such |
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| expenses; or |
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| (2) the client is indigent. |
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| (e) A person required to register under this Act who |
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| represents 2 or more clients shall not participate in making an |
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| aggregate agreement for the clients, unless each client |
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| consents after disclosure, including disclosure of the |
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| existence and nature of the interests of all clients involved. |
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LRB094 19053 JAM 54551 b |
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| (f) A person required to register under this Act shall not |
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| make an agreement with a client prospectively limiting the |
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| person's liability to the client unless such an agreement is |
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| permitted by law and the client is independently represented in |
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| making the agreement. |
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| (g) A person required to register under this Act shall not |
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| settle a claim against himself or herself made by an |
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| unrepresented client or former client without first advising |
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| that client in writing that independent representation is |
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| appropriate in connection therewith. |
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| (h) A person required to register under this Act shall not |
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| enter into an agreement with a client or former client limiting |
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| or purporting to limit the right of the client or former client |
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| to file or pursue any complaint or claim against the person. |
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| (i) A person required to register under this Act shall not |
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| acquire a proprietary interest in the subject matter of |
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| lobbying activity that is being conducted for a client except |
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| by acquiring a lien granted by law to secure fees or expenses. |
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| (25 ILCS 170/9.15 new) |
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| Sec. 9.15. Conflict of interest; former client. |
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| (a) A person required to register under this Act who has |
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| formerly represented a client in a matter shall not thereafter: |
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| (1) represent another person in the same or a |
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| substantially related matter in which that person's |
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| interests are materially adverse to the interests of the |
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| former client, unless the former client consents after |
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| disclosure; or |
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| (2) use information relating to the representation to |
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| the disadvantage of the former client unless the |
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| information has become generally known.
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