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1 | AN ACT concerning ethics.
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2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||||||||||||||||||||||||||||
4 | Section 5. The State Officials and Employees Ethics Act is | |||||||||||||||||||||||||||||||||||||||||||||
5 | amended by adding Section 5-47 and by changing Section 50-5 as | |||||||||||||||||||||||||||||||||||||||||||||
6 | follows: | |||||||||||||||||||||||||||||||||||||||||||||
7 | (5 ILCS 430/5-47 new)
| |||||||||||||||||||||||||||||||||||||||||||||
8 | Sec. 5-47. Lobbying; revolving door. | |||||||||||||||||||||||||||||||||||||||||||||
9 | (a) No executive branch State employee may accept | |||||||||||||||||||||||||||||||||||||||||||||
10 | compensation or other employment as a lobbyist representing | |||||||||||||||||||||||||||||||||||||||||||||
11 | clients before any State agency for which the employee worked | |||||||||||||||||||||||||||||||||||||||||||||
12 | for one year from the date the employee left that agency.
| |||||||||||||||||||||||||||||||||||||||||||||
13 | (b) No employee or member of the legislative branch who | |||||||||||||||||||||||||||||||||||||||||||||
14 | leaves that position between August 1 and the next November 30 | |||||||||||||||||||||||||||||||||||||||||||||
15 | may accept compensation or other employment lobbying the | |||||||||||||||||||||||||||||||||||||||||||||
16 | legislature until after the adjournment of the next Spring | |||||||||||||||||||||||||||||||||||||||||||||
17 | legislative session, and no employee or member of the | |||||||||||||||||||||||||||||||||||||||||||||
18 | legislative branch who leaves that position between December 1 | |||||||||||||||||||||||||||||||||||||||||||||
19 | and the next July 31 may accept compensation or other | |||||||||||||||||||||||||||||||||||||||||||||
20 | employment lobbying the legislature until after the conclusion | |||||||||||||||||||||||||||||||||||||||||||||
21 | of the next veto session.
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22 | (5 ILCS 430/50-5)
|
| |||||||
| |||||||
1 | Sec. 50-5. Penalties.
| ||||||
2 | (a) A person is guilty of a Class A misdemeanor if that | ||||||
3 | person intentionally
violates any provision of Section 5-15, | ||||||
4 | 5-30, 5-40, or 5-45 , or 5-47 or Article 15.
| ||||||
5 | (b) A person who intentionally violates any provision
of | ||||||
6 | Section 5-20, 5-35, 5-50, or 5-55 is guilty of a business | ||||||
7 | offense
subject to a fine of at least $1,001 and up to $5,000.
| ||||||
8 | (c) A person who intentionally violates any provision of | ||||||
9 | Article 10 is
guilty of a business
offense and subject to a | ||||||
10 | fine of at least $1,001 and up to $5,000.
| ||||||
11 | (d) Any person who intentionally makes a
false report | ||||||
12 | alleging a violation of any provision of this Act to an ethics
| ||||||
13 | commission,
an inspector general,
the State Police, a State's | ||||||
14 | Attorney, the Attorney General, or any other law
enforcement | ||||||
15 | official is guilty of a Class A misdemeanor.
| ||||||
16 | (e) An ethics commission may levy an administrative fine of | ||||||
17 | up to $5,000
against any person
who violates this Act, who | ||||||
18 | intentionally obstructs or interferes with an
investigation
| ||||||
19 | conducted under this Act by an inspector general, or who
| ||||||
20 | intentionally makes a false, frivolous, or bad faith | ||||||
21 | allegation.
| ||||||
22 | (f) In addition to any other penalty that may apply, | ||||||
23 | whether criminal or
civil, a State employee who intentionally | ||||||
24 | violates
any provision of Section 5-15, 5-20, 5-30, 5-35, 5-40, | ||||||
25 | or 5-50, Article 10,
Article 15, or Section 20-90 or 25-90 is | ||||||
26 | subject to discipline or discharge by
the
appropriate ultimate
|
| |||||||
| |||||||
1 | jurisdictional authority.
| ||||||
2 | (Source: P.A. 93-615, eff. 11-19-03; 93-617, eff. 12-9-03.)
| ||||||
3 | Section 10. The Secretary of State Act is amended by | ||||||
4 | changing Section 14 as follows:
| ||||||
5 | (15 ILCS 305/14)
| ||||||
6 | Sec. 14. Inspector General.
| ||||||
7 | (a) The Secretary of State must, with the advice and | ||||||
8 | consent of the Senate,
appoint an Inspector General for the | ||||||
9 | purpose of detection, deterrence, and
prevention of fraud,
| ||||||
10 | corruption, mismanagement, gross or aggravated misconduct, or | ||||||
11 | misconduct
that may be criminal in nature in the Office of the | ||||||
12 | Secretary of State. The
Inspector General shall serve a 5-year | ||||||
13 | term.
If no successor is appointed and qualified upon the
| ||||||
14 | expiration of the Inspector General's term, the Office of | ||||||
15 | Inspector General is
deemed vacant and the powers and duties | ||||||
16 | under this Section may be exercised
only by an appointed and | ||||||
17 | qualified interim Inspector General until a successor
| ||||||
18 | Inspector General is appointed and qualified.
If the General | ||||||
19 | Assembly is not in session when a vacancy in the Office of
| ||||||
20 | Inspector General occurs, the Secretary of State may appoint an | ||||||
21 | interim
Inspector General whose term shall expire 2 weeks after | ||||||
22 | the next
regularly scheduled session day of the Senate.
| ||||||
23 | (b) The Inspector General shall have the following | ||||||
24 | qualifications:
|
| |||||||
| |||||||
1 | (1) has not been convicted of any felony under the laws | ||||||
2 | of this State,
another State, or the United States;
| ||||||
3 | (2) has earned a baccalaureate degree from an | ||||||
4 | institution of higher
education; and
| ||||||
5 | (3) has either (A) 5 or more years of service with a | ||||||
6 | federal, State, or
local law enforcement agency, at least 2 | ||||||
7 | years of which have been in a
progressive investigatory | ||||||
8 | capacity; (B) 5 or more years of service as a
federal, | ||||||
9 | State, or local prosecutor; or (C) 5 or more years of | ||||||
10 | service as a
senior manager or executive of a federal, | ||||||
11 | State, or local
agency.
| ||||||
12 | (c) The Inspector General may review, coordinate, and | ||||||
13 | recommend methods and
procedures to increase the integrity of | ||||||
14 | the Office of the Secretary of State.
The duties of the | ||||||
15 | Inspector General shall
supplement and not supplant the duties | ||||||
16 | of the Chief Auditor for the Secretary
of State's Office or any | ||||||
17 | other Inspector General that may be authorized by law.
The | ||||||
18 | Inspector General must report directly to the Secretary
of | ||||||
19 | State.
| ||||||
20 | (d) In addition to the authority otherwise provided by this | ||||||
21 | Section, but
only when investigating the Office of the | ||||||
22 | Secretary of State, its employees, or
their actions for
fraud, | ||||||
23 | corruption, mismanagement, gross or aggravated misconduct, or
| ||||||
24 | misconduct that may be criminal in nature, the Inspector | ||||||
25 | General is
authorized:
| ||||||
26 | (1) To have access to all records, reports, audits, |
| |||||||
| |||||||
1 | reviews, documents,
papers, recommendations, or other | ||||||
2 | materials available that relate to programs
and operations | ||||||
3 | with respect to which the Inspector General has | ||||||
4 | responsibilities
under this Section.
| ||||||
5 | (2) To make any investigations and reports relating to | ||||||
6 | the administration
of the programs and operations of the | ||||||
7 | Office of the Secretary of State that
are, in the judgment
| ||||||
8 | judgement of the Inspector General, necessary or | ||||||
9 | desirable.
| ||||||
10 | (3) To request any information or assistance that may | ||||||
11 | be necessary for
carrying out the duties and | ||||||
12 | responsibilities provided by this Section from any
local, | ||||||
13 | State, or federal governmental agency or unit thereof.
| ||||||
14 | (4) To require by subpoena the
appearance of witnesses | ||||||
15 | and the production of all information, documents,
reports, | ||||||
16 | answers, records, accounts, papers, and other data and | ||||||
17 | documentary
evidence necessary in the performance of the | ||||||
18 | functions assigned by this
Section, with the exception of | ||||||
19 | subsection (c) and with the exception of records
of a labor
| ||||||
20 | organization authorized and recognized under the Illinois | ||||||
21 | Public Labor
Relations
Act to be the exclusive bargaining | ||||||
22 | representative of employees of the Secretary
of State, | ||||||
23 | including, but not limited to, records of representation of | ||||||
24 | employees
and
the negotiation of collective bargaining | ||||||
25 | agreements. A subpoena may be issued
under
this paragraph | ||||||
26 | (4) only by the
Inspector General and not by members of the |
| |||||||
| |||||||
1 | Inspector General's staff.
A person duly
subpoenaed for | ||||||
2 | testimony, documents, or other items who neglects or | ||||||
3 | refuses to
testify or produce documents or other items | ||||||
4 | under the requirements of the
subpoena shall be subject to | ||||||
5 | punishment as
may be determined by a court of competent | ||||||
6 | jurisdiction, unless (i) the
testimony, documents, or | ||||||
7 | other items are covered by the attorney-client
privilege or
| ||||||
8 | any other privilege or right recognized by law or (ii) the | ||||||
9 | testimony,
documents, or other items concern the | ||||||
10 | representation of employees and the
negotiation of | ||||||
11 | collective bargaining agreements by a labor
organization | ||||||
12 | authorized and recognized under the Illinois Public
Labor | ||||||
13 | Relations Act to be the exclusive bargaining | ||||||
14 | representative of
employees of the Secretary of State. | ||||||
15 | Nothing in this Section limits a
person's right to | ||||||
16 | protection against self-incrimination under the Fifth
| ||||||
17 | Amendment of the United States Constitution or Article I, | ||||||
18 | Section 10,
of the Constitution of the State of Illinois.
| ||||||
19 | (5) To have direct and prompt access to the Secretary | ||||||
20 | of State for any
purpose pertaining to the performance of | ||||||
21 | functions and responsibilities under
this Section.
| ||||||
22 | (d-5) In addition to the authority otherwise provided by | ||||||
23 | this Section, the Secretary of State Inspector General shall | ||||||
24 | investigate complaints and allegations of wrongdoing related | ||||||
25 | to the Lobbyist Registration Act. When investigating those | ||||||
26 | complaints and allegations, the Inspector General is |
| |||||||
| |||||||
1 | authorized: | ||||||
2 | (1) To have access to all records, reports, audits, | ||||||
3 | reviews, documents, papers, recommendations, or other | ||||||
4 | materials available that relate to programs and operations | ||||||
5 | with respect to which the Inspector General has | ||||||
6 | responsibilities under this Section. | ||||||
7 | (2) To request any information or assistance that may | ||||||
8 | be necessary for carrying out the duties and | ||||||
9 | responsibilities provided by this Section from any local, | ||||||
10 | State, or federal governmental agency or unit thereof. | ||||||
11 | (3) To require by subpoena the appearance of witnesses | ||||||
12 | and the production of all information, documents, reports, | ||||||
13 | answers, records, accounts, papers, and other data and | ||||||
14 | documentary evidence necessary in the performance of the | ||||||
15 | functions assigned by this Section. A subpoena may be | ||||||
16 | issued under this paragraph (3) only by the Inspector | ||||||
17 | General and not by members of the Inspector General's | ||||||
18 | staff. A person duly subpoenaed for testimony, documents, | ||||||
19 | or other items who neglects or refuses to testify or | ||||||
20 | produce documents or other items under the requirements of | ||||||
21 | the subpoena shall be subject to punishment as may be | ||||||
22 | determined by a court of competent jurisdiction, unless the | ||||||
23 | testimony, documents, or other items are covered by the | ||||||
24 | attorney-client privilege or any other privilege or right | ||||||
25 | recognized by law. Nothing in this Section limits a | ||||||
26 | person's right to protection against self-incrimination |
| |||||||
| |||||||
1 | under the Fifth Amendment of the United States Constitution | ||||||
2 | or Section 10 of Article I of the Constitution of the State | ||||||
3 | of Illinois. | ||||||
4 | (4) To have direct and prompt access to the Secretary | ||||||
5 | of State for any purpose pertaining to the performance of | ||||||
6 | functions and responsibilities under this Section.
| ||||||
7 | (e) The Inspector General may receive and investigate | ||||||
8 | complaints or
information from an employee of the Secretary of | ||||||
9 | State concerning the possible
existence of an activity | ||||||
10 | constituting a violation of law, rules, or
regulations; | ||||||
11 | mismanagement; abuse of authority; or substantial and specific
| ||||||
12 | danger to the public health and safety. Any person
employee who | ||||||
13 | knowingly files a
false
complaint or files a complaint with | ||||||
14 | reckless disregard for the truth or the
falsity
of the facts | ||||||
15 | underlying the complaint may be subject to discipline as set | ||||||
16 | forth
in the rules of the Department of Personnel of the | ||||||
17 | Secretary of State.
| ||||||
18 | The Inspector General may not, after receipt of a complaint | ||||||
19 | or information
from an employee , disclose the
identity of the | ||||||
20 | source
employee without the consent of the source
employee , | ||||||
21 | unless the
Inspector General determines that
disclosure of the | ||||||
22 | identity is reasonable and necessary for the furtherance of
the
| ||||||
23 | investigation.
| ||||||
24 | Any employee who has the authority to recommend or
approve | ||||||
25 | any personnel action or to direct others to recommend or | ||||||
26 | approve any
personnel action may not, with respect to that |
| |||||||
| |||||||
1 | authority, take or threaten to
take any action against any | ||||||
2 | employee as a reprisal for making a
complaint or disclosing | ||||||
3 | information to the Inspector General, unless the
complaint was | ||||||
4 | made or the information disclosed with the knowledge that it | ||||||
5 | was
false or with willful disregard for its truth or falsity.
| ||||||
6 | (f) The Inspector General must adopt rules, in accordance | ||||||
7 | with the
provisions of the Illinois Administrative Procedure | ||||||
8 | Act, establishing minimum
requirements for initiating, | ||||||
9 | conducting, and completing investigations. The
rules must | ||||||
10 | establish criteria for determining, based upon the nature of | ||||||
11 | the
allegation, the appropriate method of investigation, which | ||||||
12 | may include, but is
not limited to, site visits, telephone | ||||||
13 | contacts, personal interviews, or
requests for written | ||||||
14 | responses. The rules must also clarify how the Office of
the | ||||||
15 | Inspector General shall interact with other local, State, and | ||||||
16 | federal law
enforcement investigations.
| ||||||
17 | Any employee of the Secretary of State subject to | ||||||
18 | investigation or inquiry
by the Inspector General or any agent | ||||||
19 | or representative of the Inspector
General concerning | ||||||
20 | misconduct that is criminal in nature shall have the right
to | ||||||
21 | be notified of the right to remain silent
during the | ||||||
22 | investigation or inquiry and the right to be represented in the
| ||||||
23 | investigation or inquiry by an attorney or a representative of | ||||||
24 | a labor
organization that is
the exclusive collective | ||||||
25 | bargaining representative of employees of the
Secretary of | ||||||
26 | State.
Any investigation or inquiry by the Inspector General or |
| |||||||
| |||||||
1 | any agent or
representative of the Inspector General must be | ||||||
2 | conducted with an awareness of
the provisions of a collective | ||||||
3 | bargaining agreement that applies to the
employees
of the | ||||||
4 | Secretary of State and with an awareness of the rights of the | ||||||
5 | employees
as set forth in State and federal law and applicable | ||||||
6 | judicial decisions. Any
recommendations for discipline or any | ||||||
7 | action taken
against any employee by the
Inspector General or | ||||||
8 | any representative or agent of the Inspector General must
| ||||||
9 | comply with the provisions of the collective bargaining | ||||||
10 | agreement that applies
to the employee.
| ||||||
11 | (g) On or before January 1 of each year, the Inspector | ||||||
12 | General shall report
to the President of the Senate, the | ||||||
13 | Minority Leader of the Senate, the Speaker
of the House of | ||||||
14 | Representatives, and the Minority Leader of the House of
| ||||||
15 | Representatives on the types of investigations and the | ||||||
16 | activities undertaken by
the Office of the Inspector General | ||||||
17 | during the previous calendar year.
| ||||||
18 | (Source: P.A. 93-559, eff. 8-20-03.)
| ||||||
19 | Section 15. The General Assembly Staff Assistants Act is | ||||||
20 | amended by adding Section 3 as follows: | ||||||
21 | (25 ILCS 160/3 new) | ||||||
22 | Sec. 3. During the period the General Assembly is in | ||||||
23 | session, each legislative committee shall designate a staff | ||||||
24 | person to ensure that any witness slips proffered for committee |
| |||||||
| |||||||
1 | testimony are entered into an electronic database and posted | ||||||
2 | with bill information on the General Assembly website. | ||||||
3 | Section 20. The Lobbyist Registration Act is amended by | ||||||
4 | changing Sections 2, 3, 3.1, 5, 6, 6.5, 7, 10, and 11 as | ||||||
5 | follows:
| ||||||
6 | (25 ILCS 170/2) (from Ch. 63, par. 172)
| ||||||
7 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
8 | context otherwise
requires:
| ||||||
9 | (a) "Person" means any individual, firm, partnership, | ||||||
10 | committee,
association, corporation, or any other organization | ||||||
11 | or group of persons.
| ||||||
12 | (b) "Expenditure" means a payment, distribution, loan, | ||||||
13 | advance, deposit,
or gift of money or anything of value, and | ||||||
14 | includes a contract, promise, or
agreement, whether or not | ||||||
15 | legally enforceable, to make an expenditure, for
the ultimate | ||||||
16 | purpose of influencing executive, legislative, or | ||||||
17 | administrative
action, other than compensation as defined in | ||||||
18 | subsection (d).
| ||||||
19 | (c) "Official" means any officer, member, or employee as | ||||||
20 | those terms are defined in the State Officials and Employees | ||||||
21 | Ethics Act. :
| ||||||
22 | (1) the Governor, Lieutenant Governor, Secretary of | ||||||
23 | State, Attorney
General, State Treasurer, and State | ||||||
24 | Comptroller;
|
| |||||||
| |||||||
1 | (2) Chiefs of Staff for officials described in item | ||||||
2 | (1);
| ||||||
3 | (3) Cabinet members of any elected constitutional | ||||||
4 | officer, including
Directors, Assistant Directors and | ||||||
5 | Chief Legal Counsel or General Counsel;
| ||||||
6 | (4) Members of the General Assembly.
| ||||||
7 | (d) "Compensation" means any money, thing of value or | ||||||
8 | financial benefits
received or to be received in return for | ||||||
9 | services rendered or to be
rendered, for lobbying as defined in | ||||||
10 | subsection (e).
| ||||||
11 | Monies paid to members of the General Assembly by the State | ||||||
12 | as
remuneration for performance of their Constitutional and | ||||||
13 | statutory duties
as members of the General Assembly shall not | ||||||
14 | constitute compensation as
defined by this Act.
| ||||||
15 | (e) "Lobby" and "lobbying"
"Lobbying" means any | ||||||
16 | communication with an official of the
executive or legislative | ||||||
17 | branch of State government as defined in subsection
(c) for the | ||||||
18 | ultimate purpose of influencing any executive, legislative, or
| ||||||
19 | administrative action.
| ||||||
20 | (f) "Influencing" means any communication, action, | ||||||
21 | reportable
expenditure as prescribed in Section 6 or other | ||||||
22 | means used to promote,
support, affect, modify, oppose or delay | ||||||
23 | any executive, legislative or
administrative action or to | ||||||
24 | promote goodwill with officials as defined in
subsection (c).
| ||||||
25 | (g) "Executive action" means the proposal, drafting, | ||||||
26 | development,
consideration, amendment, adoption, approval, |
| |||||||
| |||||||
1 | promulgation, issuance,
modification, rejection or | ||||||
2 | postponement by a State entity of a rule,
regulation, order, | ||||||
3 | decision, determination, contractual arrangement, purchasing
| ||||||
4 | agreement or other quasi-legislative or quasi-judicial action | ||||||
5 | or proceeding.
| ||||||
6 | (h) "Legislative action" means the development, drafting, | ||||||
7 | introduction,
consideration, modification, adoption, | ||||||
8 | rejection, review, enactment, or passage
or defeat of any bill, | ||||||
9 | amendment, resolution, report, nomination,
administrative rule | ||||||
10 | or other matter by either house of the General Assembly or
a | ||||||
11 | committee thereof, or by a legislator. Legislative action also | ||||||
12 | means the
action of the Governor in approving or vetoing any | ||||||
13 | bill or portion thereof, and
the action of the Governor or any | ||||||
14 | agency in the development of a proposal for
introduction in the | ||||||
15 | legislature.
| ||||||
16 | (i) "Administrative action" means the execution or | ||||||
17 | rejection of any rule,
regulation, legislative rule, standard, | ||||||
18 | fee, rate, contractual arrangement,
purchasing agreement or | ||||||
19 | other delegated legislative or quasi-legislative action
to be | ||||||
20 | taken or withheld by any executive agency, department, board or
| ||||||
21 | commission of the State.
| ||||||
22 | (j) "Lobbyist" means any natural person who undertakes to | ||||||
23 | lobby State government
as provided in subsection (e).
| ||||||
24 | (k) "Lobbying entity" means any entity that hires, retains, | ||||||
25 | employs, or compensates a natural person to lobby State | ||||||
26 | government as provided in subsection (e).
|
| |||||||
| |||||||
1 | (Source: P.A. 88-187.)
| ||||||
2 | (25 ILCS 170/3) (from Ch. 63, par. 173)
| ||||||
3 | Sec. 3. Persons required to register.
| ||||||
4 | (a) Except as provided in Section
Sections 4 and 9, any | ||||||
5 | natural
the following persons shall
register with the Secretary | ||||||
6 | of State as provided herein: (1) Any person who, for | ||||||
7 | compensation or otherwise,
undertakes to lobby, or any
either | ||||||
8 | individually or as an employee or contractual employee of | ||||||
9 | another
person, undertakes to influence executive, legislative | ||||||
10 | or administrative
action. (2) Any person or entity who employs | ||||||
11 | another person for the purposes
of lobbying, shall register | ||||||
12 | with the Secretary of State as provided in this Act, unless | ||||||
13 | that person or entity qualifies for one or more of the | ||||||
14 | following exemptions
influencing executive, legislative or | ||||||
15 | administrative action .
| ||||||
16 | (1) Persons or entities who, for the purpose of | ||||||
17 | influencing executive, legislative, or administrative | ||||||
18 | action and who do not make expenditures that are reportable | ||||||
19 | pursuant to Section 6, appear without compensation or | ||||||
20 | promise thereof only as witnesses before committees of the | ||||||
21 | House and Senate for the purpose of explaining or arguing | ||||||
22 | for or against the passage of or action upon any | ||||||
23 | legislation then pending before those committees, or who | ||||||
24 | seek without compensation or promise thereof the approval | ||||||
25 | or veto of any legislation by the Governor. |
| |||||||
| |||||||
1 | (2) Persons or entities who own, publish, or are | ||||||
2 | employed by a newspaper or other regularly published | ||||||
3 | periodical, or who own or are employed by a radio station, | ||||||
4 | television station, or other bona fide news medium that in | ||||||
5 | the ordinary course of business disseminates news, | ||||||
6 | editorial or other comment, or paid advertisements that | ||||||
7 | directly urge the passage or defeat of legislation. This | ||||||
8 | exemption is not applicable to such an individual insofar | ||||||
9 | as he or she receives additional compensation or expenses | ||||||
10 | from some source other than the bona fide news medium for | ||||||
11 | the purpose of influencing executive, legislative, or | ||||||
12 | administrative action. This exemption does not apply to | ||||||
13 | newspapers and periodicals owned by or published by trade | ||||||
14 | associations and profit corporations engaged primarily in | ||||||
15 | endeavors other than dissemination of news. | ||||||
16 | (3) Persons or entities performing professional | ||||||
17 | services in drafting bills or in advising and rendering | ||||||
18 | opinions to clients as to the construction and effect of | ||||||
19 | proposed or pending legislation when those professional | ||||||
20 | services are not otherwise, directly or indirectly, | ||||||
21 | connected with executive, legislative, or administrative | ||||||
22 | action. | ||||||
23 | (4) Persons or entities who are employees of | ||||||
24 | departments, divisions, or agencies of State government | ||||||
25 | and who appear before committees of the House and Senate | ||||||
26 | for the purpose of explaining how the passage of or action |
| |||||||
| |||||||
1 | upon any legislation then pending before those committees | ||||||
2 | will affect those departments, divisions, or agencies of | ||||||
3 | State government. | ||||||
4 | (5) Employees of the General Assembly, legislators, | ||||||
5 | legislative agencies, and legislative commissions who, in | ||||||
6 | the course of their official duties only, engage in | ||||||
7 | activities that otherwise qualify as lobbying. | ||||||
8 | (6) Persons or entities in possession of technical | ||||||
9 | skills and knowledge relevant to certain areas of | ||||||
10 | executive, legislative, or administrative actions, whose | ||||||
11 | skills and knowledge would be helpful to officials when | ||||||
12 | considering those actions, whose activities are limited to | ||||||
13 | making occasional appearances for or communicating on | ||||||
14 | behalf of a registrant, and who do not make expenditures | ||||||
15 | that are reportable pursuant to Section 6 even though | ||||||
16 | receiving expense reimbursement for those occasional | ||||||
17 | appearances. | ||||||
18 | (7) Any full-time employee of a bona fide church or | ||||||
19 | religious organization who represents that organization | ||||||
20 | solely for the purpose of protecting the right of the | ||||||
21 | members thereof to practice the religious doctrines of that | ||||||
22 | church or religious organization, or any such bona fide | ||||||
23 | church or religious organization. | ||||||
24 | (8) Persons who receive no compensation other than | ||||||
25 | reimbursement for expenses of up to $500 per year while | ||||||
26 | engaged in lobbying State government, unless those persons |
| |||||||
| |||||||
1 | make expenditures that are reportable under Section 6. | ||||||
2 | (9) Any attorney or group or firm of attorneys in the | ||||||
3 | course of representing a client in any administrative or | ||||||
4 | judicial proceeding, or any witness providing testimony in | ||||||
5 | any administrative or judicial proceeding, in which ex | ||||||
6 | parte communications are not allowed and who does not make | ||||||
7 | expenditures that are reportable pursuant to Section 6. | ||||||
8 | (10) Persons or entities who, in the scope of their | ||||||
9 | employment as a vendor, offer or solicit an official for | ||||||
10 | the purchase of any goods or services when (1) the | ||||||
11 | solicitation is limited to either an oral inquiry or | ||||||
12 | written advertisements and informative literature; or (2) | ||||||
13 | the goods and services are subject to competitive bidding | ||||||
14 | requirements of the Illinois Procurement Code; or (3) the | ||||||
15 | goods and services are for sale at a cost not to exceed | ||||||
16 | $5,000; and (4) the persons or entities do not make | ||||||
17 | expenditures that are reportable under Section 6.
| ||||||
18 | (b) It is a violation of this Act to engage in lobbying or | ||||||
19 | to employ any
person for the purpose of lobbying who is not | ||||||
20 | registered with the Office of the
Secretary of State, except | ||||||
21 | upon condition that the person register and the
person does in | ||||||
22 | fact register within 2 business days after being employed or | ||||||
23 | retained for lobbying services.
| ||||||
24 | (Source: P.A. 93-615, eff. 11-19-03.)
| ||||||
25 | (25 ILCS 170/3.1)
|
| |||||||
| |||||||
1 | Sec. 3.1. Prohibition on serving on boards and commissions.
| ||||||
2 | Notwithstanding any other law of this State, on and after | ||||||
3 | February 1, 2004,
but not before that date, a person required | ||||||
4 | to be registered
under this Act, his or her spouse, and his or | ||||||
5 | her immediate family members
living with that person may not
| ||||||
6 | serve on a board, commission, authority, or task force | ||||||
7 | authorized or created
by State law or by executive order of the | ||||||
8 | Governor if the lobbyist is engaged in the same subject area as | ||||||
9 | defined in Section 5(c-6) as the board or commission ; except | ||||||
10 | that this
restriction does not apply to any of the
following:
| ||||||
11 | (1) a registered lobbyist, his or her spouse, or any | ||||||
12 | immediate family
member living with the registered | ||||||
13 | lobbyist, who is serving in an elective
public office, | ||||||
14 | whether
elected or appointed to fill a vacancy; and
| ||||||
15 | (2) a registered lobbyist, his or her spouse, or any | ||||||
16 | immediate family
member living with the registered | ||||||
17 | lobbyist, who is serving on a State
advisory body
that | ||||||
18 | makes nonbinding recommendations to an agency of State | ||||||
19 | government
but does not make binding recommendations or | ||||||
20 | determinations or take any
other substantive action ; and | ||||||
21 | (3) a registered lobbyist, his or her spouse, or any | ||||||
22 | immediate family member living with the registered | ||||||
23 | lobbyist, if no one in the household is employed by the | ||||||
24 | State at a base salary in excess of 60% of the Governor's | ||||||
25 | salary .
| ||||||
26 | (Source: P.A. 93-615, eff. 11-19-03; 93-617, eff. 12-9-03.)
|
| |||||||
| |||||||
1 | (25 ILCS 170/5)
| ||||||
2 | Sec. 5. Lobbyist registration and disclosure. Every person | ||||||
3 | required to
register under Section 3 shall
before any service
| ||||||
4 | is performed which requires the person to register, but in any | ||||||
5 | event not
later than 2 business days after being employed or | ||||||
6 | retained, and on or before
each
January 31 and July 31 | ||||||
7 | thereafter, file in the Office of the
Secretary of State a | ||||||
8 | written statement in a format prescribed by the Secretary of | ||||||
9 | State containing the
following
information
with respect to each | ||||||
10 | person or entity
employing or retaining the person required to | ||||||
11 | register:
| ||||||
12 | (a) The registrant's name, permanent address, e-mail
| ||||||
13 | address, if any,
fax
number, if any, business telephone | ||||||
14 | number, and temporary address, if the
registrant has a | ||||||
15 | temporary address while lobbying.
| ||||||
16 | (a-5) If the registrant is an organization or business | ||||||
17 | entity, the
information required under subsection (a) for | ||||||
18 | each person associated with the
registrant who will be | ||||||
19 | lobbying,
regardless of whether lobbying is a significant | ||||||
20 | part of his or her duties.
| ||||||
21 | (b) The name and address of the person or persons | ||||||
22 | employing or retaining
registrant to perform such services | ||||||
23 | or on whose behalf the registrant appears.
| ||||||
24 | (c) A brief description of the executive, legislative, | ||||||
25 | or administrative
action in reference to which such service |
| |||||||
| |||||||
1 | is to be rendered.
| ||||||
2 | (c-5) Each executive and legislative branch agency the | ||||||
3 | registrant
expects
to lobby during the registration | ||||||
4 | period.
| ||||||
5 | (c-6) The nature of the client's business, by | ||||||
6 | indicating all
of the following categories that apply: (1) | ||||||
7 | banking and financial services, (2)
manufacturing, (3) | ||||||
8 | education, (4) environment, (5) healthcare, (6)
insurance, | ||||||
9 | (7) community interests, (8) labor, (9) public relations or
| ||||||
10 | advertising, (10) marketing or sales, (11) hospitality, | ||||||
11 | (12) engineering,
(13) information or technology products | ||||||
12 | or services, (14) social services,
(15) public utilities, | ||||||
13 | (16) racing or wagering, (17) real estate or
construction, | ||||||
14 | (18) telecommunications, (19) trade or professional
| ||||||
15 | association, (20) travel or tourism, (21) transportation, | ||||||
16 | and (22) other
(setting forth the nature of that other | ||||||
17 | business).
| ||||||
18 | The registrant must file an amendment to the statement | ||||||
19 | within 14 calendar
days
to report any substantial change or | ||||||
20 | addition to the information previously
filed, except that a | ||||||
21 | registrant must file an amendment to the statement to
disclose | ||||||
22 | a new agreement to retain the registrant for lobbying services
| ||||||
23 | before any service is performed which requires the person to | ||||||
24 | register, but in
any event not later than 2 business days after | ||||||
25 | entering into the retainer
agreement.
| ||||||
26 | Not later than 12 months after the effective date of this |
| |||||||
| |||||||
1 | amendatory
Act of the 93rd General Assembly, or as soon | ||||||
2 | thereafter as the Secretary of
State has provided adequate | ||||||
3 | software to the persons required to file, all
statements and | ||||||
4 | amendments to statements required to be filed shall be filed
| ||||||
5 | electronically. The Secretary of State shall promptly make all | ||||||
6 | filed
statements and amendments to statements publicly | ||||||
7 | available by means of a
searchable database that is accessible | ||||||
8 | through the World Wide Web. The
Secretary of State shall | ||||||
9 | provide all software necessary to comply with this
provision to | ||||||
10 | all persons required to file. The Secretary of State shall
| ||||||
11 | implement a plan to provide computer access and assistance to | ||||||
12 | persons
required to file electronically.
| ||||||
13 | Persons required to register under this Act prior to July | ||||||
14 | 1, 2003,
shall
remit a single, annual and nonrefundable $50 | ||||||
15 | registration fee.
All fees collected for registrations prior to | ||||||
16 | July 1, 2003, shall be deposited
into the Lobbyist Registration | ||||||
17 | Administration Fund for administration and
enforcement of this | ||||||
18 | Act. Beginning July 1, 2003, all persons other than
entities | ||||||
19 | qualified under Section 501(c)(3) of the Internal Revenue Code
| ||||||
20 | required to register under this Act shall remit a single, | ||||||
21 | annual, and
nonrefundable $350 registration fee. Entities | ||||||
22 | required to register under this
Act
which are qualified under | ||||||
23 | Section 501(c)(3) of the Internal Revenue Code shall
remit a | ||||||
24 | single, annual,
and nonrefundable $150 registration fee. Each | ||||||
25 | individual required to register
under this Act shall submit, on | ||||||
26 | an annual basis, a picture of the registrant. A registrant may, |
| |||||||
| |||||||
1 | in lieu of submitting a
picture on an annual basis, authorize | ||||||
2 | the Secretary of State to use any photo
identification | ||||||
3 | available in any database maintained by the Secretary of State
| ||||||
4 | for other purposes. Of each registration fee collected for | ||||||
5 | registrations on
or after July 1, 2003, $50 shall be deposited | ||||||
6 | into the Lobbyist
Registration Administration Fund for | ||||||
7 | administration and enforcement
of this
Act and is intended to | ||||||
8 | be used to implement and maintain
electronic
filing of
reports | ||||||
9 | under this Act, the next
$100 shall be deposited into the | ||||||
10 | Lobbyist
Registration Administration Fund for administration | ||||||
11 | and enforcement of this
Act, and any balance shall be deposited | ||||||
12 | into the General Revenue Fund.
| ||||||
13 | (Source: P.A. 93-32, eff. 7-1-03; 93-615, eff. 11-19-03; | ||||||
14 | 93-617, eff. 12-9-03.)
| ||||||
15 | (25 ILCS 170/6) (from Ch. 63, par. 176)
| ||||||
16 | Sec. 6. Reports.
| ||||||
17 | (a) Lobbyist reports. Except as otherwise provided in this | ||||||
18 | Section, every lobbyist registered under this Act who is solely | ||||||
19 | employed by a lobbying entity
person required to
register as | ||||||
20 | prescribed in Section 3 shall file an affirmation
report , | ||||||
21 | verified under
oath pursuant to Section 1-109 of the Code of | ||||||
22 | Civil Procedure, with
to the
Secretary of
State attesting to | ||||||
23 | the accuracy of any reports filed pursuant to subsection (b) as | ||||||
24 | those reports pertain to work performed by the lobbyist. Any | ||||||
25 | lobbyist registered under this Act who is not solely employed |
| |||||||
| |||||||
1 | by a lobbying entity shall personally file reports required of | ||||||
2 | lobbying entities pursuant to subsection (b). A lobbyist may, | ||||||
3 | if authorized so to do by a lobbying entity by whom he or she is | ||||||
4 | employed or retained, file lobbying entity reports pursuant to | ||||||
5 | section (b) provided that the lobbying entity may delegate the | ||||||
6 | filing of the lobbying entity report to only one lobbyist in | ||||||
7 | any reporting period
all expenditures for lobbying made or | ||||||
8 | incurred by the lobbyist on his
behalf or the behalf of his | ||||||
9 | employer. In the case where an individual is
solely employed by | ||||||
10 | another person to perform job related functions any part of
| ||||||
11 | which includes lobbying, the employer shall be responsible for | ||||||
12 | reporting all
lobbying expenditures incurred on the employer's | ||||||
13 | behalf as shall be identified
by the lobbyist to the employer | ||||||
14 | preceding such report. Persons who contract
with another person | ||||||
15 | to perform lobbying activities shall be responsible for
| ||||||
16 | reporting all lobbying expenditures incurred on the employer's | ||||||
17 | behalf. Any
additional lobbying expenses incurred by the | ||||||
18 | employer which are separate and
apart from those incurred by | ||||||
19 | the contractual employee shall be reported by the
employer .
| ||||||
20 | (b) Lobbying entity reports. Except as otherwise provided | ||||||
21 | in this Section, every lobbying entity registered under this | ||||||
22 | Act shall report all revenues and expenditures related to | ||||||
23 | lobbying. The report shall itemize each individual expenditure | ||||||
24 | or transaction
over
$10, shall include an aggregate total for | ||||||
25 | all non-itemized expenditures or transactions,
$100 and shall | ||||||
26 | include the name of the official on whose behalf the
|
| |||||||
| |||||||
1 | expenditure
was made, the name of the client on whose behalf | ||||||
2 | the expenditure was made, the
total amount of the expenditure, | ||||||
3 | a description of the expenditure, the address and location of | ||||||
4 | the expenditure if the expenditure was for an intangible item | ||||||
5 | such as lodging, the date on which the expenditure occurred and
| ||||||
6 | the subject matter of the lobbying activity, if any.
| ||||||
7 | The report shall include the names and addresses of all | ||||||
8 | clients who retained the lobbying entity together with an | ||||||
9 | itemized description for each client of the following: (1) | ||||||
10 | lobbying regarding executive action, including the name of any | ||||||
11 | agency lobbied, the names of any officials lobbied, the | ||||||
12 | specific subject matter discussed with each agency or official, | ||||||
13 | and the total amount billed to the client, together with | ||||||
14 | subtotals for professional services and reimbursements; (2) | ||||||
15 | lobbying regarding legislative action, including the names of | ||||||
16 | any officials lobbied, the specific subject matter discussed, | ||||||
17 | including bill numbers when available, and the total amount | ||||||
18 | billed to the client, together with subtotals for professional | ||||||
19 | services and reimbursements; and (3) lobbying regarding | ||||||
20 | administrative action, including the specific subject matter | ||||||
21 | and the total billed to the client, including subtotals for | ||||||
22 | professional services and reimbursements. Registrants who made | ||||||
23 | no reportable expenditures during a reporting period shall file | ||||||
24 | a report stating that no expenditures were incurred.
| ||||||
25 | Expenditures attributable to lobbying officials shall be | ||||||
26 | listed and reported
according to the following categories:
|
| |||||||
| |||||||
1 | (1) travel and lodging on behalf of others.
| ||||||
2 | (2) meals, beverages and other entertainment.
| ||||||
3 | (3) gifts (indicating which, if any, are on the basis | ||||||
4 | of personal friendship) .
| ||||||
5 | (4) honoraria.
| ||||||
6 | (5) any other thing or service of value not listed | ||||||
7 | under categories (1) through (4), setting forth a | ||||||
8 | description of the expenditure.
The category travel and | ||||||
9 | lodging includes, but is not limited to, all travel and | ||||||
10 | living accommodations made for or on behalf of State | ||||||
11 | officials in the State capital during sessions of the | ||||||
12 | General Assembly.
| ||||||
13 | Individual expenditures required to be reported as | ||||||
14 | described herein which
are
equal to or less than $100 in value | ||||||
15 | need not be itemized but are required to be
categorized and | ||||||
16 | reported by officials in an aggregate total in a manner
| ||||||
17 | prescribed by rule of the Secretary of State.
| ||||||
18 | (b-3) Expenditures incurred for hosting receptions, | ||||||
19 | benefits and other large
gatherings held for purposes of | ||||||
20 | goodwill or otherwise to influence executive,
legislative or | ||||||
21 | administrative action to which there are 25 or more State
| ||||||
22 | officials invited shall be reported listing only the total | ||||||
23 | amount of
the
expenditure, the date of the event, and the | ||||||
24 | estimated number of officials in
attendance , and the names of | ||||||
25 | any officials known to have attended .
| ||||||
26 | (b-5) Each individual expenditure required to be reported |
| |||||||
| |||||||
1 | shall include all
expenses made for or on behalf of State | ||||||
2 | officials and their immediate family members of the immediate
| ||||||
3 | family of those persons .
| ||||||
4 | The category travel and lodging includes, but is not | ||||||
5 | limited to, all travel
and living accommodations made for or on | ||||||
6 | behalf of State officials in the
capital during sessions of the | ||||||
7 | General Assembly.
| ||||||
8 | (b-7) Matters excluded from reports. Reasonable and bona | ||||||
9 | fide expenditures made by the registrant
who is a member of a | ||||||
10 | legislative or State study commission or committee while
| ||||||
11 | attending and participating in meetings and hearings of such | ||||||
12 | commission or
committee need not be reported.
| ||||||
13 | Reasonable and bona fide expenditures made by the | ||||||
14 | registrant for personal
sustenance, lodging, travel, office | ||||||
15 | expenses and clerical or support staff
need not be reported.
| ||||||
16 | Salaries , fees, and other compensation paid to a lobbyist
| ||||||
17 | the registrant
for the
purposes of lobbying
need not be
| ||||||
18 | reported , but total billings by lobbying entities or, if the | ||||||
19 | lobbyist was personally employed by more than one lobbying | ||||||
20 | entity, to clients shall be included in the report. | ||||||
21 | Expenditures made for activities covered in items (1) through | ||||||
22 | (10) of Section 3(a) may be excluded from the report .
| ||||||
23 | Any contributions required to be reported under Article 9 | ||||||
24 | of the Election
Code need not be reported.
| ||||||
25 | The report shall include: (1) the name of each State | ||||||
26 | government
entity lobbied; (2) whether the lobbying involved |
| |||||||
| |||||||
1 | executive, legislative, or
administrative action, or a | ||||||
2 | combination; (3) the names of the persons who
performed the | ||||||
3 | lobbyist services; and (4) a brief description of the
| ||||||
4 | legislative, executive, or administrative action involved.
| ||||||
5 | Except as otherwise provided in this subsection, gifts and | ||||||
6 | honoraria
returned or reimbursed to the registrant within 30 | ||||||
7 | days of the date of
receipt shall not be reported.
| ||||||
8 | A gift or honorarium returned or reimbursed to the | ||||||
9 | registrant within 10
days after the official receives a copy of | ||||||
10 | a report pursuant to Section 6.5
shall not be included in the | ||||||
11 | final report unless the registrant informed the
official, | ||||||
12 | contemporaneously with the receipt of the gift or honorarium, | ||||||
13 | that
the gift or honorarium is a reportable expenditure | ||||||
14 | pursuant to this Act.
| ||||||
15 | (c) Reports under this Section shall be filed by July 31, | ||||||
16 | for expenditures
from the previous January 1 through the later | ||||||
17 | of June 30 or the final day of
the regular General Assembly | ||||||
18 | session, and by January 31, for expenditures from
the entire | ||||||
19 | previous calendar year.
| ||||||
20 | Registrants who made no reportable expenditures during a | ||||||
21 | reporting period
shall file a report stating that no | ||||||
22 | expenditures were incurred. Such reports
shall be filed in | ||||||
23 | accordance with the deadlines as prescribed in this
subsection.
| ||||||
24 | A registrant who terminates employment or duties which | ||||||
25 | required him to
register under this Act shall give the | ||||||
26 | Secretary of State, within 30 days after
the date of such |
| |||||||
| |||||||
1 | termination, written notice of such termination and shall
| ||||||
2 | include therewith a report of the revenues and expenditures | ||||||
3 | described herein, covering the
period of time since the filing | ||||||
4 | of his last report to the date of termination
of employment. | ||||||
5 | Such notice and report shall be final and relieve such
| ||||||
6 | registrant of further reporting under this Act, unless and | ||||||
7 | until he later takes
employment or assumes duties requiring him | ||||||
8 | to again register under this Act.
| ||||||
9 | (d) Failure to file any such report within the time | ||||||
10 | designated or the
reporting of incomplete information shall | ||||||
11 | constitute a violation of this Act.
| ||||||
12 | A registrant shall preserve for a period of 2 years all | ||||||
13 | receipts and records
used in preparing reports under this Act.
| ||||||
14 | (e) Within 30 days after a filing deadline, the lobbyist | ||||||
15 | shall notify each
official on whose behalf an expenditure has | ||||||
16 | been reported. Notification shall
include the name of the | ||||||
17 | registrant, the total amount of the expenditure, a description | ||||||
18 | of the expenditure, the
date on which the expenditure occurred, | ||||||
19 | and the subject matter of the lobbying
activity.
| ||||||
20 | (f) Lobbyist and lobbying entity reports shall be filed by | ||||||
21 | July 31, for the period January 1 through June 30 immediately | ||||||
22 | preceding, and by January 31 for the period July 1 through | ||||||
23 | December 31 immediately preceding. A report filed under this | ||||||
24 | Act is due in the Office of the Secretary of State no later | ||||||
25 | than the close of business on the date on which it is required | ||||||
26 | to be filed. |
| |||||||
| |||||||
1 | (g) All reports filed under this Act shall be filed in a | ||||||
2 | format or on forms prescribed by the Secretary of State.
| ||||||
3 | (Source: P.A. 93-244, eff. 1-1-04; 93-615, eff. 11-19-03.)
| ||||||
4 | (25 ILCS 170/6.5)
| ||||||
5 | Sec. 6.5. Disposition of Gifts
Response to report by | ||||||
6 | official .
| ||||||
7 | (a) Every person required to register as prescribed in | ||||||
8 | Section 3 and
required to file a report with the Secretary of | ||||||
9 | State as prescribed in Section
6 shall, at least 25 days before | ||||||
10 | filing the report,
provide a
copy of the report to each | ||||||
11 | official listed in the report by first class mail or
hand | ||||||
12 | delivery. An official may, within 10 days after receiving the | ||||||
13 | copy of the
report, provide written objections to the report by | ||||||
14 | first class mail or hand
delivery to the person required to | ||||||
15 | file the report. If those written
objections conflict with the | ||||||
16 | final report that is filed, the written objections
shall be | ||||||
17 | filed along with the report.
| ||||||
18 | (b) If an official who receives a gift from a lobbyist or | ||||||
19 | lobbing entity returned the gift, reimbursed the giver for the | ||||||
20 | gift, donated the gift to charity, or otherwise surrendered | ||||||
21 | possession of the gift to a person or entity outside of his or | ||||||
22 | her household, then the official shall return a copy of the | ||||||
23 | report supplied to the official under Section 6 to the | ||||||
24 | Secretary of State indicating the disposition of the gift. | ||||||
25 | Reports filed pursuant to this Section shall be filed with the |
| |||||||
| |||||||
1 | Secretary of State by September 1, for gifts received during | ||||||
2 | the period January 1 through June 30 immediately preceding, or | ||||||
3 | by March 1, for gifts received during the period July 1 to | ||||||
4 | December 31 immediately preceding. Reports filed pursuant to | ||||||
5 | this Section shall not be admissible as evidence of a violation | ||||||
6 | of Article 10 of the State Officials and Employees Ethics Act, | ||||||
7 | provided that the gifts were disposed of in accordance with | ||||||
8 | Section 10-30 of the State Officials and Employees Ethics Act. | ||||||
9 | (c) Failure to provide a copy of the report to an official | ||||||
10 | listed in the
report within the time designated in this Section | ||||||
11 | is a violation of this
Act.
| ||||||
12 | (Source: P.A. 93-244, eff. 1-1-04; 93-615, eff. 11-19-03.)
| ||||||
13 | (25 ILCS 170/7) (from Ch. 63, par. 177)
| ||||||
14 | Sec. 7. Duties of the Secretary of State.
| ||||||
15 | (a) It shall be the duty of the Secretary of State to | ||||||
16 | provide appropriate
forms for the registration and reporting of | ||||||
17 | information required by this
Act and to keep such registrations | ||||||
18 | and reports on file in his office for 3
years from the date of | ||||||
19 | filing. He shall also provide and maintain a
register with | ||||||
20 | appropriate blanks and indexes so that the information
required | ||||||
21 | in Sections 5 and 6 of this Act may be accordingly entered. | ||||||
22 | Such
records shall be considered public information and open to | ||||||
23 | public
inspection.
| ||||||
24 | A report filed under this Act is due in the Office of the | ||||||
25 | Secretary of
State no later than the close of business on the |
| |||||||
| |||||||
1 | date on which it is required
to be filed.
| ||||||
2 | (b) Within 10 days after a filing deadline, the Secretary | ||||||
3 | of State shall notify
persons he determines are required to | ||||||
4 | file but have failed to do so.
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5 | (c) The Secretary of State shall provide adequate software | ||||||
6 | to the persons required to file under this Act, and all | ||||||
7 | registrations, reports, statements, and amendments required to | ||||||
8 | be filed shall be filed electronically.
Not later than 12 | ||||||
9 | months after the effective date of this amendatory
Act of the | ||||||
10 | 93rd General Assembly, or as soon thereafter as the Secretary | ||||||
11 | of
State has provided adequate software to the persons required | ||||||
12 | to file, all
reports required under this Act shall be filed | ||||||
13 | electronically. The Secretary of
State shall promptly make all | ||||||
14 | filed reports publicly available by means of a
searchable | ||||||
15 | database that is accessible through the World Wide Web. The
| ||||||
16 | Secretary of State shall provide all software necessary to | ||||||
17 | comply with this
provision to all persons required to file. The | ||||||
18 | Secretary of State shall
implement a plan to provide computer | ||||||
19 | access and assistance to persons
required to file | ||||||
20 | electronically.
| ||||||
21 | (d) Not later than 12 months after the effective date of | ||||||
22 | this amendatory Act of
the 93rd General Assembly, the Secretary | ||||||
23 | of State shall include registrants'
pictures when publishing
or | ||||||
24 | posting on his or her website the information required in | ||||||
25 | Section 5.
| ||||||
26 | (e) The Secretary of State shall receive and investigate |
| |||||||
| |||||||
1 | allegations of violations of this Act. Any employee of the | ||||||
2 | Secretary of State who receives an allegation shall immediately | ||||||
3 | transmit it to the Secretary of State Inspector General.
| ||||||
4 | (Source: P.A. 93-615, eff. 11-19-03.)
| ||||||
5 | (25 ILCS 170/10) (from Ch. 63, par. 180)
| ||||||
6 | Sec. 10. Penalties.
| ||||||
7 | (a) Any person who violates any of the provisions of this | ||||||
8 | Act shall be
guilty of a business offense and shall be fined | ||||||
9 | not more than $10,000 for each violation. Every day that a | ||||||
10 | report or registration is late shall constitute a separate | ||||||
11 | violation. In determining the appropriate fine for each | ||||||
12 | violation, the trier of fact shall consider the scope of the | ||||||
13 | entire lobbying project, the nature of activities conducted | ||||||
14 | during the time the person was in violation of this Act, and | ||||||
15 | whether or not the violation was intentional or unreasonable .
| ||||||
16 | (b) In addition to the penalties provided for in subsection | ||||||
17 | (a)
of this Section, any person convicted of any violation of | ||||||
18 | any provision of
this Act is prohibited for a period of three | ||||||
19 | years from the date of such
conviction from lobbying.
| ||||||
20 | (c) There is created in the State treasury a special fund | ||||||
21 | to be known as
the Lobbyist Registration Administration Fund. | ||||||
22 | All fines collected in the
enforcement of this Section shall be | ||||||
23 | deposited into the Fund. These funds
shall, subject to | ||||||
24 | appropriation, be used by the Office of the Secretary of
State | ||||||
25 | for implementation and administration of this Act.
|
| |||||||
| |||||||
1 | (Source: P.A. 88-187 .)
| ||||||
2 | (25 ILCS 170/11) (from Ch. 63, par. 181)
| ||||||
3 | Sec. 11. Enforcement
Venue .
| ||||||
4 | (a) The Secretary of State Inspector General appointed | ||||||
5 | under Section 14 of the Secretary of State Act shall initiate | ||||||
6 | investigations of violations of this Act upon receipt of an | ||||||
7 | allegation. If the Inspector General finds credible evidence of | ||||||
8 | a violation, he or she shall make the information available to | ||||||
9 | the public and transmit copies of the evidence to the alleged | ||||||
10 | violator. If the violator does not correct the violation within | ||||||
11 | 30 days, the Inspector General shall transmit the full record | ||||||
12 | of the investigation to any appropriate State's Attorney or to | ||||||
13 | the Attorney General.
| ||||||
14 | (b) Any violation of this Act may be prosecuted in the | ||||||
15 | county where the
offense is committed or in Sangamon County. In | ||||||
16 | addition to the State's
Attorney of the appropriate county, the | ||||||
17 | Attorney General of Illinois also
is authorized to prosecute | ||||||
18 | any violation of this Act.
| ||||||
19 | (Source: P.A. 76-1848.)
| ||||||
20 | (25 ILCS 170/4 rep.)
| ||||||
21 | Section 25. The Lobbyist Registration Act is amended by | ||||||
22 | repealing Section 4.
| ||||||
23 | Section 99. Effective date. This Act takes effect July 1, | ||||||
24 | 2007.
|