103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3953

 

Introduced 2/17/2023, by Rep. Blaine Wilhour

 

SYNOPSIS AS INTRODUCED:
 
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.


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A BILL FOR

 

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1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Lobbyist Registration Act is amended by
5changing Section 2 as follows:
 
6    (25 ILCS 170/2)  (from Ch. 63, par. 172)
7    Sec. 2. Definitions. As used in this Act, unless the
8context otherwise requires:
9    (a) "Person" means any individual, firm, partnership,
10committee, association, corporation, or any other organization
11or group of persons.
12    (b) "Expenditure" means a payment, distribution, loan,
13advance, deposit, or gift of money or anything of value, and
14includes a contract, promise, or agreement, whether or not
15legally enforceable, to make an expenditure, for the ultimate
16purpose of influencing executive, legislative, or
17administrative action, other than compensation as defined in
18subsection (d).
19    (c) "Official" means:
20        (1) the Governor, Lieutenant Governor, Secretary of
21    State, Attorney General, State Treasurer, and State
22    Comptroller;
23        (2) Chiefs of Staff for officials described in item

 

 

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1    (1), the Deputy Governor, the Deputy Secretary of State,
2    the Deputy Attorney General, the Deputy Treasurer, and the
3    Deputy Comptroller;
4        (3) Cabinet members of any elected constitutional
5    officer, including Directors, Assistant Directors and
6    Chief Legal Counsel or General Counsel;
7        (4) Members of the General Assembly;
8        (5) Members of any board, commission, authority, or
9    task force of the State authorized or created by State law
10    or by executive order of the Governor;
11        (6) Mayors, presidents, aldermen, commissioners, and
12    trustees of a city, village, or town;
13        (7) County board members and countywide elected
14    officials;
15        (8) Township board members and township elected
16    officials; and
17        (9) Members of any board, commission, authority, or
18    task force created by a local ordinance or order of a mayor
19    or village or town president; and .
20        (10) Other officials of a unit of local government,
21    including village managers, chief legal counsel, or
22    general counsel, or other officials with substantial
23    discretion to take or recommend official action or who
24    have voting powers.
25    (d) "Compensation" means any money, thing of value or
26financial benefits received or to be received in return for

 

 

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1services rendered or to be rendered, for lobbying or as a
2consultant.
3    Monies paid to members of the General Assembly by the
4State as remuneration for performance of their Constitutional
5and statutory duties as members of the General Assembly shall
6not constitute compensation as defined by this Act.
7    (e) "Lobby" and "lobbying" means to communicate, including
8the soliciting of others to communicate, with an official as
9defined in subsection (c) for the ultimate purpose of
10influencing any executive, legislative, or administrative
11action, including, but not limited to, such actions as: (i)
12zoning matters; (ii) the introduction, passage, or other
13action to be taken on legislation, ordinance, resolution,
14motion, order, appointment, or other matter before an elected
15governing body; (iii) preparation of contract specifications;
16(iv) solicitation, award, or administration of a contract; (v)
17the award of a grant, loan, or other financial agreement
18involving public funds; (vi) procurement; (vii) bond
19inducement; and (viii) the granting of concessions. A person
20is not deemed to have undertaken to influence under this
21Section solely by submitting an application for a government
22permit or license or by responding to a government request for
23proposals or qualifications at the State, municipal, county,
24or township government level. Soliciting of others to
25communicate shall not include (i) the making of a grant by an
26organization recognized as tax exempt under Section 501(c)(3)

 

 

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1of the Internal Revenue Code made in accordance with Section
24945 and the regulations thereunder or (ii) a communication by
3an organization recognized as tax exempt under Section
4501(c)(3) or 501(c)(5) of the Internal Revenue Code to the
5public or a segment thereof or to its members to communicate
6with legislators, executives, or administrators with respect
7to a proposed action by the legislature, executive, or
8administrator.
9    (f) "Influencing" means any communication, action,
10reportable expenditure as prescribed in Section 6 or other
11means used to promote, support, affect, modify, oppose or
12delay any executive, legislative or administrative action or
13to promote goodwill with officials as defined in subsection
14(c).
15    (g) "Executive action" means the proposal, drafting,
16development, consideration, amendment, adoption, approval,
17promulgation, issuance, modification, rejection or
18postponement by a State, municipal, county, or township
19government entity of a rule, regulation, order, decision,
20determination, contractual arrangement, purchasing agreement
21or other quasi-legislative or quasi-judicial action or
22proceeding.
23    (h) "Legislative action" means the development, drafting,
24introduction, consideration, modification, adoption,
25rejection, review, enactment, or passage or defeat of any
26bill, amendment, resolution, ordinance, report, nomination,

 

 

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1administrative rule or other matter by either house of the
2General Assembly or a committee thereof, by a legislator, by
3the legislative body of a municipality, county, or township,
4or by an alderman, trustee, or township board member.
5Legislative action also means the action of the Governor,
6mayor, or village or township board president, or county
7executive in approving or vetoing any bill, ordinance, or
8resolution or portion thereof, and the action of such
9officials or any agency under their jurisdiction in the
10development of a legislative proposal.
11    (i) "Administrative action" means the execution or
12rejection of any rule, regulation, legislative rule, standard,
13fee, rate, contractual arrangement, purchasing agreement or
14other delegated legislative or quasi-legislative action to be
15taken or withheld by any executive agency, department, board
16or commission of the State, municipal, county, or township.
17    (j) "Lobbyist" means any natural person who, on behalf of
18any person other than himself or herself, or as any part of his
19or her duties as an employee of another, undertakes to
20influence or lobby for any executive, legislative, or
21administrative action for State government or a unit of local
22government. "Lobbyist" shall include, but not be limited to,
23any attorney, accountant, or consultant engaged in the
24activities described in this subsection (j); provided,
25however, that an attorney shall not be considered a lobbyist
26while representing clients in a formal adversarial hearing

 

 

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1undertakes to lobby State, municipal, county, or township
2government as provided in subsection (e).
3    (k) "Lobbying entity" means any entity that hires,
4retains, employs, or compensates a natural person to lobby
5State, municipal, county, or township government as provided
6in subsection (e).
7    (l) "Authorized agent" means the person designated by an
8entity or lobbyist registered under this Act as the person
9responsible for submission and retention of reports required
10under this Act.
11    (m) "Client" means any person or entity that provides
12compensation to a lobbyist to lobby State, municipal, county,
13or township government as provided in subsection (e) of this
14Section.
15    (n) "Client registrant" means a client who is required to
16register under this Act.
17    (o) "Unit of local government" has the meaning ascribed to
18it in Section 1 of Article VII of the Illinois Constitution and
19also includes school districts and community college
20districts.
21    (p) "Consultant" means any natural person or entity who,
22for compensation, provides advisory services, including but
23not limited to, rendering opinions on or developing strategies
24for lobbying or influencing, to a lobbyist or lobbying entity
25for the ultimate purpose of influencing any executive,
26legislative, or administrative action. "Consultant" does not

 

 

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1include (i) an employee of the lobbyist or lobbying entity or
2(ii) an attorney or law firm providing legal services,
3including drafting legislation or advising and rendering
4opinions to clients as to the construction and legal effect of
5proposed or pending legislation or any executive, legislative,
6or administrative action.
7(Source: P.A. 101-595, eff. 12-5-19; 102-664, eff. 1-1-22.)