Illinois General Assembly - Full Text of HB0794
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Full Text of HB0794  102nd General Assembly

HB0794 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0794

 

Introduced 2/10/2021, by Rep. Patrick Windhorst

 

SYNOPSIS AS INTRODUCED:
 
25 ILCS 170/2  from Ch. 63, par. 172
25 ILCS 170/11.2
25 ILCS 170/11.3

    Amends the Lobbyist Registration Act. Requires registration under the Act for persons lobbying units of local government and school districts (rather than only persons lobbying State government). Provides that the changes made by this amendatory Act do not restrict the authority of units of local government and school districts to regulate lobbying. Effective immediately.


LRB102 10921 RJF 16252 b

 

 

A BILL FOR

 

HB0794LRB102 10921 RJF 16252 b

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 Sections 2, 11.2, and 11.3 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

 

 

HB0794- 2 -LRB102 10921 RJF 16252 b

1    (1);
2        (3) Cabinet members of any elected constitutional
3    officer, including Directors, Assistant Directors and
4    Chief Legal Counsel or General Counsel;
5        (4) Members of the General Assembly; and
6        (5) Members of any board, commission, authority, or
7    task force of the State authorized or created by State law
8    or by executive order of the Governor; and .
9        (6) Any elected or appointed official of any unit of
10    local government or school district, including, but not
11    limited to, the members of any legislative body of a unit
12    of local government or school district.
13    (d) "Compensation" means any money, thing of value or
14financial benefits received or to be received in return for
15services rendered or to be rendered, for lobbying as defined
16in subsection (e).
17    Monies paid to members of the General Assembly by the
18State as remuneration for performance of their Constitutional
19and statutory duties as members of the General Assembly shall
20not constitute compensation as defined by this Act.
21    (e) "Lobby" and "lobbying" means any communication with an
22official of the executive or legislative branch of State
23government as defined in subsection (c) for the ultimate
24purpose of influencing any executive, legislative, or
25administrative action.
26    (f) "Influencing" means any communication, action,

 

 

HB0794- 3 -LRB102 10921 RJF 16252 b

1reportable expenditure as prescribed in Section 6 or other
2means used to promote, support, affect, modify, oppose or
3delay any executive, legislative or administrative action or
4to promote goodwill with officials as defined in subsection
5(c).
6    (g) "Executive action" means the proposal, drafting,
7development, consideration, amendment, adoption, approval,
8promulgation, issuance, modification, rejection or
9postponement by a State entity, unit of local government, or
10school district of a rule, regulation, order, ordinance,
11resolution,decision, determination, contractual arrangement,
12purchasing agreement or other quasi-legislative or
13quasi-judicial action or proceeding.
14    (h) "Legislative action" means the development, drafting,
15introduction, consideration, modification, adoption,
16rejection, review, enactment, or passage or defeat of any
17bill, amendment, resolution, report, nomination,
18administrative rule or other matter by either house of the
19General Assembly or a committee thereof, or by a legislator,
20or by the legislative body of a unit of local government or
21school district or any member thereof. Legislative action also
22means the action of the Governor in approving or vetoing any
23bill or portion thereof, and the action of the Governor or any
24agency in the development of a proposal for introduction in
25the legislature.
26    (i) "Administrative action" means the execution or

 

 

HB0794- 4 -LRB102 10921 RJF 16252 b

1rejection of any rule, regulation, legislative rule, standard,
2fee, rate, contractual arrangement, purchasing agreement or
3other delegated legislative or quasi-legislative action to be
4taken or withheld by any executive agency, department, board
5or commission of the State, a unit of local government, or a
6school district.
7    (j) "Lobbyist" means any natural person who undertakes to
8lobby State government, a unit of local government, or a
9school district as provided in subsection (e).
10    (k) "Lobbying entity" means any entity that hires,
11retains, employs, or compensates a natural person to lobby
12State government, a unit of local government, or a school
13district as provided in subsection (e).
14    (l) "Authorized agent" means the person designated by an
15entity or lobbyist registered under this Act as the person
16responsible for submission and retention of reports required
17under this Act.
18    (m) "Client" means any person or entity that provides
19compensation to a lobbyist to lobby State government, a unit
20of local government, or a school district as provided in
21subsection (e) of this Section.
22    (n) "Client registrant" means a client who is required to
23register under this Act.
24    (o) "Unit of local government" has the meaning ascribed to
25it in Section 1 of Article VII of the Illinois Constitution and
26also includes school districts and community college

 

 

HB0794- 5 -LRB102 10921 RJF 16252 b

1districts.
2(Source: P.A. 101-595, eff. 12-5-19.)
 
3    (25 ILCS 170/11.2)
4    Sec. 11.2. Local regulation. A unit of local government or
5school district may adopt an ordinance or resolution
6regulating lobbying activities with that unit of local
7government or school district that imposes requirements
8similar to those imposed by this Act. The changes made by this
9amendatory Act of the 102nd General Assembly shall not
10restrict the authority of a unit of local government or school
11district to regulate lobbying activities under this Section.
12(Source: P.A. 88-187.)
 
13    (25 ILCS 170/11.3)
14    Sec. 11.3. Compensation from a State agency. It is a
15violation of this Act for a person registered or required to be
16registered under this Act to accept or agree to accept
17compensation from a State agency, unit of local government, or
18school district for the purpose of lobbying legislative
19action.
20    This Section does not apply to compensation (i) that is a
21portion of the salary of a full-time employee of a State agency
22whose responsibility or authority includes, but is not limited
23to, lobbying executive, legislative, or administrative action
24or (ii) to an individual who is contractually retained by a

 

 

HB0794- 6 -LRB102 10921 RJF 16252 b

1State agency that is not listed in Section 5-15 of the Civil
2Administrative Code of Illinois.
3    For the purpose of this Section, "State agency" is defined
4as in the Illinois State Auditing Act.
5(Source: P.A. 96-555, eff. 1-1-10.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.