Illinois General Assembly - Full Text of SB1639
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Full Text of SB1639  101st General Assembly

SB1639ham003 101ST GENERAL ASSEMBLY

Rep. Gregory Harris

Adopted in House on Nov 14, 2019

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1639

2    AMENDMENT NO. ______. Amend Senate Bill 1639 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Lobbyist Registration Act is amended by
5changing Sections 2, 5, and 7 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

 

 

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1administrative action, other than compensation as defined in
2subsection (d).
3    (c) "Official" means:
4        (1) the Governor, Lieutenant Governor, Secretary of
5    State, Attorney General, State Treasurer, and State
6    Comptroller;
7        (2) Chiefs of Staff for officials described in item
8    (1);
9        (3) Cabinet members of any elected constitutional
10    officer, including Directors, Assistant Directors and
11    Chief Legal Counsel or General Counsel;
12        (4) Members of the General Assembly; and
13        (5) Members of any board, commission, authority, or
14    task force of the State authorized or created by State law
15    or by executive order of the Governor.
16    (d) "Compensation" means any money, thing of value or
17financial benefits received or to be received in return for
18services rendered or to be rendered, for lobbying as defined in
19subsection (e).
20    Monies paid to members of the General Assembly by the State
21as remuneration for performance of their Constitutional and
22statutory duties as members of the General Assembly shall not
23constitute compensation as defined by this Act.
24    (e) "Lobby" and "lobbying" means any communication with an
25official of the executive or legislative branch of State
26government as defined in subsection (c) for the ultimate

 

 

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

 

 

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1fee, rate, contractual arrangement, purchasing agreement or
2other delegated legislative or quasi-legislative action to be
3taken or withheld by any executive agency, department, board or
4commission of the State.
5    (j) "Lobbyist" means any natural person who undertakes to
6lobby State government as provided in subsection (e).
7    (k) "Lobbying entity" means any entity that hires, retains,
8employs, or compensates a natural person to lobby State
9government as provided in subsection (e).
10    (l) "Authorized agent" means the person designated by an
11entity or lobbyist registered under this Act as the person
12responsible for submission and retention of reports required
13under this Act.
14    (m) "Client" means any person or entity that provides
15compensation to a lobbyist to lobby State government as
16provided in subsection (e) of this Section.
17    (n) "Client registrant" means a client who is required to
18register under this Act.
19    (o) "Unit of local government" has the meaning ascribed to
20it in Section 1 of Article VII of the Illinois Constitution and
21also includes school districts and community college
22districts.
23(Source: P.A. 98-459, eff. 1-1-14.)
 
24    (25 ILCS 170/5)
25    Sec. 5. Lobbyist registration and disclosure. Every

 

 

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1natural person and every entity required to register under this
2Act shall before any service is performed which requires the
3natural person or entity to register, but in any event not
4later than 2 business days after being employed or retained,
5file in the Office of the Secretary of State a statement in a
6format prescribed by the Secretary of State containing the
7following information with respect to each person or entity
8employing, retaining, or benefitting from the services of the
9natural person or entity required to register:
10        (a) The registrant's name, permanent address, e-mail
11    address, if any, fax number, if any, business telephone
12    number, and temporary address, if the registrant has a
13    temporary address while lobbying.
14        (a-5) If the registrant is an entity, the information
15    required under subsection (a) for each natural person
16    associated with the registrant who will be lobbying,
17    regardless of whether lobbying is a significant part of his
18    or her duties.
19        (b) The name and address of the client or clients
20    employing or retaining the registrant to perform such
21    services or on whose behalf the registrant appears. If the
22    client employing or retaining the registrant is a client
23    registrant, the statement shall also include the name and
24    address of the client or clients of the client registrant
25    on whose behalf the registrant will be or anticipates
26    performing services.

 

 

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1        (b-5) If the registrant employs or retains a
2    sub-registrant, the statement shall include the name and
3    address of the sub-registrant and identify the client or
4    clients of the registrant on whose behalf the
5    sub-registrant will be or is anticipated to be performing
6    services.
7        (c) A brief description of the executive, legislative,
8    or administrative action in reference to which such service
9    is to be rendered.
10        (c-5) Each executive and legislative branch agency the
11    registrant expects to lobby during the registration
12    period.
13        (c-6) The nature of the client's business, by
14    indicating all of the following categories that apply: (1)
15    banking and financial services, (2) manufacturing, (3)
16    education, (4) environment, (5) healthcare, (6) insurance,
17    (7) community interests, (8) labor, (9) public relations or
18    advertising, (10) marketing or sales, (11) hospitality,
19    (12) engineering, (13) information or technology products
20    or services, (14) social services, (15) public utilities,
21    (16) racing or wagering, (17) real estate or construction,
22    (18) telecommunications, (19) trade or professional
23    association, (20) travel or tourism, (21) transportation,
24    (22) agriculture, and (23) other (setting forth the nature
25    of that other business).
26        (d) A confirmation that the registrant has a sexual

 

 

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1    harassment policy as required by Section 4.7, that such
2    policy shall be made available to any individual within 2
3    business days upon written request (including electronic
4    requests), that any person may contact the authorized agent
5    of the registrant to report allegations of sexual
6    harassment, and that the registrant recognizes the
7    Inspector General has jurisdiction to review any
8    allegations of sexual harassment alleged against the
9    registrant or lobbyists hired by the registrant.
10        (e) Each unit of local government in this State for
11    which the registrant is or expects to be required to
12    register to lobby the local government during the
13    registration period. "Lobby" shall have the meaning
14    ascribed to it by the relevant unit of local government.
15        (f) Each elected or appointed public office in this
16    State to be held by the registrant at any time during the
17    registration period.
18    Every natural person and every entity required to register
19under this Act shall annually submit the registration required
20by this Section on or before each January 31. The registrant
21has a continuing duty to report any substantial change or
22addition to the information contained in the registration.
23Registrants registered as of the effective date of this
24amendatory Act of the 101st General Assembly shall update their
25registration to add the information required under subsections
26(b-5), (e), and (f), if applicable, within 30 days after the

 

 

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1effective date of this amendatory Act of the 101st General
2Assembly.
3    The Secretary of State shall make all filed statements and
4amendments to statements publicly available by means of a
5searchable database that is accessible through the World Wide
6Web. The Secretary of State shall provide all software
7necessary to comply with this provision to all natural persons
8and entities required to file. The Secretary of State shall
9implement a plan to provide computer access and assistance to
10natural persons and entities required to file electronically.
11    All natural persons and entities required to register under
12this Act shall remit a single, annual, and nonrefundable $300
13registration fee. Each natural person required to register
14under this Act shall submit, on an annual basis, a picture of
15the registrant. A registrant may, in lieu of submitting a
16picture on an annual basis, authorize the Secretary of State to
17use any photo identification available in any database
18maintained by the Secretary of State for other purposes. Each
19registration fee collected for registrations on or after
20January 1, 2010 shall be deposited into the Lobbyist
21Registration Administration Fund for administration and
22enforcement of this Act.
23(Source: P.A. 100-554, eff. 11-16-17.)
 
24    (25 ILCS 170/7)  (from Ch. 63, par. 177)
25    Sec. 7. Duties of the Secretary of State.

 

 

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1    (a) It shall be the duty of the Secretary of State to
2provide appropriate forms for the registration and reporting of
3information required by this Act and to keep such registrations
4and reports on file in his office for 3 years from the date of
5filing. He shall also provide and maintain a register with
6appropriate blanks and indexes so that the information required
7in Sections 5 and 6 of this Act may be accordingly entered.
8Such records shall be considered public information and open to
9public inspection.
10    (b) Within 5 business days after a filing deadline, the
11Secretary of State shall notify persons he determines are
12required to file but have failed to do so.
13    (c) The Secretary of State shall provide adequate software
14to the persons required to file under this Act, and all
15registrations, reports, statements, and amendments required to
16be filed shall be filed electronically. The Secretary of State
17shall promptly make all filed reports publicly available by
18means of a searchable database that is accessible through the
19World Wide Web. The Secretary of State shall provide all
20software necessary to comply with this provision to all persons
21required to file. The Secretary of State shall implement a plan
22to provide computer access and assistance to persons required
23to file electronically.
24    (d) The Secretary of State shall include registrants'
25pictures when publishing or posting on his or her website the
26information required in Section 5.

 

 

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1    (d-5) Within 90 days after the effective date of this
2amendatory Act of the 101st General Assembly, the Secretary of
3State shall create a publicly accessible and searchable
4database bringing together disclosures by registered lobbyists
5under this Act, contributions by registered lobbyists required
6to be disclosed under the Election Code, and statements of
7economic interests required to be filed by State officials and
8employees under the Illinois Governmental Ethics Act.
9    (e) The Secretary of State shall receive and investigate
10allegations of violations of this Act. Any employee of the
11Secretary of State who receives an allegation shall immediately
12transmit it to the Secretary of State Inspector General.
13(Source: P.A. 96-555, eff. 1-1-10; 96-1358, eff. 7-28-10.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.".