Full Text of HB2943 98th General Assembly
HB2943enr 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Lobbyist Registration Act is amended by | 5 | | changing Sections 2, 5, and 6 as 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: | 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); | 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. | 9 | | (d) "Compensation" means any money, thing of value or | 10 | | financial benefits
received or to be received in return for | 11 | | services rendered or to be
rendered, for lobbying as defined in | 12 | | subsection (e). | 13 | | Monies paid to members of the General Assembly by the State | 14 | | as
remuneration for performance of their Constitutional and | 15 | | statutory duties
as members of the General Assembly shall not | 16 | | constitute compensation as
defined by this Act. | 17 | | (e) "Lobby" and "lobbying"
means any communication with an | 18 | | official of the
executive or legislative branch of State | 19 | | government as defined in subsection
(c) for the ultimate | 20 | | purpose of influencing any executive, legislative, or
| 21 | | administrative action. | 22 | | (f) "Influencing" means any communication, action, | 23 | | reportable
expenditure as prescribed in Section 6 or other | 24 | | means used to promote,
support, affect, modify, oppose or delay | 25 | | any executive, legislative or
administrative action or to | 26 | | promote goodwill with officials as defined in
subsection (c). |
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| 1 | | (g) "Executive action" means the proposal, drafting, | 2 | | development,
consideration, amendment, adoption, approval, | 3 | | promulgation, issuance,
modification, rejection or | 4 | | postponement by a State entity of a rule,
regulation, order, | 5 | | decision, determination, contractual arrangement, purchasing
| 6 | | agreement or other quasi-legislative or quasi-judicial action | 7 | | or proceeding. | 8 | | (h) "Legislative action" means the development, drafting, | 9 | | introduction,
consideration, modification, adoption, | 10 | | rejection, review, enactment, or passage
or defeat of any bill, | 11 | | amendment, resolution, report, nomination,
administrative rule | 12 | | or other matter by either house of the General Assembly or
a | 13 | | committee thereof, or by a legislator. Legislative action also | 14 | | means the
action of the Governor in approving or vetoing any | 15 | | bill or portion thereof, and
the action of the Governor or any | 16 | | agency in the development of a proposal for
introduction in the | 17 | | legislature. | 18 | | (i) "Administrative action" means the execution or | 19 | | rejection of any rule,
regulation, legislative rule, standard, | 20 | | fee, rate, contractual arrangement,
purchasing agreement or | 21 | | other delegated legislative or quasi-legislative action
to be | 22 | | taken or withheld by any executive agency, department, board or
| 23 | | commission of the State. | 24 | | (j) "Lobbyist" means any natural person who undertakes to | 25 | | lobby State government
as provided in subsection (e). | 26 | | (k) "Lobbying entity" means any entity that hires, retains, |
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| 1 | | employs, or compensates a natural person to lobby State | 2 | | government as provided in subsection (e).
| 3 | | (l) "Authorized agent" means the person designated by an | 4 | | entity or lobbyist registered under this Act as the person | 5 | | responsible for submission and retention of reports required | 6 | | under this Act. | 7 | | (m) "Client" means any person or entity that provides | 8 | | compensation to a lobbyist to lobby State government as | 9 | | provided in subsection (e) of this Section. | 10 | | (n) "Client registrant" means a client who is required to | 11 | | register under this Act. | 12 | | (Source: P.A. 96-555, eff. 1-1-10; 96-1358, eff. 7-28-10.) | 13 | | (25 ILCS 170/5) | 14 | | Sec. 5. Lobbyist registration and disclosure. Every | 15 | | natural person and every entity required to
register under this | 16 | | Act shall
before any service
is performed which requires the | 17 | | natural person or entity to register, but in any event not
| 18 | | later than 2 business days after being employed or retained, | 19 | | file in the Office of the
Secretary of State a statement in a | 20 | | format prescribed by the Secretary of State containing the
| 21 | | following
information
with respect to each person or entity
| 22 | | employing , or retaining , or benefitting from the services of | 23 | | the natural person or entity required to register:
| 24 | | (a) The registrant's name, permanent address, e-mail
| 25 | | address, if any,
fax
number, if any, business telephone |
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| 1 | | number, and temporary address, if the
registrant has a | 2 | | temporary address while lobbying.
| 3 | | (a-5) If the registrant is an entity, the
information | 4 | | required under subsection (a) for each natural person | 5 | | associated with the
registrant who will be lobbying,
| 6 | | regardless of whether lobbying is a significant part of his | 7 | | or her duties.
| 8 | | (b) The name and address of the client or clients | 9 | | employing or retaining
the registrant to perform such | 10 | | services or on whose behalf the registrant appears.
If the | 11 | | client employing or retaining the registrant is a client | 12 | | registrant, the statement shall also include the name and | 13 | | address of the client or clients of the client registrant | 14 | | on whose behalf the registrant will be or anticipates | 15 | | performing services. | 16 | | (c) A brief description of the executive, legislative, | 17 | | or administrative
action in reference to which such service | 18 | | is to be rendered.
| 19 | | (c-5) Each executive and legislative branch agency the | 20 | | registrant
expects
to lobby during the registration | 21 | | period.
| 22 | | (c-6) The nature of the client's business, by | 23 | | indicating all
of the following categories that apply: (1) | 24 | | banking and financial services, (2)
manufacturing, (3) | 25 | | education, (4) environment, (5) healthcare, (6)
insurance, | 26 | | (7) community interests, (8) labor, (9) public relations or
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| 1 | | advertising, (10) marketing or sales, (11) hospitality, | 2 | | (12) engineering,
(13) information or technology products | 3 | | or services, (14) social services,
(15) public utilities, | 4 | | (16) racing or wagering, (17) real estate or
construction, | 5 | | (18) telecommunications, (19) trade or professional
| 6 | | association, (20) travel or tourism, (21) transportation, | 7 | | (22) agriculture, and (23) other
(setting forth the nature | 8 | | of that other business).
| 9 | | Every natural person and every entity required to register | 10 | | under this Act shall annually submit the registration required | 11 | | by this Section on or before each January 31. The registrant | 12 | | has a continuing duty to report any substantial change or | 13 | | addition to the information contained in the registration.
| 14 | | The Secretary of State shall make all filed statements and | 15 | | amendments to statements publicly available by means of a | 16 | | searchable database that is accessible through the World Wide | 17 | | Web. The Secretary of State shall provide all software | 18 | | necessary to comply with this provision to all natural persons | 19 | | and entities required to file. The Secretary of State shall | 20 | | implement a plan to provide computer access and assistance to | 21 | | natural persons and entities required to file electronically. | 22 | | All natural persons
and entities required to register under | 23 | | this Act shall remit a single, annual, and
nonrefundable $300 | 24 | | registration fee. Each natural person required to register
| 25 | | under this Act shall submit, on an annual basis, a picture of | 26 | | the registrant. A registrant may, in lieu of submitting a
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| 1 | | picture on an annual basis, authorize the Secretary of State to | 2 | | use any photo
identification available in any database | 3 | | maintained by the Secretary of State
for other purposes. Each | 4 | | registration fee collected for registrations on
or after | 5 | | January 1, 2010 shall be deposited into the Lobbyist
| 6 | | Registration Administration Fund for administration and | 7 | | enforcement
of this
Act.
| 8 | | (Source: P.A. 96-555, eff. 1-1-10; 96-1358, eff. 7-28-10.) | 9 | | (25 ILCS 170/6) (from Ch. 63, par. 176) | 10 | | Sec. 6. Reports. | 11 | | (a) Lobbyist reports. Except as otherwise provided in this | 12 | | Section, every lobbyist registered under this Act who is solely | 13 | | employed by a lobbying entity
shall file an affirmation, | 14 | | verified under
oath pursuant to Section 1-109 of the Code of | 15 | | Civil Procedure, with
the
Secretary of
State attesting to the | 16 | | accuracy of any reports filed pursuant to subsection (b) as | 17 | | those reports pertain to work performed by the lobbyist. Any | 18 | | lobbyist registered under this Act who is not solely employed | 19 | | by a lobbying entity shall personally file reports required of | 20 | | lobbying entities pursuant to subsection (b). A lobbyist may, | 21 | | if authorized so to do by a lobbying entity by whom he or she is | 22 | | employed or retained, file lobbying entity reports pursuant to | 23 | | subsection (b) provided that the lobbying entity may delegate | 24 | | the filing of the lobbying entity report to only one lobbyist | 25 | | in any reporting period.
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| 1 | | (b) Lobbying entity reports. Every lobbying entity | 2 | | registered under this Act shall report expenditures related to | 3 | | lobbying. The report shall itemize each individual expenditure | 4 | | or transaction
and shall include the name of the official on | 5 | | whose behalf the
expenditure
was made, the name of the client | 6 | | if the expenditure was made on behalf of a client, the
total | 7 | | amount of the expenditure, a description of the expenditure, | 8 | | the vendor or purveyor to whom the expenditure was made | 9 | | (including the address or location of the expenditure), the | 10 | | date on which the expenditure occurred and
the subject matter | 11 | | of the lobbying activity, if any.
For those expenditures made | 12 | | on behalf of a client, if the client is a client registrant, | 13 | | the report shall also include the name and address of the | 14 | | client or clients of the client registrant or the official or | 15 | | officials on whose behalf the expenditure ultimately was made. | 16 | | Each expenditure required to be reported shall include all | 17 | | expenses made for or on behalf of an official or his or her | 18 | | immediate family member living with the official. | 19 | | (b-1) The report shall include any change or addition to | 20 | | the client list information, required in Section 5 for | 21 | | registration, since the last report, including the names and | 22 | | addresses of all clients who retained the lobbying entity | 23 | | together with an itemized description for each client of the | 24 | | following: (1) lobbying regarding executive action, including | 25 | | the name of any executive agency lobbied and the subject | 26 | | matter; (2) lobbying regarding legislative action, including |
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| 1 | | the General Assembly and any other agencies lobbied and the | 2 | | subject matter; and (3) lobbying regarding administrative | 3 | | action, including the agency lobbied and the subject matter. | 4 | | Registrants who made no reportable expenditures during a | 5 | | reporting period shall file a report stating that no | 6 | | expenditures were incurred.
| 7 | | (b-2) Expenditures attributable to lobbying officials | 8 | | shall be listed and reported
according to the following | 9 | | categories:
| 10 | | (1) travel and lodging on behalf of others, including, | 11 | | but not limited to, all travel and living accommodations | 12 | | made for or on behalf of State officials during sessions of | 13 | | the General Assembly.
| 14 | | (2) meals, beverages and other entertainment.
| 15 | | (3) gifts (indicating which, if any, are on the basis | 16 | | of personal friendship).
| 17 | | (4) honoraria.
| 18 | | (5) any other thing or service of value not listed | 19 | | under categories (1) through (4), setting forth a | 20 | | description of the expenditure.
The category travel and | 21 | | lodging includes, but is not limited to, all travel and | 22 | | living accommodations made for or on behalf of State | 23 | | officials in the State capital during sessions of the | 24 | | General Assembly.
| 25 | | (b-3) Expenditures incurred for hosting receptions, | 26 | | benefits and other large
gatherings held for purposes of |
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| 1 | | goodwill or otherwise to influence executive,
legislative or | 2 | | administrative action to which there are 25 or more State
| 3 | | officials invited shall be reported listing only the total | 4 | | amount of
the
expenditure, the date of the event, and the | 5 | | estimated number of officials in
attendance.
| 6 | | (b-7) Matters excluded from reports. The following items | 7 | | need not be included in the report: | 8 | | (1) Reasonable and bona fide expenditures made by the | 9 | | registrant
who is a member of a legislative or State study | 10 | | commission or committee while
attending and participating | 11 | | in meetings and hearings of such commission or
committee.
| 12 | | (2) Reasonable and bona fide expenditures made by the | 13 | | registrant for personal
sustenance, lodging, travel, | 14 | | office expenses and clerical or support staff.
| 15 | | (3) Salaries, fees, and other compensation paid to
the | 16 | | registrant
for the
purposes of lobbying.
| 17 | | (4) Any contributions required to be reported under | 18 | | Article 9 of the Election
Code.
| 19 | | (5) Expenditures made by a registrant on behalf of an | 20 | | official that are returned or reimbursed prior to the | 21 | | deadline for submission of the report. | 22 | | (c)
A registrant who terminates employment or duties which | 23 | | required him to
register under this Act shall give the | 24 | | Secretary of State, within 30 days after
the date of such | 25 | | termination, written notice of such termination and shall
| 26 | | include therewith a report of the expenditures described |
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| 1 | | herein, covering the
period of time since the filing of his | 2 | | last report to the date of termination
of employment. Such | 3 | | notice and report shall be final and relieve such
registrant of | 4 | | further reporting under this Act, unless and until he later | 5 | | takes
employment or assumes duties requiring him to again | 6 | | register under this Act.
| 7 | | (d) Failure to file any such report within the time | 8 | | designated or the
reporting of incomplete information shall | 9 | | constitute a violation of this Act.
| 10 | | A registrant shall preserve for a period of 2 years all | 11 | | receipts and records
used in preparing reports under this Act.
| 12 | | (e) Within 30 days after a filing deadline or as provided | 13 | | by rule, the lobbyist shall notify each
official on whose | 14 | | behalf an expenditure has been reported. Notification shall
| 15 | | include the name of the registrant, the total amount of the | 16 | | expenditure, a description of the expenditure, the
date on | 17 | | which the expenditure occurred, and the subject matter of the | 18 | | lobbying
activity.
| 19 | | (f) A report for the period beginning January 1, 2010 and | 20 | | ending on June 30, 2010 shall be filed no later than July 15, | 21 | | 2010, and a report for the period beginning July 1, 2010 and | 22 | | ending on December 31, 2010 shall be filed no later than | 23 | | January 15, 2011. Beginning January 1, 2011, reports shall be | 24 | | filed semi-monthly as follows: (i) for the period beginning the | 25 | | first day of the month through the 15th day of the month, the | 26 | | report shall be filed no later than the 20th day of the month |
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| 1 | | and (ii) for the period beginning on the 16th day of the month | 2 | | through the last day of the month, the report shall be filed no | 3 | | later than the 5th day of the following month. A report filed | 4 | | under this Act is due in the Office of the Secretary of State | 5 | | no later than the close of business on the date on which it is | 6 | | required to be filed. | 7 | | (g) All reports filed under this Act shall be filed in a | 8 | | format or on forms prescribed by the Secretary of State.
| 9 | | (Source: P.A. 96-555, eff. 1-1-10; 96-1358, eff. 7-28-10.)
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