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Public Act 101-0595
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| SB1639 Enrolled | LRB101 11010 HLH 56204 b |
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Lobbyist Registration Act is amended by |
changing Sections 2, 5, and 7 as follows:
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(25 ILCS 170/2) (from Ch. 63, par. 172) |
Sec. 2. Definitions. As used in this Act, unless the |
context otherwise
requires: |
(a) "Person" means any individual, firm, partnership, |
committee,
association, corporation, or any other organization |
or group of persons. |
(b) "Expenditure" means a payment, distribution, loan, |
advance, deposit,
or gift of money or anything of value, and |
includes a contract, promise, or
agreement, whether or not |
legally enforceable, to make an expenditure, for
the ultimate |
purpose of influencing executive, legislative, or |
administrative
action, other than compensation as defined in |
subsection (d). |
(c) "Official" means: |
(1) the Governor, Lieutenant Governor, Secretary of |
State, Attorney
General, State Treasurer, and State |
Comptroller; |
(2) Chiefs of Staff for officials described in item |
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(1); |
(3) Cabinet members of any elected constitutional |
officer, including
Directors, Assistant Directors and |
Chief Legal Counsel or General Counsel; |
(4) Members of the General Assembly; and |
(5) Members of any board, commission, authority, or |
task force of the State authorized or created by State law |
or by executive order of the Governor. |
(d) "Compensation" means any money, thing of value or |
financial benefits
received or to be received in return for |
services rendered or to be
rendered, for lobbying as defined in |
subsection (e). |
Monies paid to members of the General Assembly by the State |
as
remuneration for performance of their Constitutional and |
statutory duties
as members of the General Assembly shall not |
constitute compensation as
defined by this Act. |
(e) "Lobby" and "lobbying"
means any communication with an |
official of the
executive or legislative branch of State |
government as defined in subsection
(c) for the ultimate |
purpose of influencing any executive, legislative, or
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administrative action. |
(f) "Influencing" means any communication, action, |
reportable
expenditure as prescribed in Section 6 or other |
means used to promote,
support, affect, modify, oppose or delay |
any executive, legislative or
administrative action or to |
promote goodwill with officials as defined in
subsection (c). |
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(g) "Executive action" means the proposal, drafting, |
development,
consideration, amendment, adoption, approval, |
promulgation, issuance,
modification, rejection or |
postponement by a State entity of a rule,
regulation, order, |
decision, determination, contractual arrangement, purchasing
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agreement or other quasi-legislative or quasi-judicial action |
or proceeding. |
(h) "Legislative action" means the development, drafting, |
introduction,
consideration, modification, adoption, |
rejection, review, enactment, or passage
or defeat of any bill, |
amendment, resolution, report, nomination,
administrative rule |
or other matter by either house of the General Assembly or
a |
committee thereof, or by a legislator. Legislative action also |
means the
action of the Governor in approving or vetoing any |
bill or portion thereof, and
the action of the Governor or any |
agency in the development of a proposal for
introduction in the |
legislature. |
(i) "Administrative action" means the execution or |
rejection of any rule,
regulation, legislative rule, standard, |
fee, rate, contractual arrangement,
purchasing agreement or |
other delegated legislative or quasi-legislative action
to be |
taken or withheld by any executive agency, department, board or
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commission of the State. |
(j) "Lobbyist" means any natural person who undertakes to |
lobby State government
as provided in subsection (e). |
(k) "Lobbying entity" means any entity that hires, retains, |
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employs, or compensates a natural person to lobby State |
government as provided in subsection (e).
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(l) "Authorized agent" means the person designated by an |
entity or lobbyist registered under this Act as the person |
responsible for submission and retention of reports required |
under this Act. |
(m) "Client" means any person or entity that provides |
compensation to a lobbyist to lobby State government as |
provided in subsection (e) of this Section. |
(n) "Client registrant" means a client who is required to |
register under this Act. |
(o) "Unit of local government" has the meaning ascribed to |
it in Section 1 of Article VII of the Illinois Constitution and |
also includes school districts and community college |
districts. |
(Source: P.A. 98-459, eff. 1-1-14.)
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(25 ILCS 170/5) |
Sec. 5. Lobbyist registration and disclosure. Every |
natural person and every entity required to
register under this |
Act shall
before any service
is performed which requires the |
natural person or entity to register, but in any event not
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later than 2 business days after being employed or retained, |
file in the Office of the
Secretary of State a statement in a |
format prescribed by the Secretary of State containing the
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following
information
with respect to each person or entity
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employing, retaining, or benefitting from the services of the |
natural person or entity required to register:
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(a) The registrant's name, permanent address, e-mail
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address, if any,
fax
number, if any, business telephone |
number, and temporary address, if the
registrant has a |
temporary address while lobbying.
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(a-5) If the registrant is an entity, the
information |
required under subsection (a) for each natural person |
associated with the
registrant who will be lobbying,
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regardless of whether lobbying is a significant part of his |
or her duties.
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(b) The name and address of the client or clients |
employing or retaining
the registrant to perform such |
services or on whose behalf the registrant appears.
If the |
client employing or retaining the registrant is a client |
registrant, the statement shall also include the name and |
address of the client or clients of the client registrant |
on whose behalf the registrant will be or anticipates |
performing services. |
(b-5) If the registrant employs or retains a |
sub-registrant, the statement shall include the name and |
address of the sub-registrant and identify the client or |
clients of the registrant on whose behalf the |
sub-registrant will be or is anticipated to be performing |
services. |
(c) A brief description of the executive, legislative, |
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or administrative
action in reference to which such service |
is to be rendered.
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(c-5) Each executive and legislative branch agency the |
registrant
expects
to lobby during the registration |
period.
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(c-6) The nature of the client's business, by |
indicating all
of the following categories that apply: (1) |
banking and financial services, (2)
manufacturing, (3) |
education, (4) environment, (5) healthcare, (6)
insurance, |
(7) community interests, (8) labor, (9) public relations or
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advertising, (10) marketing or sales, (11) hospitality, |
(12) engineering,
(13) information or technology products |
or services, (14) social services,
(15) public utilities, |
(16) racing or wagering, (17) real estate or
construction, |
(18) telecommunications, (19) trade or professional
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association, (20) travel or tourism, (21) transportation, |
(22) agriculture, and (23) other
(setting forth the nature |
of that other business).
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(d) A confirmation that the registrant has a sexual |
harassment policy as required by Section 4.7, that such |
policy shall be made available to any individual within 2 |
business days upon written request (including electronic |
requests), that any person may contact the authorized agent |
of the registrant to report allegations of sexual |
harassment, and that the registrant recognizes the |
Inspector General has jurisdiction to review any |
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allegations of sexual harassment alleged against the |
registrant or lobbyists hired by the registrant. |
(e) Each unit of local government in this State for |
which the registrant is or expects to be required to |
register to lobby the local government during the |
registration period. "Lobby" shall have the meaning |
ascribed to it by the relevant unit of local government. |
(f) Each elected or appointed public office in this |
State to be held by the registrant at any time during the |
registration period. |
Every natural person and every entity required to register |
under this Act shall annually submit the registration required |
by this Section on or before each January 31. The registrant |
has a continuing duty to report any substantial change or |
addition to the information contained in the registration.
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Registrants registered as of the effective date of this |
amendatory Act of the 101st General Assembly shall update their |
registration to add the information required under subsections |
(b-5), (e), and (f), if applicable, within 30 days after the |
effective date of this amendatory Act of the 101st General |
Assembly. |
The Secretary of State shall make all filed statements and |
amendments to statements publicly available by means of a |
searchable database that is accessible through the World Wide |
Web. The Secretary of State shall provide all software |
necessary to comply with this provision to all natural persons |
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and entities required to file. The Secretary of State shall |
implement a plan to provide computer access and assistance to |
natural persons and entities required to file electronically. |
All natural persons
and entities required to register under |
this Act shall remit a single, annual, and
nonrefundable $300 |
registration fee. Each natural person required to register
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under this Act shall submit, on an annual basis, a picture of |
the registrant. A registrant may, in lieu of submitting a
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picture on an annual basis, authorize the Secretary of State to |
use any photo
identification available in any database |
maintained by the Secretary of State
for other purposes. Each |
registration fee collected for registrations on
or after |
January 1, 2010 shall be deposited into the Lobbyist
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Registration Administration Fund for administration and |
enforcement
of this
Act.
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(Source: P.A. 100-554, eff. 11-16-17.)
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(25 ILCS 170/7) (from Ch. 63, par. 177) |
Sec. 7. Duties of the Secretary of State.
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(a) It shall be the duty of the Secretary of State to |
provide appropriate
forms for the registration and reporting of |
information required by this
Act and to keep such registrations |
and reports on file in his office for 3
years from the date of |
filing. He shall also provide and maintain a
register with |
appropriate blanks and indexes so that the information
required |
in Sections 5 and 6 of this Act may be accordingly entered. |
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Such
records shall be considered public information and open to |
public
inspection.
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(b) Within 5 business days after a filing deadline, the |
Secretary of State shall notify
persons he determines are |
required to file but have failed to do so.
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(c) The Secretary of State shall provide adequate software |
to the persons required to file under this Act, and all |
registrations, reports, statements, and amendments required to |
be filed shall be filed electronically.
The Secretary of
State |
shall promptly make all filed reports publicly available by |
means of a
searchable database that is accessible through the |
World Wide Web. The
Secretary of State shall provide all |
software necessary to comply with this
provision to all persons |
required to file. The Secretary of State shall
implement a plan |
to provide computer access and assistance to persons
required |
to file electronically. |
(d) The Secretary of State shall include registrants'
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pictures when publishing
or posting on his or her website the |
information required in Section 5.
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(d-5) Within 90 days after the effective date of this |
amendatory Act of the 101st General Assembly, the Secretary of |
State shall create a publicly accessible and searchable |
database bringing together disclosures by registered lobbyists |
under this Act, contributions by registered lobbyists required |
to be disclosed under the Election Code, and statements of |
economic interests required to be filed by State officials and |