Rep. Scott Drury

Filed: 3/5/2014

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 4317

2    AMENDMENT NO. ______. Amend House Bill 4317 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Lobbyist Registration Act is amended by
5changing Section 3 as follows:
 
6    (25 ILCS 170/3)  (from Ch. 63, par. 173)
7    Sec. 3. Persons required to register.
8    (a) Except as provided in Section 9, any natural person
9who, for compensation or otherwise, undertakes to lobby, or any
10person or entity who employs or compensates another person for
11the purposes of lobbying, shall register with the Secretary of
12State as provided in this Act, unless that person or entity
13qualifies for one or more of the following exemptions.
14        (1) Persons or entities who, for the purpose of
15    influencing any executive, legislative, or administrative
16    action and who do not make expenditures that are reportable

 

 

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1    pursuant to Section 6, appear without compensation or
2    promise thereof only as witnesses before committees of the
3    House and Senate for the purpose of explaining or arguing
4    for or against the passage of or action upon any
5    legislation then pending before those committees, or who
6    seek without compensation or promise thereof the approval
7    or veto of any legislation by the Governor.
8        (1.4) A unit of local government or a school district.
9        (1.5) An elected or appointed official or an employee
10    of a unit of local government or school district who, in
11    the scope of his or her public office or employment, seeks
12    to influence executive, legislative, or administrative
13    action exclusively on behalf of that unit of local
14    government or school district.
15        (2) Persons or entities who own, publish, or are
16    employed by a newspaper or other regularly published
17    periodical, or who own or are employed by a radio station,
18    television station, or other bona fide news medium that in
19    the ordinary course of business disseminates news,
20    editorial or other comment, or paid advertisements that
21    directly urge the passage or defeat of legislation. This
22    exemption is not applicable to such an individual insofar
23    as he or she receives additional compensation or expenses
24    from some source other than the bona fide news medium for
25    the purpose of influencing executive, legislative, or
26    administrative action. This exemption does not apply to

 

 

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1    newspapers and periodicals owned by or published by trade
2    associations and not-for-profit corporations engaged
3    primarily in endeavors other than dissemination of news.
4        (3) Persons or entities performing professional
5    services in drafting bills or in advising and rendering
6    opinions to clients as to the construction and effect of
7    proposed or pending legislation when those professional
8    services are not otherwise, directly or indirectly,
9    connected with executive, legislative, or administrative
10    action.
11        (4) Persons or entities who are employees of
12    departments, divisions, or agencies of State government
13    and who appear before committees of the House and Senate
14    for the purpose of explaining how the passage of or action
15    upon any legislation then pending before those committees
16    will affect those departments, divisions, or agencies of
17    State government.
18        (5) Employees of the General Assembly, legislators,
19    legislative agencies, and legislative commissions who, in
20    the course of their official duties only, engage in
21    activities that otherwise qualify as lobbying.
22        (6) Persons or entities in possession of technical
23    skills and knowledge relevant to certain areas of
24    executive, legislative, or administrative actions, whose
25    skills and knowledge would be helpful to officials when
26    considering those actions, whose activities are limited to

 

 

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1    making occasional appearances for or communicating on
2    behalf of a registrant, and who do not make expenditures
3    that are reportable pursuant to Section 6 even though
4    receiving expense reimbursement for those occasional
5    appearances.
6        (7) Any full-time employee of a bona fide church or
7    religious organization who represents that organization
8    solely for the purpose of protecting the right of the
9    members thereof to practice the religious doctrines of that
10    church or religious organization, or any such bona fide
11    church or religious organization.
12        (8) Persons or entities that receive no compensation
13    other than reimbursement for expenses of up to $500 per
14    year while engaged in lobbying State government, unless
15    those persons make expenditures that are reportable under
16    Section 6.
17        (9) Any attorney or group or firm of attorneys in the
18    course of representing a client in any administrative or
19    judicial proceeding, or any witness providing testimony in
20    any administrative or judicial proceeding, in which ex
21    parte communications are not allowed and who does not make
22    expenditures that are reportable pursuant to Section 6.
23        (9.5) Any attorney or group or firm of attorneys in the
24    course of representing a client in an administrative or
25    executive action involving a contractual or purchasing
26    arrangement and who does not make expenditures that are

 

 

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1    reportable pursuant to Section 6.
2        (10) Persons or entities who, in the scope of their
3    employment as a vendor, offer or solicit an official for
4    the purchase of any goods or services when (1) the
5    solicitation is limited to either an oral inquiry or
6    written advertisements and informative literature; or (2)
7    the goods and services are subject to competitive bidding
8    requirements of the Illinois Procurement Code; or (3) the
9    goods and services are for sale at a cost not to exceed
10    $5,000; and (4) the persons or entities do not make
11    expenditures that are reportable under Section 6.
12    (b) It is a violation of this Act to engage in lobbying or
13to employ any person for the purpose of lobbying who is not
14registered with the Office of the Secretary of State, except
15upon condition that the person register and the person does in
16fact register within 2 business days after being employed or
17retained for lobbying services.
18    (c) The Secretary shall promulgate a rule establishing a
19list of the entities required to register under this Act,
20including the name of each board, commission, authority, or
21task force. The Secretary may require a person or entity
22claiming an exemption under this Section to certify the person
23or entity is not required to register under this Act. Nothing
24prohibits the Secretary from rejecting a certification and
25requiring a person or entity to register.
26(Source: P.A. 96-555, eff. 1-1-10; 96-1358, eff. 7-28-10.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".