Illinois General Assembly - Full Text of HB2205
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Full Text of HB2205  93rd General Assembly

HB2205enr 93rd General Assembly


093_HB2205enr

 
HB2205 Enrolled                      LRB093 10485 JAM 10739 b

 1        AN ACT concerning lobbyists.

 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 6 and 6.5 as follows:

 6        (25 ILCS 170/6) (from Ch. 63, par. 176)
 7        Sec. 6. Reports.
 8        (a)  Except as otherwise provided in this Section,  every
 9    person  required to register as prescribed in Section 3 shall
10    report under oath to the Secretary of State all  expenditures
11    for  lobbying  made or incurred by the lobbyist on his behalf
12    or the  behalf  of  his  employer.   In  the  case  where  an
13    individual  is  solely  employed by another person to perform
14    job related functions any part of  which  includes  lobbying,
15    the  employer shall be responsible for reporting all lobbying
16    expenditures incurred on the employer's behalf  as  shall  be
17    identified  by  the  lobbyist  to the employer preceding such
18    report.  Persons who contract with another person to  perform
19    lobbying  activities  shall  be responsible for reporting all
20    lobbying expenditures incurred on the employer's behalf.  Any
21    additional  lobbying  expenses incurred by the employer which
22    are separate and apart from those incurred by the contractual
23    employee shall be reported by the employer.
24        (b)  The report shall itemize each individual expenditure
25    or transaction over $100 and shall include the  name  of  the
26    official  on  whose behalf the expenditure was made, the name
27    of the client on whose behalf the expenditure was  made,  the
28    total  amount  of  the  expenditure,  the  date  on which the
29    expenditure occurred and the subject matter of  the  lobbying
30    activity, if any.
31        Expenditures  attributable to lobbying officials shall be
 
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 1    listed and reported according to the following categories:
 2             (1)  travel and lodging on behalf of others.
 3             (2)  meals, beverages and other entertainment.
 4             (3)  gifts.
 5             (4)  honoraria.
 6        Individual  expenditures  required  to  be  reported   as
 7    described  herein  which  are  equal  to or less than $100 in
 8    value need not be itemized but are required to be categorized
 9    and reported by officials in an aggregate total in  a  manner
10    prescribed by rule of the Secretary of State.
11        Expenditures  incurred  for  hosting receptions, benefits
12    and other large gatherings held for purposes of  goodwill  or
13    otherwise    to    influence    executive,   legislative   or
14    administrative action to which there are  25  or  more  State
15    officials  invited  shall  be reported listing only the total
16    amount of the expenditure, the date of  the  event,  and  the
17    estimated number of officials in attendance.
18        Each individual expenditure required to be reported shall
19    include all expenses made for or on behalf of State officials
20    and members of the immediate family of those persons.
21        The  category  travel  and  lodging  includes, but is not
22    limited to, all travel and living accommodations made for  or
23    on  behalf  of State officials in the capital during sessions
24    of the General Assembly.
25        Reasonable  and  bona  fide  expenditures  made  by   the
26    registrant  who  is  a member of a legislative or State study
27    commission or committee while attending and participating  in
28    meetings  and  hearings  of such commission or committee need
29    not be reported.
30        Reasonable  and  bona  fide  expenditures  made  by   the
31    registrant  for  personal sustenance, lodging, travel, office
32    expenses and clerical or support staff need not be reported.
33        Salaries,  fees,  and  other  compensation  paid  to  the
34    registrant for the purposes of lobbying need not be reported.
 
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 1        Any contributions required to be reported under Article 9
 2    of the Election Code need not be reported.
 3        Except as otherwise provided in  this  subsection,  gifts
 4    and honoraria returned or reimbursed to the registrant within
 5    30 days of the date of receipt shall need not be reported.
 6        A  gift  or  honorarium  returned  or  reimbursed  to the
 7    registrant within 10 days after the official receives a  copy
 8    of  a report pursuant to Section 6.5 shall not be included in
 9    the final report unless the registrant informed the official,
10    contemporaneously with the receipt of the gift or honorarium,
11    that such gift or  honorarium  is  a  reportable  expenditure
12    pursuant to this Act.
13        (c)  Reports  under  this  Section shall be filed by July
14    31, for expenditures from the previous January 1 through  the
15    later  of  June  30  or  the final day of the regular General
16    Assembly session, and by January 31,  for  expenditures  from
17    the entire previous calendar year.
18        Registrants  who made no reportable expenditures during a
19    reporting  period  shall  file  a  report  stating  that   no
20    expenditures  were  incurred.  Such reports shall be filed in
21    accordance  with  the  deadlines  as   prescribed   in   this
22    subsection.
23        A  registrant  who  terminates employment or duties which
24    required him to  register  under  this  Act  shall  give  the
25    Secretary  of  State,  within  30 days after the date of such
26    termination, written notice of  such  termination  and  shall
27    include  therewith  a  report  of  the expenditures described
28    herein, covering the period of time since the filing  of  his
29    last  report  to  the date of termination of employment. Such
30    notice and report shall be final and relieve such  registrant
31    of  further  reporting  under  this  Act, unless and until he
32    later takes employment or assumes  duties  requiring  him  to
33    again register under this Act.
34        (d)  Failure  to  file  any  such  report within the time
 
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 1    designated or the reporting of incomplete  information  shall
 2    constitute a violation of this Act.
 3        A  registrant  shall preserve for a period of 2 years all
 4    receipts and records used in  preparing  reports  under  this
 5    Act.
 6        (e)  Within 30 days after a filing deadline, the lobbyist
 7    shall notify each official on whose behalf an expenditure has
 8    been  reported.   Notification  shall include the name of the
 9    registrant, the total amount of the expenditure, the date  on
10    which the expenditure occurred, and the subject matter of the
11    lobbying activity.
12    (Source: P.A. 90-78, eff. 1-1-98.)

13        (25 ILCS 170/6.5)
14        Sec. 6.5.  Response to report by official.
15        (a)  Every  person  required to register as prescribed in
16    Section 3 and required to file a report with the Secretary of
17    State as prescribed in Section 6  shall,  at  least  25  days
18    before  the deadline for filing the report, provide a copy of
19    the report to each official listed in  the  report  by  first
20    class mail or hand delivery.  An official may, within 10 days
21    after  receiving  the  copy  of  the  report, provide written
22    objections to the report by first class mail or hand delivery
23    to the person required to file the report.  If those  written
24    objections  conflict with the final report that is filed, the
25    written objections shall be filed along with the report.
26        (b)  Failure to provide  a  copy  of  the  report  to  an
27    official  listed  in the report within the time designated in
28    this Section is a violation of this Act.
29    (Source: P.A. 90-737, eff. 1-1-99.)