102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0129

 

Introduced 1/14/2021, by Rep. Joyce Mason

 

SYNOPSIS AS INTRODUCED:
 
25 ILCS 170/3  from Ch. 63, par. 173

    Amends the Lobbyist Registration Act. Provides that any natural person who, for compensation or other pecuniary interest, communicates with any unit of local government for the ultimate purpose of influencing official action of the unit of local government concerning an automated traffic law enforcement system, or any person or entity who employs or compensates another person for the purposes of such communications, shall register as a lobbyist under the Act. Specifies that the provisions do not apply to communications made to judicial bodies or administrative courts regarding the prosecution or defense of specified alleged violations. Defines "automated traffic law enforcement system".


LRB102 03705 RJF 13718 b

 

 

A BILL FOR

 

HB0129LRB102 03705 RJF 13718 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
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
10any person or entity who employs or compensates another person
11for the purposes of lobbying, shall register with the
12Secretary of State as provided in this Act, unless that person
13or entity qualifies for one or more of the following
14exemptions.
15        (1) Persons or entities who, for the purpose of
16    influencing any executive, legislative, or administrative
17    action and who do not make expenditures that are
18    reportable pursuant to Section 6, appear without
19    compensation or promise thereof only as witnesses before
20    committees of the House and Senate for the purpose of
21    explaining or arguing for or against the passage of or
22    action upon any legislation then pending before those
23    committees, or who seek without compensation or promise

 

 

HB0129- 2 -LRB102 03705 RJF 13718 b

1    thereof the approval or veto of any legislation by the
2    Governor.
3        (1.4) A unit of local government or a school district.
4        (1.5) An elected or appointed official or an employee
5    of a unit of local government or school district who, in
6    the scope of his or her public office or employment, seeks
7    to influence executive, legislative, or administrative
8    action exclusively on behalf of that unit of local
9    government or school district.
10        (2) Persons or entities who own, publish, or are
11    employed by a newspaper or other regularly published
12    periodical, or who own or are employed by a radio station,
13    television station, or other bona fide news medium that in
14    the ordinary course of business disseminates news,
15    editorial or other comment, or paid advertisements that
16    directly urge the passage or defeat of legislation. This
17    exemption is not applicable to such an individual insofar
18    as he or she receives additional compensation or expenses
19    from some source other than the bona fide news medium for
20    the purpose of influencing executive, legislative, or
21    administrative action. This exemption does not apply to
22    newspapers and periodicals owned by or published by trade
23    associations and not-for-profit corporations engaged
24    primarily in endeavors other than dissemination of news.
25        (3) Persons or entities performing professional
26    services in drafting bills or in advising and rendering

 

 

HB0129- 3 -LRB102 03705 RJF 13718 b

1    opinions to clients as to the construction and effect of
2    proposed or pending legislation when those professional
3    services are not otherwise, directly or indirectly,
4    connected with executive, legislative, or administrative
5    action.
6        (4) Persons or entities who are employees of
7    departments, divisions, or agencies of State government
8    and who appear before committees of the House and Senate
9    for the purpose of explaining how the passage of or action
10    upon any legislation then pending before those committees
11    will affect those departments, divisions, or agencies of
12    State government.
13        (5) Employees of the General Assembly, legislators,
14    legislative agencies, and legislative commissions who, in
15    the course of their official duties only, engage in
16    activities that otherwise qualify as lobbying.
17        (6) Persons or entities in possession of technical
18    skills and knowledge relevant to certain areas of
19    executive, legislative, or administrative actions, whose
20    skills and knowledge would be helpful to officials when
21    considering those actions, whose activities are limited to
22    making occasional appearances for or communicating on
23    behalf of a registrant, and who do not make expenditures
24    that are reportable pursuant to Section 6 even though
25    receiving expense reimbursement for those occasional
26    appearances.

 

 

HB0129- 4 -LRB102 03705 RJF 13718 b

1        (7) Any full-time employee of a bona fide church or
2    religious organization who represents that organization
3    solely for the purpose of protecting the right of the
4    members thereof to practice the religious doctrines of
5    that church or religious organization, or any such bona
6    fide church or religious organization.
7        (8) Persons or entities that receive no compensation
8    other than reimbursement for expenses of up to $500 per
9    year while engaged in lobbying State government, unless
10    those persons make expenditures that are reportable under
11    Section 6.
12        (9) Any attorney or group or firm of attorneys in the
13    course of representing a client in any administrative or
14    judicial proceeding, or any witness providing testimony in
15    any administrative or judicial proceeding, in which ex
16    parte communications are not allowed and who does not make
17    expenditures that are reportable pursuant to Section 6.
18        (9.5) Any attorney or group or firm of attorneys in
19    the course of representing a client in an administrative
20    or executive action involving a contractual or purchasing
21    arrangement and who does not make expenditures that are
22    reportable pursuant to Section 6.
23        (10) Persons or entities who, in the scope of their
24    employment as a vendor, offer or solicit an official for
25    the purchase of any goods or services when (1) the
26    solicitation is limited to either an oral inquiry or

 

 

HB0129- 5 -LRB102 03705 RJF 13718 b

1    written advertisements and informative literature; or (2)
2    the goods and services are subject to competitive bidding
3    requirements of the Illinois Procurement Code; or (3) the
4    goods and services are for sale at a cost not to exceed
5    $5,000; and (4) the persons or entities do not make
6    expenditures that are reportable under Section 6.
7    (a-5) Except as provided in Section 9, any natural person
8who, for compensation or other pecuniary interest,
9communicates with any unit of local government for the
10ultimate purpose of influencing official action of the unit of
11local government concerning an automated traffic law
12enforcement system, or any person or entity who employs or
13compensates another person for the purposes of such
14communications, shall register with the Secretary of State as
15provided in this Act. This subsection (a-5) shall not apply to
16communications made to judicial bodies or administrative
17courts regarding the prosecution or defense of alleged
18violations of Section 11-306 of the Illinois Vehicle Code or
19similar local ordinances obtained by the unit of local
20government through automated traffic law enforcement systems.
21For the purposes of this subsection (a-5), "automated traffic
22law enforcement system" has the same meaning as provided under
23Section 11-208.6 of the Illinois Vehicle Code.
24    (b) It is a violation of this Act to engage in lobbying or
25to employ any person for the purpose of lobbying who is not
26registered with the Office of the Secretary of State, except

 

 

HB0129- 6 -LRB102 03705 RJF 13718 b

1upon condition that the person register and the person does in
2fact register within 2 business days after being employed or
3retained for lobbying services.
4    (c) The Secretary shall promulgate a rule establishing a
5list of the entities required to register under this Act,
6including the name of each board, commission, authority, or
7task force. The Secretary may require a person or entity
8claiming an exemption under this Section to certify the person
9or entity is not required to register under this Act. Nothing
10prohibits the Secretary from rejecting a certification and
11requiring a person or entity to register.
12(Source: P.A. 96-555, eff. 1-1-10; 96-1358, eff. 7-28-10.)