98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2943

 

Introduced , by Rep. Scott Drury

 

SYNOPSIS AS INTRODUCED:
 
25 ILCS 170/2  from Ch. 63, par. 172
25 ILCS 170/5
25 ILCS 170/6  from Ch. 63, par. 176

    Amends the Lobbyist Registration Act. Requires a registrant whose client is another registrant to disclose the name and address of the ultimate beneficiary of the registrant's services. Requires a registrant whose client is another registrant to include in expenditure reports the name and address of the ultimate beneficiary of the expenditure.


LRB098 09245 JDS 41456 b

 

 

A BILL FOR

 

HB2943LRB098 09245 JDS 41456 b

1    AN ACT concerning 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 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
8context otherwise requires:
9    (a) "Person" means any individual, firm, partnership,
10committee, association, corporation, or any other organization
11or group of persons.
12    (b) "Expenditure" means a payment, distribution, loan,
13advance, deposit, or gift of money or anything of value, and
14includes a contract, promise, or agreement, whether or not
15legally enforceable, to make an expenditure, for the ultimate
16purpose of influencing executive, legislative, or
17administrative action, other than compensation as defined in
18subsection (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

 

 

HB2943- 2 -LRB098 09245 JDS 41456 b

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
10financial benefits received or to be received in return for
11services rendered or to be rendered, for lobbying as defined in
12subsection (e).
13    Monies paid to members of the General Assembly by the State
14as remuneration for performance of their Constitutional and
15statutory duties as members of the General Assembly shall not
16constitute compensation as defined by this Act.
17    (e) "Lobby" and "lobbying" means any communication with an
18official of the executive or legislative branch of State
19government as defined in subsection (c) for the ultimate
20purpose of influencing any executive, legislative, or
21administrative action.
22    (f) "Influencing" means any communication, action,
23reportable expenditure as prescribed in Section 6 or other
24means used to promote, support, affect, modify, oppose or delay
25any executive, legislative or administrative action or to
26promote goodwill with officials as defined in subsection (c).

 

 

HB2943- 3 -LRB098 09245 JDS 41456 b

1    (g) "Executive action" means the proposal, drafting,
2development, consideration, amendment, adoption, approval,
3promulgation, issuance, modification, rejection or
4postponement by a State entity of a rule, regulation, order,
5decision, determination, contractual arrangement, purchasing
6agreement or other quasi-legislative or quasi-judicial action
7or proceeding.
8    (h) "Legislative action" means the development, drafting,
9introduction, consideration, modification, adoption,
10rejection, review, enactment, or passage or defeat of any bill,
11amendment, resolution, report, nomination, administrative rule
12or other matter by either house of the General Assembly or a
13committee thereof, or by a legislator. Legislative action also
14means the action of the Governor in approving or vetoing any
15bill or portion thereof, and the action of the Governor or any
16agency in the development of a proposal for introduction in the
17legislature.
18    (i) "Administrative action" means the execution or
19rejection of any rule, regulation, legislative rule, standard,
20fee, rate, contractual arrangement, purchasing agreement or
21other delegated legislative or quasi-legislative action to be
22taken or withheld by any executive agency, department, board or
23commission of the State.
24    (j) "Lobbyist" means any natural person who undertakes to
25lobby State government as provided in subsection (e).
26    (k) "Lobbying entity" means any entity that hires, retains,

 

 

HB2943- 4 -LRB098 09245 JDS 41456 b

1employs, or compensates a natural person to lobby State
2government as provided in subsection (e).
3    (l) "Authorized agent" means the person designated by an
4entity or lobbyist registered under this Act as the person
5responsible for submission and retention of reports required
6under this Act.
7    (m) "Client" means any person or entity that provides
8compensation to a lobbyist to lobby State government as
9provided in subsection (e) of this Section.
10    (n) "Client registrant" means a client who is required to
11register 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
15natural person and every entity required to register under this
16Act shall before any service is performed which requires the
17natural person or entity to register, but in any event not
18later than 2 business days after being employed or retained,
19file in the Office of the Secretary of State a statement in a
20format prescribed by the Secretary of State containing the
21following information with respect to each person or entity
22employing, or retaining, or benefitting from the services of
23the 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

 

 

HB2943- 5 -LRB098 09245 JDS 41456 b

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

 

 

HB2943- 6 -LRB098 09245 JDS 41456 b

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
10under this Act shall annually submit the registration required
11by this Section on or before each January 31. The registrant
12has a continuing duty to report any substantial change or
13addition to the information contained in the registration.
14    The Secretary of State shall make all filed statements and
15amendments to statements publicly available by means of a
16searchable database that is accessible through the World Wide
17Web. The Secretary of State shall provide all software
18necessary to comply with this provision to all natural persons
19and entities required to file. The Secretary of State shall
20implement a plan to provide computer access and assistance to
21natural persons and entities required to file electronically.
22    All natural persons and entities required to register under
23this Act shall remit a single, annual, and nonrefundable $300
24registration fee. Each natural person required to register
25under this Act shall submit, on an annual basis, a picture of
26the registrant. A registrant may, in lieu of submitting a

 

 

HB2943- 7 -LRB098 09245 JDS 41456 b

1picture on an annual basis, authorize the Secretary of State to
2use any photo identification available in any database
3maintained by the Secretary of State for other purposes. Each
4registration fee collected for registrations on or after
5January 1, 2010 shall be deposited into the Lobbyist
6Registration Administration Fund for administration and
7enforcement 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
12Section, every lobbyist registered under this Act who is solely
13employed by a lobbying entity shall file an affirmation,
14verified under oath pursuant to Section 1-109 of the Code of
15Civil Procedure, with the Secretary of State attesting to the
16accuracy of any reports filed pursuant to subsection (b) as
17those reports pertain to work performed by the lobbyist. Any
18lobbyist registered under this Act who is not solely employed
19by a lobbying entity shall personally file reports required of
20lobbying entities pursuant to subsection (b). A lobbyist may,
21if authorized so to do by a lobbying entity by whom he or she is
22employed or retained, file lobbying entity reports pursuant to
23subsection (b) provided that the lobbying entity may delegate
24the filing of the lobbying entity report to only one lobbyist
25in any reporting period.

 

 

HB2943- 8 -LRB098 09245 JDS 41456 b

1    (b) Lobbying entity reports. Every lobbying entity
2registered under this Act shall report expenditures related to
3lobbying. The report shall itemize each individual expenditure
4or transaction and shall include the name of the official on
5whose behalf the expenditure was made, the name of the client
6if the expenditure was made on behalf of a client, the total
7amount of the expenditure, a description of the expenditure,
8the vendor or purveyor to whom the expenditure was made
9(including the address or location of the expenditure), the
10date on which the expenditure occurred and the subject matter
11of the lobbying activity, if any. For those expenditures made
12on behalf of a client, if the client is a client registrant,
13the report shall also include the name and address of the
14client or clients of the client registrant or the official or
15officials on whose behalf the expenditure ultimately was made.
16Each expenditure required to be reported shall include all
17expenses made for or on behalf of an official or his or her
18immediate family member living with the official.
19    (b-1) The report shall include any change or addition to
20the client list information, required in Section 5 for
21registration, since the last report, including the names and
22addresses of all clients who retained the lobbying entity
23together with an itemized description for each client of the
24following: (1) lobbying regarding executive action, including
25the name of any executive agency lobbied and the subject
26matter; (2) lobbying regarding legislative action, including

 

 

HB2943- 9 -LRB098 09245 JDS 41456 b

1the General Assembly and any other agencies lobbied and the
2subject matter; and (3) lobbying regarding administrative
3action, including the agency lobbied and the subject matter.
4Registrants who made no reportable expenditures during a
5reporting period shall file a report stating that no
6expenditures were incurred.
7    (b-2) Expenditures attributable to lobbying officials
8shall be listed and reported according to the following
9categories:
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,
26benefits and other large gatherings held for purposes of

 

 

HB2943- 10 -LRB098 09245 JDS 41456 b

1goodwill or otherwise to influence executive, legislative or
2administrative action to which there are 25 or more State
3officials invited shall be reported listing only the total
4amount of the expenditure, the date of the event, and the
5estimated number of officials in attendance.
6    (b-7) Matters excluded from reports. The following items
7need 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
23required him to register under this Act shall give the
24Secretary of State, within 30 days after the date of such
25termination, written notice of such termination and shall
26include therewith a report of the expenditures described

 

 

HB2943- 11 -LRB098 09245 JDS 41456 b

1herein, covering the period of time since the filing of his
2last report to the date of termination of employment. Such
3notice and report shall be final and relieve such registrant of
4further reporting under this Act, unless and until he later
5takes employment or assumes duties requiring him to again
6register under this Act.
7    (d) Failure to file any such report within the time
8designated or the reporting of incomplete information shall
9constitute a violation of this Act.
10    A registrant shall preserve for a period of 2 years all
11receipts and records used in preparing reports under this Act.
12    (e) Within 30 days after a filing deadline or as provided
13by rule, the lobbyist shall notify each official on whose
14behalf an expenditure has been reported. Notification shall
15include the name of the registrant, the total amount of the
16expenditure, a description of the expenditure, the date on
17which the expenditure occurred, and the subject matter of the
18lobbying activity.
19    (f) A report for the period beginning January 1, 2010 and
20ending on June 30, 2010 shall be filed no later than July 15,
212010, and a report for the period beginning July 1, 2010 and
22ending on December 31, 2010 shall be filed no later than
23January 15, 2011. Beginning January 1, 2011, reports shall be
24filed semi-monthly as follows: (i) for the period beginning the
25first day of the month through the 15th day of the month, the
26report shall be filed no later than the 20th day of the month

 

 

HB2943- 12 -LRB098 09245 JDS 41456 b

1and (ii) for the period beginning on the 16th day of the month
2through the last day of the month, the report shall be filed no
3later than the 5th day of the following month. A report filed
4under this Act is due in the Office of the Secretary of State
5no later than the close of business on the date on which it is
6required to be filed.
7    (g) All reports filed under this Act shall be filed in a
8format 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.)