98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2957

 

Introduced 2/26/2013, by Rep. Scott Drury

 

SYNOPSIS AS INTRODUCED:
 
25 ILCS 170/2  from Ch. 63, par. 172
25 ILCS 170/3  from Ch. 63, par. 173
25 ILCS 170/10  from Ch. 63, par. 180

    Amends the Lobbyist Registration Act. Expands the definition of lobbying to include communications with government employees and attempts to persuade local government officials. Pre-empts home rule authorities from defining the act of "lobbying" in a manner inconsistent with the State's definition. Prohibits family members of legislators and persons with whom a legislator or State employee maintains a close economic relationship from lobbying for compensation. Provides that a violation of this prohibition is guilty of a Class A misdemeanor with a fine equal to five times the total compensation earned in violation of this Section.


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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 Sections 2, 3, and 10 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

 

 

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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 or employee of the executive or legislative branch of
19any body of State government within the State of Illinois,
20including but not limited to the General Assembly and any unit
21of local government, as defined in subsection (c) for the
22ultimate purpose of influencing any executive, legislative, or
23administrative action. A home rule unit may not define "lobby"
24or "lobbying" in a manner inconsistent with this definition.
25This subsection is a limitation under subsection (i) of Section
266 of Article VII of the Illinois constitution on the concurrent

 

 

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1exercise by home rule units of powers and functions exercised
2by the State.
3    (f) "Influencing" means any communication, action,
4reportable expenditure as prescribed in Section 6 or other
5means used to promote, support, affect, modify, oppose or delay
6any executive, legislative or administrative action or to
7promote goodwill with officials as defined in subsection (c).
8    (g) "Executive action" means the proposal, drafting,
9development, consideration, amendment, adoption, approval,
10promulgation, issuance, modification, rejection or
11postponement by a State entity of a rule, regulation, order,
12decision, determination, contractual arrangement, purchasing
13agreement or other quasi-legislative or quasi-judicial action
14or proceeding.
15    (h) "Legislative action" means the development, drafting,
16introduction, consideration, modification, adoption,
17rejection, review, enactment, or passage or defeat of any bill,
18amendment, resolution, report, nomination, administrative rule
19or other matter by either house of the General Assembly or a
20committee thereof, or by a legislator. Legislative action also
21means the action of the Governor in approving or vetoing any
22bill or portion thereof, and the action of the Governor or any
23agency in the development of a proposal for introduction in the
24legislature.
25    (i) "Administrative action" means the execution or
26rejection of any rule, regulation, legislative rule, standard,

 

 

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1fee, rate, contractual arrangement, purchasing agreement or
2other delegated legislative or quasi-legislative action to be
3taken or withheld by any executive agency, department, board or
4commission of the State.
5    (j) "Lobbyist" means any natural person who undertakes to
6lobby State government as provided in subsection (e).
7    (k) "Lobbying entity" means any entity that hires, retains,
8employs, or compensates a natural person to lobby State
9government as provided in subsection (e).
10    (l) "Authorized agent" means the person designated by an
11entity or lobbyist registered under this Act as the person
12responsible for submission and retention of reports required
13under this Act.
14    (m) "Employee" means (i) any person employed full-time,
15part-time, or pursuant to a contract and whose employment
16duties are subject to the direction and control of an employer
17with regard to the material details of how the work is to be
18performed; or (ii) any appointed or elected commissioner,
19trustee, director, or board member of a board of a State
20agency, including any retirement system or investment board
21subject to the Illinois Pension Code; or (iii) any other
22appointee.
23    (n) "Family member" means those people related to a
24legislator as spouse, civil union partner, parent, child,
25stepchild, adopted child, son-in-law, daughter-in-law,
26father-in-law, mother-in-law, brother, sister, brother-in-law,

 

 

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1sister-in-law, grandparent, grandchild or any other person
2legally related to the legislator and living at the same
3address as the legislator as reflected in records maintained by
4the Secretary of State.
5    (o) "Person with whom the official or State employee
6maintains a close economic association" means a person
7associated with the official or employee in a partnership,
8association or professional service corporation, whether as a
9partner, officer, employee, associate, or otherwise.
10(Source: P.A. 96-555, eff. 1-1-10; 96-1358, eff. 7-28-10.)
 
11    (25 ILCS 170/3)  (from Ch. 63, par. 173)
12    Sec. 3. Persons required to register; persons prohibited
13from lobbying.
14    (a) Except as provided in Section 9, any natural person
15who, for compensation or otherwise, undertakes to lobby, or any
16person or entity who employs or compensates another person for
17the purposes of lobbying, shall register with the Secretary of
18State as provided in this Act, unless that person or entity
19qualifies for one or more of the following exemptions.
20        (1) Persons or entities who, for the purpose of
21    influencing any executive, legislative, or administrative
22    action and who do not make expenditures that are reportable
23    pursuant to Section 6, appear without compensation or
24    promise thereof only as witnesses before committees of the
25    House and Senate for the purpose of explaining or arguing

 

 

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

 

 

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

 

 

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

 

 

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1    the purchase of any goods or services when (1) the
2    solicitation is limited to either an oral inquiry or
3    written advertisements and informative literature; or (2)
4    the goods and services are subject to competitive bidding
5    requirements of the Illinois Procurement Code; or (3) the
6    goods and services are for sale at a cost not to exceed
7    $5,000; and (4) the persons or entities do not make
8    expenditures that are reportable under Section 6.
9    (b) It is a violation of this Act to engage in lobbying or
10to employ any person for the purpose of lobbying who is not
11registered with the Office of the Secretary of State, except
12upon condition that the person register and the person does in
13fact register within 2 business days after being employed or
14retained for lobbying services.
15    (c) The Secretary shall promulgate a rule establishing a
16list of the entities required to register under this Act,
17including the name of each board, commission, authority, or
18task force. The Secretary may require a person or entity
19claiming an exemption under this Section to certify the person
20or entity is not required to register under this Act. Nothing
21prohibits the Secretary from rejecting a certification and
22requiring a person or entity to register.
23    (d) Beginning on the effective date of this amendatory Act
24of the 98th General Assembly, no person that is a family member
25of an official or person with whom an official or State
26employee maintains a close economic association shall engage in

 

 

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1lobbying for compensation during the official's term of office
2or during the time that the employee is employed by the State
3unless that person qualifies for one of the exemptions listed
4in subsection (a) of this Section.
5(Source: P.A. 96-555, eff. 1-1-10; 96-1358, eff. 7-28-10.)
 
6    (25 ILCS 170/10)  (from Ch. 63, par. 180)
7    Sec. 10. Penalties.
8    (a) Any person who violates any of the provisions of this
9Act shall be guilty of a business offense and shall be fined
10not more than $10,000 for each violation. Every day that a
11report or registration is late shall constitute a separate
12violation. In determining the appropriate fine for each
13violation, the trier of fact shall consider the scope of the
14entire lobbying project, the nature of activities conducted
15during the time the person was in violation of this Act, and
16whether or not the violation was intentional or unreasonable.
17    (b) In addition to the penalties provided for in subsection
18(a) of this Section, any person convicted of any violation of
19any provision of this Act is prohibited for a period of three
20years from the date of such conviction from lobbying.
21    (c) There is created in the State treasury a special fund
22to be known as the Lobbyist Registration Administration Fund.
23All fines collected in the enforcement of this Section shall be
24deposited into the Fund. These funds shall, subject to
25appropriation, be used by the Office of the Secretary of State

 

 

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1for implementation and administration of this Act.
2    (d) A violation of subsection (d) of Section 3 of this Act
3is a Class A misdemeanor with a fine equal to five times the
4total value of all compensation received in violation of the
5Section.
6(Source: P.A. 96-555, eff. 1-1-10.)