Full Text of HB3946 101st General Assembly
HB3946 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB3946 Introduced 10/29/2019, by Rep. Tom Demmer SYNOPSIS AS INTRODUCED: |
| 25 ILCS 170/2 | from Ch. 63, par. 172 |
25 ILCS 170/11.2 |
| 25 ILCS 170/11.3 | |
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Amends the Lobbyist Registration Act. Requires registration under the Act for persons lobbying units of local government and school districts (rather than only persons lobbying State government). Provides that the changes made by this amendatory Act do not restrict the authority of units of local government and school districts to regulate lobbying. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning government.
| 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 2, 11.2, and 11.3 as follows: | 6 | | (25 ILCS 170/2) (from Ch. 63, par. 172) | 7 | | Sec. 2. Definitions. As used in this Act, unless the | 8 | | context otherwise
requires: | 9 | | (a) "Person" means any individual, firm, partnership, | 10 | | committee,
association, corporation, or any other organization | 11 | | or group of persons. | 12 | | (b) "Expenditure" means a payment, distribution, loan, | 13 | | advance, deposit,
or gift of money or anything of value, and | 14 | | includes a contract, promise, or
agreement, whether or not | 15 | | legally enforceable, to make an expenditure, for
the ultimate | 16 | | purpose of influencing executive, legislative, or | 17 | | administrative
action, other than compensation as defined in | 18 | | subsection (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 ; and . | 9 | | (6) Any elected or appointed official of any unit of | 10 | | local government or school district, including, but not | 11 | | limited to, the members of any legislative body of a unit | 12 | | of local government or school district. | 13 | | (d) "Compensation" means any money, thing of value or | 14 | | financial benefits
received or to be received in return for | 15 | | services rendered or to be
rendered, for lobbying as defined in | 16 | | subsection (e). | 17 | | Monies paid to members of the General Assembly by the State | 18 | | as
remuneration for performance of their Constitutional and | 19 | | statutory duties
as members of the General Assembly shall not | 20 | | constitute compensation as
defined by this Act. | 21 | | (e) "Lobby" and "lobbying"
means any communication with an | 22 | | official of the
executive or legislative branch of State | 23 | | government as defined in subsection
(c) for the ultimate | 24 | | purpose of influencing any executive, legislative, or
| 25 | | administrative action. | 26 | | (f) "Influencing" means any communication, action, |
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| 1 | | reportable
expenditure as prescribed in Section 6 or other | 2 | | means used to promote,
support, affect, modify, oppose or delay | 3 | | any executive, legislative or
administrative action or to | 4 | | promote goodwill with officials as defined in
subsection (c). | 5 | | (g) "Executive action" means the proposal, drafting, | 6 | | development,
consideration, amendment, adoption, approval, | 7 | | promulgation, issuance,
modification, rejection or | 8 | | postponement by a State entity , unit of local government, or | 9 | | school district of a rule,
regulation, order, ordinance, | 10 | | resolution, decision, determination, contractual arrangement, | 11 | | purchasing
agreement or other quasi-legislative or | 12 | | quasi-judicial action or proceeding. | 13 | | (h) "Legislative action" means the development, drafting, | 14 | | introduction,
consideration, modification, adoption, | 15 | | rejection, review, enactment, or passage
or defeat of any bill, | 16 | | amendment, resolution, report, nomination,
administrative rule | 17 | | or other matter by either house of the General Assembly or
a | 18 | | committee thereof, or by a legislator , or by the legislative | 19 | | body of a unit of local government or school district or any | 20 | | member thereof . Legislative action also means the
action of the | 21 | | Governor in approving or vetoing any bill or portion thereof, | 22 | | and
the action of the Governor or any agency in the development | 23 | | of a proposal for
introduction in the legislature. | 24 | | (i) "Administrative action" means the execution or | 25 | | rejection of any rule,
regulation, legislative rule, standard, | 26 | | fee, rate, contractual arrangement,
purchasing agreement or |
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| 1 | | other delegated legislative or quasi-legislative action
to be | 2 | | taken or withheld by any executive agency, department, board or
| 3 | | commission of the State , a unit of local government, or a | 4 | | school district . | 5 | | (j) "Lobbyist" means any natural person who undertakes to | 6 | | lobby State government , a unit of local government, or a school | 7 | | district
as provided in subsection (e). | 8 | | (k) "Lobbying entity" means any entity that hires, retains, | 9 | | employs, or compensates a natural person to lobby State | 10 | | government , a unit of local government, or a school district as | 11 | | provided in subsection (e).
| 12 | | (l) "Authorized agent" means the person designated by an | 13 | | entity or lobbyist registered under this Act as the person | 14 | | responsible for submission and retention of reports required | 15 | | under this Act. | 16 | | (m) "Client" means any person or entity that provides | 17 | | compensation to a lobbyist to lobby State government , a unit of | 18 | | local government, or a school district as provided in | 19 | | subsection (e) of this Section. | 20 | | (n) "Client registrant" means a client who is required to | 21 | | register under this Act. | 22 | | (Source: P.A. 98-459, eff. 1-1-14.)
| 23 | | (25 ILCS 170/11.2)
| 24 | | Sec. 11.2. Local regulation. A unit of local government or | 25 | | school
district may adopt an ordinance or resolution regulating |
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| 1 | | lobbying activities
with that unit of local government or | 2 | | school district that imposes requirements
similar to those | 3 | | imposed by this Act. The changes made by this amendatory Act of | 4 | | the 101st General Assembly shall not restrict the authority of | 5 | | a unit of local government or school district to regulate | 6 | | lobbying activities under this Section.
| 7 | | (Source: P.A. 88-187.)
| 8 | | (25 ILCS 170/11.3) | 9 | | Sec. 11.3. Compensation from a State agency. It is a | 10 | | violation of this Act for a person registered or required to be | 11 | | registered under this Act to accept or agree to accept | 12 | | compensation from a State agency , unit of local government, or | 13 | | school district for the purpose of lobbying legislative action. | 14 | | This Section does not apply to compensation (i) that is a | 15 | | portion of the salary of a full-time employee of a State agency | 16 | | whose responsibility or authority includes, but is not limited | 17 | | to, lobbying executive, legislative, or administrative action | 18 | | or (ii) to an individual who is contractually retained by a | 19 | | State agency that is not listed in Section 5-15 of the Civil | 20 | | Administrative Code of Illinois. | 21 | | For the purpose of this Section, "State agency" is defined | 22 | | as in the Illinois State Auditing Act.
| 23 | | (Source: P.A. 96-555, eff. 1-1-10.)
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.
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