Illinois General Assembly - Full Text of HB3586
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Full Text of HB3586  102nd General Assembly

HB3586 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3586

 

Introduced 2/22/2021, by Rep. Justin Slaughter

 

SYNOPSIS AS INTRODUCED:
 
25 ILCS 170/2  from Ch. 63, par. 172
25 ILCS 170/3  from Ch. 63, par. 173
25 ILCS 170/5
25 ILCS 170/5.5 new
25 ILCS 170/8  from Ch. 63, par. 178
25 ILCS 170/11.2

    Amends the Lobbyist Registration Act. Provides that it is a violation of the Act to employ or retain any person as a consultant, unless the registrant files an amended registration before any consulting services are performed setting forth specified information. Specifies the information to be disclosed upon employing a consultant. Requires a consultant to register as a lobbyist if he or she communicates with an official on behalf of a lobbying entity employing the consultant for the ultimate purpose of influencing any executive, legislative, or administrative action, or makes an expenditure benefitting an official. Prohibits compensation to consultants that is contingent on the outcome of legislative, executive, or administrative action. Provides for local government regulation of consultant services. Defines "consultant". Makes conforming changes.


LRB102 15502 RJF 20865 b

 

 

A BILL FOR

 

HB3586LRB102 15502 RJF 20865 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 Sections 2, 3, 5, 8, and 11.2 and by adding Section
65.5 as follows:
 
7    (25 ILCS 170/2)  (from Ch. 63, par. 172)
8    Sec. 2. Definitions. As used in this Act, unless the
9context otherwise requires:
10    (a) "Person" means any individual, firm, partnership,
11committee, association, corporation, or any other organization
12or group of persons.
13    (b) "Expenditure" means a payment, distribution, loan,
14advance, deposit, or gift of money or anything of value, and
15includes a contract, promise, or agreement, whether or not
16legally enforceable, to make an expenditure, for the ultimate
17purpose of influencing executive, legislative, or
18administrative action, other than compensation as defined in
19subsection (d).
20    (c) "Official" means:
21        (1) the Governor, Lieutenant Governor, Secretary of
22    State, Attorney General, State Treasurer, and State
23    Comptroller;

 

 

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1        (2) Chiefs of Staff for officials described in item
2    (1);
3        (3) Cabinet members of any elected constitutional
4    officer, including Directors, Assistant Directors and
5    Chief Legal Counsel or General Counsel;
6        (4) Members of the General Assembly; and
7        (5) Members of any board, commission, authority, or
8    task force of the State authorized or created by State law
9    or by executive order of the Governor.
10    (d) "Compensation" means any money, thing of value or
11financial benefits received or to be received in return for
12services rendered or to be rendered, for lobbying as defined
13in subsection (e) or for acting as a consultant as defined in
14subsection (d-5).
15    Monies paid to members of the General Assembly by the
16State as remuneration for performance of their Constitutional
17and statutory duties as members of the General Assembly shall
18not constitute compensation as defined by this Act.
19    (d-5) "Consultant" means any natural person who is a
20current or former official or employee of the State of
21Illinois or any of its political subdivisions, and who is now
22compensated by a person who is required to register under this
23Act for the purpose of providing information, advice, or
24guidance with regard to interactions with any State
25governmental entity or any State government official or
26employee.

 

 

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

 

 

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1action of the Governor or any agency in the development of a
2proposal for introduction in the legislature.
3    (i) "Administrative action" means the execution or
4rejection of any rule, regulation, legislative rule, standard,
5fee, rate, contractual arrangement, purchasing agreement or
6other delegated legislative or quasi-legislative action to be
7taken or withheld by any executive agency, department, board
8or commission of the State.
9    (j) "Lobbyist" means any natural person who undertakes to
10lobby State government as provided in subsection (e).
11    (k) "Lobbying entity" means any entity that hires,
12retains, employs, or compensates a natural person to lobby
13State government as provided in subsection (e) or for
14providing services as a consultant as defined in subsection
15(d-5).
16    (l) "Authorized agent" means the person designated by an
17entity or lobbyist registered under this Act as the person
18responsible for submission and retention of reports required
19under this Act.
20    (m) "Client" means any person or entity that provides
21compensation to a lobbyist to lobby State government as
22provided in subsection (e) of this Section or provides
23compensation to a consultant for providing services as set
24forth in subsection (d-5).
25    (n) "Client registrant" means a client who is required to
26register under this Act.

 

 

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1    (o) "Unit of local government" has the meaning ascribed to
2it in Section 1 of Article VII of the Illinois Constitution and
3also includes school districts and community college
4districts.
5(Source: P.A. 101-595, eff. 12-5-19.)
 
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
24    thereof the approval or veto of any legislation by the
25    Governor.

 

 

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

 

 

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

 

 

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

 

 

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1    requirements of the Illinois Procurement Code; or (3) the
2    goods and services are for sale at a cost not to exceed
3    $5,000; and (4) the persons or entities do not make
4    expenditures that are reportable under Section 6.
5    (b) It is a violation of this Act to engage in lobbying or
6to employ any person for the purpose of lobbying who is not
7registered with the Office of the Secretary of State, except
8upon condition that the person register and the person does in
9fact register within 2 business days after being employed or
10retained for lobbying services.
11    (b-5) It is a violation of this Act to employ or retain any
12person as a consultant, unless the registrant files an amended
13registration before any consulting services are performed, but
14in any event not later than 2 business days after the
15consultant is employed or retained, setting forth the
16information required in subsection (b-7) of Section 5.
17    (c) The Secretary shall promulgate a rule establishing a
18list of the entities required to register under this Act,
19including the name of each board, commission, authority, or
20task force. The Secretary may require a person or entity
21claiming an exemption under this Section to certify the person
22or entity is not required to register under this Act. Nothing
23prohibits the Secretary from rejecting a certification and
24requiring a person or entity to register.
25(Source: P.A. 96-555, eff. 1-1-10; 96-1358, eff. 7-28-10.)
 

 

 

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1    (25 ILCS 170/5)
2    Sec. 5. Lobbyist registration and disclosure. Every
3natural person and every entity required to register under
4this Act shall before any service is performed which requires
5the natural person or entity to register, but in any event not
6later than 2 business days after being employed or retained,
7file in the Office of the Secretary of State a statement in a
8format prescribed by the Secretary of State containing the
9following information with respect to each person or entity
10employing, retaining, or benefitting from the services of the
11natural person or entity required to register:
12        (a) The registrant's name, permanent address, e-mail
13    address, if any, fax number, if any, business telephone
14    number, and temporary address, if the registrant has a
15    temporary address while lobbying.
16        (a-5) If the registrant is an entity, the information
17    required under subsection (a) for each natural person
18    associated with the registrant who will be lobbying,
19    regardless of whether lobbying is a significant part of
20    his or her duties.
21        (b) The name and address of the client or clients
22    employing or retaining the registrant to perform such
23    services or on whose behalf the registrant appears. If the
24    client employing or retaining the registrant is a client
25    registrant, the statement shall also include the name and
26    address of the client or clients of the client registrant

 

 

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1    on whose behalf the registrant will be or anticipates
2    performing services.
3        (b-5) If the registrant employs or retains a
4    sub-registrant, the statement shall include the name and
5    address of the sub-registrant and identify the client or
6    clients of the registrant on whose behalf the
7    sub-registrant will be or is anticipated to be performing
8    services.
9        (b-7) If the registrant employs or retains a
10    consultant as defined in subsection (d-5) of Section 2,
11    the statement shall include the name and address of the
12    consultant and identify any governmental entity or
13    entities or any government officials or employees with
14    regard to whom the consultant is employed or retained to
15    provide information, advice, or guidance. When an
16    individual is otherwise registered as a lobbyist, but is
17    retained solely for consultant services by the reporting
18    entity, that individual shall be identified in the report
19    as a consultant for the reporting entity.
20        (c) A brief description of the executive, legislative,
21    or administrative action in reference to which such
22    service is to be rendered.
23        (c-5) Each executive and legislative branch agency the
24    registrant expects to lobby during the registration
25    period.
26        (c-6) The nature of the client's business, by

 

 

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1    indicating all of the following categories that apply: (1)
2    banking and financial services, (2) manufacturing, (3)
3    education, (4) environment, (5) healthcare, (6) insurance,
4    (7) community interests, (8) labor, (9) public relations
5    or advertising, (10) marketing or sales, (11) hospitality,
6    (12) engineering, (13) information or technology products
7    or services, (14) social services, (15) public utilities,
8    (16) racing or wagering, (17) real estate or construction,
9    (18) telecommunications, (19) trade or professional
10    association, (20) travel or tourism, (21) transportation,
11    (22) agriculture, and (23) other (setting forth the nature
12    of that other business).
13        (d) A confirmation that the registrant has a sexual
14    harassment policy as required by Section 4.7, that such
15    policy shall be made available to any individual within 2
16    business days upon written request (including electronic
17    requests), that any person may contact the authorized
18    agent of the registrant to report allegations of sexual
19    harassment, and that the registrant recognizes the
20    Inspector General has jurisdiction to review any
21    allegations of sexual harassment alleged against the
22    registrant or lobbyists hired by the registrant.
23        (e) Each unit of local government in this State for
24    which the registrant is or expects to be required to
25    register to lobby the local government during the
26    registration period. "Lobby" shall have the meaning

 

 

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1    ascribed to it by the relevant unit of local government.
2        (f) Each elected or appointed public office in this
3    State to be held by the registrant at any time during the
4    registration period.
5    Every natural person and every entity required to register
6under this Act shall annually submit the registration required
7by this Section on or before each January 31. The registrant
8has a continuing duty to report any substantial change or
9addition to the information contained in the registration.
10Registrants registered as of the effective date of this
11amendatory Act of the 101st General Assembly shall update
12their registration to add the information required under
13subsections (b-5), (e), and (f), if applicable, within 30 days
14after the effective date of this amendatory Act of the 101st
15General Assembly.
16    The Secretary of State shall make all filed statements and
17amendments to statements publicly available by means of a
18searchable database that is accessible through the World Wide
19Web. The Secretary of State shall provide all software
20necessary to comply with this provision to all natural persons
21and entities required to file. The Secretary of State shall
22implement a plan to provide computer access and assistance to
23natural persons and entities required to file electronically.
24    All natural persons and entities required to register
25under this Act shall remit a single, annual, and nonrefundable
26$300 registration fee. Each natural person required to

 

 

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1register under this Act shall submit, on an annual basis, a
2picture of the registrant. A registrant may, in lieu of
3submitting a picture on an annual basis, authorize the
4Secretary of State to use any photo identification available
5in any database maintained by the Secretary of State for other
6purposes. Each registration fee collected for registrations on
7or after January 1, 2010 shall be deposited into the Lobbyist
8Registration Administration Fund for administration and
9enforcement of this Act.
10(Source: P.A. 100-554, eff. 11-16-17; 101-595, eff. 12-5-19.)
 
11    (25 ILCS 170/5.5 new)
12    Sec. 5.5. Consultant registration. If in the course of
13providing services as a consultant, the consultant
14communicates with an official on behalf of the lobbying entity
15employing the consultant for the ultimate purpose of
16influencing any executive, legislative, or administrative
17action, or makes an expenditure benefitting an official, the
18consultant shall register as a lobbyist within 2 business days
19after engaging in the communication with an official or making
20the expenditure benefitting an official. The expenditures
21shall be reported in the lobbying entity's semi-monthly
22expenditure report.
 
23    (25 ILCS 170/8)  (from Ch. 63, par. 178)
24    Sec. 8. Contingent fees prohibited. No person shall retain

 

 

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1or employ another to lobby or provide consulting services with
2respect to any legislative, executive, or administrative
3action for compensation contingent in whole or in part upon
4the outcome of the action and no person shall accept any such
5employment or render any such service for compensation
6contingent upon the outcome of the legislative, executive, or
7administrative action.
8(Source: P.A. 93-889, eff. 8-9-04.)
 
9    (25 ILCS 170/11.2)
10    Sec. 11.2. Local regulation. A unit of local government or
11school district may adopt an ordinance or resolution
12regulating lobbying activities or consulting services with
13that unit of local government or school district that imposes
14requirements similar to those imposed by this Act.
15(Source: P.A. 88-187.)