100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3504

 

Introduced , by Rep. Silvana Tabares

 

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

    Amends the Lobbyist Registration Act. Provides that beginning January 1, 2018, and for each January 1 thereafter, every lobbying business entity registered under the Act shall report its total monetary amount of expenditures related to lobbying for the previous year. Provides that the report shall be in addition to any other report required under the Act which may include the expenditures of the lobbying business entity as a client. Defines "lobbying business entity". Makes conforming change. Effective immediately.


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A BILL FOR

 

HB3504LRB100 07311 RJF 17372 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 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

 

 

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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 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).

 

 

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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,

 

 

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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    (o) "Lobbying business entity" means any business or
13organization with at least $1,000,000 in yearly revenue that
14lobbies State government, or provides compensation to a
15lobbyist to lobby State government, as provided in subsection
16(e).
17(Source: P.A. 98-459, eff. 1-1-14.)
 
18    (25 ILCS 170/6)  (from Ch. 63, par. 176)
19    Sec. 6. Reports.
20    (a) Lobbyist reports. Except as otherwise provided in this
21Section, every lobbyist registered under this Act who is solely
22employed by a lobbying entity shall file an affirmation,
23verified under oath pursuant to Section 1-109 of the Code of
24Civil Procedure, with the Secretary of State attesting to the
25accuracy of any reports filed pursuant to subsection (b) as

 

 

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1those reports pertain to work performed by the lobbyist. Any
2lobbyist registered under this Act who is not solely employed
3by a lobbying entity shall personally file reports required of
4lobbying entities pursuant to subsection (b). A lobbyist may,
5if authorized so to do by a lobbying entity by whom he or she is
6employed or retained, file lobbying entity reports pursuant to
7subsection (b) provided that the lobbying entity may delegate
8the filing of the lobbying entity report to only one lobbyist
9in any reporting period.
10    (b) Lobbying entity reports. Every lobbying entity
11registered under this Act shall report expenditures related to
12lobbying. The report shall itemize each individual expenditure
13or transaction and shall include the name of the official on
14whose behalf the expenditure was made, the name of the client
15if the expenditure was made on behalf of a client, the total
16amount of the expenditure, a description of the expenditure,
17the vendor or purveyor to whom the expenditure was made
18(including the address or location of the expenditure), the
19date on which the expenditure occurred and the subject matter
20of the lobbying activity, if any. For those expenditures made
21on behalf of a client, if the client is a client registrant,
22the report shall also include the name and address of the
23client or clients of the client registrant or the official or
24officials on whose behalf the expenditure ultimately was made.
25Each expenditure required to be reported shall include all
26expenses made for or on behalf of an official or his or her

 

 

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1immediate family member living with the official.
2    (b-1) The report shall include any change or addition to
3the client list information, required in Section 5 for
4registration, since the last report, including the names and
5addresses of all clients who retained the lobbying entity
6together with an itemized description for each client of the
7following: (1) lobbying regarding executive action, including
8the name of any executive agency lobbied and the subject
9matter; (2) lobbying regarding legislative action, including
10the General Assembly and any other agencies lobbied and the
11subject matter; and (3) lobbying regarding administrative
12action, including the agency lobbied and the subject matter.
13Registrants who made no reportable expenditures during a
14reporting period shall file a report stating that no
15expenditures were incurred.
16    (b-1) Lobbying business entity reports. Beginning January
171, 2018, and for each January 1 thereafter, every lobbying
18business entity registered under this Act shall report its
19total monetary amount of expenditures related to lobbying for
20the previous year. This report shall be in addition to any
21report which may include the expenditures of the lobbying
22business entity as a client under subsection (b) of this
23Section.
24    (b-2) Expenditures attributable to lobbying officials
25shall be listed and reported according to the following
26categories:

 

 

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1        (1) Travel and lodging on behalf of others, including,
2    but not limited to, all travel and living accommodations
3    made for or on behalf of State officials during sessions of
4    the General Assembly.
5        (2) Meals, beverages and other entertainment.
6        (3) Gifts (indicating which, if any, are on the basis
7    of personal friendship).
8        (4) Honoraria.
9        (5) Any other thing or service of value not listed
10    under categories (1) through (4), setting forth a
11    description of the expenditure. The category travel and
12    lodging includes, but is not limited to, all travel and
13    living accommodations made for or on behalf of State
14    officials in the State capital during sessions of the
15    General Assembly.
16    (b-3) Expenditures incurred for hosting receptions,
17benefits and other large gatherings held for purposes of
18goodwill or otherwise to influence executive, legislative or
19administrative action to which there are 25 or more State
20officials invited shall be reported listing only the total
21amount of the expenditure, the date of the event, and the
22estimated number of officials in attendance.
23    (b-7) Matters excluded from reports. The following items
24need not be included in the report:
25        (1) Reasonable and bona fide expenditures made by the
26    registrant who is a member of a legislative or State study

 

 

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1    commission or committee while attending and participating
2    in meetings and hearings of such commission or committee.
3        (2) Reasonable and bona fide expenditures made by the
4    registrant for personal sustenance, lodging, travel,
5    office expenses and clerical or support staff.
6        (3) Salaries, fees, and other compensation paid to the
7    registrant for the purposes of lobbying.
8        (4) Any contributions required to be reported under
9    Article 9 of the Election Code.
10        (5) Expenditures made by a registrant on behalf of an
11    official that are returned or reimbursed prior to the
12    deadline for submission of the report.
13    (c) A registrant who terminates employment or duties which
14required him to register under this Act shall give the
15Secretary of State, within 30 days after the date of such
16termination, written notice of such termination and shall
17include therewith a report of the expenditures described
18herein, covering the period of time since the filing of his
19last report to the date of termination of employment. Such
20notice and report shall be final and relieve such registrant of
21further reporting under this Act, unless and until he later
22takes employment or assumes duties requiring him to again
23register under this Act.
24    (d) Failure to file any such report within the time
25designated or the reporting of incomplete information shall
26constitute a violation of this Act.

 

 

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1    A registrant shall preserve for a period of 2 years all
2receipts and records used in preparing reports under this Act.
3    (e) Within 30 days after a filing deadline or as provided
4by rule, the lobbyist shall notify each official on whose
5behalf an expenditure has been reported. Notification shall
6include the name of the registrant, the total amount of the
7expenditure, a description of the expenditure, the date on
8which the expenditure occurred, and the subject matter of the
9lobbying activity.
10    (f) A report for the period beginning January 1, 2010 and
11ending on June 30, 2010 shall be filed no later than July 15,
122010, and a report for the period beginning July 1, 2010 and
13ending on December 31, 2010 shall be filed no later than
14January 15, 2011. Beginning January 1, 2011, reports shall be
15filed semi-monthly as follows: (i) for the period beginning the
16first day of the month through the 15th day of the month, the
17report shall be filed no later than the 20th day of the month
18and (ii) for the period beginning on the 16th day of the month
19through the last day of the month, the report shall be filed no
20later than the 5th day of the following month. A report filed
21under this Act is due in the Office of the Secretary of State
22no later than the close of business on the date on which it is
23required to be filed.
24    (g) All reports filed under this Act shall be filed in a
25format or on forms prescribed by the Secretary of State.
26(Source: P.A. 98-459, eff. 1-1-14.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.