98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4317

 

Introduced , 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 170/6  from Ch. 63, par. 176
25 ILCS 170/9  from Ch. 63, par. 179

    Amends the Lobbyist Registration Act. Provides that lobbying is an activity that may be undertaken by non-attorneys. Further provides that the General Assembly declares that lobbying records should generally be available to the public, and work records related to lobbying are not shielded by the attorney-client privilege solely because the lobbyist employed by the unit of government is an attorney. Requires units of local government and school districts to register with the Secretary of State if it employs or compensates a lobbyist. Requires every lobbying entity to report billings to clients, which includes the amount billed, the client billed, and the time frame in which services were performed. Provides that lobbying is an activity that may be undertaken by persons without any professional credential, and no professional privileges or immunities shall attach to lobbying work-product solely on the basis that such work was performed by a person with professional credential or credentials. Effective immediately.


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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, 6, and 9 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. Lobbying is an activity that may be
22undertaken by non-attorneys. The General Assembly declares
23that lobbying records should generally be available to the
24public, and work records related to lobbying are not shielded
25by the attorney-client privilege solely because the lobbyist
26employed by the unit of government is an attorney.

 

 

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

 

 

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1taken or withheld by any executive agency, department, board or
2commission of the State.
3    (j) "Lobbyist" means any natural person who undertakes to
4lobby State government as provided in subsection (e).
5    (k) "Lobbying entity" means any entity that hires, retains,
6employs, or compensates a natural person to lobby State
7government as provided in subsection (e).
8    (l) "Authorized agent" means the person designated by an
9entity or lobbyist registered under this Act as the person
10responsible for submission and retention of reports required
11under this Act.
12    (m) "Client" means any person or entity that provides
13compensation to a lobbyist to lobby State government as
14provided in subsection (e) of this Section.
15    (n) "Client registrant" means a client who is required to
16register under this Act.
17(Source: P.A. 98-459, eff. 1-1-14.)
 
18    (25 ILCS 170/3)  (from Ch. 63, par. 173)
19    Sec. 3. Persons required to register.
20    (a) Except as provided in Section 9, any natural person
21who, for compensation or otherwise, undertakes to lobby, or any
22person or entity who employs or compensates another person for
23the purposes of lobbying, shall register with the Secretary of
24State as provided in this Act, unless that person or entity
25qualifies for one or more of the following exemptions.

 

 

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

 

 

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1    from some source other than the bona fide news medium for
2    the purpose of influencing executive, legislative, or
3    administrative action. This exemption does not apply to
4    newspapers and periodicals owned by or published by trade
5    associations and not-for-profit corporations engaged
6    primarily in endeavors other than dissemination of news.
7        (3) Persons or entities performing professional
8    services in drafting bills or in advising and rendering
9    opinions to clients as to the construction and effect of
10    proposed or pending legislation when those professional
11    services are not otherwise, directly or indirectly,
12    connected with executive, legislative, or administrative
13    action.
14        (4) Persons or entities who are employees of
15    departments, divisions, or agencies of State government
16    and who appear before committees of the House and Senate
17    for the purpose of explaining how the passage of or action
18    upon any legislation then pending before those committees
19    will affect those departments, divisions, or agencies of
20    State government.
21        (5) Employees of the General Assembly, legislators,
22    legislative agencies, and legislative commissions who, in
23    the course of their official duties only, engage in
24    activities that otherwise qualify as lobbying.
25        (6) Persons or entities in possession of technical
26    skills and knowledge relevant to certain areas of

 

 

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1    executive, legislative, or administrative actions, whose
2    skills and knowledge would be helpful to officials when
3    considering those actions, whose activities are limited to
4    making occasional appearances for or communicating on
5    behalf of a registrant, and who do not make expenditures
6    that are reportable pursuant to Section 6 even though
7    receiving expense reimbursement for those occasional
8    appearances.
9        (7) Any full-time employee of a bona fide church or
10    religious organization who represents that organization
11    solely for the purpose of protecting the right of the
12    members thereof to practice the religious doctrines of that
13    church or religious organization, or any such bona fide
14    church or religious organization.
15        (8) Persons or entities that receive no compensation
16    other than reimbursement for expenses of up to $500 per
17    year while engaged in lobbying State government, unless
18    those persons make expenditures that are reportable under
19    Section 6.
20        (9) Any attorney or group or firm of attorneys in the
21    course of representing a client in any administrative or
22    judicial proceeding, or any witness providing testimony in
23    any administrative or judicial proceeding, in which ex
24    parte communications are not allowed and who does not make
25    expenditures that are reportable pursuant to Section 6.
26        (9.5) Any attorney or group or firm of attorneys in the

 

 

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1    course of representing a client in an administrative or
2    executive action involving a contractual or purchasing
3    arrangement and who does not make expenditures that are
4    reportable pursuant to Section 6.
5        (10) Persons or entities who, in the scope of their
6    employment as a vendor, offer or solicit an official for
7    the purchase of any goods or services when (1) the
8    solicitation is limited to either an oral inquiry or
9    written advertisements and informative literature; or (2)
10    the goods and services are subject to competitive bidding
11    requirements of the Illinois Procurement Code; or (3) the
12    goods and services are for sale at a cost not to exceed
13    $5,000; and (4) the persons or entities do not make
14    expenditures that are reportable under Section 6.
15    (b) It is a violation of this Act to engage in lobbying or
16to employ any person for the purpose of lobbying who is not
17registered with the Office of the Secretary of State, except
18upon condition that the person register and the person does in
19fact register within 2 business days after being employed or
20retained for lobbying services.
21    (c) The Secretary shall promulgate a rule establishing a
22list of the entities required to register under this Act,
23including the name of each board, commission, authority, or
24task force. The Secretary may require a person or entity
25claiming an exemption under this Section to certify the person
26or entity is not required to register under this Act. Nothing

 

 

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1prohibits the Secretary from rejecting a certification and
2requiring a person or entity to register.
3(Source: P.A. 96-555, eff. 1-1-10; 96-1358, eff. 7-28-10.)
 
4    (25 ILCS 170/6)  (from Ch. 63, par. 176)
5    Sec. 6. Reports.
6    (a) Lobbyist reports. Except as otherwise provided in this
7Section, every lobbyist registered under this Act who is solely
8employed by a lobbying entity shall file an affirmation,
9verified under oath pursuant to Section 1-109 of the Code of
10Civil Procedure, with the Secretary of State attesting to the
11accuracy of any reports filed pursuant to subsection (b) as
12those reports pertain to work performed by the lobbyist. Any
13lobbyist registered under this Act who is not solely employed
14by a lobbying entity shall personally file reports required of
15lobbying entities pursuant to subsection (b). A lobbyist may,
16if authorized so to do by a lobbying entity by whom he or she is
17employed or retained, file lobbying entity reports pursuant to
18subsection (b) provided that the lobbying entity may delegate
19the filing of the lobbying entity report to only one lobbyist
20in any reporting period.
21    (b) Lobbying entity reports. Every lobbying entity
22registered under this Act shall report billings to clients and
23expenditures related to lobbying. The report shall itemize each
24individual expenditure or transaction and shall include the
25name of the official on whose behalf the expenditure was made,

 

 

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

 

 

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1action, including the agency lobbied and the subject matter.
2Registrants who made no reportable expenditures during a
3reporting period shall file a report stating that no
4expenditures were incurred.
5    (b-2) Expenditures attributable to lobbying officials
6shall be listed and reported according to the following
7categories:
8        (1) Travel and lodging on behalf of others, including,
9    but not limited to, all travel and living accommodations
10    made for or on behalf of State officials during sessions of
11    the General Assembly.
12        (2) Meals, beverages and other entertainment.
13        (3) Gifts (indicating which, if any, are on the basis
14    of personal friendship).
15        (4) Honoraria.
16        (5) Any other thing or service of value not listed
17    under categories (1) through (4), setting forth a
18    description of the expenditure. The category travel and
19    lodging includes, but is not limited to, all travel and
20    living accommodations made for or on behalf of State
21    officials in the State capital during sessions of the
22    General Assembly.
23    (b-3) Expenditures incurred for hosting receptions,
24benefits and other large gatherings held for purposes of
25goodwill or otherwise to influence executive, legislative or
26administrative action to which there are 25 or more State

 

 

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1officials invited shall be reported listing only the total
2amount of the expenditure, the date of the event, and the
3estimated number of officials in attendance.
4    (b-7) Matters excluded from reports. The following items
5need not be included in the report:
6        (1) Reasonable and bona fide expenditures made by the
7    registrant who is a member of a legislative or State study
8    commission or committee while attending and participating
9    in meetings and hearings of such commission or committee.
10        (2) Reasonable and bona fide expenditures made by the
11    registrant for personal sustenance, lodging, travel,
12    office expenses and clerical or support staff.
13        (3) Salaries, fees, and other compensation paid to the
14    registrant for the purposes of lobbying; however, billings
15    to clients by lobbying entities shall be included in the
16    report.
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

 

 

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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

 

 

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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. 98-459, eff. 1-1-14.)
 
10    (25 ILCS 170/9)  (from Ch. 63, par. 179)
11    Sec. 9. Effect on other laws.
12    (a) Nothing in this Act shall be construed to infringe in
13any way the right of a citizen to lawfully petition a member of
14the General Assembly or any other public official as guaranteed
15in the Constitution of the State of Illinois.
16    (b) Lobbying is an activity that may be undertaken by
17persons without any professional credential, and no
18professional privileges or immunities shall attach to lobbying
19work-product solely on the basis that such work was performed
20by a person with professional credential or credentials.
21(Source: P.A. 76-1848.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.