Sen. Don Harmon
Filed: 10/29/2009
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1 | AMENDMENT TO HOUSE BILL 5
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2 | AMENDMENT NO. ______. Amend House Bill 5, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Secretary of State Act is amended by | ||||||
6 | changing Section 14 as follows: | ||||||
7 | (15 ILCS 305/14) | ||||||
8 | Sec. 14. Inspector General. | ||||||
9 | (a) The Secretary of State must, with the advice and | ||||||
10 | consent of the Senate,
appoint an Inspector General for the | ||||||
11 | purpose of detection, deterrence, and
prevention of fraud,
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12 | corruption, mismanagement, gross or aggravated misconduct, or | ||||||
13 | misconduct
that may be criminal in nature in the Office of the | ||||||
14 | Secretary of State. The
Inspector General shall serve a 5-year | ||||||
15 | term.
If no successor is appointed and qualified upon the
| ||||||
16 | expiration of the Inspector General's term, the Office of |
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1 | Inspector General is
deemed vacant and the powers and duties | ||||||
2 | under this Section may be exercised
only by an appointed and | ||||||
3 | qualified interim Inspector General until a successor
| ||||||
4 | Inspector General is appointed and qualified.
If the General | ||||||
5 | Assembly is not in session when a vacancy in the Office of
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6 | Inspector General occurs, the Secretary of State may appoint an | ||||||
7 | interim
Inspector General whose term shall expire 2 weeks after | ||||||
8 | the next
regularly scheduled session day of the Senate. | ||||||
9 | (b) The Inspector General shall have the following | ||||||
10 | qualifications: | ||||||
11 | (1) has not been convicted of any felony under the laws | ||||||
12 | of this State,
another State, or the United States; | ||||||
13 | (2) has earned a baccalaureate degree from an | ||||||
14 | institution of higher
education; and | ||||||
15 | (3) has either (A) 5 or more years of service with a | ||||||
16 | federal, State, or
local law enforcement agency, at least 2 | ||||||
17 | years of which have been in a
progressive investigatory | ||||||
18 | capacity; (B) 5 or more years of service as a
federal, | ||||||
19 | State, or local prosecutor; or (C) 5 or more years of | ||||||
20 | service as a
senior manager or executive of a federal, | ||||||
21 | State, or local
agency. | ||||||
22 | (c) The Inspector General may review, coordinate, and | ||||||
23 | recommend methods and
procedures to increase the integrity of | ||||||
24 | the Office of the Secretary of State.
The duties of the | ||||||
25 | Inspector General shall
supplement and not supplant the duties | ||||||
26 | of the Chief Auditor for the Secretary
of State's Office or any |
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1 | other Inspector General that may be authorized by law.
The | ||||||
2 | Inspector General must report directly to the Secretary
of | ||||||
3 | State. | ||||||
4 | (d) In addition to the authority otherwise provided by this | ||||||
5 | Section, but
only when investigating the Office of the | ||||||
6 | Secretary of State, its employees, or
their actions for
fraud, | ||||||
7 | corruption, mismanagement, gross or aggravated misconduct, or
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8 | misconduct that may be criminal in nature, the Inspector | ||||||
9 | General is
authorized: | ||||||
10 | (1) To have access to all records, reports, audits, | ||||||
11 | reviews, documents,
papers, recommendations, or other | ||||||
12 | materials available that relate to programs
and operations | ||||||
13 | with respect to which the Inspector General has | ||||||
14 | responsibilities
under this Section. | ||||||
15 | (2) To make any investigations and reports relating to | ||||||
16 | the administration
of the programs and operations of the | ||||||
17 | Office of the Secretary of State that
are, in the judgment | ||||||
18 | of the Inspector General, necessary or desirable. | ||||||
19 | (3) To request any information or assistance that may | ||||||
20 | be necessary for
carrying out the duties and | ||||||
21 | responsibilities provided by this Section from any
local, | ||||||
22 | State, or federal governmental agency or unit thereof. | ||||||
23 | (4) To require by subpoena the
appearance of witnesses | ||||||
24 | and the production of all information, documents,
reports, | ||||||
25 | answers, records, accounts, papers, and other data and | ||||||
26 | documentary
evidence necessary in the performance of the |
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1 | functions assigned by this
Section, with the exception of | ||||||
2 | subsection (c) and with the exception of records
of a labor
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3 | organization authorized and recognized under the Illinois | ||||||
4 | Public Labor
Relations
Act to be the exclusive bargaining | ||||||
5 | representative of employees of the Secretary
of State, | ||||||
6 | including, but not limited to, records of representation of | ||||||
7 | employees
and
the negotiation of collective bargaining | ||||||
8 | agreements. A subpoena may be issued
under
this paragraph | ||||||
9 | (4) only by the
Inspector General and not by members of the | ||||||
10 | Inspector General's staff.
A person duly
subpoenaed for | ||||||
11 | testimony, documents, or other items who neglects or | ||||||
12 | refuses to
testify or produce documents or other items | ||||||
13 | under the requirements of the
subpoena shall be subject to | ||||||
14 | punishment as
may be determined by a court of competent | ||||||
15 | jurisdiction, unless (i) the
testimony, documents, or | ||||||
16 | other items are covered by the attorney-client
privilege or
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17 | any other privilege or right recognized by law or (ii) the | ||||||
18 | testimony,
documents, or other items concern the | ||||||
19 | representation of employees and the
negotiation of | ||||||
20 | collective bargaining agreements by a labor
organization | ||||||
21 | authorized and recognized under the Illinois Public
Labor | ||||||
22 | Relations Act to be the exclusive bargaining | ||||||
23 | representative of
employees of the Secretary of State. | ||||||
24 | Nothing in this Section limits a
person's right to | ||||||
25 | protection against self-incrimination under the Fifth
| ||||||
26 | Amendment of the United States Constitution or Article I, |
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1 | Section 10,
of the Constitution of the State of Illinois. | ||||||
2 | (5) To have direct and prompt access to the Secretary | ||||||
3 | of State for any
purpose pertaining to the performance of | ||||||
4 | functions and responsibilities under
this Section. | ||||||
5 | (d-5) In addition to the authority otherwise provided by | ||||||
6 | this Section, the Secretary of State Inspector General shall | ||||||
7 | have jurisdiction to investigate complaints and allegations of | ||||||
8 | wrongdoing by any person or entity related to the Lobbyist | ||||||
9 | Registration Act. When investigating those complaints and | ||||||
10 | allegations, the Inspector General is authorized: | ||||||
11 | (1) To have access to all records, reports, audits, | ||||||
12 | reviews, documents, papers, recommendations, or other | ||||||
13 | materials available that relate to programs and operations | ||||||
14 | with respect to which the Inspector General has | ||||||
15 | responsibilities under this Section. | ||||||
16 | (2) To request any information or assistance that may | ||||||
17 | be necessary for carrying out the duties and | ||||||
18 | responsibilities provided by this Section from any local, | ||||||
19 | State, or federal governmental agency or unit thereof. | ||||||
20 | (3) To require by subpoena the appearance of witnesses | ||||||
21 | and the production of all information, documents, reports, | ||||||
22 | answers, records, accounts, papers, and other data and | ||||||
23 | documentary evidence necessary in the performance of the | ||||||
24 | functions assigned by this Section. A subpoena may be | ||||||
25 | issued under this paragraph (3) only by the Inspector | ||||||
26 | General and not by members of the Inspector General's |
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1 | staff. A person duly subpoenaed for testimony, documents, | ||||||
2 | or other items who neglects or refuses to testify or | ||||||
3 | produce documents or other items under the requirements of | ||||||
4 | the subpoena shall be subject to punishment as may be | ||||||
5 | determined by a court of competent jurisdiction, unless the | ||||||
6 | testimony, documents, or other items are covered by the | ||||||
7 | attorney-client privilege or any other privilege or right | ||||||
8 | recognized by law. Nothing in this Section limits a | ||||||
9 | person's right to protection against self-incrimination | ||||||
10 | under the Fifth Amendment of the United States Constitution | ||||||
11 | or Section 10 of Article I of the Constitution of the State | ||||||
12 | of Illinois. | ||||||
13 | (4) To have direct and prompt access to the Secretary | ||||||
14 | of State for any purpose pertaining to the performance of | ||||||
15 | functions and responsibilities under this Section.
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16 | (e) The Inspector General may receive and investigate | ||||||
17 | complaints or
information from an employee of the Secretary of | ||||||
18 | State concerning the possible
existence of an activity | ||||||
19 | constituting a violation of law, rules, or
regulations; | ||||||
20 | mismanagement; abuse of authority; or substantial and specific
| ||||||
21 | danger to the public health and safety. Any person
who | ||||||
22 | knowingly files a
false
complaint or files a complaint with | ||||||
23 | reckless disregard for the truth or the
falsity
of the facts | ||||||
24 | underlying the complaint may be subject to discipline as set | ||||||
25 | forth
in the rules of the Department of Personnel of the | ||||||
26 | Secretary of State or the Inspector General may refer the |
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1 | matter to a State's Attorney or the Attorney General . | ||||||
2 | The Inspector General may not, after receipt of a complaint | ||||||
3 | or information, disclose the
identity of the source
without the | ||||||
4 | consent of the source, unless the
Inspector General determines | ||||||
5 | that
disclosure of the identity is reasonable and necessary for | ||||||
6 | the furtherance of
the
investigation. | ||||||
7 | Any employee who has the authority to recommend or
approve | ||||||
8 | any personnel action or to direct others to recommend or | ||||||
9 | approve any
personnel action may not, with respect to that | ||||||
10 | authority, take or threaten to
take any action against any | ||||||
11 | employee as a reprisal for making a
complaint or disclosing | ||||||
12 | information to the Inspector General, unless the
complaint was | ||||||
13 | made or the information disclosed with the knowledge that it | ||||||
14 | was
false or with willful disregard for its truth or falsity. | ||||||
15 | (f) The Inspector General must adopt rules, in accordance | ||||||
16 | with the
provisions of the Illinois Administrative Procedure | ||||||
17 | Act, establishing minimum
requirements for initiating, | ||||||
18 | conducting, and completing investigations. The
rules must | ||||||
19 | establish criteria for determining, based upon the nature of | ||||||
20 | the
allegation, the appropriate method of investigation, which | ||||||
21 | may include, but is
not limited to, site visits, telephone | ||||||
22 | contacts, personal interviews, or
requests for written | ||||||
23 | responses. The rules must also clarify how the Office of
the | ||||||
24 | Inspector General shall interact with other local, State, and | ||||||
25 | federal law
enforcement investigations. | ||||||
26 | Any employee of the Secretary of State subject to |
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1 | investigation or inquiry
by the Inspector General or any agent | ||||||
2 | or representative of the Inspector
General concerning | ||||||
3 | misconduct that is criminal in nature shall have the right
to | ||||||
4 | be notified of the right to remain silent
during the | ||||||
5 | investigation or inquiry and the right to be represented in the
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6 | investigation or inquiry by an attorney or a representative of | ||||||
7 | a labor
organization that is
the exclusive collective | ||||||
8 | bargaining representative of employees of the
Secretary of | ||||||
9 | State.
Any investigation or inquiry by the Inspector General or | ||||||
10 | any agent or
representative of the Inspector General must be | ||||||
11 | conducted with an awareness of
the provisions of a collective | ||||||
12 | bargaining agreement that applies to the
employees
of the | ||||||
13 | Secretary of State and with an awareness of the rights of the | ||||||
14 | employees
as set forth in State and federal law and applicable | ||||||
15 | judicial decisions. Any
recommendations for discipline or any | ||||||
16 | action taken
against any employee by the
Inspector General or | ||||||
17 | any representative or agent of the Inspector General must
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18 | comply with the provisions of the collective bargaining | ||||||
19 | agreement that applies
to the employee. | ||||||
20 | (g) On or before January 1 of each year, the Inspector | ||||||
21 | General shall report
to the President of the Senate, the | ||||||
22 | Minority Leader of the Senate, the Speaker
of the House of | ||||||
23 | Representatives, and the Minority Leader of the House of
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24 | Representatives on the types of investigations and the | ||||||
25 | activities undertaken by
the Office of the Inspector General | ||||||
26 | during the previous calendar year. |
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1 | (Source: P.A. 96-555, eff. 1-1-10.) | ||||||
2 | Section 10. The Lobbyist Registration Act is amended by | ||||||
3 | changing Sections 2, 3, 3.1, 4.5, 5, 6, 7, 11, and 11.3 as | ||||||
4 | follows: | ||||||
5 | (25 ILCS 170/2) (from Ch. 63, par. 172) | ||||||
6 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
7 | context otherwise
requires: | ||||||
8 | (a) "Person" means any individual, firm, partnership, | ||||||
9 | committee,
association, corporation, or any other organization | ||||||
10 | or group of persons. | ||||||
11 | (b) "Expenditure" means a payment, distribution, loan, | ||||||
12 | advance, deposit,
or gift of money or anything of value, and | ||||||
13 | includes a contract, promise, or
agreement, whether or not | ||||||
14 | legally enforceable, to make an expenditure, for
the ultimate | ||||||
15 | purpose of influencing executive, legislative, or | ||||||
16 | administrative
action, other than compensation as defined in | ||||||
17 | subsection (d). | ||||||
18 | (c) "Official" means: | ||||||
19 | (1) the Governor, Lieutenant Governor, Secretary of | ||||||
20 | State, Attorney
General, State Treasurer, and State | ||||||
21 | Comptroller; | ||||||
22 | (2) Chiefs of Staff for officials described in item | ||||||
23 | (1); | ||||||
24 | (3) Cabinet members of any elected constitutional |
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1 | officer, including
Directors, Assistant Directors and | ||||||
2 | Chief Legal Counsel or General Counsel; | ||||||
3 | (4) Members of the General Assembly ; and . | ||||||
4 | (5) Members of any board, commission, or authority | ||||||
5 | authorized or created by law or by executive order of the | ||||||
6 | Governor. | ||||||
7 | (d) "Compensation" means any money, thing of value or | ||||||
8 | financial benefits
received or to be received in return for | ||||||
9 | services rendered or to be
rendered, for lobbying as defined in | ||||||
10 | subsection (e). | ||||||
11 | Monies paid to members of the General Assembly by the State | ||||||
12 | as
remuneration for performance of their Constitutional and | ||||||
13 | statutory duties
as members of the General Assembly shall not | ||||||
14 | constitute compensation as
defined by this Act. | ||||||
15 | (e) "Lobby" and "lobbying"
means any communication with an | ||||||
16 | official of the
executive or legislative branch of State | ||||||
17 | government as defined in subsection
(c) for the ultimate | ||||||
18 | purpose of influencing any executive, legislative, or
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19 | administrative action. | ||||||
20 | (f) "Influencing" means any communication, action, | ||||||
21 | reportable
expenditure as prescribed in Section 6 or other | ||||||
22 | means used to promote,
support, affect, modify, oppose or delay | ||||||
23 | any executive, legislative or
administrative action or to | ||||||
24 | promote goodwill with officials as defined in
subsection (c). | ||||||
25 | (g) "Executive action" means the proposal, drafting, | ||||||
26 | development,
consideration, amendment, adoption, approval, |
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1 | promulgation, issuance,
modification, rejection or | ||||||
2 | postponement by a State entity of a rule,
regulation, order, | ||||||
3 | decision, determination, contractual arrangement, purchasing
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4 | agreement or other quasi-legislative or quasi-judicial action | ||||||
5 | or proceeding. | ||||||
6 | (h) "Legislative action" means the development, drafting, | ||||||
7 | introduction,
consideration, modification, adoption, | ||||||
8 | rejection, review, enactment, or passage
or defeat of any bill, | ||||||
9 | amendment, resolution, report, nomination,
administrative rule | ||||||
10 | or other matter by either house of the General Assembly or
a | ||||||
11 | committee thereof, or by a legislator. Legislative action also | ||||||
12 | means the
action of the Governor in approving or vetoing any | ||||||
13 | bill or portion thereof, and
the action of the Governor or any | ||||||
14 | agency in the development of a proposal for
introduction in the | ||||||
15 | legislature. | ||||||
16 | (i) "Administrative action" means the execution or | ||||||
17 | rejection of any rule,
regulation, legislative rule, standard, | ||||||
18 | fee, rate, contractual arrangement,
purchasing agreement or | ||||||
19 | other delegated legislative or quasi-legislative action
to be | ||||||
20 | taken or withheld by any executive agency, department, board or
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21 | commission of the State. | ||||||
22 | (j) "Lobbyist" means any natural person who undertakes to | ||||||
23 | lobby State government
as provided in subsection (e). | ||||||
24 | (k) "Lobbying entity" means any entity that hires, retains, | ||||||
25 | employs, or compensates a natural person to lobby State | ||||||
26 | government as provided in subsection (e).
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1 | (l) "Authorized agent" means the person designated by an | ||||||
2 | entity or lobbyist registered under this Act as the person | ||||||
3 | responsible for submission and retention of reports required | ||||||
4 | under this Act. | ||||||
5 | (Source: P.A. 96-555, eff. 1-1-10.) | ||||||
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 | ||||||
9 | who, for compensation or otherwise,
undertakes to lobby, or any
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10 | person or entity who employs another person for the purposes
of | ||||||
11 | lobbying, shall register with the Secretary of State as | ||||||
12 | provided in this Act, unless that person or entity qualifies | ||||||
13 | for one or more of the following exemptions. | ||||||
14 | (1) Persons or entities who, for the purpose of | ||||||
15 | influencing any executive, legislative, or administrative | ||||||
16 | action and who do not make expenditures that are reportable | ||||||
17 | pursuant to Section 6, appear without compensation or | ||||||
18 | promise thereof only as witnesses before committees of the | ||||||
19 | House and Senate for the purpose of explaining or arguing | ||||||
20 | for or against the passage of or action upon any | ||||||
21 | legislation then pending before those committees, or who | ||||||
22 | seek without compensation or promise thereof the approval | ||||||
23 | or veto of any legislation by the Governor. | ||||||
24 | (1.4) A unit of local government or a school district. | ||||||
25 | (1.5) An elected or appointed official or an employee |
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1 | of a unit of local government or school district who, in | ||||||
2 | the scope of his or her public office or employment, seeks | ||||||
3 | to influence executive, legislative, or administrative | ||||||
4 | action exclusively on behalf of that unit of local | ||||||
5 | government or school district. | ||||||
6 | (2) Persons or entities who own, publish, or are | ||||||
7 | employed by a newspaper or other regularly published | ||||||
8 | periodical, or who own or are employed by a radio station, | ||||||
9 | television station, or other bona fide news medium that in | ||||||
10 | the ordinary course of business disseminates news, | ||||||
11 | editorial or other comment, or paid advertisements that | ||||||
12 | directly urge the passage or defeat of legislation. This | ||||||
13 | exemption is not applicable to such an individual insofar | ||||||
14 | as he or she receives additional compensation or expenses | ||||||
15 | from some source other than the bona fide news medium for | ||||||
16 | the purpose of influencing executive, legislative, or | ||||||
17 | administrative action. This exemption does not apply to | ||||||
18 | newspapers and periodicals owned by or published by trade | ||||||
19 | associations and not-for-profit corporations engaged | ||||||
20 | primarily in endeavors other than dissemination of news. | ||||||
21 | (3) Persons or entities performing professional | ||||||
22 | services in drafting bills or in advising and rendering | ||||||
23 | opinions to clients as to the construction and effect of | ||||||
24 | proposed or pending legislation when those professional | ||||||
25 | services are not otherwise, directly or indirectly, | ||||||
26 | connected with executive, legislative, or administrative |
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1 | action. | ||||||
2 | (4) Persons or entities who are employees of | ||||||
3 | departments, divisions, or agencies of State government | ||||||
4 | and who appear before committees of the House and Senate | ||||||
5 | for the purpose of explaining how the passage of or action | ||||||
6 | upon any legislation then pending before those committees | ||||||
7 | will affect those departments, divisions, or agencies of | ||||||
8 | State government. | ||||||
9 | (5) Employees of the General Assembly, legislators, | ||||||
10 | legislative agencies, and legislative commissions who, in | ||||||
11 | the course of their official duties only, engage in | ||||||
12 | activities that otherwise qualify as lobbying. | ||||||
13 | (6) Persons or entities in possession of technical | ||||||
14 | skills and knowledge relevant to certain areas of | ||||||
15 | executive, legislative, or administrative actions, whose | ||||||
16 | skills and knowledge would be helpful to officials when | ||||||
17 | considering those actions, whose activities are limited to | ||||||
18 | making occasional appearances for or communicating on | ||||||
19 | behalf of a registrant, and who do not make expenditures | ||||||
20 | that are reportable pursuant to Section 6 even though | ||||||
21 | receiving expense reimbursement for those occasional | ||||||
22 | appearances. | ||||||
23 | (7) Any full-time employee of a bona fide church or | ||||||
24 | religious organization who represents that organization | ||||||
25 | solely for the purpose of protecting the right of the | ||||||
26 | members thereof to practice the religious doctrines of that |
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1 | church or religious organization, or any such bona fide | ||||||
2 | church or religious organization. | ||||||
3 | (8) Persons or entities that who receive no | ||||||
4 | compensation other than reimbursement for expenses of up to | ||||||
5 | $500 per year while engaged in lobbying State government, | ||||||
6 | unless those persons make expenditures that are reportable | ||||||
7 | under Section 6. | ||||||
8 | (9) Any attorney or group or firm of attorneys in the | ||||||
9 | course of representing a client in any administrative or | ||||||
10 | judicial proceeding, or any witness providing testimony in | ||||||
11 | any administrative or judicial proceeding, in which ex | ||||||
12 | parte communications are not allowed and who does not make | ||||||
13 | expenditures that are reportable pursuant to Section 6. | ||||||
14 | (10) Persons or entities who, in the scope of their | ||||||
15 | employment as a vendor, offer or solicit an official for | ||||||
16 | the purchase of any goods or services when (1) the | ||||||
17 | solicitation is limited to either an oral inquiry or | ||||||
18 | written advertisements and informative literature; or (2) | ||||||
19 | the goods and services are subject to competitive bidding | ||||||
20 | requirements of the Illinois Procurement Code; or (3) the | ||||||
21 | goods and services are for sale at a cost not to exceed | ||||||
22 | $5,000; and (4) the persons or entities do not make | ||||||
23 | expenditures that are reportable under Section 6.
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24 | (b) It is a violation of this Act to engage in lobbying or | ||||||
25 | to employ any
person for the purpose of lobbying who is not | ||||||
26 | registered with the Office of the
Secretary of State, except |
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1 | upon condition that the person register and the
person does in | ||||||
2 | fact register within 2 business days after being employed or | ||||||
3 | retained for lobbying services. | ||||||
4 | (c) The Secretary may require a person or entity claiming | ||||||
5 | an exemption under this Section to certify the person or entity | ||||||
6 | is not required to register under this Act. | ||||||
7 | (Source: P.A. 96-555, eff. 1-1-10.) | ||||||
8 | (25 ILCS 170/3.1) | ||||||
9 | Sec. 3.1. Prohibition on serving on boards and commissions.
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10 | Notwithstanding any other law of this State, on and after | ||||||
11 | February 1, 2004,
but not before that date, a person required | ||||||
12 | to be registered
under this Act, his or her spouse, and his or | ||||||
13 | her immediate family members
living with that person may not
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14 | serve on a board, commission, authority, or task force | ||||||
15 | authorized or created
by State law or by executive order of the | ||||||
16 | Governor if the lobbyist is engaged in the same subject area as | ||||||
17 | defined in Section 5(c-6) as the board or commission , as | ||||||
18 | disclosed on the registration or entity report ; except that | ||||||
19 | this
restriction does not apply to any of the
following:
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20 | (1) a registered lobbyist, his or her spouse, or any | ||||||
21 | immediate family
member living with the registered | ||||||
22 | lobbyist, who is serving in an elective
public office, | ||||||
23 | whether
elected or appointed to fill a vacancy; and
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24 | (2) a registered lobbyist, his or her spouse, or any | ||||||
25 | immediate family
member living with the registered |
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1 | lobbyist, who is serving on a State
advisory body
that | ||||||
2 | makes nonbinding recommendations to an agency of State | ||||||
3 | government
but does not make binding recommendations or | ||||||
4 | determinations or take any
other substantive action.
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5 | (Source: P.A. 96-555, eff. 1-1-10.) | ||||||
6 | (25 ILCS 170/4.5) | ||||||
7 | Sec. 4.5. Ethics training. Each natural person required to | ||||||
8 | register as a lobbyist under this Act must complete a program | ||||||
9 | of ethics training provided by the Secretary of State. A | ||||||
10 | natural person registered under this Act must complete the | ||||||
11 | training program within 30 days after registration or renewal | ||||||
12 | under this Act during each calendar year the person remains | ||||||
13 | registered . If the Secretary of State uses the ethics training | ||||||
14 | developed in accordance with Section 5-10 of the State | ||||||
15 | Officials and Employees Ethics Act, that training must be | ||||||
16 | expanded to include appropriate information about the | ||||||
17 | requirements, responsibilities, and opportunities imposed by | ||||||
18 | or arising under this Act, including reporting requirements. | ||||||
19 | The Secretary of State shall adopt rules for the | ||||||
20 | implementation of this Section. | ||||||
21 | (Source: P.A. 96-555, eff. 1-1-10.) | ||||||
22 | (25 ILCS 170/5) | ||||||
23 | Sec. 5. Lobbyist registration and disclosure. Every | ||||||
24 | natural person and every entity required to
register under this |
| |||||||
| |||||||
1 | Act Section 3 shall
before any service
is performed which | ||||||
2 | requires the natural person or entity to register, but in any | ||||||
3 | event not
later than 2 business days after being employed or | ||||||
4 | retained, and on or before
each
January 31 and July 31 | ||||||
5 | thereafter, file in the Office of the
Secretary of State a | ||||||
6 | statement in a format prescribed by the Secretary of State | ||||||
7 | containing the
following
information
with respect to each | ||||||
8 | person or entity
employing or retaining the natural person or | ||||||
9 | entity required to register:
| ||||||
10 | (a) The registrant's name, permanent address, e-mail
| ||||||
11 | address, if any,
fax
number, if any, business telephone | ||||||
12 | number, and temporary address, if the
registrant has a | ||||||
13 | temporary address while lobbying.
| ||||||
14 | (a-5) If the registrant is an organization or business | ||||||
15 | entity, the
information required under subsection (a) for | ||||||
16 | each natural person associated with the
registrant who will | ||||||
17 | be lobbying,
regardless of whether lobbying is a | ||||||
18 | significant part of his or her duties.
| ||||||
19 | (b) The name and address of the client or clients | ||||||
20 | person or persons employing or retaining
the registrant to | ||||||
21 | perform such services or on whose behalf the registrant | ||||||
22 | appears.
| ||||||
23 | (c) A brief description of the executive, legislative, | ||||||
24 | or administrative
action in reference to which such service | ||||||
25 | is to be rendered.
| ||||||
26 | (c-5) Each executive and legislative branch agency the |
| |||||||
| |||||||
1 | registrant
expects
to lobby during the registration | ||||||
2 | period.
| ||||||
3 | (c-6) The nature of the client's business, by | ||||||
4 | indicating all
of the following categories that apply: (1) | ||||||
5 | banking and financial services, (2)
manufacturing, (3) | ||||||
6 | education, (4) environment, (5) healthcare, (6)
insurance, | ||||||
7 | (7) community interests, (8) labor, (9) public relations or
| ||||||
8 | advertising, (10) marketing or sales, (11) hospitality, | ||||||
9 | (12) engineering,
(13) information or technology products | ||||||
10 | or services, (14) social services,
(15) public utilities, | ||||||
11 | (16) racing or wagering, (17) real estate or
construction, | ||||||
12 | (18) telecommunications, (19) trade or professional
| ||||||
13 | association, (20) travel or tourism, (21) transportation, | ||||||
14 | (22) agriculture, and (23) (22) other
(setting forth the | ||||||
15 | nature of that other business).
| ||||||
16 | Every natural person and every entity required to register | ||||||
17 | under this Act shall annually submit the registration required | ||||||
18 | by this Section on or before each January 31. The registrant | ||||||
19 | has a continuing duty to report any substantial change or | ||||||
20 | addition to the information contained in the registration. must | ||||||
21 | file an amendment to the statement within 14 calendar
days
to | ||||||
22 | report any substantial change or addition to the information | ||||||
23 | previously
filed, except that a registrant must file an | ||||||
24 | amendment to the statement to
disclose a new agreement to | ||||||
25 | retain the registrant for lobbying services
before any service | ||||||
26 | is performed which requires the person to register, but in
any |
| |||||||
| |||||||
1 | event not later than 2 business days after entering into the | ||||||
2 | retainer
agreement.
| ||||||
3 | The Secretary of State shall make all filed statements and | ||||||
4 | amendments to statements publicly available by means of a | ||||||
5 | searchable database that is accessible through the World Wide | ||||||
6 | Web. The Secretary of State shall provide all software | ||||||
7 | necessary to comply with this provision to all natural persons | ||||||
8 | and entities required to file. The Secretary of State shall | ||||||
9 | implement a plan to provide computer access and assistance to | ||||||
10 | natural persons and entities required to file electronically. | ||||||
11 | All natural persons
and entities required to register under | ||||||
12 | this Act shall remit a single, annual, and
nonrefundable $1,000 | ||||||
13 | registration fee. Each natural person individual required to | ||||||
14 | register
under this Act shall submit, on an annual basis, a | ||||||
15 | picture of the registrant. A registrant may, in lieu of | ||||||
16 | submitting a
picture on an annual basis, authorize the | ||||||
17 | Secretary of State to use any photo
identification available in | ||||||
18 | any database maintained by the Secretary of State
for other | ||||||
19 | purposes. Of each registration fee collected for registrations | ||||||
20 | on
or after July 1, 2003, $50 shall be deposited into the | ||||||
21 | Lobbyist
Registration Administration Fund for administration | ||||||
22 | and enforcement
of this
Act and is intended to be used to | ||||||
23 | implement and maintain
electronic
filing of
reports under this | ||||||
24 | Act, the next
$100 shall be deposited into the Lobbyist
| ||||||
25 | Registration Administration Fund for administration and | ||||||
26 | enforcement of this
Act, and any balance shall be deposited |
| |||||||
| |||||||
1 | into the General Revenue Fund, except that amounts resulting | ||||||
2 | from the fee increase of this amendatory Act of the 96th | ||||||
3 | General Assembly shall be deposited into the Lobbyist | ||||||
4 | Registration Administration Fund to be used for the costs of | ||||||
5 | monitoring compliance reviewing and investigating allegations | ||||||
6 | of violations of this Act.
| ||||||
7 | (Source: P.A. 96-555, eff. 1-1-10.) | ||||||
8 | (25 ILCS 170/6) (from Ch. 63, par. 176) | ||||||
9 | Sec. 6. Reports. | ||||||
10 | (a) Lobbyist reports. Except as otherwise provided in this | ||||||
11 | Section, every lobbyist registered under this Act who is solely | ||||||
12 | employed by a lobbying entity
shall file an affirmation, | ||||||
13 | verified under
oath pursuant to Section 1-109 of the Code of | ||||||
14 | Civil Procedure, with
the
Secretary of
State attesting to the | ||||||
15 | accuracy of any reports filed pursuant to subsection (b) as | ||||||
16 | those reports pertain to work performed by the lobbyist. Any | ||||||
17 | lobbyist registered under this Act who is not solely employed | ||||||
18 | by a lobbying entity shall personally file reports required of | ||||||
19 | lobbying entities pursuant to subsection (b). A lobbyist may, | ||||||
20 | if authorized so to do by a lobbying entity by whom he or she is | ||||||
21 | employed or retained, file lobbying entity reports pursuant to | ||||||
22 | subsection (b) provided that the lobbying entity may delegate | ||||||
23 | the filing of the lobbying entity report to only one lobbyist | ||||||
24 | in any reporting period.
| ||||||
25 | (b) Lobbying entity reports. Every Except as otherwise |
| |||||||
| |||||||
1 | provided in this Section, every lobbying entity registered | ||||||
2 | under this Act shall report expenditures related to lobbying. | ||||||
3 | The report shall itemize each individual expenditure or | ||||||
4 | transaction
and shall include the name of the official on whose | ||||||
5 | behalf the
expenditure
was made, the name of the client if the | ||||||
6 | expenditure was made on behalf of a client on whose behalf the | ||||||
7 | expenditure was made, if applicable , the
total amount of the | ||||||
8 | expenditure, a description of the expenditure, the address and | ||||||
9 | location of the expenditure if the expenditure was for an | ||||||
10 | intangible item such as lodging, the date on which the | ||||||
11 | expenditure occurred and
the subject matter of the lobbying | ||||||
12 | activity, if any.
Each expenditure required to be reported | ||||||
13 | shall include all expenses made for or on behalf of an official | ||||||
14 | or his or her immediate family member living with the official. | ||||||
15 | (b-1) The report shall include any change or addition to | ||||||
16 | the client list information, required in Section 5 for | ||||||
17 | registration, since the last report, including the names and | ||||||
18 | addresses of all clients who retained the lobbying entity | ||||||
19 | together with an itemized description for each client of the | ||||||
20 | following: (1) lobbying regarding executive action, including | ||||||
21 | the name of any executive agency lobbied and the subject | ||||||
22 | matter; (2) lobbying regarding legislative action, including | ||||||
23 | the General Assembly and any other agencies lobbied and the | ||||||
24 | subject matter; and (3) lobbying regarding administrative | ||||||
25 | action, including the agency lobbied and the subject matter. | ||||||
26 | Registrants who made no reportable expenditures during a |
| |||||||
| |||||||
1 | reporting period shall file a report stating that no | ||||||
2 | expenditures were incurred.
| ||||||
3 | (b-2) Expenditures attributable to lobbying officials | ||||||
4 | shall be listed and reported
according to the following | ||||||
5 | categories:
| ||||||
6 | (1) travel and lodging on behalf of others , including, | ||||||
7 | but not limited to, all travel and living accommodations | ||||||
8 | made for or on behalf of State officials in the State | ||||||
9 | capital during sessions of the General Assembly .
| ||||||
10 | (2) meals, beverages and other entertainment.
| ||||||
11 | (3) gifts (indicating which, if any, are on the basis | ||||||
12 | of personal friendship).
| ||||||
13 | (4) honoraria.
| ||||||
14 | (5) any other thing or service of value not listed | ||||||
15 | under categories (1) through (4), setting forth a | ||||||
16 | description of the expenditure.
The category travel and | ||||||
17 | lodging includes, but is not limited to, all travel and | ||||||
18 | living accommodations made for or on behalf of State | ||||||
19 | officials in the State capital during sessions of the | ||||||
20 | General Assembly.
| ||||||
21 | (b-3) Expenditures incurred for hosting receptions, | ||||||
22 | benefits and other large
gatherings held for purposes of | ||||||
23 | goodwill or otherwise to influence executive,
legislative or | ||||||
24 | administrative action to which there are 25 or more State
| ||||||
25 | officials invited shall be reported listing only the total | ||||||
26 | amount of
the
expenditure, the date of the event, and the |
| |||||||
| |||||||
1 | estimated number of officials in
attendance.
| ||||||
2 | (b-5) A gift or honorarium returned or reimbursed to the | ||||||
3 | registrant shall not be included in the report unless the | ||||||
4 | registrant informed the official, contemporaneously with the | ||||||
5 | receipt of the gift or honorarium, that the gift or honorarium | ||||||
6 | is a reportable expenditure pursuant to this Act. Any official | ||||||
7 | included on a report may contest the disclosure of a gift or | ||||||
8 | honorarium by submitting a letter to the registrant and | ||||||
9 | Secretary of State. Each individual expenditure required to be | ||||||
10 | reported shall include all
expenses made for or on behalf of | ||||||
11 | State officials and their immediate family members.
| ||||||
12 | (b-7) Matters excluded from reports. The following items | ||||||
13 | need not be included in the report: | ||||||
14 | (1) Reasonable and bona fide expenditures made by the | ||||||
15 | registrant
who is a member of a legislative or State study | ||||||
16 | commission or committee while
attending and participating | ||||||
17 | in meetings and hearings of such commission or
committee | ||||||
18 | need not be reported .
| ||||||
19 | (2) Reasonable and bona fide expenditures made by the | ||||||
20 | registrant for personal
sustenance, lodging, travel, | ||||||
21 | office expenses and clerical or support staff
need not be | ||||||
22 | reported .
| ||||||
23 | (3) Salaries, fees, and other compensation paid to
the | ||||||
24 | registrant
for the
purposes of lobbying
need not be
| ||||||
25 | reported .
| ||||||
26 | (4) Any contributions required to be reported under |
| |||||||
| |||||||
1 | Article 9 of the Election
Code need not be reported .
| ||||||
2 | A gift or honorarium returned or reimbursed to the | ||||||
3 | registrant within 10
days after the official receives a copy of | ||||||
4 | a report pursuant to Section 6.5
shall not be included in the | ||||||
5 | final report unless the registrant informed the
official, | ||||||
6 | contemporaneously with the receipt of the gift or honorarium, | ||||||
7 | that
the gift or honorarium is a reportable expenditure | ||||||
8 | pursuant to this Act.
| ||||||
9 | (c)
A registrant who terminates employment or duties which | ||||||
10 | required him to
register under this Act shall give the | ||||||
11 | Secretary of State, within 30 days after
the date of such | ||||||
12 | termination, written notice of such termination and shall
| ||||||
13 | include therewith a report of the expenditures described | ||||||
14 | herein, covering the
period of time since the filing of his | ||||||
15 | last report to the date of termination
of employment. Such | ||||||
16 | notice and report shall be final and relieve such
registrant of | ||||||
17 | further reporting under this Act, unless and until he later | ||||||
18 | takes
employment or assumes duties requiring him to again | ||||||
19 | register under this Act.
| ||||||
20 | (d) Failure to file any such report within the time | ||||||
21 | designated or the
reporting of incomplete information shall | ||||||
22 | constitute a violation of this Act.
| ||||||
23 | A registrant shall preserve for a period of 2 years all | ||||||
24 | receipts and records
used in preparing reports under this Act.
| ||||||
25 | (e) Within 30 days after a filing deadline or as provided | ||||||
26 | by rule, the lobbyist shall notify each
official on whose |
| |||||||
| |||||||
1 | behalf an expenditure has been reported. Notification shall
| ||||||
2 | include the name of the registrant, the total amount of the | ||||||
3 | expenditure, a description of the expenditure, the
date on | ||||||
4 | which the expenditure occurred, and the subject matter of the | ||||||
5 | lobbying
activity.
| ||||||
6 | (f) A report for the period beginning January 1, 2010 and | ||||||
7 | ending on June 30, 2010 shall be filed on July 15, 2010. | ||||||
8 | Beginning July 1, 2010, reports shall be filed semi-monthly as | ||||||
9 | follows: (i) for the period beginning the first day of the | ||||||
10 | month through the 15th day of the month, the report shall be | ||||||
11 | filed on the 20th day of the month and (ii) for the period | ||||||
12 | beginning on the 16th day of the month through the last day of | ||||||
13 | the month, the report shall be filed on the 5th day of the | ||||||
14 | following month. Lobbyist and lobbying entity reports shall be | ||||||
15 | filed weekly when the General Assembly is in session and | ||||||
16 | monthly otherwise, in accordance with rules the Secretary of | ||||||
17 | State shall adopt for the implementation of this subsection. A | ||||||
18 | report filed under this Act is due in the Office of the | ||||||
19 | Secretary of State no later than the close of business on the | ||||||
20 | date on which it is required to be filed. | ||||||
21 | (g) All reports filed under this Act shall be filed in a | ||||||
22 | format or on forms prescribed by the Secretary of State.
| ||||||
23 | (Source: P.A. 96-555, eff. 1-1-10.) | ||||||
24 | (25 ILCS 170/7) (from Ch. 63, par. 177) | ||||||
25 | Sec. 7. Duties of the Secretary of State.
|
| |||||||
| |||||||
1 | (a) It shall be the duty of the Secretary of State to | ||||||
2 | provide appropriate
forms for the registration and reporting of | ||||||
3 | information required by this
Act and to keep such registrations | ||||||
4 | and reports on file in his office for 3
years from the date of | ||||||
5 | filing. He shall also provide and maintain a
register with | ||||||
6 | appropriate blanks and indexes so that the information
required | ||||||
7 | in Sections 5 and 6 of this Act may be accordingly entered. | ||||||
8 | Such
records shall be considered public information and open to | ||||||
9 | public
inspection.
| ||||||
10 | (b) Within 5 business 10 days after a filing deadline, the | ||||||
11 | Secretary of State shall notify
persons he determines are | ||||||
12 | required to file but have failed to do so.
| ||||||
13 | (c) The Secretary of State shall provide adequate software | ||||||
14 | to the persons required to file under this Act, and all | ||||||
15 | registrations, reports, statements, and amendments required to | ||||||
16 | be filed shall be filed electronically.
The Secretary of
State | ||||||
17 | shall promptly make all filed reports publicly available by | ||||||
18 | means of a
searchable database that is accessible through the | ||||||
19 | World Wide Web. The
Secretary of State shall provide all | ||||||
20 | software necessary to comply with this
provision to all persons | ||||||
21 | required to file. The Secretary of State shall
implement a plan | ||||||
22 | to provide computer access and assistance to persons
required | ||||||
23 | to file electronically. | ||||||
24 | (d) The Not later than 12 months after the effective date | ||||||
25 | of this amendatory Act of
the 93rd General Assembly, the | ||||||
26 | Secretary of State shall include registrants'
pictures when |
| |||||||
| |||||||
1 | publishing
or posting on his or her website the information | ||||||
2 | required in Section 5.
| ||||||
3 | (e) The Secretary of State shall receive and investigate | ||||||
4 | allegations of violations of this Act. Any employee of the | ||||||
5 | Secretary of State who receives an allegation shall immediately | ||||||
6 | transmit it to the Secretary of State Inspector General.
| ||||||
7 | (Source: P.A. 96-555, eff. 1-1-10.) | ||||||
8 | (25 ILCS 170/11) (from Ch. 63, par. 181) | ||||||
9 | Sec. 11. Enforcement. | ||||||
10 | (a) The Secretary of State Inspector General appointed | ||||||
11 | under Section 14 of the Secretary of State Act shall initiate | ||||||
12 | investigations of violations of this Act upon receipt of an | ||||||
13 | allegation. If the Inspector General finds credible evidence of | ||||||
14 | a violation, he or she shall make the information available to | ||||||
15 | the public and transmit copies of the evidence to the alleged | ||||||
16 | violator. If the violator does not correct the violation within | ||||||
17 | 30 calendar days, the Inspector General shall transmit the full | ||||||
18 | record of the investigation to any appropriate State's Attorney | ||||||
19 | or to the Attorney General.
However, if the violator is working | ||||||
20 | in conjunction with the Inspector General to correct the | ||||||
21 | violation, the Inspector General may extend this time period | ||||||
22 | for an additional 30 calendar days. | ||||||
23 | (b) Any violation of this Act may be prosecuted in the | ||||||
24 | county where the
offense is committed or in Sangamon County. In | ||||||
25 | addition to the State's
Attorney of the appropriate county, the |
| |||||||
| |||||||
1 | Attorney General of Illinois also
is authorized to prosecute | ||||||
2 | any violation of this Act. | ||||||
3 | (Source: P.A. 96-555, eff. 1-1-10.) | ||||||
4 | (25 ILCS 170/11.3) | ||||||
5 | Sec. 11.3. Compensation from a State agency. It is a | ||||||
6 | violation of this Act for a person registered or required to be | ||||||
7 | registered under this Act to accept or agree to accept | ||||||
8 | compensation from a State agency for the purpose of lobbying | ||||||
9 | legislative action. | ||||||
10 | This Section does not apply to compensation (i) that is a | ||||||
11 | portion of the salary of a full-time employee of a State agency | ||||||
12 | whose responsibility or authority includes, but is not limited | ||||||
13 | to, lobbying executive, legislative, or administrative action | ||||||
14 | or (ii) to an individual who is contractually retained by a | ||||||
15 | State agency that is not listed in Section 5-15 of the Civil | ||||||
16 | Administrative Code of Illinois. | ||||||
17 | For the purpose of this Section, "State agency" is defined | ||||||
18 | as in the Civil Administrative Code of Illinois State Auditing | ||||||
19 | Act . | ||||||
20 | (Source: P.A. 96-555, eff. 1-1-10.) | ||||||
21 | (25 ILCS 170/6.5 rep.) | ||||||
22 | Section 15. The Lobbyist Registration Act is amended by | ||||||
23 | repealing Section 6.5 as of July 1, 2010.
|
| |||||||
| |||||||
1 | Section 99. Effective date. This Act takes effect January | ||||||
2 | 1, 2010.".
|