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1 | AN ACT concerning ethics.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The State Officials and Employees Ethics Act is | ||||||||||||||||||||||||||||||||||||||||||||||||||
5 | amended by adding Section 5-47 and by changing Section 50-5 as | ||||||||||||||||||||||||||||||||||||||||||||||||||
6 | follows: | ||||||||||||||||||||||||||||||||||||||||||||||||||
7 | (5 ILCS 430/5-47 new) | ||||||||||||||||||||||||||||||||||||||||||||||||||
8 | Sec. 5-47. Lobbying; revolving door. No State employee may | ||||||||||||||||||||||||||||||||||||||||||||||||||
9 | accept compensation or other employment as a lobbyist | ||||||||||||||||||||||||||||||||||||||||||||||||||
10 | representing clients before any State agency for which the | ||||||||||||||||||||||||||||||||||||||||||||||||||
11 | employee worked for one year from the date the employee left | ||||||||||||||||||||||||||||||||||||||||||||||||||
12 | that agency. | ||||||||||||||||||||||||||||||||||||||||||||||||||
13 | (5 ILCS 430/50-5)
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14 | Sec. 50-5. Penalties.
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15 | (a) A person is guilty of a Class A misdemeanor if that | ||||||||||||||||||||||||||||||||||||||||||||||||||
16 | person intentionally
violates any provision of Section 5-15, | ||||||||||||||||||||||||||||||||||||||||||||||||||
17 | 5-30, 5-40, or 5-45 , or 5-47 or Article 15.
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18 | (b) A person who intentionally violates any provision
of | ||||||||||||||||||||||||||||||||||||||||||||||||||
19 | Section 5-20, 5-35, 5-50, or 5-55 is guilty of a business | ||||||||||||||||||||||||||||||||||||||||||||||||||
20 | offense
subject to a fine of at least $1,001 and up to $5,000.
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21 | (c) A person who intentionally violates any provision of | ||||||||||||||||||||||||||||||||||||||||||||||||||
22 | Article 10 is
guilty of a business
offense and subject to a |
| |||||||
| |||||||
1 | fine of at least $1,001 and up to $5,000.
| ||||||
2 | (d) Any person who intentionally makes a
false report | ||||||
3 | alleging a violation of any provision of this Act to an ethics
| ||||||
4 | commission,
an inspector general,
the State Police, a State's | ||||||
5 | Attorney, the Attorney General, or any other law
enforcement | ||||||
6 | official is guilty of a Class A misdemeanor.
| ||||||
7 | (e) An ethics commission may levy an administrative fine of | ||||||
8 | up to $5,000
against any person
who violates this Act, who | ||||||
9 | intentionally obstructs or interferes with an
investigation
| ||||||
10 | conducted under this Act by an inspector general, or who
| ||||||
11 | intentionally makes a false, frivolous, or bad faith | ||||||
12 | allegation.
| ||||||
13 | (f) In addition to any other penalty that may apply, | ||||||
14 | whether criminal or
civil, a State employee who intentionally | ||||||
15 | violates
any provision of Section 5-15, 5-20, 5-30, 5-35, 5-40, | ||||||
16 | or 5-50, Article 10,
Article 15, or Section 20-90 or 25-90 is | ||||||
17 | subject to discipline or discharge by
the
appropriate ultimate
| ||||||
18 | jurisdictional authority.
| ||||||
19 | (Source: P.A. 93-615, eff. 11-19-03; 93-617, eff. 12-9-03.)
| ||||||
20 | Section 10. The General Assembly Staff Assistants Act is | ||||||
21 | amended by adding Section 3 as follows: | ||||||
22 | (25 ILCS 160/3 new) | ||||||
23 | Sec. 3. Posting of witness slips. During the period the | ||||||
24 | General Assembly is in session, each legislative committee |
| |||||||
| |||||||
1 | clerk, as assigned, shall ensure that any witness slips | ||||||
2 | proffered for committee testimony are entered into an | ||||||
3 | electronic database and posted with bill information on the | ||||||
4 | General Assembly website. | ||||||
5 | Section 15. The Lobbyist Registration Act is amended by | ||||||
6 | changing Sections 2, 3, 5, 6, 6.5, 7, and 10 and by adding | ||||||
7 | Sections 3.5 and 10.5 as follows:
| ||||||
8 | (25 ILCS 170/2) (from Ch. 63, par. 172)
| ||||||
9 | Sec. 2. Definitions. As used in this Act, unless the | ||||||
10 | context otherwise
requires:
| ||||||
11 | (a) "Person" means any individual, firm, partnership, | ||||||
12 | committee,
association, corporation, or any other organization | ||||||
13 | or group of persons.
| ||||||
14 | (b) "Expenditure" means a payment, distribution, loan, | ||||||
15 | advance, deposit,
or gift of money or anything of value, and | ||||||
16 | includes a contract, promise, or
agreement, whether or not | ||||||
17 | legally enforceable, to make an expenditure, for
the ultimate | ||||||
18 | purpose of influencing executive, legislative, or | ||||||
19 | administrative
action, other than compensation as defined in | ||||||
20 | subsection (d).
| ||||||
21 | (c) "Official" means any officer, member, or employee as | ||||||
22 | those terms are defined in the State Officials and Employees | ||||||
23 | Ethics Act. :
| ||||||
24 | (1) the Governor, Lieutenant Governor, Secretary of |
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| |||||||
1 | State, Attorney
General, State Treasurer, and State | ||||||
2 | Comptroller;
| ||||||
3 | (2) Chiefs of Staff for officials described in item | ||||||
4 | (1);
| ||||||
5 | (3) Cabinet members of any elected constitutional | ||||||
6 | officer, including
Directors, Assistant Directors and | ||||||
7 | Chief Legal Counsel or General Counsel;
| ||||||
8 | (4) Members of the General Assembly.
| ||||||
9 | (d) "Compensation" means any money, thing of value or | ||||||
10 | financial benefits
received or to be received in return for | ||||||
11 | services rendered or to be
rendered, for lobbying as defined in | ||||||
12 | subsection (e).
| ||||||
13 | Monies paid to members of the General Assembly by the State | ||||||
14 | as
remuneration for performance of their Constitutional and | ||||||
15 | statutory duties
as members of the General Assembly shall not | ||||||
16 | constitute compensation as
defined by this Act.
| ||||||
17 | (e) "Lobby" and "lobbying"
"Lobbying" means any | ||||||
18 | communication with an official of the
executive or legislative | ||||||
19 | branch of State government as defined in subsection
(c) for the | ||||||
20 | ultimate purpose of influencing any executive, legislative, or
| ||||||
21 | administrative action.
| ||||||
22 | (f) "Influencing" means any communication, action, | ||||||
23 | reportable
expenditure as prescribed in Section 6 or other | ||||||
24 | means used to promote,
support, affect, modify, oppose or delay | ||||||
25 | any executive, legislative or
administrative action or to | ||||||
26 | promote goodwill with officials as defined in
subsection (c).
|
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| |||||||
1 | (g) "Executive action" means the proposal, drafting, | ||||||
2 | development,
consideration, amendment, adoption, approval, | ||||||
3 | promulgation, issuance,
modification, rejection or | ||||||
4 | postponement by a State entity of a rule,
regulation, order, | ||||||
5 | decision, determination, contractual arrangement, purchasing
| ||||||
6 | agreement or other quasi-legislative or quasi-judicial action | ||||||
7 | or proceeding.
| ||||||
8 | (h) "Legislative action" means the development, drafting, | ||||||
9 | introduction,
consideration, modification, adoption, | ||||||
10 | rejection, review, enactment, or passage
or defeat of any bill, | ||||||
11 | amendment, resolution, report, nomination,
administrative rule | ||||||
12 | or other matter by either house of the General Assembly or
a | ||||||
13 | committee thereof, or by a legislator. Legislative action also | ||||||
14 | means the
action of the Governor in approving or vetoing any | ||||||
15 | bill or portion thereof, and
the action of the Governor or any | ||||||
16 | agency in the development of a proposal for
introduction in the | ||||||
17 | legislature.
| ||||||
18 | (i) "Administrative action" means the execution or | ||||||
19 | rejection of any rule,
regulation, legislative rule, standard, | ||||||
20 | fee, rate, contractual arrangement,
purchasing agreement or | ||||||
21 | other delegated legislative or quasi-legislative action
to be | ||||||
22 | taken or withheld by any executive agency, department, board or
| ||||||
23 | commission of the State.
| ||||||
24 | (j) "Lobbyist" means any natural person who undertakes to | ||||||
25 | lobby State government
as provided in subsection (e).
| ||||||
26 | (k) "Lobbying entity" means any entity that hires, retains, |
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| |||||||
1 | employs, or compensates a natural person to lobby State | ||||||
2 | government as provided in subsection (e).
| ||||||
3 | (Source: P.A. 88-187.)
| ||||||
4 | (25 ILCS 170/3) (from Ch. 63, par. 173)
| ||||||
5 | Sec. 3. Persons required to register.
| ||||||
6 | (a) Except as provided in Section
Sections 4 and 9, any | ||||||
7 | natural
the following persons shall
register with the Secretary | ||||||
8 | of State as provided herein: (1) Any person who, for | ||||||
9 | compensation or otherwise,
undertakes to lobby, or any
either | ||||||
10 | individually or as an employee or contractual employee of | ||||||
11 | another
person, undertakes to influence executive, legislative | ||||||
12 | or administrative
action. (2) Any person or entity who employs | ||||||
13 | another person for the purposes
of lobbying, shall register | ||||||
14 | with the Secretary of State as provided in this Act, unless | ||||||
15 | that person or entity qualifies for one or more of the | ||||||
16 | following exemptions
influencing executive, legislative or | ||||||
17 | administrative action .
| ||||||
18 | (1) Persons or entities who, for the purpose of | ||||||
19 | influencing executive, legislative, or administrative | ||||||
20 | action and who do not make expenditures that are reportable | ||||||
21 | pursuant to Section 6, appear without compensation or | ||||||
22 | promise thereof only as witnesses before committees of the | ||||||
23 | House and Senate for the purpose of explaining or arguing | ||||||
24 | for or against the passage of or action upon any | ||||||
25 | legislation then pending before those committees, or who |
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1 | seek without compensation or promise thereof the approval | ||||||
2 | or veto of any legislation by the Governor. | ||||||
3 | (1.4) A unit of local government or a school district. | ||||||
4 | (1.5) An elected or appointed official or an employee | ||||||
5 | of a unit of local government or school district who, in | ||||||
6 | the scope of his or her public office or employment, seeks | ||||||
7 | to influence executive, legislative, or administrative | ||||||
8 | action exclusively on behalf of that unit of local | ||||||
9 | government or school district. | ||||||
10 | (2) Persons or entities who own, publish, or are | ||||||
11 | employed by a newspaper or other regularly published | ||||||
12 | periodical, or who own or are employed by a radio station, | ||||||
13 | television station, or other bona fide news medium that in | ||||||
14 | the ordinary course of business disseminates news, | ||||||
15 | editorial or other comment, or paid advertisements that | ||||||
16 | directly urge the passage or defeat of legislation. This | ||||||
17 | exemption is not applicable to such an individual insofar | ||||||
18 | as he or she receives additional compensation or expenses | ||||||
19 | from some source other than the bona fide news medium for | ||||||
20 | the purpose of influencing executive, legislative, or | ||||||
21 | administrative action. This exemption does not apply to | ||||||
22 | newspapers and periodicals owned by or published by trade | ||||||
23 | associations and profit corporations engaged primarily in | ||||||
24 | endeavors other than dissemination of news. | ||||||
25 | (3) Persons or entities performing professional | ||||||
26 | services in drafting bills or in advising and rendering |
| |||||||
| |||||||
1 | opinions to clients as to the construction and effect of | ||||||
2 | proposed or pending legislation when those professional | ||||||
3 | services are not otherwise, directly or indirectly, | ||||||
4 | connected with executive, legislative, or administrative | ||||||
5 | action. | ||||||
6 | (4) Persons or entities who are employees of | ||||||
7 | departments, divisions, or agencies of State government | ||||||
8 | and who appear before committees of the House and Senate | ||||||
9 | for the purpose of explaining how the passage of or action | ||||||
10 | upon any legislation then pending before those committees | ||||||
11 | will affect those departments, divisions, or agencies of | ||||||
12 | State government. | ||||||
13 | (5) Employees of the General Assembly, legislators, | ||||||
14 | legislative agencies, and legislative commissions who, in | ||||||
15 | the course of their official duties only, engage in | ||||||
16 | activities that otherwise qualify as lobbying. | ||||||
17 | (6) Persons or entities in possession of technical | ||||||
18 | skills and knowledge relevant to certain areas of | ||||||
19 | executive, legislative, or administrative actions, whose | ||||||
20 | skills and knowledge would be helpful to officials when | ||||||
21 | considering those actions, whose activities are limited to | ||||||
22 | making occasional appearances for or communicating on | ||||||
23 | behalf of a registrant, and who do not make expenditures | ||||||
24 | that are reportable pursuant to Section 6 even though | ||||||
25 | receiving expense reimbursement for those occasional | ||||||
26 | appearances. |
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| |||||||
1 | (7) Any full-time employee of a bona fide church or | ||||||
2 | religious organization who represents that organization | ||||||
3 | solely for the purpose of protecting the right of the | ||||||
4 | members thereof to practice the religious doctrines of that | ||||||
5 | church or religious organization, or any such bona fide | ||||||
6 | church or religious organization. | ||||||
7 | (8) Persons who receive no compensation other than | ||||||
8 | reimbursement for expenses of up to $500 per year while | ||||||
9 | engaged in lobbying State government, unless those persons | ||||||
10 | make expenditures that are reportable under Section 6. | ||||||
11 | (9) Any attorney or group or firm of attorneys in the | ||||||
12 | course of representing a client in any administrative or | ||||||
13 | judicial proceeding, or any witness providing testimony in | ||||||
14 | any administrative or judicial proceeding, in which ex | ||||||
15 | parte communications are not allowed and who does not make | ||||||
16 | expenditures that are reportable pursuant to Section 6. | ||||||
17 | (10) Persons or entities who, in the scope of their | ||||||
18 | employment as a vendor, offer or solicit an official for | ||||||
19 | the purchase of any goods or services when (1) the | ||||||
20 | solicitation is limited to either an oral inquiry or | ||||||
21 | written advertisements and informative literature; or (2) | ||||||
22 | the goods and services are subject to competitive bidding | ||||||
23 | requirements of the Illinois Procurement Code; or (3) the | ||||||
24 | goods and services are for sale at a cost not to exceed | ||||||
25 | $5,000; and (4) the persons or entities do not make | ||||||
26 | expenditures that are reportable under Section 6.
|
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| |||||||
1 | (b) It is a violation of this Act to engage in lobbying or | ||||||
2 | to employ any
person for the purpose of lobbying who is not | ||||||
3 | registered with the Office of the
Secretary of State, except | ||||||
4 | upon condition that the person register and the
person does in | ||||||
5 | fact register within 2 business days after being employed or | ||||||
6 | retained for lobbying services.
| ||||||
7 | (Source: P.A. 93-615, eff. 11-19-03.)
| ||||||
8 | (25 ILCS 170/3.5 new)
| ||||||
9 | Sec. 3.5. Local government and school district | ||||||
10 | acknowledgement. | ||||||
11 | (a) Any unit of local government or school district that | ||||||
12 | claims exemption from registration under Section 3(a)(1.4) | ||||||
13 | shall file an acknowledgement with the Secretary of State. | ||||||
14 | (b) The acknowledgement shall contain the following | ||||||
15 | information in substantially the following form:
| ||||||
16 | ACKNOWLEDGEMENT | ||||||
17 | (1)............., a [unit of local government or | ||||||
18 | school district], hereby acknowledges that it has engaged | ||||||
19 | the following lobbyists for the following purposes | ||||||
20 | .............................to lobby [name or names of | ||||||
21 | State executive or legislative agencies or offices the | ||||||
22 | lobbyist is to lobby] regarding | ||||||
23 | ............................................................. | ||||||
24 | ............................................................. | ||||||
25 | [a brief description of the executive, legislative, or |
| |||||||
| |||||||
1 | administrative action in reference to which the service is | ||||||
2 | rendered, including bill numbers where available] | ||||||
3 | (2) The unit or district pledges to provide at least as | ||||||
4 | much information about these relationships as is required | ||||||
5 | by the Lobbyist Registration Act under the terms of the | ||||||
6 | Freedom of Information Act (FOIA). The unit's or district's | ||||||
7 | FOIA compliance officer is ....................... His or | ||||||
8 | her mailing address is ...................... His or her | ||||||
9 | telephone number is | ||||||
10 | ............................................................. | ||||||
11 | His or her fax number is | ||||||
12 | ............................................................. | ||||||
13 | His or her e mail address is | ||||||
14 | ............................................................. | ||||||
15 | (3) The head of the unit or district under FOIA (for | ||||||
16 | appeals purposes) is | ||||||
17 | ............................................................. | ||||||
18 | His or her mailing address is | ||||||
19 | ............................................................. | ||||||
20 | ............................................................. | ||||||
21 | ............................................................. | ||||||
22 | His or her telephone number is | ||||||
23 | ............................................................. | ||||||
24 | His or her fax number is | ||||||
25 | ............................................................. | ||||||
26 | His or her e mail address is |
| |||||||
| |||||||
1 | ............................................................. | ||||||
2 | The acknowledgement shall be signed and dated by the | ||||||
3 | chief executive officer of the unit of local government or | ||||||
4 | school district. | ||||||
5 | (c) An acknowledgement shall be filed not later than 2 | ||||||
6 | business days after the unit or district employs or retains a | ||||||
7 | registrant. The filing unit or district shall amend the | ||||||
8 | acknowledgement within 14 calendar days after any substantial | ||||||
9 | changes or additions in order to report those changes or | ||||||
10 | additions, except that an amendment to acknowledge a new | ||||||
11 | agreement to retain or employ a registrant for lobbying | ||||||
12 | services shall be filed before any services that require the | ||||||
13 | person to register are performed, but in any event not later | ||||||
14 | than 2 business days after entering into the agreement. | ||||||
15 | For the purpose of this Section, a substantial change to an | ||||||
16 | acknowledgement means an addition to or deletion from, or a | ||||||
17 | change in the identity of, a lobbyist, lobbying entity, Freedom | ||||||
18 | of Information Act compliance officer, or head of the unit or | ||||||
19 | district under the Freedom of Information Act (for appeals | ||||||
20 | purposes). Changes in contact information, such as mailing | ||||||
21 | addresses or telephone or fax numbers, do not constitute a | ||||||
22 | substantial change requiring a new filing. | ||||||
23 | (d) There shall be no fee for filing an acknowledgement. | ||||||
24 | Violators of this Section, however, may be assessed penalties | ||||||
25 | under Section 10. |
| |||||||
| |||||||
1 | (25 ILCS 170/5)
| ||||||
2 | Sec. 5. Lobbyist registration and disclosure. Every person | ||||||
3 | required to
register under Section 3 shall
before any service
| ||||||
4 | is performed which requires the person to register, but in any | ||||||
5 | event not
later than 2 business days after being employed or | ||||||
6 | retained, and on or before
each
January 31 and July 31 | ||||||
7 | thereafter, file in the Office of the
Secretary of State a | ||||||
8 | written statement in a format prescribed by the Secretary of | ||||||
9 | State containing the
following
information
with respect to each | ||||||
10 | person or entity
employing or retaining the person required to | ||||||
11 | 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 organization or business | ||||||
17 | entity, the
information required under subsection (a) for | ||||||
18 | each person associated with the
registrant who will be | ||||||
19 | lobbying,
regardless of whether lobbying is a significant | ||||||
20 | part of his or her duties.
| ||||||
21 | (b) The name and address of the person or persons | ||||||
22 | employing or retaining
registrant to perform such services | ||||||
23 | or on whose behalf the registrant appears.
| ||||||
24 | (c) A brief description of the executive, legislative, | ||||||
25 | or administrative
action in reference to which such service | ||||||
26 | is to be rendered.
|
| |||||||
| |||||||
1 | (c-5) Each executive and legislative branch agency the | ||||||
2 | registrant
expects
to lobby during the registration | ||||||
3 | period.
| ||||||
4 | (c-6) The nature of the client's business, by | ||||||
5 | indicating all
of the following categories that apply: (1) | ||||||
6 | banking and financial services, (2)
manufacturing, (3) | ||||||
7 | education, (4) environment, (5) healthcare, (6)
insurance, | ||||||
8 | (7) community interests, (8) labor, (9) public relations or
| ||||||
9 | advertising, (10) marketing or sales, (11) hospitality, | ||||||
10 | (12) engineering,
(13) information or technology products | ||||||
11 | or services, (14) social services,
(15) public utilities, | ||||||
12 | (16) racing or wagering, (17) real estate or
construction, | ||||||
13 | (18) telecommunications, (19) trade or professional
| ||||||
14 | association, (20) travel or tourism, (21) transportation, | ||||||
15 | and (22) other
(setting forth the nature of that other | ||||||
16 | business).
| ||||||
17 | The registrant must file an amendment to the statement | ||||||
18 | within 14 calendar
days
to report any substantial change or | ||||||
19 | addition to the information previously
filed, except that a | ||||||
20 | registrant must file an amendment to the statement to
disclose | ||||||
21 | a new agreement to retain the registrant for lobbying services
| ||||||
22 | before any service is performed which requires the person to | ||||||
23 | register, but in
any event not later than 2 business days after | ||||||
24 | entering into the retainer
agreement.
| ||||||
25 | Not later than 12 months after the effective date of this | ||||||
26 | amendatory
Act of the 93rd General Assembly, or as soon |
| |||||||
| |||||||
1 | thereafter as the Secretary of
State has provided adequate | ||||||
2 | software to the persons required to file, all
statements and | ||||||
3 | amendments to statements required to be filed shall be filed
| ||||||
4 | electronically. The Secretary of State shall promptly make all | ||||||
5 | filed
statements and amendments to statements publicly | ||||||
6 | available by means of a
searchable database that is accessible | ||||||
7 | through the World Wide Web. The
Secretary of State shall | ||||||
8 | provide all software necessary to comply with this
provision to | ||||||
9 | all persons required to file. The Secretary of State shall
| ||||||
10 | implement a plan to provide computer access and assistance to | ||||||
11 | persons
required to file electronically.
| ||||||
12 | Persons required to register under this Act prior to July | ||||||
13 | 1, 2003,
shall
remit a single, annual and nonrefundable $50 | ||||||
14 | registration fee.
All fees collected for registrations prior to | ||||||
15 | July 1, 2003, shall be deposited
into the Lobbyist Registration | ||||||
16 | Administration Fund for administration and
enforcement of this | ||||||
17 | Act. Beginning July 1, 2003, all persons other than
entities | ||||||
18 | qualified under Section 501(c)(3) of the Internal Revenue Code
| ||||||
19 | required to register under this Act shall remit a single, | ||||||
20 | annual, and
nonrefundable $350 registration fee. Entities | ||||||
21 | required to register under this
Act
which are qualified under | ||||||
22 | Section 501(c)(3) of the Internal Revenue Code shall
remit a | ||||||
23 | single, annual,
and nonrefundable $150 registration fee. Each | ||||||
24 | individual required to register
under this Act shall submit, on | ||||||
25 | an annual basis, a picture of the registrant. A registrant may, | ||||||
26 | in lieu of submitting a
picture on an annual basis, authorize |
| |||||||
| |||||||
1 | the Secretary of State to use any photo
identification | ||||||
2 | available in any database maintained by the Secretary of State
| ||||||
3 | for other purposes. Of each registration fee collected for | ||||||
4 | registrations on
or after July 1, 2003, $50 shall be deposited | ||||||
5 | into the Lobbyist
Registration Administration Fund for | ||||||
6 | administration and enforcement
of this
Act and is intended to | ||||||
7 | be used to implement and maintain
electronic
filing of
reports | ||||||
8 | under this Act, the next
$100 shall be deposited into the | ||||||
9 | Lobbyist
Registration Administration Fund for administration | ||||||
10 | and enforcement of this
Act, and any balance shall be deposited | ||||||
11 | into the General Revenue Fund.
| ||||||
12 | (Source: P.A. 93-32, eff. 7-1-03; 93-615, eff. 11-19-03; | ||||||
13 | 93-617, eff. 12-9-03.)
| ||||||
14 | (25 ILCS 170/6) (from Ch. 63, par. 176)
| ||||||
15 | Sec. 6. Reports.
| ||||||
16 | (a) Lobbyist reports. Except as otherwise provided in this | ||||||
17 | Section, every lobbyist registered under this Act who is solely | ||||||
18 | employed by a lobbying entity
person required to
register as | ||||||
19 | prescribed in Section 3 shall file an affirmation
report , | ||||||
20 | verified under
oath pursuant to Section 1-109 of the Code of | ||||||
21 | Civil Procedure, with
to the
Secretary of
State attesting to | ||||||
22 | the accuracy of any reports filed pursuant to subsection (b) as | ||||||
23 | those reports pertain to work performed by the lobbyist. Any | ||||||
24 | lobbyist registered under this Act who is not solely employed | ||||||
25 | by a lobbying entity shall personally file reports required of |
| |||||||
| |||||||
1 | lobbying entities pursuant to subsection (b). A lobbyist may, | ||||||
2 | if authorized so to do by a lobbying entity by whom he or she is | ||||||
3 | employed or retained, file lobbying entity reports pursuant to | ||||||
4 | section (b) provided that the lobbying entity may delegate the | ||||||
5 | filing of the lobbying entity report to only one lobbyist in | ||||||
6 | any reporting period
all expenditures for lobbying made or | ||||||
7 | incurred by the lobbyist on his
behalf or the behalf of his | ||||||
8 | employer. In the case where an individual is
solely employed by | ||||||
9 | another person to perform job related functions any part of
| ||||||
10 | which includes lobbying, the employer shall be responsible for | ||||||
11 | reporting all
lobbying expenditures incurred on the employer's | ||||||
12 | behalf as shall be identified
by the lobbyist to the employer | ||||||
13 | preceding such report. Persons who contract
with another person | ||||||
14 | to perform lobbying activities shall be responsible for
| ||||||
15 | reporting all lobbying expenditures incurred on the employer's | ||||||
16 | behalf. Any
additional lobbying expenses incurred by the | ||||||
17 | employer which are separate and
apart from those incurred by | ||||||
18 | the contractual employee shall be reported by the
employer .
| ||||||
19 | (b) Lobbying entity reports. Except as otherwise provided | ||||||
20 | in this Section, every lobbying entity registered under this | ||||||
21 | Act shall report all revenues and expenditures related to | ||||||
22 | lobbying. The report shall itemize each individual expenditure | ||||||
23 | or transaction
over
$75, shall include an aggregate total for | ||||||
24 | all non-itemized expenditures or transactions,
$100 and shall | ||||||
25 | include the name of the official on whose behalf the
| ||||||
26 | expenditure
was made, the name of the client on whose behalf |
| |||||||
| |||||||
1 | the expenditure was made, the
total amount of the expenditure, | ||||||
2 | a description of the expenditure, the address and location of | ||||||
3 | the expenditure if the expenditure was for an intangible item | ||||||
4 | such as lodging, the date on which the expenditure occurred and
| ||||||
5 | the subject matter of the lobbying activity, if any.
| ||||||
6 | The report shall include the names and addresses of all | ||||||
7 | clients who retained the lobbying entity together with an | ||||||
8 | itemized description for each client of the following: (1) | ||||||
9 | lobbying regarding executive action, including the name of any | ||||||
10 | agency lobbied, the names of any officials lobbied, the | ||||||
11 | specific subject matter discussed with each agency or official, | ||||||
12 | and the total amount billed to the client, together with | ||||||
13 | subtotals for professional services and reimbursements; (2) | ||||||
14 | lobbying regarding legislative action, including the names of | ||||||
15 | any officials lobbied, the specific subject matter discussed, | ||||||
16 | including bill numbers when available, and the total amount | ||||||
17 | billed to the client, together with subtotals for professional | ||||||
18 | services and reimbursements; and (3) lobbying regarding | ||||||
19 | administrative action, including the specific subject matter | ||||||
20 | and the total billed to the client, including subtotals for | ||||||
21 | professional services and reimbursements. Registrants who made | ||||||
22 | no reportable expenditures during a reporting period shall file | ||||||
23 | a report stating that no expenditures were incurred.
| ||||||
24 | Expenditures attributable to lobbying officials shall be | ||||||
25 | listed and reported
according to the following categories:
| ||||||
26 | (1) travel and lodging on behalf of others.
|
| |||||||
| |||||||
1 | (2) meals, beverages and other entertainment.
| ||||||
2 | (3) gifts (indicating which, if any, are on the basis | ||||||
3 | of personal friendship) .
| ||||||
4 | (4) honoraria.
| ||||||
5 | (5) any other thing or service of value not listed | ||||||
6 | under categories (1) through (4), setting forth a | ||||||
7 | description of the expenditure.
The category travel and | ||||||
8 | lodging includes, but is not limited to, all travel and | ||||||
9 | living accommodations made for or on behalf of State | ||||||
10 | officials in the State capital during sessions of the | ||||||
11 | General Assembly.
| ||||||
12 | Individual expenditures required to be reported as | ||||||
13 | described herein which
are
equal to or less than $100 in value | ||||||
14 | need not be itemized but are required to be
categorized and | ||||||
15 | reported by officials in an aggregate total in a manner
| ||||||
16 | prescribed by rule of the Secretary of State.
| ||||||
17 | (b-3) Expenditures incurred for hosting receptions, | ||||||
18 | benefits and other large
gatherings held for purposes of | ||||||
19 | goodwill or otherwise to influence executive,
legislative or | ||||||
20 | administrative action to which there are 25 or more State
| ||||||
21 | officials invited shall be reported listing only the total | ||||||
22 | amount of
the
expenditure, the date of the event, and the | ||||||
23 | estimated number of officials in
attendance.
| ||||||
24 | (b-5) Each individual expenditure required to be reported | ||||||
25 | shall include all
expenses made for or on behalf of State | ||||||
26 | officials and their immediate family members of the immediate
|
| |||||||
| |||||||
1 | family of those persons .
| ||||||
2 | The category travel and lodging includes, but is not | ||||||
3 | limited to, all travel
and living accommodations made for or on | ||||||
4 | behalf of State officials in the
capital during sessions of the | ||||||
5 | General Assembly.
| ||||||
6 | (b-7) Matters excluded from reports. Reasonable and bona | ||||||
7 | fide expenditures made by the registrant
who is a member of a | ||||||
8 | legislative or State study commission or committee while
| ||||||
9 | attending and participating in meetings and hearings of such | ||||||
10 | commission or
committee need not be reported.
| ||||||
11 | Reasonable and bona fide expenditures made by the | ||||||
12 | registrant for personal
sustenance, lodging, travel, office | ||||||
13 | expenses and clerical or support staff
need not be reported.
| ||||||
14 | Salaries , fees, and other compensation paid to a lobbyist
| ||||||
15 | the registrant
for the
purposes of lobbying
need not be
| ||||||
16 | reported , but total billings by lobbying entities or, if the | ||||||
17 | lobbyist was personally employed by more than one lobbying | ||||||
18 | entity, to clients shall be included in the report. | ||||||
19 | Expenditures made for activities covered in items (1) through | ||||||
20 | (10) of Section 3(a) may be excluded from the report .
| ||||||
21 | Any contributions required to be reported under Article 9 | ||||||
22 | of the Election
Code need not be reported.
| ||||||
23 | The report shall include: (1) the name of each State | ||||||
24 | government
entity lobbied; (2) whether the lobbying involved | ||||||
25 | executive, legislative, or
administrative action, or a | ||||||
26 | combination; (3) the names of the persons who
performed the |
| |||||||
| |||||||
1 | lobbyist services; and (4) a brief description of the
| ||||||
2 | legislative, executive, or administrative action involved.
| ||||||
3 | Except as otherwise provided in this subsection, gifts and | ||||||
4 | honoraria
returned or reimbursed to the registrant within 30 | ||||||
5 | days of the date of
receipt shall not be reported.
| ||||||
6 | A gift or honorarium returned or reimbursed to the | ||||||
7 | registrant within 10
days after the official receives a copy of | ||||||
8 | a report pursuant to Section 6.5
shall not be included in the | ||||||
9 | final report unless the registrant informed the
official, | ||||||
10 | contemporaneously with the receipt of the gift or honorarium, | ||||||
11 | that
the gift or honorarium is a reportable expenditure | ||||||
12 | pursuant to this Act.
| ||||||
13 | (c) Reports under this Section shall be filed by July 31, | ||||||
14 | for expenditures
from the previous January 1 through the later | ||||||
15 | of June 30 or the final day of
the regular General Assembly | ||||||
16 | session, and by January 31, for expenditures from
the entire | ||||||
17 | previous calendar year.
| ||||||
18 | Registrants who made no reportable expenditures during a | ||||||
19 | reporting period
shall file a report stating that no | ||||||
20 | expenditures were incurred. Such reports
shall be filed in | ||||||
21 | accordance with the deadlines as prescribed in this
subsection.
| ||||||
22 | A registrant who terminates employment or duties which | ||||||
23 | required him to
register under this Act shall give the | ||||||
24 | Secretary of State, within 30 days after
the date of such | ||||||
25 | termination, written notice of such termination and shall
| ||||||
26 | include therewith a report of the revenues and expenditures |
| |||||||
| |||||||
1 | described herein, covering the
period of time since the filing | ||||||
2 | of his last report to the date of termination
of employment. | ||||||
3 | Such notice and report shall be final and relieve such
| ||||||
4 | registrant of further reporting under this Act, unless and | ||||||
5 | until he later takes
employment or assumes duties requiring him | ||||||
6 | to again register under this Act.
| ||||||
7 | (d) Failure to file any such report within the time | ||||||
8 | designated or the
reporting of incomplete information shall | ||||||
9 | constitute a violation of this Act.
| ||||||
10 | A registrant shall preserve for a period of 2 years all | ||||||
11 | receipts and records
used in preparing reports under this Act.
| ||||||
12 | (e) Within 30 days after a filing deadline, the lobbyist | ||||||
13 | shall notify each
official on whose behalf an expenditure has | ||||||
14 | been reported. Notification shall
include the name of the | ||||||
15 | registrant, the total amount of the expenditure, a description | ||||||
16 | of the expenditure, the
date on which the expenditure occurred, | ||||||
17 | and the subject matter of the lobbying
activity.
| ||||||
18 | (f) Lobbyist and lobbying entity reports shall be filed by | ||||||
19 | July 31, for the period January 1 through June 30 immediately | ||||||
20 | preceding, and by January 31 for the period July 1 through | ||||||
21 | December 31 immediately preceding. A report filed under this | ||||||
22 | Act is due in the Office of the Secretary of State no later | ||||||
23 | than the close of business on the date on which it is required | ||||||
24 | to be filed. | ||||||
25 | (g) All reports filed under this Act shall be filed in a | ||||||
26 | format or on forms prescribed by the Secretary of State.
|
| |||||||
| |||||||
1 | (Source: P.A. 93-244, eff. 1-1-04; 93-615, eff. 11-19-03.)
| ||||||
2 | (25 ILCS 170/6.5)
| ||||||
3 | Sec. 6.5. Disposition of gifts
Response to report by | ||||||
4 | official .
| ||||||
5 | (a) Every person required to register as prescribed in | ||||||
6 | Section 3 and
required to file a report with the Secretary of | ||||||
7 | State as prescribed in Section
6 shall, at least 25 days before | ||||||
8 | filing the report,
provide a
copy of the report to each | ||||||
9 | official listed in the report by first class mail or
hand | ||||||
10 | delivery. An official may, within 10 days after receiving the | ||||||
11 | copy of the
report, provide written objections to the report by | ||||||
12 | first class mail or hand
delivery to the person required to | ||||||
13 | file the report. If those written
objections conflict with the | ||||||
14 | final report that is filed, the written objections
shall be | ||||||
15 | filed along with the report.
| ||||||
16 | (b) If an official who receives a gift from a lobbyist or | ||||||
17 | lobbying entity returned the gift, reimbursed the giver for the | ||||||
18 | gift, donated the gift to charity, or otherwise surrendered | ||||||
19 | possession of the gift to a person or entity outside of his or | ||||||
20 | her household, then the official shall return a copy of the | ||||||
21 | report supplied to the official under Section 6 to the | ||||||
22 | Secretary of State indicating the disposition of the gift. | ||||||
23 | Reports filed pursuant to this Section shall be filed with the | ||||||
24 | Secretary of State by September 1, for gifts received during | ||||||
25 | the period January 1 through June 30 immediately preceding, or |
| |||||||
| |||||||
1 | by March 1, for gifts received during the period July 1 to | ||||||
2 | December 31 immediately preceding. Reports filed pursuant to | ||||||
3 | this Section shall not be admissible as evidence of a violation | ||||||
4 | of Article 10 of the State Officials and Employees Ethics Act, | ||||||
5 | provided that the gifts were disposed of in accordance with | ||||||
6 | Section 10-30 of the State Officials and Employees Ethics Act. | ||||||
7 | (c) Failure to provide a copy of the report to an official | ||||||
8 | listed in the
report within the time designated in this Section | ||||||
9 | is a violation of this
Act.
| ||||||
10 | (Source: P.A. 93-244, eff. 1-1-04; 93-615, eff. 11-19-03.)
| ||||||
11 | (25 ILCS 170/7) (from Ch. 63, par. 177)
| ||||||
12 | Sec. 7. Duties of the Secretary of State.
| ||||||
13 | (a) It shall be the duty of the Secretary of State to | ||||||
14 | provide appropriate
forms for the registration and reporting of | ||||||
15 | information required by this
Act and to keep such registrations | ||||||
16 | and reports on file in his office for 3
years from the date of | ||||||
17 | filing. He shall also provide and maintain a
register with | ||||||
18 | appropriate blanks and indexes so that the information
required | ||||||
19 | in Sections 5 and 6 of this Act may be accordingly entered. | ||||||
20 | Such
records shall be considered public information and open to | ||||||
21 | public
inspection.
| ||||||
22 | A report filed under this Act is due in the Office of the | ||||||
23 | Secretary of
State no later than the close of business on the | ||||||
24 | date on which it is required
to be filed.
| ||||||
25 | (b) Within 10 days after a filing deadline, the Secretary |
| |||||||
| |||||||
1 | of State shall notify
persons he determines are required to | ||||||
2 | file but have failed to do so.
| ||||||
3 | (c) The Secretary of State shall provide adequate software | ||||||
4 | to the persons required to file under this Act, and all | ||||||
5 | registrations, reports, statements, and amendments required to | ||||||
6 | be filed shall be filed electronically.
Not later than 12 | ||||||
7 | months after the effective date of this amendatory
Act of the | ||||||
8 | 93rd General Assembly, or as soon thereafter as the Secretary | ||||||
9 | of
State has provided adequate software to the persons required | ||||||
10 | to file, all
reports required under this Act shall be filed | ||||||
11 | electronically. The Secretary of
State shall promptly make all | ||||||
12 | filed reports publicly available by means of a
searchable | ||||||
13 | database that is accessible through the World Wide Web. The
| ||||||
14 | Secretary of State shall provide all software necessary to | ||||||
15 | comply with this
provision to all persons required to file. The | ||||||
16 | Secretary of State shall
implement a plan to provide computer | ||||||
17 | access and assistance to persons
required to file | ||||||
18 | electronically.
| ||||||
19 | (d) Not later than 12 months after the effective date of | ||||||
20 | this amendatory Act of
the 93rd General Assembly, the Secretary | ||||||
21 | of State shall include registrants'
pictures when publishing
or | ||||||
22 | posting on his or her website the information required in | ||||||
23 | Section 5.
| ||||||
24 | (e) The Secretary of State shall receive and investigate | ||||||
25 | allegations of violations of this Act. Any employee of the | ||||||
26 | Secretary of State who receives an allegation shall immediately |
| |||||||
| |||||||
1 | transmit it to the Secretary of State or the Secretary's | ||||||
2 | designee.
| ||||||
3 | (Source: P.A. 93-615, eff. 11-19-03.)
| ||||||
4 | (25 ILCS 170/10) (from Ch. 63, par. 180)
| ||||||
5 | Sec. 10. Penalties.
| ||||||
6 | (a) The Secretary of State may assess penalties for any | ||||||
7 | violation of this Act, which may be appealed to a circuit court | ||||||
8 | with jurisdiction where the alleged violation occurred, where | ||||||
9 | the lobbyist resides, or where the lobbying entity is located. | ||||||
10 | Penalties are as follows: | ||||||
11 | (1) Any person who or entity that fails to register as | ||||||
12 | a lobbyist or lobbying entity as required by Section 3 | ||||||
13 | shall be fined up to $100 per day for each day or portion | ||||||
14 | of a day that the registration is late or the person or | ||||||
15 | entity is unregistered. Any person who or entity that | ||||||
16 | willfully fails to register may be fined up to $500 for | ||||||
17 | each day or portion of a day that the registration is late. | ||||||
18 | In determining the appropriate fine for each violation, the | ||||||
19 | Secretary of State shall consider the scope of the entire | ||||||
20 | lobbying project, the nature of activities conducted | ||||||
21 | during the time the person or entity was in violation of | ||||||
22 | this Act, and whether the failure to register was willful | ||||||
23 | or knowing. | ||||||
24 | (2) Any unit of local government or school district | ||||||
25 | required to file under Section 3.5 may be fined up to $100 |
| |||||||
| |||||||
1 | per day for a late filing. | ||||||
2 | (3) Any person who or entity that fails to file a | ||||||
3 | report required by Section 6 shall be assessed a penalty of | ||||||
4 | not more than $10,000. | ||||||
5 | (4) Any person who or entity that fails to file a | ||||||
6 | report required by Section 6.5 shall be assessed a penalty | ||||||
7 | of not more than $100 per day or portion of a day that a | ||||||
8 | report is late Any person who violates any of the | ||||||
9 | provisions of this Act shall be
guilty of a business | ||||||
10 | offense and shall be fined not more than $10,000 .
| ||||||
11 | (b) In addition to the penalties provided for in subsection | ||||||
12 | (a)
of this Section, if the Secretary of State determines that | ||||||
13 | any entity or person violated this Act in a willful manner or | ||||||
14 | has committed 3 or more violations in any 2-year period, then | ||||||
15 | that entity or person may be prohibited from lobbying for a | ||||||
16 | term not to exceed 3 years. any person convicted of any | ||||||
17 | violation of any provision of
this Act is prohibited for a | ||||||
18 | period of three years from the date of such
conviction from | ||||||
19 | lobbying.
| ||||||
20 | (c) There is created in the State treasury a special fund | ||||||
21 | to be known as
the Lobbyist Registration Administration Fund. | ||||||
22 | All fines collected in the
enforcement of this Section shall be | ||||||
23 | deposited into the Fund. These funds
shall, subject to | ||||||
24 | appropriation, be used by the Office of the Secretary of
State | ||||||
25 | for implementation and administration of this Act.
| ||||||
26 | (Source: P.A. 88-187 .)
|
| |||||||
| |||||||
1 | (25 ILCS 170/10.5 new)
| ||||||
2 | Sec. 10.5. Enforcement. The Secretary of State or his or | ||||||
3 | her designee shall investigate possible violations of this Act. | ||||||
4 | If the Secretary determines that a violation has occurred, the | ||||||
5 | Secretary shall make the determination, together with any | ||||||
6 | relevant evidence, available to the public and take such steps | ||||||
7 | to ensure compliance as are deemed necessary, including but not | ||||||
8 | limited to assessing penalties as set forth in this Act.
| ||||||
9 | (25 ILCS 170/4 rep.)
| ||||||
10 | (25 ILCS 170/11 rep.) | ||||||
11 | Section 20. The Lobbyist Registration Act is amended by | ||||||
12 | repealing Sections 4 and 11.
|