SB2568 96TH GENERAL ASSEMBLY

LRB096 17137 RCE 32462 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB2568

Introduced 1/13/2010, by Sen. Heather Steans

SYNOPSIS AS INTRODUCED:

25 ILCS 170/5

Amends the Lobbyist Registration Act. In reports, requires the registrant to disclose the street address, city, state, zip code, telephone number, and fax number of persons employing or retaining registrant (as well as other information) and file a copy of the written agreement or a written summary of the oral agreement that binds the registrant with the employer. If the agreement between registrant and employer is oral, then the summary must include (i) whether the registrant is authorized to incur expenditures on behalf of the employer, (ii) whether expenditures the registrant incurs will be reimbursed by the employer, (iii) how the registrant's lobbying-related compensation, if any, is determined including, but not limited to, the length of the contract and method of payment (such as salary, monthly retainer, hourly fee, or other basis), and (iv) the rate of compensation. Provides that failure to file a required report within the time designated or filing a report with false, materially misleading, or materially incomplete information constitutes a violation of the Act. Requires a registrant to preserve for a period of at least 2 years all receipts, statements, and records used in preparing the reports.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning lobbying.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Lobbyist Registration Act is amended by changing Section 5 as follows:

(25 ILCS 170/5)

Sec. 5. Lobbyist registration and disclosure. Every person required to register under Section 3 shall before any service is performed which requires the person to register, but in any event not later than 2 business days after being employed or retained, and on or before each January 31 and July 31 thereafter, file in the Office of the Secretary of State a statement in a format prescribed by the Secretary of State containing the following information with respect to each person or entity employing or retaining the person required to register:

(a) The registrant's name, permanent address, e-mail address, if any, fax number, if any, business telephone number, and temporary address, if the registrant has a temporary address while lobbying.

(a-5) If the registrant is an organization or business entity, the information required under subsection (a) for each person associated with the registrant who will be lobbying, regardless of whether lobbying is a significant part of his or her duties.

(b) The name, street and address, city, state, zip code, telephone number, and fax number of the person or persons employing or retaining registrant to perform such services or on whose behalf the registrant appears and a copy of the written agreement or a written summary of the oral agreement that binds the registrant with the employer. If the agreement between registrant and employer is oral, then the summary must include (i) whether the registrant is authorized to incur expenditures on behalf of the employer, (ii) whether expenditures the registrant incurs will be reimbursed by the employer, (iii) how the registrant's lobbying-related compensation, if any, is determined including, but not limited to, the length of the contract and method of payment (such as salary, monthly retainer, hourly fee, or other basis), and (iv) the rate of compensation.

(c) A brief description of the executive, legislative, or administrative action in reference to which such service is to be rendered.

(c-5) Each executive and legislative branch agency the registrant expects to lobby during the registration period.

(c-6) The nature of the client's business, by indicating all of the following categories that apply: (1) banking and financial services, (2) manufacturing, (3) education, (4) environment, (5) healthcare, (6) insurance, (7) community interests, (8) labor, (9) public relations or advertising, (10) marketing or sales, (11) hospitality, (12) engineering, (13) information or technology products or services, (14) social services, (15) public utilities, (16) racing or wagering, (17) real estate or construction, (18) telecommunications, (19) trade or professional association, (20) travel or tourism, (21) transportation, and (22) other (setting forth the nature of that other business).

The registrant must file an amendment to the statement within 14 calendar days to report any substantial change or addition to the information previously filed, except that a registrant must file an amendment to the statement to disclose a new agreement to retain the registrant for lobbying services before any service is performed which requires the person to register, but in any event not later than 2 business days after entering into the retainer agreement.

All persons required to register under this Act shall remit a single, annual, and nonrefundable $1,000 registration fee. Each individual required to register under this Act shall submit, on an annual basis, a picture of the registrant. A registrant may, in lieu of submitting a picture on an annual basis, authorize the Secretary of State to use any photo identification available in any database maintained by the Secretary of State for other purposes. Of each registration fee collected for registrations on or after July 1, 2003, $50 shall be deposited into the Lobbyist Registration Administration Fund for administration and enforcement of this Act and is intended to be used to implement and maintain electronic filing of reports under this Act, the next $100 shall be deposited into the Lobbyist Registration Administration Fund for administration and enforcement of this Act, and any balance shall be deposited into the General Revenue Fund, except that amounts resulting from the fee increase of this amendatory Act of the 96th General Assembly shall be deposited into the Lobbyist Registration Administration Fund to be used for the costs of reviewing and investigating violations of this Act.

Failure to file any report required by this Section within the time designated or filing a report with false, materially misleading, or materially incomplete information constitutes a violation of this Act.

A registrant must preserve for a period of at least 2 years all receipts, statements, and records used in preparing reports under this Section.

(Source: P.A. 96-555, eff. 1-1-10.)