HB3953 103RD GENERAL ASSEMBLY

LRB103 31011 DTM 57626 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3953

Introduced 2/17/2023, by Rep. Blaine Wilhour

SYNOPSIS AS INTRODUCED:

25 ILCS 170/2

from Ch. 63, par. 172

Amends the Lobbyist Registration Act. Provides that the term "official" as used under the Act includes specified officials of a unit of local government. Modifies the terms "lobby" and "lobbying" to include communications with units of local government for the ultimate purpose of influencing any executive, legislative, or administrative action, and further specifies such actions. Modifies the term "lobbyist" to mean a natural person who, on behalf of any person other than himself or herself, or as any part of his or her duties as an employee of another, undertakes to influence or lobby for any executive, legislative, or administrative action for State government or a unit of local government.

A BILL FOR

AN ACT concerning government.

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 2 as follows:

(25 ILCS 170/2) (from Ch. 63, par. 172)

Sec. 2. Definitions. As used in this Act, unless the context otherwise requires:

(a) "Person" means any individual, firm, partnership, committee, association, corporation, or any other organization or group of persons.

(b) "Expenditure" means a payment, distribution, loan, advance, deposit, or gift of money or anything of value, and includes a contract, promise, or agreement, whether or not legally enforceable, to make an expenditure, for the ultimate purpose of influencing executive, legislative, or administrative action, other than compensation as defined in subsection (d).

(c) "Official" means:

(1) the Governor, Lieutenant Governor, Secretary of State, Attorney General, State Treasurer, and State Comptroller;

(2) Chiefs of Staff for officials described in item (1), the Deputy Governor, the Deputy Secretary of State, the Deputy Attorney General, the Deputy Treasurer, and the Deputy Comptroller;

(3) Cabinet members of any elected constitutional officer, including Directors, Assistant Directors and Chief Legal Counsel or General Counsel;

(4) Members of the General Assembly;

(5) Members of any board, commission, authority, or task force of the State authorized or created by State law or by executive order of the Governor;

(6) Mayors, presidents, aldermen, commissioners, and trustees of a city, village, or town;

(7) County board members and countywide elected officials;

(8) Township board members and township elected officials; and

(9) Members of any board, commission, authority, or task force created by a local ordinance or order of a mayor or village or town president; and .

(10) Other officials of a unit of local government, including village managers, chief legal counsel, or general counsel, or other officials with substantial discretion to take or recommend official action or who have voting powers.

(d) "Compensation" means any money, thing of value or financial benefits received or to be received in return for services rendered or to be rendered, for lobbying or as a consultant.

Monies paid to members of the General Assembly by the State as remuneration for performance of their Constitutional and statutory duties as members of the General Assembly shall not constitute compensation as defined by this Act.

(e) "Lobby" and "lobbying" means to communicate, including the soliciting of others to communicate, with an official as defined in subsection (c) for the ultimate purpose of influencing any executive, legislative, or administrative action, including, but not limited to, such actions as: (i) zoning matters; (ii) the introduction, passage, or other action to be taken on legislation, ordinance, resolution, motion, order, appointment, or other matter before an elected governing body; (iii) preparation of contract specifications; (iv) solicitation, award, or administration of a contract; (v) the award of a grant, loan, or other financial agreement involving public funds; (vi) procurement; (vii) bond inducement; and (viii) the granting of concessions. A person is not deemed to have undertaken to influence under this Section solely by submitting an application for a government permit or license or by responding to a government request for proposals or qualifications at the State, municipal, county, or township government level. Soliciting of others to communicate shall not include (i) the making of a grant by an organization recognized as tax exempt under Section 501(c)(3) of the Internal Revenue Code made in accordance with Section 4945 and the regulations thereunder or (ii) a communication by an organization recognized as tax exempt under Section 501(c)(3) or 501(c)(5) of the Internal Revenue Code to the public or a segment thereof or to its members to communicate with legislators, executives, or administrators with respect to a proposed action by the legislature, executive, or administrator.

(f) "Influencing" means any communication, action, reportable expenditure as prescribed in Section 6 or other means used to promote, support, affect, modify, oppose or delay any executive, legislative or administrative action or to promote goodwill with officials as defined in subsection (c).

(g) "Executive action" means the proposal, drafting, development, consideration, amendment, adoption, approval, promulgation, issuance, modification, rejection or postponement by a State, municipal, county, or township government entity of a rule, regulation, order, decision, determination, contractual arrangement, purchasing agreement or other quasi-legislative or quasi-judicial action or proceeding.

(h) "Legislative action" means the development, drafting, introduction, consideration, modification, adoption, rejection, review, enactment, or passage or defeat of any bill, amendment, resolution, ordinance, report, nomination, administrative rule or other matter by either house of the General Assembly or a committee thereof, by a legislator, by the legislative body of a municipality, county, or township, or by an alderman, trustee, or township board member. Legislative action also means the action of the Governor, mayor, or village or township board president, or county executive in approving or vetoing any bill, ordinance, or resolution or portion thereof, and the action of such officials or any agency under their jurisdiction in the development of a legislative proposal.

(i) "Administrative action" means the execution or rejection of any rule, regulation, legislative rule, standard, fee, rate, contractual arrangement, purchasing agreement or other delegated legislative or quasi-legislative action to be taken or withheld by any executive agency, department, board or commission of the State, municipal, county, or township.

(j) "Lobbyist" means any natural person who, on behalf of any person other than himself or herself, or as any part of his or her duties as an employee of another, undertakes to influence or lobby for any executive, legislative, or administrative action for State government or a unit of local government. "Lobbyist" shall include, but not be limited to, any attorney, accountant, or consultant engaged in the activities described in this subsection (j); provided, however, that an attorney shall not be considered a lobbyist while representing clients in a formal adversarial hearing undertakes to lobby State, municipal, county, or township government as provided in subsection (e).

(k) "Lobbying entity" means any entity that hires, retains, employs, or compensates a natural person to lobby State, municipal, county, or township government as provided in subsection (e).

(l) "Authorized agent" means the person designated by an entity or lobbyist registered under this Act as the person responsible for submission and retention of reports required under this Act.

(m) "Client" means any person or entity that provides compensation to a lobbyist to lobby State, municipal, county, or township government as provided in subsection (e) of this Section.

(n) "Client registrant" means a client who is required to register under this Act.

(o) "Unit of local government" has the meaning ascribed to it in Section 1 of Article VII of the Illinois Constitution and also includes school districts and community college districts.

(p) "Consultant" means any natural person or entity who, for compensation, provides advisory services, including but not limited to, rendering opinions on or developing strategies for lobbying or influencing, to a lobbyist or lobbying entity for the ultimate purpose of influencing any executive, legislative, or administrative action. "Consultant" does not include (i) an employee of the lobbyist or lobbying entity or (ii) an attorney or law firm providing legal services, including drafting legislation or advising and rendering opinions to clients as to the construction and legal effect of proposed or pending legislation or any executive, legislative, or administrative action.

(Source: P.A. 101-595, eff. 12-5-19; 102-664, eff. 1-1-22.)