Illinois General Assembly - Full Text of HB3946
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Full Text of HB3946  101st General Assembly

HB3946 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3946

 

Introduced 10/29/2019, by Rep. Tom Demmer

 

SYNOPSIS AS INTRODUCED:
 
25 ILCS 170/2  from Ch. 63, par. 172
25 ILCS 170/11.2
25 ILCS 170/11.3

    Amends the Lobbyist Registration Act. Requires registration under the Act for persons lobbying units of local government and school districts (rather than only persons lobbying State government). Provides that the changes made by this amendatory Act do not restrict the authority of units of local government and school districts to regulate lobbying. Effective immediately.


LRB101 15130 JWD 64269 b

 

 

A BILL FOR

 

HB3946LRB101 15130 JWD 64269 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Lobbyist Registration Act is amended by
5changing Sections 2, 11.2, and 11.3 as follows:
 
6    (25 ILCS 170/2)  (from Ch. 63, par. 172)
7    Sec. 2. Definitions. As used in this Act, unless the
8context otherwise requires:
9    (a) "Person" means any individual, firm, partnership,
10committee, association, corporation, or any other organization
11or group of persons.
12    (b) "Expenditure" means a payment, distribution, loan,
13advance, deposit, or gift of money or anything of value, and
14includes a contract, promise, or agreement, whether or not
15legally enforceable, to make an expenditure, for the ultimate
16purpose of influencing executive, legislative, or
17administrative action, other than compensation as defined in
18subsection (d).
19    (c) "Official" means:
20        (1) the Governor, Lieutenant Governor, Secretary of
21    State, Attorney General, State Treasurer, and State
22    Comptroller;
23        (2) Chiefs of Staff for officials described in item

 

 

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1    (1);
2        (3) Cabinet members of any elected constitutional
3    officer, including Directors, Assistant Directors and
4    Chief Legal Counsel or General Counsel;
5        (4) Members of the General Assembly; and
6        (5) Members of any board, commission, authority, or
7    task force of the State authorized or created by State law
8    or by executive order of the Governor; and .
9        (6) Any elected or appointed official of any unit of
10    local government or school district, including, but not
11    limited to, the members of any legislative body of a unit
12    of local government or school district.
13    (d) "Compensation" means any money, thing of value or
14financial benefits received or to be received in return for
15services rendered or to be rendered, for lobbying as defined in
16subsection (e).
17    Monies paid to members of the General Assembly by the State
18as remuneration for performance of their Constitutional and
19statutory duties as members of the General Assembly shall not
20constitute compensation as defined by this Act.
21    (e) "Lobby" and "lobbying" means any communication with an
22official of the executive or legislative branch of State
23government as defined in subsection (c) for the ultimate
24purpose of influencing any executive, legislative, or
25administrative action.
26    (f) "Influencing" means any communication, action,

 

 

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

 

 

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1other delegated legislative or quasi-legislative action to be
2taken or withheld by any executive agency, department, board or
3commission of the State, a unit of local government, or a
4school district.
5    (j) "Lobbyist" means any natural person who undertakes to
6lobby State government, a unit of local government, or a school
7district as provided in subsection (e).
8    (k) "Lobbying entity" means any entity that hires, retains,
9employs, or compensates a natural person to lobby State
10government, a unit of local government, or a school district as
11provided in subsection (e).
12    (l) "Authorized agent" means the person designated by an
13entity or lobbyist registered under this Act as the person
14responsible for submission and retention of reports required
15under this Act.
16    (m) "Client" means any person or entity that provides
17compensation to a lobbyist to lobby State government, a unit of
18local government, or a school district as provided in
19subsection (e) of this Section.
20    (n) "Client registrant" means a client who is required to
21register under this Act.
22(Source: P.A. 98-459, eff. 1-1-14.)
 
23    (25 ILCS 170/11.2)
24    Sec. 11.2. Local regulation. A unit of local government or
25school district may adopt an ordinance or resolution regulating

 

 

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1lobbying activities with that unit of local government or
2school district that imposes requirements similar to those
3imposed by this Act. The changes made by this amendatory Act of
4the 101st General Assembly shall not restrict the authority of
5a unit of local government or school district to regulate
6lobbying activities under this Section.
7(Source: P.A. 88-187.)
 
8    (25 ILCS 170/11.3)
9    Sec. 11.3. Compensation from a State agency. It is a
10violation of this Act for a person registered or required to be
11registered under this Act to accept or agree to accept
12compensation from a State agency, unit of local government, or
13school district for the purpose of lobbying legislative action.
14    This Section does not apply to compensation (i) that is a
15portion of the salary of a full-time employee of a State agency
16whose responsibility or authority includes, but is not limited
17to, lobbying executive, legislative, or administrative action
18or (ii) to an individual who is contractually retained by a
19State agency that is not listed in Section 5-15 of the Civil
20Administrative Code of Illinois.
21    For the purpose of this Section, "State agency" is defined
22as in the Illinois State Auditing Act.
23(Source: P.A. 96-555, eff. 1-1-10.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.