Full Text of SB1639 101st General Assembly
SB1639enr 101ST GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Lobbyist Registration Act is amended by | 5 | | changing Sections 2, 5, and 7 as follows: | 6 | | (25 ILCS 170/2) (from Ch. 63, par. 172) | 7 | | Sec. 2. Definitions. As used in this Act, unless the | 8 | | context otherwise
requires: | 9 | | (a) "Person" means any individual, firm, partnership, | 10 | | committee,
association, corporation, or any other organization | 11 | | or group of persons. | 12 | | (b) "Expenditure" means a payment, distribution, loan, | 13 | | advance, deposit,
or gift of money or anything of value, and | 14 | | includes a contract, promise, or
agreement, whether or not | 15 | | legally enforceable, to make an expenditure, for
the ultimate | 16 | | purpose of influencing executive, legislative, or | 17 | | administrative
action, other than compensation as defined in | 18 | | subsection (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. | 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"
means any communication with an | 18 | | official of the
executive or legislative branch of State | 19 | | government as defined in subsection
(c) for the ultimate | 20 | | 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 | | (l) "Authorized agent" means the person designated by an | 4 | | entity or lobbyist registered under this Act as the person | 5 | | responsible for submission and retention of reports required | 6 | | under this Act. | 7 | | (m) "Client" means any person or entity that provides | 8 | | compensation to a lobbyist to lobby State government as | 9 | | provided in subsection (e) of this Section. | 10 | | (n) "Client registrant" means a client who is required to | 11 | | register under this Act. | 12 | | (o) "Unit of local government" has the meaning ascribed to | 13 | | it in Section 1 of Article VII of the Illinois Constitution and | 14 | | also includes school districts and community college | 15 | | districts. | 16 | | (Source: P.A. 98-459, eff. 1-1-14.) | 17 | | (25 ILCS 170/5) | 18 | | Sec. 5. Lobbyist registration and disclosure. Every | 19 | | natural person and every entity required to
register under this | 20 | | Act shall
before any service
is performed which requires the | 21 | | natural person or entity to register, but in any event not
| 22 | | later than 2 business days after being employed or retained, | 23 | | file in the Office of the
Secretary of State a statement in a | 24 | | format prescribed by the Secretary of State containing the
| 25 | | following
information
with respect to each person or entity
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| 1 | | employing, retaining, or benefitting from the services of the | 2 | | natural person or entity required to register:
| 3 | | (a) The registrant's name, permanent address, e-mail
| 4 | | address, if any,
fax
number, if any, business telephone | 5 | | number, and temporary address, if the
registrant has a | 6 | | temporary address while lobbying.
| 7 | | (a-5) If the registrant is an entity, the
information | 8 | | required under subsection (a) for each natural person | 9 | | associated with the
registrant who will be lobbying,
| 10 | | regardless of whether lobbying is a significant part of his | 11 | | or her duties.
| 12 | | (b) The name and address of the client or clients | 13 | | employing or retaining
the registrant to perform such | 14 | | services or on whose behalf the registrant appears.
If the | 15 | | client employing or retaining the registrant is a client | 16 | | registrant, the statement shall also include the name and | 17 | | address of the client or clients of the client registrant | 18 | | on whose behalf the registrant will be or anticipates | 19 | | performing services. | 20 | | (b-5) If the registrant employs or retains a | 21 | | sub-registrant, the statement shall include the name and | 22 | | address of the sub-registrant and identify the client or | 23 | | clients of the registrant on whose behalf the | 24 | | sub-registrant will be or is anticipated to be performing | 25 | | services. | 26 | | (c) A brief description of the executive, legislative, |
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| 1 | | or administrative
action in reference to which such service | 2 | | is to be rendered.
| 3 | | (c-5) Each executive and legislative branch agency the | 4 | | registrant
expects
to lobby during the registration | 5 | | period.
| 6 | | (c-6) The nature of the client's business, by | 7 | | indicating all
of the following categories that apply: (1) | 8 | | banking and financial services, (2)
manufacturing, (3) | 9 | | education, (4) environment, (5) healthcare, (6)
insurance, | 10 | | (7) community interests, (8) labor, (9) public relations or
| 11 | | advertising, (10) marketing or sales, (11) hospitality, | 12 | | (12) engineering,
(13) information or technology products | 13 | | or services, (14) social services,
(15) public utilities, | 14 | | (16) racing or wagering, (17) real estate or
construction, | 15 | | (18) telecommunications, (19) trade or professional
| 16 | | association, (20) travel or tourism, (21) transportation, | 17 | | (22) agriculture, and (23) other
(setting forth the nature | 18 | | of that other business).
| 19 | | (d) A confirmation that the registrant has a sexual | 20 | | harassment policy as required by Section 4.7, that such | 21 | | policy shall be made available to any individual within 2 | 22 | | business days upon written request (including electronic | 23 | | requests), that any person may contact the authorized agent | 24 | | of the registrant to report allegations of sexual | 25 | | harassment, and that the registrant recognizes the | 26 | | Inspector General has jurisdiction to review any |
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| 1 | | allegations of sexual harassment alleged against the | 2 | | registrant or lobbyists hired by the registrant. | 3 | | (e) Each unit of local government in this State for | 4 | | which the registrant is or expects to be required to | 5 | | register to lobby the local government during the | 6 | | registration period. "Lobby" shall have the meaning | 7 | | ascribed to it by the relevant unit of local government. | 8 | | (f) Each elected or appointed public office in this | 9 | | State to be held by the registrant at any time during the | 10 | | registration period. | 11 | | Every natural person and every entity required to register | 12 | | under this Act shall annually submit the registration required | 13 | | by this Section on or before each January 31. The registrant | 14 | | has a continuing duty to report any substantial change or | 15 | | addition to the information contained in the registration.
| 16 | | Registrants registered as of the effective date of this | 17 | | amendatory Act of the 101st General Assembly shall update their | 18 | | registration to add the information required under subsections | 19 | | (b-5), (e), and (f), if applicable, within 30 days after the | 20 | | effective date of this amendatory Act of the 101st General | 21 | | Assembly. | 22 | | The Secretary of State shall make all filed statements and | 23 | | amendments to statements publicly available by means of a | 24 | | searchable database that is accessible through the World Wide | 25 | | Web. The Secretary of State shall provide all software | 26 | | necessary to comply with this provision to all natural persons |
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| 1 | | and entities required to file. The Secretary of State shall | 2 | | implement a plan to provide computer access and assistance to | 3 | | natural persons and entities required to file electronically. | 4 | | All natural persons
and entities required to register under | 5 | | this Act shall remit a single, annual, and
nonrefundable $300 | 6 | | registration fee. Each natural person required to register
| 7 | | under this Act shall submit, on an annual basis, a picture of | 8 | | the registrant. A registrant may, in lieu of submitting a
| 9 | | picture on an annual basis, authorize the Secretary of State to | 10 | | use any photo
identification available in any database | 11 | | maintained by the Secretary of State
for other purposes. Each | 12 | | registration fee collected for registrations on
or after | 13 | | January 1, 2010 shall be deposited into the Lobbyist
| 14 | | Registration Administration Fund for administration and | 15 | | enforcement
of this
Act.
| 16 | | (Source: P.A. 100-554, eff. 11-16-17.) | 17 | | (25 ILCS 170/7) (from Ch. 63, par. 177) | 18 | | Sec. 7. Duties of the Secretary of State.
| 19 | | (a) It shall be the duty of the Secretary of State to | 20 | | provide appropriate
forms for the registration and reporting of | 21 | | information required by this
Act and to keep such registrations | 22 | | and reports on file in his office for 3
years from the date of | 23 | | filing. He shall also provide and maintain a
register with | 24 | | appropriate blanks and indexes so that the information
required | 25 | | in Sections 5 and 6 of this Act may be accordingly entered. |
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| 1 | | Such
records shall be considered public information and open to | 2 | | public
inspection.
| 3 | | (b) Within 5 business days after a filing deadline, the | 4 | | Secretary of State shall notify
persons he determines are | 5 | | required to file but have failed to do so.
| 6 | | (c) The Secretary of State shall provide adequate software | 7 | | to the persons required to file under this Act, and all | 8 | | registrations, reports, statements, and amendments required to | 9 | | be filed shall be filed electronically.
The Secretary of
State | 10 | | shall promptly make all filed reports publicly available by | 11 | | means of a
searchable database that is accessible through the | 12 | | World Wide Web. The
Secretary of State shall provide all | 13 | | software necessary to comply with this
provision to all persons | 14 | | required to file. The Secretary of State shall
implement a plan | 15 | | to provide computer access and assistance to persons
required | 16 | | to file electronically. | 17 | | (d) The Secretary of State shall include registrants'
| 18 | | pictures when publishing
or posting on his or her website the | 19 | | information required in Section 5.
| 20 | | (d-5) Within 90 days after the effective date of this | 21 | | amendatory Act of the 101st General Assembly, the Secretary of | 22 | | State shall create a publicly accessible and searchable | 23 | | database bringing together disclosures by registered lobbyists | 24 | | under this Act, contributions by registered lobbyists required | 25 | | to be disclosed under the Election Code, and statements of | 26 | | economic interests required to be filed by State officials and |
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| 1 | | employees under the Illinois Governmental Ethics Act. | 2 | | (e) The Secretary of State shall receive and investigate | 3 | | allegations of violations of this Act. Any employee of the | 4 | | Secretary of State who receives an allegation shall immediately | 5 | | transmit it to the Secretary of State Inspector General.
| 6 | | (Source: P.A. 96-555, eff. 1-1-10; 96-1358, eff. 7-28-10.)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law. |
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