093_HB1333

 
                                     LRB093 10528 RCE 10782 b

 1        AN ACT concerning ethics.

 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 5, 6, and 7 as follows:

 6        (25 ILCS 170/5) (from Ch. 63, par. 175)
 7        Sec.  5.  Lobbyist  registration  and  disclosure.  Every
 8    person  required  to  register  under  Section  3 shall, with
 9    respect to each person or entity employing or  retaining  the
10    person  required  to register, each and every year, or before
11    any such service is performed which requires  the  person  to
12    register  and  on  or  before  each  January  31  and July 31
13    thereafter, file in the Office of the Secretary  of  State  a
14    written   statement,  verified  under  oath,  containing  the
15    following information:
16             (a)  The registrant's name, and  permanent  address,
17        e-mail  address,  if  any,  fax  number, if any, business
18        telephone  number,  and   temporary   address,   if   the
19        registrant  has a temporary address while lobbying of the
20        registrant.
21             (a-5)  If  the  registrant  is  an  organization  or
22        business   entity,   the   information   required   under
23        subsection  (a)  for  each  person  associated  with  the
24        registrant who will be lobbying,  regardless  of  whether
25        lobbying is a significant part of his or her duties.
26             (b)  The  name  and address of the person or persons
27        employing  or  retaining  registrant  to   perform   such
28        services  or  on  whose behalf the registrant appears and
29        whether the employment of the registrant is  pursuant  to
30        an oral or written agreement.
31             (b-5)  A  copy of the written agreement or a written
 
                            -2-      LRB093 10528 RCE 10782 b
 1        summary of the oral agreement with the person or  persons
 2        employing or retaining the registrant.
 3             (c)  A   brief   description   of   the   executive,
 4        legislative,  or  administrative  action  in reference to
 5        which such service is to be rendered.
 6             (c-5)  Each executive and legislative branch  agency
 7        the  registrant  expects to lobby during the registration
 8        period.
 9             (c-6)  The  nature  of  the  client's  business,  by
10        indicating all of the following  categories  that  apply:
11        (1)  banking  and  financial services, (2) manufacturing,
12        (3)  education,  (4)  environment,  (5)  healthcare,  (6)
13        insurance, (7) community interests, (8) labor, (9) public
14        relations or advertising, (10) marketing or  sales,  (11)
15        hospitality,   (12)   engineering,  (13)  information  or
16        technology products or services,  (14)  social  services,
17        (15) public utilities, (16) racing or wagering, (17) real
18        estate  or  construction,  (18)  telecommunications, (19)
19        trade  or  professional  association,  (20)   travel   or
20        tourism,  (21)  transportation,  and  (22) other (setting
21        forth the nature of that other business).
22             (d)  A picture of the registrant.
23        The registrant must file an amendment  to  the  statement
24    within  14  days to report any substantial change or addition
25    to the information previously filed.
26        Persons required to register under this Act shall remit a
27    single,  semi-annual,  annual  and  nonrefundable   $25   $50
28    registration  fee.   All  fees  shall  be  deposited into the
29    Lobbyist Registration Administration Fund for  administration
30    and enforcement of this Act.
31    (Source: P.A. 88-187.)

32        (25 ILCS 170/6) (from Ch. 63, par. 176)
33        Sec. 6. Reports.
 
                            -3-      LRB093 10528 RCE 10782 b
 1        (a)  Except  as otherwise provided in this Section, every
 2    person required to register as prescribed in Section 3  shall
 3    report  in  writing, verified under oath, to the Secretary of
 4    State all expenditures for lobbying made or incurred  by  the
 5    lobbyist on his behalf or the behalf of his employer.  In the
 6    case where an individual is solely employed by another person
 7    to  perform  job related functions any part of which includes
 8    lobbying, the employer shall be responsible for reporting all
 9    lobbying expenditures incurred on the  employer's  behalf  as
10    shall be identified by the lobbyist to the employer preceding
11    such  report.   Persons  who  contract with another person to
12    perform  lobbying  activities  shall   be   responsible   for
13    reporting   all   lobbying   expenditures   incurred  on  the
14    employer's behalf. Any additional lobbying expenses  incurred
15    by  the  employer  which  are  separate  and apart from those
16    incurred by the contractual employee shall be reported by the
17    employer.
18        (b)  The report shall itemize each individual expenditure
19    or transaction over $100 and shall include the  name  of  the
20    official  on  whose behalf the expenditure was made, the name
21    of the client on whose behalf the expenditure was  made,  the
22    total  amount  of  the  expenditure,  the  date  on which the
23    expenditure occurred and the subject matter of  the  lobbying
24    activity, if any.
25        Expenditures  attributable to lobbying officials shall be
26    listed and reported according to the following categories:
27             (1)  travel and lodging on behalf of others.
28             (2)  meals, beverages and other entertainment.
29             (3)  gifts.
30             (4)  honoraria.
31             (5)  any other thing of value not  listed  in  items
32        (1) through (4).
33        Individual   expenditures  required  to  be  reported  as
34    described herein which are equal to  or  less  than  $100  in
 
                            -4-      LRB093 10528 RCE 10782 b
 1    value need not be itemized but are required to be categorized
 2    and  reported  by officials in an aggregate total in a manner
 3    prescribed by rule of the Secretary of State.
 4        Expenditures incurred for  hosting  receptions,  benefits
 5    and  other  large gatherings held for purposes of goodwill or
 6    otherwise   to   influence    executive,    legislative    or
 7    administrative  action  to  which  there are 25 or more State
 8    officials invited shall be reported  listing  each  only  the
 9    total  amount  of the expenditure, the date of the event, and
10    the estimated number of officials in attendance.
11        Each individual expenditure required to be reported shall
12    include all expenses made for or on behalf of State officials
13    and members of the immediate family of those persons.
14        The category travel and  lodging  includes,  but  is  not
15    limited  to, all travel and living accommodations made for or
16    on behalf of State officials in the capital  during  sessions
17    of the General Assembly.
18        Reasonable   and  bona  fide  expenditures  made  by  the
19    registrant who is a member of a legislative  or  State  study
20    commission  or committee while attending and participating in
21    meetings and hearings of such commission  or  committee  need
22    not be reported.
23        Reasonable   and  bona  fide  Expenditures  made  by  the
24    registrant for personal sustenance, lodging,  travel,  office
25    expenses  and  clerical  or  support  staff  must need not be
26    reported.
27        Salaries,  fees,  and  other  compensation  paid  to  the
28    registrant for the purposes of lobbying need not be reported.
29        Any contributions required to be reported under Article 9
30    of the Election Code need not be reported.
31        The report shall include: (1)  the  name  of  each  State
32    government  entity lobbied; (2) whether the lobbying involved
33    executive,  legislative,  or  administrative  action,  or   a
34    combination;  (3)  the names of the persons who performed the
 
                            -5-      LRB093 10528 RCE 10782 b
 1    lobbyist  services;   and   (4)   the   specific   executive,
 2    legislative, or administrative action promoted or opposed.
 3        Gifts  and honoraria returned to the registrant within 30
 4    days of the date of receipt need not be reported.
 5        (c)  Reports under this Section shall be  filed  by  July
 6    31,  for expenditures from the previous January 1 through the
 7    later of June 30 or the final  day  of  the  regular  General
 8    Assembly  session,  and  by January 31, for expenditures from
 9    the entire previous calendar year.
10        Registrants who made no reportable expenditures during  a
11    reporting   period  shall  file  a  report  stating  that  no
12    expenditures were incurred.  Such reports shall be  filed  in
13    accordance   with   the   deadlines  as  prescribed  in  this
14    subsection.
15        A registrant who terminates employment  or  duties  which
16    required  him  to  register  under  this  Act  shall give the
17    Secretary of State, within 30 days after  the  date  of  such
18    termination,  written  notice  of  such termination and shall
19    include therewith a  report  of  the  expenditures  described
20    herein,  covering  the period of time since the filing of his
21    last report to the date of termination  of  employment.  Such
22    notice  and report shall be final and relieve such registrant
23    of further reporting under this  Act,  unless  and  until  he
24    later  takes  employment  or  assumes duties requiring him to
25    again register under this Act.
26        (d)  Failure to file any  such  report  within  the  time
27    designated  or  the reporting of incomplete information shall
28    constitute a violation of this Act.
29        A registrant shall preserve for a period of 2  years  all
30    receipts  and  records  used  in preparing reports under this
31    Act.
32        (e)  Within 30 days after a filing deadline, the lobbyist
33    shall notify each official on whose behalf an expenditure has
34    been reported.  Notification shall include the  name  of  the
 
                            -6-      LRB093 10528 RCE 10782 b
 1    registrant,  the total amount of the expenditure, the date on
 2    which the expenditure occurred, and the subject matter of the
 3    lobbying activity.
 4    (Source: P.A. 90-78, eff. 1-1-98.)

 5        (25 ILCS 170/7) (from Ch. 63, par. 177)
 6        Sec. 7. Duties of the Secretary of State.
 7        It shall be the duty of the Secretary of State to provide
 8    appropriate forms  for  the  registration  and  reporting  of
 9    information   required   by   this   Act  and  to  keep  such
10    registrations and reports on file in his office for  3  years
11    from the date of filing. He shall also provide and maintain a
12    register  with  appropriate  blanks  and  indexes so that the
13    information required in Sections 5 and 6 of this Act  may  be
14    accordingly  entered. Such records shall be considered public
15    information and open to public inspection.
16        A report filed under this Act is due in the Office of the
17    Secretary of State no later than the close of business on the
18    date on which it is required to be filed.
19        Within 10 days after a filing deadline, the Secretary  of
20    State shall notify persons he determines are required to file
21    but have failed to do so.
22        Within   6  months  after  the  effective  date  of  this
23    amendatory Act of the 93rd General Assembly, the Secretary of
24    State must allow all reports required under this  Act  to  be
25    filed electronically.
26    (Source: P.A. 88-187.)