Full Text of HB0400 101st General Assembly
HB0400ham001 101ST GENERAL ASSEMBLY | Rep. Joyce Mason Filed: 5/18/2020
| | 10100HB0400ham001 | | LRB101 03013 RJF 70614 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 400
| 2 | | AMENDMENT NO. ______. Amend House Bill 400 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Lobbyist Registration Act is amended by | 5 | | changing Section 3 as follows: | 6 | | (25 ILCS 170/3) (from Ch. 63, par. 173) | 7 | | Sec. 3. Persons required to register. | 8 | | (a) Except as provided in Section
9, any natural
person | 9 | | who, for compensation or otherwise,
undertakes to lobby, or any
| 10 | | person or entity who employs or compensates another person for | 11 | | the purposes
of lobbying, shall register with the Secretary of | 12 | | State as provided in this Act, unless that person or entity | 13 | | qualifies for one or more of the following exemptions. | 14 | | (1) Persons or entities who, for the purpose of | 15 | | influencing any executive, legislative, or administrative | 16 | | action and who do not make expenditures that are reportable |
| | | 10100HB0400ham001 | - 2 - | LRB101 03013 RJF 70614 a |
|
| 1 | | pursuant to Section 6, appear without compensation or | 2 | | promise thereof only as witnesses before committees of the | 3 | | House and Senate for the purpose of explaining or arguing | 4 | | for or against the passage of or action upon any | 5 | | legislation then pending before those committees, or who | 6 | | seek without compensation or promise thereof the approval | 7 | | or veto of any legislation by the Governor. | 8 | | (1.4) A unit of local government or a school district. | 9 | | (1.5) An elected or appointed official or an employee | 10 | | of a unit of local government or school district who, in | 11 | | the scope of his or her public office or employment, seeks | 12 | | to influence executive, legislative, or administrative | 13 | | action exclusively on behalf of that unit of local | 14 | | government or school district. | 15 | | (2) Persons or entities who own, publish, or are | 16 | | employed by a newspaper or other regularly published | 17 | | periodical, or who own or are employed by a radio station, | 18 | | television station, or other bona fide news medium that in | 19 | | the ordinary course of business disseminates news, | 20 | | editorial or other comment, or paid advertisements that | 21 | | directly urge the passage or defeat of legislation. This | 22 | | exemption is not applicable to such an individual insofar | 23 | | as he or she receives additional compensation or expenses | 24 | | from some source other than the bona fide news medium for | 25 | | the purpose of influencing executive, legislative, or | 26 | | administrative action. This exemption does not apply to |
| | | 10100HB0400ham001 | - 3 - | LRB101 03013 RJF 70614 a |
|
| 1 | | newspapers and periodicals owned by or published by trade | 2 | | associations and not-for-profit corporations engaged | 3 | | primarily in endeavors other than dissemination of news. | 4 | | (3) Persons or entities performing professional | 5 | | services in drafting bills or in advising and rendering | 6 | | opinions to clients as to the construction and effect of | 7 | | proposed or pending legislation when those professional | 8 | | services are not otherwise, directly or indirectly, | 9 | | connected with executive, legislative, or administrative | 10 | | action. | 11 | | (4) Persons or entities who are employees of | 12 | | departments, divisions, or agencies of State government | 13 | | and who appear before committees of the House and Senate | 14 | | for the purpose of explaining how the passage of or action | 15 | | upon any legislation then pending before those committees | 16 | | will affect those departments, divisions, or agencies of | 17 | | State government. | 18 | | (5) Employees of the General Assembly, legislators, | 19 | | legislative agencies, and legislative commissions who, in | 20 | | the course of their official duties only, engage in | 21 | | activities that otherwise qualify as lobbying. | 22 | | (6) Persons or entities in possession of technical | 23 | | skills and knowledge relevant to certain areas of | 24 | | executive, legislative, or administrative actions, whose | 25 | | skills and knowledge would be helpful to officials when | 26 | | considering those actions, whose activities are limited to |
| | | 10100HB0400ham001 | - 4 - | LRB101 03013 RJF 70614 a |
|
| 1 | | making occasional appearances for or communicating on | 2 | | behalf of a registrant, and who do not make expenditures | 3 | | that are reportable pursuant to Section 6 even though | 4 | | receiving expense reimbursement for those occasional | 5 | | appearances. | 6 | | (7) Any full-time employee of a bona fide church or | 7 | | religious organization who represents that organization | 8 | | solely for the purpose of protecting the right of the | 9 | | members thereof to practice the religious doctrines of that | 10 | | church or religious organization, or any such bona fide | 11 | | church or religious organization. | 12 | | (8) Persons or entities that receive no compensation | 13 | | other than reimbursement for expenses of up to $500 per | 14 | | year while engaged in lobbying State government, unless | 15 | | those persons make expenditures that are reportable under | 16 | | Section 6. | 17 | | (9) Any attorney or group or firm of attorneys in the | 18 | | course of representing a client in any administrative or | 19 | | judicial proceeding, or any witness providing testimony in | 20 | | any administrative or judicial proceeding, in which ex | 21 | | parte communications are not allowed and who does not make | 22 | | expenditures that are reportable pursuant to Section 6. | 23 | | (9.5) Any attorney or group or firm of attorneys in the | 24 | | course of representing a client in an administrative or | 25 | | executive action involving a contractual or purchasing | 26 | | arrangement and who does not make expenditures that are |
| | | 10100HB0400ham001 | - 5 - | LRB101 03013 RJF 70614 a |
|
| 1 | | reportable pursuant to Section 6. | 2 | | (10) Persons or entities who, in the scope of their | 3 | | employment as a vendor, offer or solicit an official for | 4 | | the purchase of any goods or services when (1) the | 5 | | solicitation is limited to either an oral inquiry or | 6 | | written advertisements and informative literature; or (2) | 7 | | the goods and services are subject to competitive bidding | 8 | | requirements of the Illinois Procurement Code; or (3) the | 9 | | goods and services are for sale at a cost not to exceed | 10 | | $5,000; and (4) the persons or entities do not make | 11 | | expenditures that are reportable under Section 6.
| 12 | | (a-5) Except as provided in Section 9, any natural person | 13 | | who, for compensation or other pecuniary interest, | 14 | | communicates with any unit of local government for the ultimate | 15 | | purpose of influencing official action of the unit of local | 16 | | government concerning an automated traffic law enforcement | 17 | | system, or any person or entity who employs or compensates | 18 | | another person for the purposes of such communications, shall | 19 | | register with the Secretary of State as provided in this Act. | 20 | | This subsection (a-5) shall not apply to communications made to | 21 | | judicial bodies or administrative courts regarding the | 22 | | prosecution or defense of alleged violations of Section 11-306 | 23 | | of the Illinois Vehicle Code or similar local ordinances | 24 | | obtained by the unit of local government through automated | 25 | | traffic law enforcement systems. For the purposes of this | 26 | | subsection (a-5), "Automated traffic law enforcement system" |
| | | 10100HB0400ham001 | - 6 - | LRB101 03013 RJF 70614 a |
|
| 1 | | has the same meaning as provided under Section 11-208.6 of the | 2 | | Illinois Vehicle Code. | 3 | | (b) It is a violation of this Act to engage in lobbying or | 4 | | to employ any
person for the purpose of lobbying who is not | 5 | | registered with the Office of the
Secretary of State, except | 6 | | upon condition that the person register and the
person does in | 7 | | fact register within 2 business days after being employed or | 8 | | retained for lobbying services. | 9 | | (c) The Secretary shall promulgate a rule establishing a | 10 | | list of the entities required to register under this Act, | 11 | | including the name of each board, commission, authority, or | 12 | | task force. The Secretary may require a person or entity | 13 | | claiming an exemption under this Section to certify the person | 14 | | or entity is not required to register under this Act. Nothing | 15 | | prohibits the Secretary from rejecting a certification and | 16 | | requiring a person or entity to register. | 17 | | (Source: P.A. 96-555, eff. 1-1-10; 96-1358, eff. 7-28-10.)".
|
|