Full Text of HB4811 101st General Assembly
HB4811 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4811 Introduced 2/18/2020, by Rep. Blaine Wilhour SYNOPSIS AS INTRODUCED: |
| 5 ILCS 420/2-101 | from Ch. 127, par. 602-101 | 25 ILCS 170/2 | from Ch. 63, par. 172 |
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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. Amends the Illinois Governmental Ethics Act to provide that no legislator may engage in lobbying as that term is defined under the Lobbyist Registration Act (currently, as defined under the Illinois Governmental Ethics Act) for compensation.
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| | A BILL FOR |
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| | | HB4811 | | LRB101 19793 RJF 69304 b |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Governmental Ethics Act is amended | 5 | | by changing Section 2-101 as follows:
| 6 | | (5 ILCS 420/2-101) (from Ch. 127, par. 602-101)
| 7 | | Sec. 2-101.
No legislator may engage in lobbying, as that | 8 | | term is defined
in Section 2 of the Lobbyist Registration Act | 9 | | Section 1-109 , if he accepts compensation specifically | 10 | | attributable
to such lobbying, other than that provided by law | 11 | | for members of the
General Assembly. Nothing in this Section | 12 | | prohibits a legislator from
lobbying without compensation.
| 13 | | A violation of this Section shall constitute a Class A | 14 | | misdemeanor.
| 15 | | (Source: P.A. 77-2830.)
| 16 | | Section 10. The Lobbyist Registration Act is amended by | 17 | | changing Section 2 as follows: | 18 | | (25 ILCS 170/2) (from Ch. 63, par. 172) | 19 | | Sec. 2. Definitions. As used in this Act, unless the | 20 | | context otherwise
requires: | 21 | | (a) "Person" means any individual, firm, partnership, |
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| 1 | | committee,
association, corporation, or any other organization | 2 | | or group of persons. | 3 | | (b) "Expenditure" means a payment, distribution, loan, | 4 | | advance, deposit,
or gift of money or anything of value, and | 5 | | includes a contract, promise, or
agreement, whether or not | 6 | | legally enforceable, to make an expenditure, for
the ultimate | 7 | | purpose of influencing executive, legislative, or | 8 | | administrative
action, other than compensation as defined in | 9 | | subsection (d). | 10 | | (c) "Official" means: | 11 | | (1) the Governor, Lieutenant Governor, Secretary of | 12 | | State, Attorney
General, State Treasurer, and State | 13 | | Comptroller; | 14 | | (2) Chiefs of Staff for officials described in item | 15 | | (1); | 16 | | (3) Cabinet members of any elected constitutional | 17 | | officer, including
Directors, Assistant Directors and | 18 | | Chief Legal Counsel or General Counsel; | 19 | | (4) Members of the General Assembly; and | 20 | | (5) Members of any board, commission, authority, or | 21 | | task force of the State authorized or created by State law | 22 | | or by executive order of the Governor ; and . | 23 | | (6) Officials of a unit of local government, including | 24 | | mayors, presidents, trustees, board members, village | 25 | | managers, chief legal counsel, or general counsel, or other | 26 | | officials with substantial discretion to take or recommend |
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| 1 | | official action or who have voting powers. | 2 | | (d) "Compensation" means any money, thing of value or | 3 | | financial benefits
received or to be received in return for | 4 | | services rendered or to be
rendered, for lobbying as defined in | 5 | | subsection (e). | 6 | | Monies paid to members of the General Assembly by the State | 7 | | as
remuneration for performance of their Constitutional and | 8 | | statutory duties
as members of the General Assembly shall not | 9 | | constitute compensation as
defined by this Act. | 10 | | (e) "Lobby" and "lobbying"
means any communication with an | 11 | | official of the
executive or legislative branch of State | 12 | | government or a unit of local government as defined in | 13 | | subsection
(c) for the ultimate purpose of influencing any | 14 | | executive, legislative, or
administrative action , including, | 15 | | but not limited to, such actions as: (i) zoning matters; (ii) | 16 | | the introduction, passage, or other action to be taken on | 17 | | legislation, ordinance, resolution, motion, order, | 18 | | appointment, or other matter before an elected governing body; | 19 | | (iii) preparation of contract specifications; (iv) | 20 | | solicitation, award, or administration of a contract; (v) the | 21 | | award of a grant, loan, or other financial agreement involving | 22 | | public funds; (vi) procurement; (vii) bond inducement; and | 23 | | (viii) the granting of concessions. A person is not deemed to | 24 | | have undertaken to influence under this Section solely by | 25 | | submitting an application for a government permit or license or | 26 | | by responding to a government request for proposals or |
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| 1 | | qualifications . | 2 | | (f) "Influencing" means any communication, action, | 3 | | reportable
expenditure as prescribed in Section 6 or other | 4 | | means used to promote,
support, affect, modify, oppose or delay | 5 | | any executive, legislative or
administrative action or to | 6 | | promote goodwill with officials as defined in
subsection (c). | 7 | | (g) "Executive action" means the proposal, drafting, | 8 | | development,
consideration, amendment, adoption, approval, | 9 | | promulgation, issuance,
modification, rejection or | 10 | | postponement by a State entity of a rule,
regulation, order, | 11 | | decision, determination, contractual arrangement, purchasing
| 12 | | agreement or other quasi-legislative or quasi-judicial action | 13 | | or proceeding. | 14 | | (h) "Legislative action" means the development, drafting, | 15 | | introduction,
consideration, modification, adoption, | 16 | | rejection, review, enactment, or passage
or defeat of any bill, | 17 | | amendment, resolution, report, nomination,
administrative rule | 18 | | or other matter by either house of the General Assembly or
a | 19 | | committee thereof, or by a legislator. Legislative action also | 20 | | means the
action of the Governor in approving or vetoing any | 21 | | bill or portion thereof, and
the action of the Governor or any | 22 | | agency in the development of a proposal for
introduction in the | 23 | | legislature. | 24 | | (i) "Administrative action" means the execution or | 25 | | rejection of any rule,
regulation, legislative rule, standard, | 26 | | fee, rate, contractual arrangement,
purchasing agreement or |
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| 1 | | other delegated legislative or quasi-legislative action
to be | 2 | | taken or withheld by any executive agency, department, board or
| 3 | | commission of the State. | 4 | | (j) "Lobbyist" means any natural person who , on behalf of | 5 | | any person other than himself or herself, or as any part of his | 6 | | or her duties as an employee of another, undertakes to | 7 | | influence or lobby for any executive, legislative, or | 8 | | administrative action for State government or a unit of local | 9 | | government. "Lobbyist" shall include, but not be limited to, | 10 | | any attorney, accountant, or consultant engaged in the | 11 | | activities described in this subsection (j); provided, | 12 | | however, that an attorney shall not be considered a lobbyist | 13 | | while representing clients in a formal adversarial hearing | 14 | | undertakes to lobby State government as provided in subsection | 15 | | (e) . | 16 | | (k) "Lobbying entity" means any entity that hires, retains, | 17 | | employs, or compensates a natural person to lobby State | 18 | | government as provided in subsection (e).
| 19 | | (l) "Authorized agent" means the person designated by an | 20 | | entity or lobbyist registered under this Act as the person | 21 | | responsible for submission and retention of reports required | 22 | | under this Act. | 23 | | (m) "Client" means any person or entity that provides | 24 | | compensation to a lobbyist to lobby State government as | 25 | | provided in subsection (e) of this Section. | 26 | | (n) "Client registrant" means a client who is required to |
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| 1 | | register under this Act. | 2 | | (o) "Unit of local government" has the meaning ascribed to | 3 | | it in Section 1 of Article VII of the Illinois Constitution and | 4 | | also includes school districts and community college | 5 | | districts. | 6 | | (Source: P.A. 101-595, eff. 12-5-19.)
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