Illinois General Assembly - Full Text of SB1639
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Full Text of SB1639  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,
3represented in the General Assembly:
4    Section 5. The Lobbyist Registration Act is amended by
5changing 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
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.
9    (d) "Compensation" means any money, thing of value or
10financial benefits received or to be received in return for
11services rendered or to be rendered, for lobbying as defined in
12subsection (e).
13    Monies paid to members of the General Assembly by the State
14as remuneration for performance of their Constitutional and
15statutory duties as members of the General Assembly shall not
16constitute compensation as defined by this Act.
17    (e) "Lobby" and "lobbying" means any communication with an
18official of the executive or legislative branch of State
19government as defined in subsection (c) for the ultimate
20purpose of influencing any executive, legislative, or
21administrative action.
22    (f) "Influencing" means any communication, action,
23reportable expenditure as prescribed in Section 6 or other
24means used to promote, support, affect, modify, oppose or delay
25any executive, legislative or administrative action or to
26promote goodwill with officials as defined in subsection (c).



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1    (g) "Executive action" means the proposal, drafting,
2development, consideration, amendment, adoption, approval,
3promulgation, issuance, modification, rejection or
4postponement by a State entity of a rule, regulation, order,
5decision, determination, contractual arrangement, purchasing
6agreement or other quasi-legislative or quasi-judicial action
7or proceeding.
8    (h) "Legislative action" means the development, drafting,
9introduction, consideration, modification, adoption,
10rejection, review, enactment, or passage or defeat of any bill,
11amendment, resolution, report, nomination, administrative rule
12or other matter by either house of the General Assembly or a
13committee thereof, or by a legislator. Legislative action also
14means the action of the Governor in approving or vetoing any
15bill or portion thereof, and the action of the Governor or any
16agency in the development of a proposal for introduction in the
18    (i) "Administrative action" means the execution or
19rejection of any rule, regulation, legislative rule, standard,
20fee, rate, contractual arrangement, purchasing agreement or
21other delegated legislative or quasi-legislative action to be
22taken or withheld by any executive agency, department, board or
23commission of the State.
24    (j) "Lobbyist" means any natural person who undertakes to
25lobby State government as provided in subsection (e).
26    (k) "Lobbying entity" means any entity that hires, retains,



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1employs, or compensates a natural person to lobby State
2government as provided in subsection (e).
3    (l) "Authorized agent" means the person designated by an
4entity or lobbyist registered under this Act as the person
5responsible for submission and retention of reports required
6under this Act.
7    (m) "Client" means any person or entity that provides
8compensation to a lobbyist to lobby State government as
9provided in subsection (e) of this Section.
10    (n) "Client registrant" means a client who is required to
11register under this Act.
12    (o) "Unit of local government" has the meaning ascribed to
13it in Section 1 of Article VII of the Illinois Constitution and
14also includes school districts and community college
16(Source: P.A. 98-459, eff. 1-1-14.)
17    (25 ILCS 170/5)
18    Sec. 5. Lobbyist registration and disclosure. Every
19natural person and every entity required to register under this
20Act shall before any service is performed which requires the
21natural person or entity to register, but in any event not
22later than 2 business days after being employed or retained,
23file in the Office of the Secretary of State a statement in a
24format prescribed by the Secretary of State containing the
25following information with respect to each person or entity



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1employing, retaining, or benefitting from the services of the
2natural 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
12under this Act shall annually submit the registration required
13by this Section on or before each January 31. The registrant
14has a continuing duty to report any substantial change or
15addition to the information contained in the registration.
16Registrants registered as of the effective date of this
17amendatory Act of the 101st General Assembly shall update their
18registration to add the information required under subsections
19(b-5), (e), and (f), if applicable, within 30 days after the
20effective date of this amendatory Act of the 101st General
22    The Secretary of State shall make all filed statements and
23amendments to statements publicly available by means of a
24searchable database that is accessible through the World Wide
25Web. The Secretary of State shall provide all software
26necessary to comply with this provision to all natural persons



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1and entities required to file. The Secretary of State shall
2implement a plan to provide computer access and assistance to
3natural persons and entities required to file electronically.
4    All natural persons and entities required to register under
5this Act shall remit a single, annual, and nonrefundable $300
6registration fee. Each natural person required to register
7under this Act shall submit, on an annual basis, a picture of
8the registrant. A registrant may, in lieu of submitting a
9picture on an annual basis, authorize the Secretary of State to
10use any photo identification available in any database
11maintained by the Secretary of State for other purposes. Each
12registration fee collected for registrations on or after
13January 1, 2010 shall be deposited into the Lobbyist
14Registration Administration Fund for administration and
15enforcement 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
20provide appropriate forms for the registration and reporting of
21information required by this Act and to keep such registrations
22and reports on file in his office for 3 years from the date of
23filing. He shall also provide and maintain a register with
24appropriate blanks and indexes so that the information required
25in Sections 5 and 6 of this Act may be accordingly entered.



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1Such records shall be considered public information and open to
2public inspection.
3    (b) Within 5 business days after a filing deadline, the
4Secretary of State shall notify persons he determines are
5required to file but have failed to do so.
6    (c) The Secretary of State shall provide adequate software
7to the persons required to file under this Act, and all
8registrations, reports, statements, and amendments required to
9be filed shall be filed electronically. The Secretary of State
10shall promptly make all filed reports publicly available by
11means of a searchable database that is accessible through the
12World Wide Web. The Secretary of State shall provide all
13software necessary to comply with this provision to all persons
14required to file. The Secretary of State shall implement a plan
15to provide computer access and assistance to persons required
16to file electronically.
17    (d) The Secretary of State shall include registrants'
18pictures when publishing or posting on his or her website the
19information required in Section 5.
20    (d-5) Within 90 days after the effective date of this
21amendatory Act of the 101st General Assembly, the Secretary of
22State shall create a publicly accessible and searchable
23database bringing together disclosures by registered lobbyists
24under this Act, contributions by registered lobbyists required
25to be disclosed under the Election Code, and statements of
26economic interests required to be filed by State officials and



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1employees under the Illinois Governmental Ethics Act.
2    (e) The Secretary of State shall receive and investigate
3allegations of violations of this Act. Any employee of the
4Secretary of State who receives an allegation shall immediately
5transmit 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
8becoming law.