Full Text of HB2957 98th General Assembly
HB2957 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB2957 Introduced 2/26/2013, by Rep. Scott Drury SYNOPSIS AS INTRODUCED: |
| 25 ILCS 170/2 | from Ch. 63, par. 172 | 25 ILCS 170/3 | from Ch. 63, par. 173 | 25 ILCS 170/10 | from Ch. 63, par. 180 |
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Amends the Lobbyist Registration Act. Expands the definition of lobbying to include communications with government employees and attempts to persuade local government officials. Pre-empts home rule authorities from defining the act of "lobbying" in a manner inconsistent with the State's definition. Prohibits family members of legislators and persons with whom a legislator or State employee maintains a close economic relationship from lobbying for compensation. Provides that a violation of this prohibition is guilty of a Class A misdemeanor with a fine equal to five times the total compensation earned in violation of this Section.
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| | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | | HOME RULE NOTE ACT MAY APPLY |
| | A BILL FOR |
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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, 3, and 10 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 or employee of the
executive or legislative branch of | 19 | | any body of State government within the State of Illinois, | 20 | | including but not limited to the General Assembly and any unit | 21 | | of local government, as defined in subsection
(c) for the | 22 | | ultimate purpose of influencing any executive, legislative, or
| 23 | | administrative action. A home rule unit may not define "lobby" | 24 | | or "lobbying" in a manner inconsistent with this definition. | 25 | | This subsection is a limitation under subsection (i) of Section | 26 | | 6 of Article VII of the Illinois constitution on the concurrent |
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| 1 | | exercise by home rule units of powers and functions exercised | 2 | | by the State. | 3 | | (f) "Influencing" means any communication, action, | 4 | | reportable
expenditure as prescribed in Section 6 or other | 5 | | means used to promote,
support, affect, modify, oppose or delay | 6 | | any executive, legislative or
administrative action or to | 7 | | promote goodwill with officials as defined in
subsection (c). | 8 | | (g) "Executive action" means the proposal, drafting, | 9 | | development,
consideration, amendment, adoption, approval, | 10 | | promulgation, issuance,
modification, rejection or | 11 | | postponement by a State entity of a rule,
regulation, order, | 12 | | decision, determination, contractual arrangement, purchasing
| 13 | | agreement or other quasi-legislative or quasi-judicial action | 14 | | or proceeding. | 15 | | (h) "Legislative action" means the development, drafting, | 16 | | introduction,
consideration, modification, adoption, | 17 | | rejection, review, enactment, or passage
or defeat of any bill, | 18 | | amendment, resolution, report, nomination,
administrative rule | 19 | | or other matter by either house of the General Assembly or
a | 20 | | committee thereof, or by a legislator. Legislative action also | 21 | | means the
action of the Governor in approving or vetoing any | 22 | | bill or portion thereof, and
the action of the Governor or any | 23 | | agency in the development of a proposal for
introduction in the | 24 | | legislature. | 25 | | (i) "Administrative action" means the execution or | 26 | | rejection of any rule,
regulation, legislative rule, standard, |
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| 1 | | fee, rate, contractual arrangement,
purchasing agreement or | 2 | | other delegated legislative or quasi-legislative action
to be | 3 | | taken or withheld by any executive agency, department, board or
| 4 | | commission of the State. | 5 | | (j) "Lobbyist" means any natural person who undertakes to | 6 | | lobby State government
as provided in subsection (e). | 7 | | (k) "Lobbying entity" means any entity that hires, retains, | 8 | | employs, or compensates a natural person to lobby State | 9 | | government as provided in subsection (e).
| 10 | | (l) "Authorized agent" means the person designated by an | 11 | | entity or lobbyist registered under this Act as the person | 12 | | responsible for submission and retention of reports required | 13 | | under this Act. | 14 | | (m) "Employee" means (i) any person employed full-time, | 15 | | part-time, or pursuant to a contract and whose employment | 16 | | duties are subject to the direction and control of an employer | 17 | | with regard to the material details of how the work is to be | 18 | | performed; or (ii) any appointed or elected commissioner, | 19 | | trustee, director, or board member of a board of a State | 20 | | agency, including any retirement system or investment board | 21 | | subject to the Illinois Pension Code; or (iii) any other | 22 | | appointee. | 23 | | (n) "Family member" means those people related to a | 24 | | legislator as spouse, civil union partner, parent, child, | 25 | | stepchild, adopted child, son-in-law, daughter-in-law, | 26 | | father-in-law, mother-in-law, brother, sister, brother-in-law, |
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| 1 | | sister-in-law, grandparent, grandchild or any other person | 2 | | legally related to the legislator and living at the same | 3 | | address as the legislator as reflected in records maintained by | 4 | | the Secretary of State. | 5 | | (o) "Person with whom the official or State employee | 6 | | maintains a close economic association" means a person | 7 | | associated with the official or employee in a partnership, | 8 | | association or professional service corporation, whether as a | 9 | | partner, officer, employee, associate, or otherwise. | 10 | | (Source: P.A. 96-555, eff. 1-1-10; 96-1358, eff. 7-28-10.) | 11 | | (25 ILCS 170/3) (from Ch. 63, par. 173) | 12 | | Sec. 3. Persons required to register ; persons prohibited | 13 | | from lobbying . | 14 | | (a) Except as provided in Section
9, any natural
person | 15 | | who, for compensation or otherwise,
undertakes to lobby, or any
| 16 | | person or entity who employs or compensates another person for | 17 | | the purposes
of lobbying, shall register with the Secretary of | 18 | | State as provided in this Act, unless that person or entity | 19 | | qualifies for one or more of the following exemptions. | 20 | | (1) Persons or entities who, for the purpose of | 21 | | influencing any executive, legislative, or administrative | 22 | | action and who do not make expenditures that are reportable | 23 | | pursuant to Section 6, appear without compensation or | 24 | | promise thereof only as witnesses before committees of the | 25 | | House and Senate for the purpose of explaining or arguing |
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| 1 | | for or against the passage of or action upon any | 2 | | legislation then pending before those committees, or who | 3 | | seek without compensation or promise thereof the approval | 4 | | or veto of any legislation by the Governor. | 5 | | (1.4) A unit of local government or a school district. | 6 | | (1.5) An elected or appointed official or an employee | 7 | | of a unit of local government or school district who, in | 8 | | the scope of his or her public office or employment, seeks | 9 | | to influence executive, legislative, or administrative | 10 | | action exclusively on behalf of that unit of local | 11 | | government or school district. | 12 | | (2) Persons or entities who own, publish, or are | 13 | | employed by a newspaper or other regularly published | 14 | | periodical, or who own or are employed by a radio station, | 15 | | television station, or other bona fide news medium that in | 16 | | the ordinary course of business disseminates news, | 17 | | editorial or other comment, or paid advertisements that | 18 | | directly urge the passage or defeat of legislation. This | 19 | | exemption is not applicable to such an individual insofar | 20 | | as he or she receives additional compensation or expenses | 21 | | from some source other than the bona fide news medium for | 22 | | the purpose of influencing executive, legislative, or | 23 | | administrative action. This exemption does not apply to | 24 | | newspapers and periodicals owned by or published by trade | 25 | | associations and not-for-profit corporations engaged | 26 | | primarily in endeavors other than dissemination of news. |
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| 1 | | (3) Persons or entities performing professional | 2 | | services in drafting bills or in advising and rendering | 3 | | opinions to clients as to the construction and effect of | 4 | | proposed or pending legislation when those professional | 5 | | services are not otherwise, directly or indirectly, | 6 | | connected with executive, legislative, or administrative | 7 | | action. | 8 | | (4) Persons or entities who are employees of | 9 | | departments, divisions, or agencies of State government | 10 | | and who appear before committees of the House and Senate | 11 | | for the purpose of explaining how the passage of or action | 12 | | upon any legislation then pending before those committees | 13 | | will affect those departments, divisions, or agencies of | 14 | | State government. | 15 | | (5) Employees of the General Assembly, legislators, | 16 | | legislative agencies, and legislative commissions who, in | 17 | | the course of their official duties only, engage in | 18 | | activities that otherwise qualify as lobbying. | 19 | | (6) Persons or entities in possession of technical | 20 | | skills and knowledge relevant to certain areas of | 21 | | executive, legislative, or administrative actions, whose | 22 | | skills and knowledge would be helpful to officials when | 23 | | considering those actions, whose activities are limited to | 24 | | making occasional appearances for or communicating on | 25 | | behalf of a registrant, and who do not make expenditures | 26 | | that are reportable pursuant to Section 6 even though |
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| 1 | | receiving expense reimbursement for those occasional | 2 | | appearances. | 3 | | (7) Any full-time employee of a bona fide church or | 4 | | religious organization who represents that organization | 5 | | solely for the purpose of protecting the right of the | 6 | | members thereof to practice the religious doctrines of that | 7 | | church or religious organization, or any such bona fide | 8 | | church or religious organization. | 9 | | (8) Persons or entities that receive no compensation | 10 | | other than reimbursement for expenses of up to $500 per | 11 | | year while engaged in lobbying State government, unless | 12 | | those persons make expenditures that are reportable under | 13 | | Section 6. | 14 | | (9) Any attorney or group or firm of attorneys in the | 15 | | course of representing a client in any administrative or | 16 | | judicial proceeding, or any witness providing testimony in | 17 | | any administrative or judicial proceeding, in which ex | 18 | | parte communications are not allowed and who does not make | 19 | | expenditures that are reportable pursuant to Section 6. | 20 | | (9.5) Any attorney or group or firm of attorneys in the | 21 | | course of representing a client in an administrative or | 22 | | executive action involving a contractual or purchasing | 23 | | arrangement and who does not make expenditures that are | 24 | | reportable pursuant to Section 6. | 25 | | (10) Persons or entities who, in the scope of their | 26 | | employment as a vendor, offer or solicit an official for |
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| 1 | | the purchase of any goods or services when (1) the | 2 | | solicitation is limited to either an oral inquiry or | 3 | | written advertisements and informative literature; or (2) | 4 | | the goods and services are subject to competitive bidding | 5 | | requirements of the Illinois Procurement Code; or (3) the | 6 | | goods and services are for sale at a cost not to exceed | 7 | | $5,000; and (4) the persons or entities do not make | 8 | | expenditures that are reportable under Section 6.
| 9 | | (b) It is a violation of this Act to engage in lobbying or | 10 | | to employ any
person for the purpose of lobbying who is not | 11 | | registered with the Office of the
Secretary of State, except | 12 | | upon condition that the person register and the
person does in | 13 | | fact register within 2 business days after being employed or | 14 | | retained for lobbying services. | 15 | | (c) The Secretary shall promulgate a rule establishing a | 16 | | list of the entities required to register under this Act, | 17 | | including the name of each board, commission, authority, or | 18 | | task force. The Secretary may require a person or entity | 19 | | claiming an exemption under this Section to certify the person | 20 | | or entity is not required to register under this Act. Nothing | 21 | | prohibits the Secretary from rejecting a certification and | 22 | | requiring a person or entity to register. | 23 | | (d) Beginning on the effective date of this amendatory Act | 24 | | of the 98th General Assembly, no person that is a family member | 25 | | of an official or person with whom an official or State | 26 | | employee maintains a close economic association shall engage in |
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| 1 | | lobbying for compensation during the official's term of office | 2 | | or during the time that the employee is employed by the State | 3 | | unless that person qualifies for one of the exemptions listed | 4 | | in subsection (a) of this Section. | 5 | | (Source: P.A. 96-555, eff. 1-1-10; 96-1358, eff. 7-28-10.)
| 6 | | (25 ILCS 170/10) (from Ch. 63, par. 180)
| 7 | | Sec. 10. Penalties.
| 8 | | (a) Any person who violates any of the provisions of this | 9 | | Act shall be
guilty of a business offense and shall be fined | 10 | | not more than $10,000 for each violation. Every day that a | 11 | | report or registration is late shall constitute a separate | 12 | | violation. In determining the appropriate fine for each | 13 | | violation, the trier of fact shall consider the scope of the | 14 | | entire lobbying project, the nature of activities conducted | 15 | | during the time the person was in violation of this Act, and | 16 | | whether or not the violation was intentional or unreasonable.
| 17 | | (b) In addition to the penalties provided for in subsection | 18 | | (a)
of this Section, any person convicted of any violation of | 19 | | any provision of
this Act is prohibited for a period of three | 20 | | years from the date of such
conviction from lobbying.
| 21 | | (c) There is created in the State treasury a special fund | 22 | | to be known as
the Lobbyist Registration Administration Fund. | 23 | | All fines collected in the
enforcement of this Section shall be | 24 | | deposited into the Fund. These funds
shall, subject to | 25 | | appropriation, be used by the Office of the Secretary of
State |
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| 1 | | for implementation and administration of this Act.
| 2 | | (d) A violation of subsection (d) of Section 3 of this Act | 3 | | is a Class A misdemeanor with a fine equal to five times the | 4 | | total value of all compensation received in violation of the | 5 | | Section. | 6 | | (Source: P.A. 96-555, eff. 1-1-10.)
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