Full Text of HB0736 96th General Assembly
HB0736 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB0736
Introduced 2/6/2009, by Rep. John A. Fritchey SYNOPSIS AS INTRODUCED: |
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5 ILCS 430/5-47 new |
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5 ILCS 430/50-5 |
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25 ILCS 160/3 new |
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25 ILCS 170/2 |
from Ch. 63, par. 172 |
25 ILCS 170/3 |
from Ch. 63, par. 173 |
25 ILCS 170/3.5 new |
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25 ILCS 170/5 |
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25 ILCS 170/6 |
from Ch. 63, par. 176 |
25 ILCS 170/6.5 |
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25 ILCS 170/7 |
from Ch. 63, par. 177 |
25 ILCS 170/10 |
from Ch. 63, par. 180 |
25 ILCS 170/10.5 new |
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25 ILCS 170/4 rep. |
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25 ILCS 170/11 rep. |
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Amends the State Officials and Employees Ethics Act, the General Assembly Staff Assistants Act, and the Lobbyist Registration Act. Makes changes concerning: lobbying revolving door prohibition for State employees; website posting of legislative committee witness slips; registration requirements and exemptions for lobbyists and lobbying entities; disclosure of employment or retention of lobbyists by units of local government and school districts; reports by lobbyists and lobbying entities; gifts from lobbyists and lobbying entities to elected State officials and State employees; and investigation of and penalties for violations of the Lobbyist Registration Act.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
FISCAL NOTE ACT MAY APPLY |
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A BILL FOR
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HB0736 |
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| AN ACT concerning ethics.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The State Officials and Employees Ethics Act is | 5 |
| amended by adding Section 5-47 and by changing Section 50-5 as | 6 |
| follows: | 7 |
| (5 ILCS 430/5-47 new) | 8 |
| Sec. 5-47. Lobbying; revolving door. No State employee may | 9 |
| accept compensation or other employment as a lobbyist | 10 |
| representing clients before any State agency for which the | 11 |
| employee worked for one year from the date the employee left | 12 |
| that agency. | 13 |
| (5 ILCS 430/50-5)
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| Sec. 50-5. Penalties.
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| (a) A person is guilty of a Class A misdemeanor if that | 16 |
| person intentionally
violates any provision of Section 5-15, | 17 |
| 5-30, 5-40, or 5-45 , or 5-47 or Article 15.
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| (b) A person who intentionally violates any provision
of | 19 |
| Section 5-20, 5-35, 5-50, or 5-55 is guilty of a business | 20 |
| offense
subject to a fine of at least $1,001 and up to $5,000.
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| (c) A person who intentionally violates any provision of | 22 |
| Article 10 is
guilty of a business
offense and subject to a |
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| fine of at least $1,001 and up to $5,000.
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| (d) Any person who intentionally makes a
false report | 3 |
| alleging a violation of any provision of this Act to an ethics
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| commission,
an inspector general,
the State Police, a State's | 5 |
| Attorney, the Attorney General, or any other law
enforcement | 6 |
| official is guilty of a Class A misdemeanor.
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| (e) An ethics commission may levy an administrative fine of | 8 |
| up to $5,000
against any person
who violates this Act, who | 9 |
| intentionally obstructs or interferes with an
investigation
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| conducted under this Act by an inspector general, or who
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| intentionally makes a false, frivolous, or bad faith | 12 |
| allegation.
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| (f) In addition to any other penalty that may apply, | 14 |
| whether criminal or
civil, a State employee who intentionally | 15 |
| violates
any provision of Section 5-15, 5-20, 5-30, 5-35, 5-40, | 16 |
| or 5-50, Article 10,
Article 15, or Section 20-90 or 25-90 is | 17 |
| subject to discipline or discharge by
the
appropriate ultimate
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| jurisdictional authority.
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| (Source: P.A. 93-615, eff. 11-19-03; 93-617, eff. 12-9-03.)
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| Section 10. The General Assembly Staff Assistants Act is | 21 |
| amended by adding Section 3 as follows: | 22 |
| (25 ILCS 160/3 new) | 23 |
| Sec. 3. Posting of witness slips. During the period the | 24 |
| General Assembly is in session, each legislative committee |
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| clerk, as assigned, shall ensure that any witness slips | 2 |
| proffered for committee testimony are entered into an | 3 |
| electronic database and posted with bill information on the | 4 |
| General Assembly website. | 5 |
| Section 15. The Lobbyist Registration Act is amended by | 6 |
| changing Sections 2, 3, 5, 6, 6.5, 7, and 10 and by adding | 7 |
| Sections 3.5 and 10.5 as follows:
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| (25 ILCS 170/2) (from Ch. 63, par. 172)
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| Sec. 2. Definitions. As used in this Act, unless the | 10 |
| context otherwise
requires:
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| (a) "Person" means any individual, firm, partnership, | 12 |
| committee,
association, corporation, or any other organization | 13 |
| or group of persons.
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| (b) "Expenditure" means a payment, distribution, loan, | 15 |
| advance, deposit,
or gift of money or anything of value, and | 16 |
| includes a contract, promise, or
agreement, whether or not | 17 |
| legally enforceable, to make an expenditure, for
the ultimate | 18 |
| purpose of influencing executive, legislative, or | 19 |
| administrative
action, other than compensation as defined in | 20 |
| subsection (d).
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| (c) "Official" means any officer, member, or employee as | 22 |
| those terms are defined in the State Officials and Employees | 23 |
| Ethics Act. :
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| (1) the Governor, Lieutenant Governor, Secretary of |
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| State, Attorney
General, State Treasurer, and State | 2 |
| Comptroller;
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| (2) Chiefs of Staff for officials described in item | 4 |
| (1);
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| (3) Cabinet members of any elected constitutional | 6 |
| officer, including
Directors, Assistant Directors and | 7 |
| Chief Legal Counsel or General Counsel;
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| (4) Members of the General Assembly.
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| (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).
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| 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.
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| (e) "Lobby" and "lobbying"
"Lobbying" means any | 18 |
| communication with an official of the
executive or legislative | 19 |
| branch of State government as defined in subsection
(c) for the | 20 |
| ultimate purpose of influencing any executive, legislative, or
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| administrative action.
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| (f) "Influencing" means any communication, action, | 23 |
| reportable
expenditure as prescribed in Section 6 or other | 24 |
| means used to promote,
support, affect, modify, oppose or delay | 25 |
| any executive, legislative or
administrative action or to | 26 |
| promote goodwill with officials as defined in
subsection (c).
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| (g) "Executive action" means the proposal, drafting, | 2 |
| development,
consideration, amendment, adoption, approval, | 3 |
| promulgation, issuance,
modification, rejection or | 4 |
| postponement by a State entity of a rule,
regulation, order, | 5 |
| decision, determination, contractual arrangement, purchasing
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| agreement or other quasi-legislative or quasi-judicial action | 7 |
| or proceeding.
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| (h) "Legislative action" means the development, drafting, | 9 |
| introduction,
consideration, modification, adoption, | 10 |
| rejection, review, enactment, or passage
or defeat of any bill, | 11 |
| amendment, resolution, report, nomination,
administrative rule | 12 |
| or other matter by either house of the General Assembly or
a | 13 |
| committee thereof, or by a legislator. Legislative action also | 14 |
| means the
action of the Governor in approving or vetoing any | 15 |
| bill or portion thereof, and
the action of the Governor or any | 16 |
| agency in the development of a proposal for
introduction in the | 17 |
| legislature.
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| (i) "Administrative action" means the execution or | 19 |
| rejection of any rule,
regulation, legislative rule, standard, | 20 |
| fee, rate, contractual arrangement,
purchasing agreement or | 21 |
| other delegated legislative or quasi-legislative action
to be | 22 |
| taken or withheld by any executive agency, department, board or
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| commission of the State.
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| (j) "Lobbyist" means any natural person who undertakes to | 25 |
| lobby State government
as provided in subsection (e).
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| (k) "Lobbying entity" means any entity that hires, retains, |
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| employs, or compensates a natural person to lobby State | 2 |
| government as provided in subsection (e).
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| (Source: P.A. 88-187.)
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| (25 ILCS 170/3) (from Ch. 63, par. 173)
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| Sec. 3. Persons required to register.
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| (a) Except as provided in Section
Sections 4 and 9, any | 7 |
| natural
the following persons shall
register with the Secretary | 8 |
| of State as provided herein: (1) Any person who, for | 9 |
| compensation or otherwise,
undertakes to lobby, or any
either | 10 |
| individually or as an employee or contractual employee of | 11 |
| another
person, undertakes to influence executive, legislative | 12 |
| or administrative
action. (2) Any person or entity who employs | 13 |
| another person for the purposes
of lobbying, shall register | 14 |
| with the Secretary of State as provided in this Act, unless | 15 |
| that person or entity qualifies for one or more of the | 16 |
| following exemptions
influencing executive, legislative or | 17 |
| administrative action .
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| (1) Persons or entities who, for the purpose of | 19 |
| influencing executive, legislative, or administrative | 20 |
| action and who do not make expenditures that are reportable | 21 |
| pursuant to Section 6, appear without compensation or | 22 |
| promise thereof only as witnesses before committees of the | 23 |
| House and Senate for the purpose of explaining or arguing | 24 |
| for or against the passage of or action upon any | 25 |
| legislation then pending before those committees, or who |
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| seek without compensation or promise thereof the approval | 2 |
| or veto of any legislation by the Governor. | 3 |
| (1.4) A unit of local government or a school district. | 4 |
| (1.5) An elected or appointed official or an employee | 5 |
| of a unit of local government or school district who, in | 6 |
| the scope of his or her public office or employment, seeks | 7 |
| to influence executive, legislative, or administrative | 8 |
| action exclusively on behalf of that unit of local | 9 |
| government or school district. | 10 |
| (2) Persons or entities who own, publish, or are | 11 |
| employed by a newspaper or other regularly published | 12 |
| periodical, or who own or are employed by a radio station, | 13 |
| television station, or other bona fide news medium that in | 14 |
| the ordinary course of business disseminates news, | 15 |
| editorial or other comment, or paid advertisements that | 16 |
| directly urge the passage or defeat of legislation. This | 17 |
| exemption is not applicable to such an individual insofar | 18 |
| as he or she receives additional compensation or expenses | 19 |
| from some source other than the bona fide news medium for | 20 |
| the purpose of influencing executive, legislative, or | 21 |
| administrative action. This exemption does not apply to | 22 |
| newspapers and periodicals owned by or published by trade | 23 |
| associations and profit corporations engaged primarily in | 24 |
| endeavors other than dissemination of news. | 25 |
| (3) Persons or entities performing professional | 26 |
| services in drafting bills or in advising and rendering |
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| opinions to clients as to the construction and effect of | 2 |
| proposed or pending legislation when those professional | 3 |
| services are not otherwise, directly or indirectly, | 4 |
| connected with executive, legislative, or administrative | 5 |
| action. | 6 |
| (4) Persons or entities who are employees of | 7 |
| departments, divisions, or agencies of State government | 8 |
| and who appear before committees of the House and Senate | 9 |
| for the purpose of explaining how the passage of or action | 10 |
| upon any legislation then pending before those committees | 11 |
| will affect those departments, divisions, or agencies of | 12 |
| State government. | 13 |
| (5) Employees of the General Assembly, legislators, | 14 |
| legislative agencies, and legislative commissions who, in | 15 |
| the course of their official duties only, engage in | 16 |
| activities that otherwise qualify as lobbying. | 17 |
| (6) Persons or entities in possession of technical | 18 |
| skills and knowledge relevant to certain areas of | 19 |
| executive, legislative, or administrative actions, whose | 20 |
| skills and knowledge would be helpful to officials when | 21 |
| considering those actions, whose activities are limited to | 22 |
| making occasional appearances for or communicating on | 23 |
| behalf of a registrant, and who do not make expenditures | 24 |
| that are reportable pursuant to Section 6 even though | 25 |
| receiving expense reimbursement for those occasional | 26 |
| appearances. |
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| (7) Any full-time employee of a bona fide church or | 2 |
| religious organization who represents that organization | 3 |
| solely for the purpose of protecting the right of the | 4 |
| members thereof to practice the religious doctrines of that | 5 |
| church or religious organization, or any such bona fide | 6 |
| church or religious organization. | 7 |
| (8) Persons who receive no compensation other than | 8 |
| reimbursement for expenses of up to $500 per year while | 9 |
| engaged in lobbying State government, unless those persons | 10 |
| make expenditures that are reportable under Section 6. | 11 |
| (9) Any attorney or group or firm of attorneys in the | 12 |
| course of representing a client in any administrative or | 13 |
| judicial proceeding, or any witness providing testimony in | 14 |
| any administrative or judicial proceeding, in which ex | 15 |
| parte communications are not allowed and who does not make | 16 |
| expenditures that are reportable pursuant to Section 6. | 17 |
| (10) Persons or entities who, in the scope of their | 18 |
| employment as a vendor, offer or solicit an official for | 19 |
| the purchase of any goods or services when (1) the | 20 |
| solicitation is limited to either an oral inquiry or | 21 |
| written advertisements and informative literature; or (2) | 22 |
| the goods and services are subject to competitive bidding | 23 |
| requirements of the Illinois Procurement Code; or (3) the | 24 |
| goods and services are for sale at a cost not to exceed | 25 |
| $5,000; and (4) the persons or entities do not make | 26 |
| expenditures that are reportable under Section 6.
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| (b) It is a violation of this Act to engage in lobbying or | 2 |
| to employ any
person for the purpose of lobbying who is not | 3 |
| registered with the Office of the
Secretary of State, except | 4 |
| upon condition that the person register and the
person does in | 5 |
| fact register within 2 business days after being employed or | 6 |
| retained for lobbying services.
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| (Source: P.A. 93-615, eff. 11-19-03.)
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| (25 ILCS 170/3.5 new)
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| Sec. 3.5. Local government and school district | 10 |
| acknowledgement. | 11 |
| (a) Any unit of local government or school district that | 12 |
| claims exemption from registration under Section 3(a)(1.4) | 13 |
| shall file an acknowledgement with the Secretary of State. | 14 |
| (b) The acknowledgement shall contain the following | 15 |
| information in substantially the following form:
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| ACKNOWLEDGEMENT | 17 |
| (1)............., a [unit of local government or | 18 |
| school district], hereby acknowledges that it has engaged | 19 |
| the following lobbyists for the following purposes | 20 |
| .............................to lobby [name or names of | 21 |
| State executive or legislative agencies or offices the | 22 |
| lobbyist is to lobby] regarding | 23 |
| ............................................................. | 24 |
| ............................................................. | 25 |
| [a brief description of the executive, legislative, or |
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| administrative action in reference to which the service is | 2 |
| rendered, including bill numbers where available] | 3 |
| (2) The unit or district pledges to provide at least as | 4 |
| much information about these relationships as is required | 5 |
| by the Lobbyist Registration Act under the terms of the | 6 |
| Freedom of Information Act (FOIA). The unit's or district's | 7 |
| FOIA compliance officer is ....................... His or | 8 |
| her mailing address is ...................... His or her | 9 |
| telephone number is | 10 |
| ............................................................. | 11 |
| His or her fax number is | 12 |
| ............................................................. | 13 |
| His or her e mail address is | 14 |
| ............................................................. | 15 |
| (3) The head of the unit or district under FOIA (for | 16 |
| appeals purposes) is | 17 |
| ............................................................. | 18 |
| His or her mailing address is | 19 |
| ............................................................. | 20 |
| ............................................................. | 21 |
| ............................................................. | 22 |
| His or her telephone number is | 23 |
| ............................................................. | 24 |
| His or her fax number is | 25 |
| ............................................................. | 26 |
| His or her e mail address is |
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| ............................................................. | 2 |
| The acknowledgement shall be signed and dated by the | 3 |
| chief executive officer of the unit of local government or | 4 |
| school district. | 5 |
| (c) An acknowledgement shall be filed not later than 2 | 6 |
| business days after the unit or district employs or retains a | 7 |
| registrant. The filing unit or district shall amend the | 8 |
| acknowledgement within 14 calendar days after any substantial | 9 |
| changes or additions in order to report those changes or | 10 |
| additions, except that an amendment to acknowledge a new | 11 |
| agreement to retain or employ a registrant for lobbying | 12 |
| services shall be filed before any services that require the | 13 |
| person to register are performed, but in any event not later | 14 |
| than 2 business days after entering into the agreement. | 15 |
| For the purpose of this Section, a substantial change to an | 16 |
| acknowledgement means an addition to or deletion from, or a | 17 |
| change in the identity of, a lobbyist, lobbying entity, Freedom | 18 |
| of Information Act compliance officer, or head of the unit or | 19 |
| district under the Freedom of Information Act (for appeals | 20 |
| purposes). Changes in contact information, such as mailing | 21 |
| addresses or telephone or fax numbers, do not constitute a | 22 |
| substantial change requiring a new filing. | 23 |
| (d) There shall be no fee for filing an acknowledgement. | 24 |
| Violators of this Section, however, may be assessed penalties | 25 |
| under Section 10. |
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| (25 ILCS 170/5)
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| Sec. 5. Lobbyist registration and disclosure. Every person | 3 |
| required to
register under Section 3 shall
before any service
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| is performed which requires the person to register, but in any | 5 |
| event not
later than 2 business days after being employed or | 6 |
| retained, and on or before
each
January 31 and July 31 | 7 |
| thereafter, file in the Office of the
Secretary of State a | 8 |
| written statement in a format prescribed by the Secretary of | 9 |
| State containing the
following
information
with respect to each | 10 |
| person or entity
employing or retaining the person required to | 11 |
| register:
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| (a) The registrant's name, permanent address, e-mail
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| address, if any,
fax
number, if any, business telephone | 14 |
| number, and temporary address, if the
registrant has a | 15 |
| temporary address while lobbying.
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| (a-5) If the registrant is an organization or business | 17 |
| entity, the
information required under subsection (a) for | 18 |
| each person associated with the
registrant who will be | 19 |
| lobbying,
regardless of whether lobbying is a significant | 20 |
| part of his or her duties.
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| (b) The name and address of the person or persons | 22 |
| employing or retaining
registrant to perform such services | 23 |
| or on whose behalf the registrant appears.
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| (c) A brief description of the executive, legislative, | 25 |
| or administrative
action in reference to which such service | 26 |
| is to be rendered.
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| (c-5) Each executive and legislative branch agency the | 2 |
| registrant
expects
to lobby during the registration | 3 |
| period.
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| (c-6) The nature of the client's business, by | 5 |
| indicating all
of the following categories that apply: (1) | 6 |
| banking and financial services, (2)
manufacturing, (3) | 7 |
| education, (4) environment, (5) healthcare, (6)
insurance, | 8 |
| (7) community interests, (8) labor, (9) public relations or
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| advertising, (10) marketing or sales, (11) hospitality, | 10 |
| (12) engineering,
(13) information or technology products | 11 |
| or services, (14) social services,
(15) public utilities, | 12 |
| (16) racing or wagering, (17) real estate or
construction, | 13 |
| (18) telecommunications, (19) trade or professional
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| association, (20) travel or tourism, (21) transportation, | 15 |
| and (22) other
(setting forth the nature of that other | 16 |
| business).
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| The registrant must file an amendment to the statement | 18 |
| within 14 calendar
days
to report any substantial change or | 19 |
| addition to the information previously
filed, except that a | 20 |
| registrant must file an amendment to the statement to
disclose | 21 |
| a new agreement to retain the registrant for lobbying services
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| before any service is performed which requires the person to | 23 |
| register, but in
any event not later than 2 business days after | 24 |
| entering into the retainer
agreement.
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| Not later than 12 months after the effective date of this | 26 |
| amendatory
Act of the 93rd General Assembly, or as soon |
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| thereafter as the Secretary of
State has provided adequate | 2 |
| software to the persons required to file, all
statements and | 3 |
| amendments to statements required to be filed shall be filed
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| electronically. The Secretary of State shall promptly make all | 5 |
| filed
statements and amendments to statements publicly | 6 |
| available by means of a
searchable database that is accessible | 7 |
| through the World Wide Web. The
Secretary of State shall | 8 |
| provide all software necessary to comply with this
provision to | 9 |
| all persons required to file. The Secretary of State shall
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| implement a plan to provide computer access and assistance to | 11 |
| persons
required to file electronically.
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| Persons required to register under this Act prior to July | 13 |
| 1, 2003,
shall
remit a single, annual and nonrefundable $50 | 14 |
| registration fee.
All fees collected for registrations prior to | 15 |
| July 1, 2003, shall be deposited
into the Lobbyist Registration | 16 |
| Administration Fund for administration and
enforcement of this | 17 |
| Act. Beginning July 1, 2003, all persons other than
entities | 18 |
| qualified under Section 501(c)(3) of the Internal Revenue Code
| 19 |
| required to register under this Act shall remit a single, | 20 |
| annual, and
nonrefundable $350 registration fee. Entities | 21 |
| required to register under this
Act
which are qualified under | 22 |
| Section 501(c)(3) of the Internal Revenue Code shall
remit a | 23 |
| single, annual,
and nonrefundable $150 registration fee. Each | 24 |
| individual required to register
under this Act shall submit, on | 25 |
| an annual basis, a picture of the registrant. A registrant may, | 26 |
| in lieu of submitting a
picture on an annual basis, authorize |
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| the Secretary of State to use any photo
identification | 2 |
| available in any database maintained by the Secretary of State
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| for other purposes. Of each registration fee collected for | 4 |
| registrations on
or after July 1, 2003, $50 shall be deposited | 5 |
| into the Lobbyist
Registration Administration Fund for | 6 |
| administration and enforcement
of this
Act and is intended to | 7 |
| be used to implement and maintain
electronic
filing of
reports | 8 |
| under this Act, the next
$100 shall be deposited into the | 9 |
| Lobbyist
Registration Administration Fund for administration | 10 |
| and enforcement of this
Act, and any balance shall be deposited | 11 |
| into the General Revenue Fund.
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| (Source: P.A. 93-32, eff. 7-1-03; 93-615, eff. 11-19-03; | 13 |
| 93-617, eff. 12-9-03.)
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| (25 ILCS 170/6) (from Ch. 63, par. 176)
| 15 |
| Sec. 6. Reports.
| 16 |
| (a) Lobbyist reports. Except as otherwise provided in this | 17 |
| Section, every lobbyist registered under this Act who is solely | 18 |
| employed by a lobbying entity
person required to
register as | 19 |
| prescribed in Section 3 shall file an affirmation
report , | 20 |
| verified under
oath pursuant to Section 1-109 of the Code of | 21 |
| Civil Procedure, with
to the
Secretary of
State attesting to | 22 |
| the accuracy of any reports filed pursuant to subsection (b) as | 23 |
| those reports pertain to work performed by the lobbyist. Any | 24 |
| lobbyist registered under this Act who is not solely employed | 25 |
| by a lobbying entity shall personally file reports required of |
|
|
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| 1 |
| lobbying entities pursuant to subsection (b). A lobbyist may, | 2 |
| if authorized so to do by a lobbying entity by whom he or she is | 3 |
| employed or retained, file lobbying entity reports pursuant to | 4 |
| section (b) provided that the lobbying entity may delegate the | 5 |
| filing of the lobbying entity report to only one lobbyist in | 6 |
| any reporting period
all expenditures for lobbying made or | 7 |
| incurred by the lobbyist on his
behalf or the behalf of his | 8 |
| employer. In the case where an individual is
solely employed by | 9 |
| another person to perform job related functions any part of
| 10 |
| which includes lobbying, the employer shall be responsible for | 11 |
| reporting all
lobbying expenditures incurred on the employer's | 12 |
| behalf as shall be identified
by the lobbyist to the employer | 13 |
| preceding such report. Persons who contract
with another person | 14 |
| to perform lobbying activities shall be responsible for
| 15 |
| reporting all lobbying expenditures incurred on the employer's | 16 |
| behalf. Any
additional lobbying expenses incurred by the | 17 |
| employer which are separate and
apart from those incurred by | 18 |
| the contractual employee shall be reported by the
employer .
| 19 |
| (b) Lobbying entity reports. Except as otherwise provided | 20 |
| in this Section, every lobbying entity registered under this | 21 |
| Act shall report all revenues and expenditures related to | 22 |
| lobbying. The report shall itemize each individual expenditure | 23 |
| or transaction
over
$75, shall include an aggregate total for | 24 |
| all non-itemized expenditures or transactions,
$100 and shall | 25 |
| include the name of the official on whose behalf the
| 26 |
| expenditure
was made, the name of the client on whose behalf |
|
|
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| 1 |
| the expenditure was made, the
total amount of the expenditure, | 2 |
| a description of the expenditure, the address and location of | 3 |
| the expenditure if the expenditure was for an intangible item | 4 |
| such as lodging, the date on which the expenditure occurred and
| 5 |
| the subject matter of the lobbying activity, if any.
| 6 |
| The report shall include the names and addresses of all | 7 |
| clients who retained the lobbying entity together with an | 8 |
| itemized description for each client of the following: (1) | 9 |
| lobbying regarding executive action, including the name of any | 10 |
| agency lobbied, the names of any officials lobbied, the | 11 |
| specific subject matter discussed with each agency or official, | 12 |
| and the total amount billed to the client, together with | 13 |
| subtotals for professional services and reimbursements; (2) | 14 |
| lobbying regarding legislative action, including the names of | 15 |
| any officials lobbied, the specific subject matter discussed, | 16 |
| including bill numbers when available, and the total amount | 17 |
| billed to the client, together with subtotals for professional | 18 |
| services and reimbursements; and (3) lobbying regarding | 19 |
| administrative action, including the specific subject matter | 20 |
| and the total billed to the client, including subtotals for | 21 |
| professional services and reimbursements. Registrants who made | 22 |
| no reportable expenditures during a reporting period shall file | 23 |
| a report stating that no expenditures were incurred.
| 24 |
| Expenditures attributable to lobbying officials shall be | 25 |
| listed and reported
according to the following categories:
| 26 |
| (1) travel and lodging on behalf of others.
|
|
|
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| 1 |
| (2) meals, beverages and other entertainment.
| 2 |
| (3) gifts (indicating which, if any, are on the basis | 3 |
| of personal friendship) .
| 4 |
| (4) honoraria.
| 5 |
| (5) any other thing or service of value not listed | 6 |
| under categories (1) through (4), setting forth a | 7 |
| description of the expenditure.
The category travel and | 8 |
| lodging includes, but is not limited to, all travel and | 9 |
| living accommodations made for or on behalf of State | 10 |
| officials in the State capital during sessions of the | 11 |
| General Assembly.
| 12 |
| Individual expenditures required to be reported as | 13 |
| described herein which
are
equal to or less than $100 in value | 14 |
| need not be itemized but are required to be
categorized and | 15 |
| reported by officials in an aggregate total in a manner
| 16 |
| prescribed by rule of the Secretary of State.
| 17 |
| (b-3) Expenditures incurred for hosting receptions, | 18 |
| benefits and other large
gatherings held for purposes of | 19 |
| goodwill or otherwise to influence executive,
legislative or | 20 |
| administrative action to which there are 25 or more State
| 21 |
| officials invited shall be reported listing only the total | 22 |
| amount of
the
expenditure, the date of the event, and the | 23 |
| estimated number of officials in
attendance.
| 24 |
| (b-5) Each individual expenditure required to be reported | 25 |
| shall include all
expenses made for or on behalf of State | 26 |
| officials and their immediate family members of the immediate
|
|
|
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| 1 |
| family of those persons .
| 2 |
| The category travel and lodging includes, but is not | 3 |
| limited to, all travel
and living accommodations made for or on | 4 |
| behalf of State officials in the
capital during sessions of the | 5 |
| General Assembly.
| 6 |
| (b-7) Matters excluded from reports. Reasonable and bona | 7 |
| fide expenditures made by the registrant
who is a member of a | 8 |
| legislative or State study commission or committee while
| 9 |
| attending and participating in meetings and hearings of such | 10 |
| commission or
committee need not be reported.
| 11 |
| Reasonable and bona fide expenditures made by the | 12 |
| registrant for personal
sustenance, lodging, travel, office | 13 |
| expenses and clerical or support staff
need not be reported.
| 14 |
| Salaries , fees, and other compensation paid to a lobbyist
| 15 |
| the registrant
for the
purposes of lobbying
need not be
| 16 |
| reported , but total billings by lobbying entities or, if the | 17 |
| lobbyist was personally employed by more than one lobbying | 18 |
| entity, to clients shall be included in the report. | 19 |
| Expenditures made for activities covered in items (1) through | 20 |
| (10) of Section 3(a) may be excluded from the report .
| 21 |
| Any contributions required to be reported under Article 9 | 22 |
| of the Election
Code need not be reported.
| 23 |
| The report shall include: (1) the name of each State | 24 |
| government
entity lobbied; (2) whether the lobbying involved | 25 |
| executive, legislative, or
administrative action, or a | 26 |
| combination; (3) the names of the persons who
performed the |
|
|
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| 1 |
| lobbyist services; and (4) a brief description of the
| 2 |
| legislative, executive, or administrative action involved.
| 3 |
| Except as otherwise provided in this subsection, gifts and | 4 |
| honoraria
returned or reimbursed to the registrant within 30 | 5 |
| days of the date of
receipt shall not be reported.
| 6 |
| A gift or honorarium returned or reimbursed to the | 7 |
| registrant within 10
days after the official receives a copy of | 8 |
| a report pursuant to Section 6.5
shall not be included in the | 9 |
| final report unless the registrant informed the
official, | 10 |
| contemporaneously with the receipt of the gift or honorarium, | 11 |
| that
the gift or honorarium is a reportable expenditure | 12 |
| pursuant to this Act.
| 13 |
| (c) Reports under this Section shall be filed by July 31, | 14 |
| for expenditures
from the previous January 1 through the later | 15 |
| of June 30 or the final day of
the regular General Assembly | 16 |
| session, and by January 31, for expenditures from
the entire | 17 |
| previous calendar year.
| 18 |
| Registrants who made no reportable expenditures during a | 19 |
| reporting period
shall file a report stating that no | 20 |
| expenditures were incurred. Such reports
shall be filed in | 21 |
| accordance with the deadlines as prescribed in this
subsection.
| 22 |
| A registrant who terminates employment or duties which | 23 |
| required him to
register under this Act shall give the | 24 |
| Secretary of State, within 30 days after
the date of such | 25 |
| termination, written notice of such termination and shall
| 26 |
| include therewith a report of the revenues and expenditures |
|
|
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| 1 |
| described herein, covering the
period of time since the filing | 2 |
| of his last report to the date of termination
of employment. | 3 |
| Such notice and report shall be final and relieve such
| 4 |
| registrant of further reporting under this Act, unless and | 5 |
| until he later takes
employment or assumes duties requiring him | 6 |
| to again register under this Act.
| 7 |
| (d) Failure to file any such report within the time | 8 |
| designated or the
reporting of incomplete information shall | 9 |
| constitute a violation of this Act.
| 10 |
| A registrant shall preserve for a period of 2 years all | 11 |
| receipts and records
used in preparing reports under this Act.
| 12 |
| (e) Within 30 days after a filing deadline, the lobbyist | 13 |
| shall notify each
official on whose behalf an expenditure has | 14 |
| been reported. Notification shall
include the name of the | 15 |
| registrant, the total amount of the expenditure, a description | 16 |
| of the expenditure, the
date on which the expenditure occurred, | 17 |
| and the subject matter of the lobbying
activity.
| 18 |
| (f) Lobbyist and lobbying entity reports shall be filed by | 19 |
| July 31, for the period January 1 through June 30 immediately | 20 |
| preceding, and by January 31 for the period July 1 through | 21 |
| December 31 immediately preceding. A report filed under this | 22 |
| Act is due in the Office of the Secretary of State no later | 23 |
| than the close of business on the date on which it is required | 24 |
| to be filed. | 25 |
| (g) All reports filed under this Act shall be filed in a | 26 |
| format or on forms prescribed by the Secretary of State.
|
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| 1 |
| (Source: P.A. 93-244, eff. 1-1-04; 93-615, eff. 11-19-03.)
| 2 |
| (25 ILCS 170/6.5)
| 3 |
| Sec. 6.5. Disposition of gifts
Response to report by | 4 |
| official .
| 5 |
| (a) Every person required to register as prescribed in | 6 |
| Section 3 and
required to file a report with the Secretary of | 7 |
| State as prescribed in Section
6 shall, at least 25 days before | 8 |
| filing the report,
provide a
copy of the report to each | 9 |
| official listed in the report by first class mail or
hand | 10 |
| delivery. An official may, within 10 days after receiving the | 11 |
| copy of the
report, provide written objections to the report by | 12 |
| first class mail or hand
delivery to the person required to | 13 |
| file the report. If those written
objections conflict with the | 14 |
| final report that is filed, the written objections
shall be | 15 |
| filed along with the report.
| 16 |
| (b) If an official who receives a gift from a lobbyist or | 17 |
| lobbying entity returned the gift, reimbursed the giver for the | 18 |
| gift, donated the gift to charity, or otherwise surrendered | 19 |
| possession of the gift to a person or entity outside of his or | 20 |
| her household, then the official shall return a copy of the | 21 |
| report supplied to the official under Section 6 to the | 22 |
| Secretary of State indicating the disposition of the gift. | 23 |
| Reports filed pursuant to this Section shall be filed with the | 24 |
| Secretary of State by September 1, for gifts received during | 25 |
| the period January 1 through June 30 immediately preceding, or |
|
|
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| 1 |
| by March 1, for gifts received during the period July 1 to | 2 |
| December 31 immediately preceding. Reports filed pursuant to | 3 |
| this Section shall not be admissible as evidence of a violation | 4 |
| of Article 10 of the State Officials and Employees Ethics Act, | 5 |
| provided that the gifts were disposed of in accordance with | 6 |
| Section 10-30 of the State Officials and Employees Ethics Act. | 7 |
| (c) Failure to provide a copy of the report to an official | 8 |
| listed in the
report within the time designated in this Section | 9 |
| is a violation of this
Act.
| 10 |
| (Source: P.A. 93-244, eff. 1-1-04; 93-615, eff. 11-19-03.)
| 11 |
| (25 ILCS 170/7) (from Ch. 63, par. 177)
| 12 |
| Sec. 7. Duties of the Secretary of State.
| 13 |
| (a) It shall be the duty of the Secretary of State to | 14 |
| provide appropriate
forms for the registration and reporting of | 15 |
| information required by this
Act and to keep such registrations | 16 |
| and reports on file in his office for 3
years from the date of | 17 |
| filing. He shall also provide and maintain a
register with | 18 |
| appropriate blanks and indexes so that the information
required | 19 |
| in Sections 5 and 6 of this Act may be accordingly entered. | 20 |
| Such
records shall be considered public information and open to | 21 |
| public
inspection.
| 22 |
| A report filed under this Act is due in the Office of the | 23 |
| Secretary of
State no later than the close of business on the | 24 |
| date on which it is required
to be filed.
| 25 |
| (b) Within 10 days after a filing deadline, the Secretary |
|
|
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|
| 1 |
| of State shall notify
persons he determines are required to | 2 |
| file but have failed to do so.
| 3 |
| (c) The Secretary of State shall provide adequate software | 4 |
| to the persons required to file under this Act, and all | 5 |
| registrations, reports, statements, and amendments required to | 6 |
| be filed shall be filed electronically.
Not later than 12 | 7 |
| months after the effective date of this amendatory
Act of the | 8 |
| 93rd General Assembly, or as soon thereafter as the Secretary | 9 |
| of
State has provided adequate software to the persons required | 10 |
| to file, all
reports required under this Act shall be filed | 11 |
| electronically. The Secretary of
State shall promptly make all | 12 |
| filed reports publicly available by means of a
searchable | 13 |
| database that is accessible through the World Wide Web. The
| 14 |
| Secretary of State shall provide all software necessary to | 15 |
| comply with this
provision to all persons required to file. The | 16 |
| Secretary of State shall
implement a plan to provide computer | 17 |
| access and assistance to persons
required to file | 18 |
| electronically.
| 19 |
| (d) Not later than 12 months after the effective date of | 20 |
| this amendatory Act of
the 93rd General Assembly, the Secretary | 21 |
| of State shall include registrants'
pictures when publishing
or | 22 |
| posting on his or her website the information required in | 23 |
| Section 5.
| 24 |
| (e) The Secretary of State shall receive and investigate | 25 |
| allegations of violations of this Act. Any employee of the | 26 |
| Secretary of State who receives an allegation shall immediately |
|
|
|
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LRB096 04769 JAM 14833 b |
|
| 1 |
| transmit it to the Secretary of State or the Secretary's | 2 |
| designee.
| 3 |
| (Source: P.A. 93-615, eff. 11-19-03.)
| 4 |
| (25 ILCS 170/10) (from Ch. 63, par. 180)
| 5 |
| Sec. 10. Penalties.
| 6 |
| (a) The Secretary of State may assess penalties for any | 7 |
| violation of this Act, which may be appealed to a circuit court | 8 |
| with jurisdiction where the alleged violation occurred, where | 9 |
| the lobbyist resides, or where the lobbying entity is located. | 10 |
| Penalties are as follows: | 11 |
| (1) Any person who or entity that fails to register as | 12 |
| a lobbyist or lobbying entity as required by Section 3 | 13 |
| shall be fined up to $100 per day for each day or portion | 14 |
| of a day that the registration is late or the person or | 15 |
| entity is unregistered. Any person who or entity that | 16 |
| willfully fails to register may be fined up to $500 for | 17 |
| each day or portion of a day that the registration is late. | 18 |
| In determining the appropriate fine for each violation, the | 19 |
| Secretary of State shall consider the scope of the entire | 20 |
| lobbying project, the nature of activities conducted | 21 |
| during the time the person or entity was in violation of | 22 |
| this Act, and whether the failure to register was willful | 23 |
| or knowing. | 24 |
| (2) Any unit of local government or school district | 25 |
| required to file under Section 3.5 may be fined up to $100 |
|
|
|
HB0736 |
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LRB096 04769 JAM 14833 b |
|
| 1 |
| per day for a late filing. | 2 |
| (3) Any person who or entity that fails to file a | 3 |
| report required by Section 6 shall be assessed a penalty of | 4 |
| not more than $10,000. | 5 |
| (4) Any person who or entity that fails to file a | 6 |
| report required by Section 6.5 shall be assessed a penalty | 7 |
| of not more than $100 per day or portion of a day that a | 8 |
| report is late Any person who violates any of the | 9 |
| provisions of this Act shall be
guilty of a business | 10 |
| offense and shall be fined not more than $10,000 .
| 11 |
| (b) In addition to the penalties provided for in subsection | 12 |
| (a)
of this Section, if the Secretary of State determines that | 13 |
| any entity or person violated this Act in a willful manner or | 14 |
| has committed 3 or more violations in any 2-year period, then | 15 |
| that entity or person may be prohibited from lobbying for a | 16 |
| term not to exceed 3 years. any person convicted of any | 17 |
| violation of any provision of
this Act is prohibited for a | 18 |
| period of three years from the date of such
conviction from | 19 |
| lobbying.
| 20 |
| (c) There is created in the State treasury a special fund | 21 |
| to be known as
the Lobbyist Registration Administration Fund. | 22 |
| All fines collected in the
enforcement of this Section shall be | 23 |
| deposited into the Fund. These funds
shall, subject to | 24 |
| appropriation, be used by the Office of the Secretary of
State | 25 |
| for implementation and administration of this Act.
| 26 |
| (Source: P.A. 88-187 .)
|
|
|
|
HB0736 |
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LRB096 04769 JAM 14833 b |
|
| 1 |
| (25 ILCS 170/10.5 new)
| 2 |
| Sec. 10.5. Enforcement. The Secretary of State or his or | 3 |
| her designee shall investigate possible violations of this Act. | 4 |
| If the Secretary determines that a violation has occurred, the | 5 |
| Secretary shall make the determination, together with any | 6 |
| relevant evidence, available to the public and take such steps | 7 |
| to ensure compliance as are deemed necessary, including but not | 8 |
| limited to assessing penalties as set forth in this Act.
| 9 |
| (25 ILCS 170/4 rep.)
| 10 |
| (25 ILCS 170/11 rep.) | 11 |
| Section 20. The Lobbyist Registration Act is amended by | 12 |
| repealing Sections 4 and 11.
|
|