Illinois General Assembly - Full Text of HB4811
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Full Text of HB4811  101st General Assembly




State of Illinois
2019 and 2020


Introduced 2/18/2020, by Rep. Blaine Wilhour


5 ILCS 420/2-101  from Ch. 127, par. 602-101
25 ILCS 170/2  from Ch. 63, par. 172

    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.

LRB101 19793 RJF 69304 b





HB4811LRB101 19793 RJF 69304 b

1    AN ACT concerning government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Governmental Ethics Act is amended
5by 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
8term is defined in Section 2 of the Lobbyist Registration Act
9Section 1-109, if he accepts compensation specifically
10attributable to such lobbying, other than that provided by law
11for members of the General Assembly. Nothing in this Section
12prohibits a legislator from lobbying without compensation.
13    A violation of this Section shall constitute a Class A
15(Source: P.A. 77-2830.)
16    Section 10. The Lobbyist Registration Act is amended by
17changing 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
20context otherwise requires:
21    (a) "Person" means any individual, firm, partnership,



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1committee, association, corporation, or any other organization
2or group of persons.
3    (b) "Expenditure" means a payment, distribution, loan,
4advance, deposit, or gift of money or anything of value, and
5includes a contract, promise, or agreement, whether or not
6legally enforceable, to make an expenditure, for the ultimate
7purpose of influencing executive, legislative, or
8administrative action, other than compensation as defined in
9subsection (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
3financial benefits received or to be received in return for
4services rendered or to be rendered, for lobbying as defined in
5subsection (e).
6    Monies paid to members of the General Assembly by the State
7as remuneration for performance of their Constitutional and
8statutory duties as members of the General Assembly shall not
9constitute compensation as defined by this Act.
10    (e) "Lobby" and "lobbying" means any communication with an
11official of the executive or legislative branch of State
12government or a unit of local government as defined in
13subsection (c) for the ultimate purpose of influencing any
14executive, legislative, or administrative action, including,
15but not limited to, such actions as: (i) zoning matters; (ii)
16the introduction, passage, or other action to be taken on
17legislation, ordinance, resolution, motion, order,
18appointment, or other matter before an elected governing body;
19(iii) preparation of contract specifications; (iv)
20solicitation, award, or administration of a contract; (v) the
21award of a grant, loan, or other financial agreement involving
22public funds; (vi) procurement; (vii) bond inducement; and
23(viii) the granting of concessions. A person is not deemed to
24have undertaken to influence under this Section solely by
25submitting an application for a government permit or license or
26by responding to a government request for proposals or



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2    (f) "Influencing" means any communication, action,
3reportable expenditure as prescribed in Section 6 or other
4means used to promote, support, affect, modify, oppose or delay
5any executive, legislative or administrative action or to
6promote goodwill with officials as defined in subsection (c).
7    (g) "Executive action" means the proposal, drafting,
8development, consideration, amendment, adoption, approval,
9promulgation, issuance, modification, rejection or
10postponement by a State entity of a rule, regulation, order,
11decision, determination, contractual arrangement, purchasing
12agreement or other quasi-legislative or quasi-judicial action
13or proceeding.
14    (h) "Legislative action" means the development, drafting,
15introduction, consideration, modification, adoption,
16rejection, review, enactment, or passage or defeat of any bill,
17amendment, resolution, report, nomination, administrative rule
18or other matter by either house of the General Assembly or a
19committee thereof, or by a legislator. Legislative action also
20means the action of the Governor in approving or vetoing any
21bill or portion thereof, and the action of the Governor or any
22agency in the development of a proposal for introduction in the
24    (i) "Administrative action" means the execution or
25rejection of any rule, regulation, legislative rule, standard,
26fee, rate, contractual arrangement, purchasing agreement or



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1other delegated legislative or quasi-legislative action to be
2taken or withheld by any executive agency, department, board or
3commission of the State.
4    (j) "Lobbyist" means any natural person who, on behalf of
5any person other than himself or herself, or as any part of his
6or her duties as an employee of another, undertakes to
7influence or lobby for any executive, legislative, or
8administrative action for State government or a unit of local
9government. "Lobbyist" shall include, but not be limited to,
10any attorney, accountant, or consultant engaged in the
11activities described in this subsection (j); provided,
12however, that an attorney shall not be considered a lobbyist
13while representing clients in a formal adversarial hearing
14undertakes to lobby State government as provided in subsection
16    (k) "Lobbying entity" means any entity that hires, retains,
17employs, or compensates a natural person to lobby State
18government as provided in subsection (e).
19    (l) "Authorized agent" means the person designated by an
20entity or lobbyist registered under this Act as the person
21responsible for submission and retention of reports required
22under this Act.
23    (m) "Client" means any person or entity that provides
24compensation to a lobbyist to lobby State government as
25provided in subsection (e) of this Section.
26    (n) "Client registrant" means a client who is required to



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1register under this Act.
2    (o) "Unit of local government" has the meaning ascribed to
3it in Section 1 of Article VII of the Illinois Constitution and
4also includes school districts and community college
6(Source: P.A. 101-595, eff. 12-5-19.)