Illinois General Assembly - Full Text of Public Act 093-0244
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Public Act 093-0244


 

Public Act 93-0244 of the 93rd General Assembly


Public Act 93-0244

HB2205 Enrolled                      LRB093 10485 JAM 10739 b

    AN ACT concerning lobbyists.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The Lobbyist Registration Act is amended by
changing Sections 6 and 6.5 as follows:

    (25 ILCS 170/6) (from Ch. 63, par. 176)
    Sec. 6. Reports.
    (a)  Except as otherwise provided in this Section,  every
person  required to register as prescribed in Section 3 shall
report under oath to the Secretary of State all  expenditures
for  lobbying  made or incurred by the lobbyist on his behalf
or the  behalf  of  his  employer.   In  the  case  where  an
individual  is  solely  employed by another person to perform
job related functions any part of  which  includes  lobbying,
the  employer shall be responsible for reporting all lobbying
expenditures incurred on the employer's behalf  as  shall  be
identified  by  the  lobbyist  to the employer preceding such
report.  Persons who contract with another person to  perform
lobbying  activities  shall  be responsible for reporting all
lobbying expenditures incurred on the employer's behalf.  Any
additional  lobbying  expenses incurred by the employer which
are separate and apart from those incurred by the contractual
employee shall be reported by the employer.
    (b)  The report shall itemize each individual expenditure
or transaction over $100 and shall include the  name  of  the
official  on  whose behalf the expenditure was made, the name
of the client on whose behalf the expenditure was  made,  the
total  amount  of  the  expenditure,  the  date  on which the
expenditure occurred and the subject matter of  the  lobbying
activity, if any.
    Expenditures  attributable to lobbying officials shall be
listed and reported according to the following categories:
         (1)  travel and lodging on behalf of others.
         (2)  meals, beverages and other entertainment.
         (3)  gifts.
         (4)  honoraria.
    Individual  expenditures  required  to  be  reported   as
described  herein  which  are  equal  to or less than $100 in
value need not be itemized but are required to be categorized
and reported by officials in an aggregate total in  a  manner
prescribed by rule of the Secretary of State.
    Expenditures  incurred  for  hosting receptions, benefits
and other large gatherings held for purposes of  goodwill  or
otherwise    to    influence    executive,   legislative   or
administrative action to which there are  25  or  more  State
officials  invited  shall  be reported listing only the total
amount of the expenditure, the date of  the  event,  and  the
estimated number of officials in attendance.
    Each individual expenditure required to be reported shall
include all expenses made for or on behalf of State officials
and members of the immediate family of those persons.
    The  category  travel  and  lodging  includes, but is not
limited to, all travel and living accommodations made for  or
on  behalf  of State officials in the capital during sessions
of the General Assembly.
    Reasonable  and  bona  fide  expenditures  made  by   the
registrant  who  is  a member of a legislative or State study
commission or committee while attending and participating  in
meetings  and  hearings  of such commission or committee need
not be reported.
    Reasonable  and  bona  fide  expenditures  made  by   the
registrant  for  personal sustenance, lodging, travel, office
expenses and clerical or support staff need not be reported.
    Salaries,  fees,  and  other  compensation  paid  to  the
registrant for the purposes of lobbying need not be reported.
    Any contributions required to be reported under Article 9
of the Election Code need not be reported.
    Except as otherwise provided in  this  subsection,  gifts
and honoraria returned or reimbursed to the registrant within
30 days of the date of receipt shall need not be reported.
    A  gift  or  honorarium  returned  or  reimbursed  to the
registrant within 10 days after the official receives a  copy
of  a report pursuant to Section 6.5 shall not be included in
the final report unless the registrant informed the official,
contemporaneously with the receipt of the gift or honorarium,
that such gift or  honorarium  is  a  reportable  expenditure
pursuant to this Act.
    (c)  Reports  under  this  Section shall be filed by July
31, for expenditures from the previous January 1 through  the
later  of  June  30  or  the final day of the regular General
Assembly session, and by January 31,  for  expenditures  from
the entire previous calendar year.
    Registrants  who made no reportable expenditures during a
reporting  period  shall  file  a  report  stating  that   no
expenditures  were  incurred.  Such reports shall be filed in
accordance  with  the  deadlines  as   prescribed   in   this
subsection.
    A  registrant  who  terminates employment or duties which
required him to  register  under  this  Act  shall  give  the
Secretary  of  State,  within  30 days after the date of such
termination, written notice of  such  termination  and  shall
include  therewith  a  report  of  the expenditures described
herein, covering the period of time since the filing  of  his
last  report  to  the date of termination of employment. Such
notice and report shall be final and relieve such  registrant
of  further  reporting  under  this  Act, unless and until he
later takes employment or assumes  duties  requiring  him  to
again register under this Act.
    (d)  Failure  to  file  any  such  report within the time
designated or the reporting of incomplete  information  shall
constitute a violation of this Act.
    A  registrant  shall preserve for a period of 2 years all
receipts and records used in  preparing  reports  under  this
Act.
    (e)  Within 30 days after a filing deadline, the lobbyist
shall notify each official on whose behalf an expenditure has
been  reported.   Notification  shall include the name of the
registrant, the total amount of the expenditure, the date  on
which the expenditure occurred, and the subject matter of the
lobbying activity.
(Source: P.A. 90-78, eff. 1-1-98.)

    (25 ILCS 170/6.5)
    Sec. 6.5.  Response to report by official.
    (a)  Every  person  required to register as prescribed in
Section 3 and required to file a report with the Secretary of
State as prescribed in Section 6  shall,  at  least  25  days
before  the deadline for filing the report, provide a copy of
the report to each official listed in  the  report  by  first
class mail or hand delivery.  An official may, within 10 days
after  receiving  the  copy  of  the  report, provide written
objections to the report by first class mail or hand delivery
to the person required to file the report.  If those  written
objections  conflict with the final report that is filed, the
written objections shall be filed along with the report.
    (b)  Failure to provide  a  copy  of  the  report  to  an
official  listed  in the report within the time designated in
this Section is a violation of this Act.
(Source: P.A. 90-737, eff. 1-1-99.)

Effective Date: 01/01/04