Bill Amendment: IL SB1639 | 2019-2020 | 101st General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: LOBBYIST-DISCLOSURE-DATABASE
Status: 2019-12-05 - Public Act . . . . . . . . . 101-0595 [SB1639 Detail]
Download: Illinois-2019-SB1639-House_Amendment_003.html
Bill Title: LOBBYIST-DISCLOSURE-DATABASE
Status: 2019-12-05 - Public Act . . . . . . . . . 101-0595 [SB1639 Detail]
Download: Illinois-2019-SB1639-House_Amendment_003.html
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1 | AMENDMENT TO SENATE BILL 1639
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2 | AMENDMENT NO. ______. Amend Senate Bill 1639 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Lobbyist Registration Act is amended by | ||||||
5 | changing Sections 2, 5, and 7 as follows:
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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 |
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1 | administrative
action, other than compensation as defined in | ||||||
2 | subsection (d). | ||||||
3 | (c) "Official" means: | ||||||
4 | (1) the Governor, Lieutenant Governor, Secretary of | ||||||
5 | State, Attorney
General, State Treasurer, and State | ||||||
6 | Comptroller; | ||||||
7 | (2) Chiefs of Staff for officials described in item | ||||||
8 | (1); | ||||||
9 | (3) Cabinet members of any elected constitutional | ||||||
10 | officer, including
Directors, Assistant Directors and | ||||||
11 | Chief Legal Counsel or General Counsel; | ||||||
12 | (4) Members of the General Assembly; and | ||||||
13 | (5) Members of any board, commission, authority, or | ||||||
14 | task force of the State authorized or created by State law | ||||||
15 | or by executive order of the Governor. | ||||||
16 | (d) "Compensation" means any money, thing of value or | ||||||
17 | financial benefits
received or to be received in return for | ||||||
18 | services rendered or to be
rendered, for lobbying as defined in | ||||||
19 | subsection (e). | ||||||
20 | Monies paid to members of the General Assembly by the State | ||||||
21 | as
remuneration for performance of their Constitutional and | ||||||
22 | statutory duties
as members of the General Assembly shall not | ||||||
23 | constitute compensation as
defined by this Act. | ||||||
24 | (e) "Lobby" and "lobbying"
means any communication with an | ||||||
25 | official of the
executive or legislative branch of State | ||||||
26 | government as defined in subsection
(c) for the ultimate |
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1 | purpose of influencing any executive, legislative, or
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2 | administrative action. | ||||||
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
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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
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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).
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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) "Client" means any person or entity that provides | ||||||
15 | compensation to a lobbyist to lobby State government as | ||||||
16 | provided in subsection (e) of this Section. | ||||||
17 | (n) "Client registrant" means a client who is required to | ||||||
18 | register under this Act. | ||||||
19 | (o) "Unit of local government" has the meaning ascribed to | ||||||
20 | it in Section 1 of Article VII of the Illinois Constitution and | ||||||
21 | also includes school districts and community college | ||||||
22 | districts. | ||||||
23 | (Source: P.A. 98-459, eff. 1-1-14.)
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24 | (25 ILCS 170/5) | ||||||
25 | Sec. 5. Lobbyist registration and disclosure. Every |
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1 | natural person and every entity required to
register under this | ||||||
2 | Act shall
before any service
is performed which requires the | ||||||
3 | natural person or entity to register, but in any event not
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4 | later than 2 business days after being employed or retained, | ||||||
5 | file in the Office of the
Secretary of State a statement in a | ||||||
6 | format prescribed by the Secretary of State containing the
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7 | following
information
with respect to each person or entity
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8 | employing, retaining, or benefitting from the services of the | ||||||
9 | natural person or entity required to register:
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10 | (a) The registrant's name, permanent address, e-mail
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11 | address, if any,
fax
number, if any, business telephone | ||||||
12 | number, and temporary address, if the
registrant has a | ||||||
13 | temporary address while lobbying.
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14 | (a-5) If the registrant is an entity, the
information | ||||||
15 | required under subsection (a) for each natural person | ||||||
16 | associated with the
registrant who will be lobbying,
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17 | regardless of whether lobbying is a significant part of his | ||||||
18 | or her duties.
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19 | (b) The name and address of the client or clients | ||||||
20 | employing or retaining
the registrant to perform such | ||||||
21 | services or on whose behalf the registrant appears.
If the | ||||||
22 | client employing or retaining the registrant is a client | ||||||
23 | registrant, the statement shall also include the name and | ||||||
24 | address of the client or clients of the client registrant | ||||||
25 | on whose behalf the registrant will be or anticipates | ||||||
26 | performing services. |
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1 | (b-5) If the registrant employs or retains a | ||||||
2 | sub-registrant, the statement shall include the name and | ||||||
3 | address of the sub-registrant and identify the client or | ||||||
4 | clients of the registrant on whose behalf the | ||||||
5 | sub-registrant will be or is anticipated to be performing | ||||||
6 | services. | ||||||
7 | (c) A brief description of the executive, legislative, | ||||||
8 | or administrative
action in reference to which such service | ||||||
9 | is to be rendered.
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10 | (c-5) Each executive and legislative branch agency the | ||||||
11 | registrant
expects
to lobby during the registration | ||||||
12 | period.
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13 | (c-6) The nature of the client's business, by | ||||||
14 | indicating all
of the following categories that apply: (1) | ||||||
15 | banking and financial services, (2)
manufacturing, (3) | ||||||
16 | education, (4) environment, (5) healthcare, (6)
insurance, | ||||||
17 | (7) community interests, (8) labor, (9) public relations or
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18 | advertising, (10) marketing or sales, (11) hospitality, | ||||||
19 | (12) engineering,
(13) information or technology products | ||||||
20 | or services, (14) social services,
(15) public utilities, | ||||||
21 | (16) racing or wagering, (17) real estate or
construction, | ||||||
22 | (18) telecommunications, (19) trade or professional
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23 | association, (20) travel or tourism, (21) transportation, | ||||||
24 | (22) agriculture, and (23) other
(setting forth the nature | ||||||
25 | of that other business).
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26 | (d) A confirmation that the registrant has a sexual |
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1 | harassment policy as required by Section 4.7, that such | ||||||
2 | policy shall be made available to any individual within 2 | ||||||
3 | business days upon written request (including electronic | ||||||
4 | requests), that any person may contact the authorized agent | ||||||
5 | of the registrant to report allegations of sexual | ||||||
6 | harassment, and that the registrant recognizes the | ||||||
7 | Inspector General has jurisdiction to review any | ||||||
8 | allegations of sexual harassment alleged against the | ||||||
9 | registrant or lobbyists hired by the registrant. | ||||||
10 | (e) Each unit of local government in this State for | ||||||
11 | which the registrant is or expects to be required to | ||||||
12 | register to lobby the local government during the | ||||||
13 | registration period. "Lobby" shall have the meaning | ||||||
14 | ascribed to it by the relevant unit of local government. | ||||||
15 | (f) Each elected or appointed public office in this | ||||||
16 | State to be held by the registrant at any time during the | ||||||
17 | registration period. | ||||||
18 | Every natural person and every entity required to register | ||||||
19 | under this Act shall annually submit the registration required | ||||||
20 | by this Section on or before each January 31. The registrant | ||||||
21 | has a continuing duty to report any substantial change or | ||||||
22 | addition to the information contained in the registration.
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23 | Registrants registered as of the effective date of this | ||||||
24 | amendatory Act of the 101st General Assembly shall update their | ||||||
25 | registration to add the information required under subsections | ||||||
26 | (b-5), (e), and (f), if applicable, within 30 days after the |
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1 | effective date of this amendatory Act of the 101st General | ||||||
2 | Assembly. | ||||||
3 | The Secretary of State shall make all filed statements and | ||||||
4 | amendments to statements publicly available by means of a | ||||||
5 | searchable database that is accessible through the World Wide | ||||||
6 | Web. The Secretary of State shall provide all software | ||||||
7 | necessary to comply with this provision to all natural persons | ||||||
8 | and entities required to file. The Secretary of State shall | ||||||
9 | implement a plan to provide computer access and assistance to | ||||||
10 | natural persons and entities required to file electronically. | ||||||
11 | All natural persons
and entities required to register under | ||||||
12 | this Act shall remit a single, annual, and
nonrefundable $300 | ||||||
13 | registration fee. Each natural person required to register
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14 | under this Act shall submit, on an annual basis, a picture of | ||||||
15 | the registrant. A registrant may, in lieu of submitting a
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16 | picture on an annual basis, authorize the Secretary of State to | ||||||
17 | use any photo
identification available in any database | ||||||
18 | maintained by the Secretary of State
for other purposes. Each | ||||||
19 | registration fee collected for registrations on
or after | ||||||
20 | January 1, 2010 shall be deposited into the Lobbyist
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21 | Registration Administration Fund for administration and | ||||||
22 | enforcement
of this
Act.
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23 | (Source: P.A. 100-554, eff. 11-16-17.)
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24 | (25 ILCS 170/7) (from Ch. 63, par. 177) | ||||||
25 | Sec. 7. Duties of the Secretary of State.
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1 | (a) It shall be the duty of the Secretary of State to | ||||||
2 | provide appropriate
forms for the registration and reporting of | ||||||
3 | information required by this
Act and to keep such registrations | ||||||
4 | and reports on file in his office for 3
years from the date of | ||||||
5 | filing. He shall also provide and maintain a
register with | ||||||
6 | appropriate blanks and indexes so that the information
required | ||||||
7 | in Sections 5 and 6 of this Act may be accordingly entered. | ||||||
8 | Such
records shall be considered public information and open to | ||||||
9 | public
inspection.
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10 | (b) Within 5 business days after a filing deadline, the | ||||||
11 | Secretary of State shall notify
persons he determines are | ||||||
12 | required to file but have failed to do so.
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13 | (c) The Secretary of State shall provide adequate software | ||||||
14 | to the persons required to file under this Act, and all | ||||||
15 | registrations, reports, statements, and amendments required to | ||||||
16 | be filed shall be filed electronically.
The Secretary of
State | ||||||
17 | shall promptly make all filed reports publicly available by | ||||||
18 | means of a
searchable database that is accessible through the | ||||||
19 | World Wide Web. The
Secretary of State shall provide all | ||||||
20 | software necessary to comply with this
provision to all persons | ||||||
21 | required to file. The Secretary of State shall
implement a plan | ||||||
22 | to provide computer access and assistance to persons
required | ||||||
23 | to file electronically. | ||||||
24 | (d) The Secretary of State shall include registrants'
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25 | pictures when publishing
or posting on his or her website the | ||||||
26 | information required in Section 5.
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1 | (d-5) Within 90 days after the effective date of this | ||||||
2 | amendatory Act of the 101st General Assembly, the Secretary of | ||||||
3 | State shall create a publicly accessible and searchable | ||||||
4 | database bringing together disclosures by registered lobbyists | ||||||
5 | under this Act, contributions by registered lobbyists required | ||||||
6 | to be disclosed under the Election Code, and statements of | ||||||
7 | economic interests required to be filed by State officials and | ||||||
8 | employees under the Illinois Governmental Ethics Act. | ||||||
9 | (e) The Secretary of State shall receive and investigate | ||||||
10 | allegations of violations of this Act. Any employee of the | ||||||
11 | Secretary of State who receives an allegation shall immediately | ||||||
12 | transmit it to the Secretary of State Inspector General.
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13 | (Source: P.A. 96-555, eff. 1-1-10; 96-1358, eff. 7-28-10.)
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14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 | becoming law.".
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