Bill Text: IL HB0323 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: 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 officials or State employees 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 a Class A misdemeanor with a fine equal to 5 times the total compensation earned in violation of this Section.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2017-03-31 - Rule 19(a) / Re-referred to Rules Committee [HB0323 Detail]

Download: Illinois-2017-HB0323-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0323

Introduced , 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

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 officials or State employees 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 a Class A misdemeanor with a fine equal to 5 times the total compensation earned in violation of this Section.
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CORRECTIONAL BUDGET AND IMPACT 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,
3represented in the General Assembly:
4 Section 5. The Lobbyist Registration Act is amended by
5changing 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
8context otherwise requires:
9 (a) "Person" means any individual, firm, partnership,
10committee, association, corporation, or any other organization
11or group of persons.
12 (b) "Expenditure" means a payment, distribution, loan,
13advance, deposit, or gift of money or anything of value, and
14includes a contract, promise, or agreement, whether or not
15legally enforceable, to make an expenditure, for the ultimate
16purpose of influencing executive, legislative, or
17administrative action, other than compensation as defined in
18subsection (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
10financial benefits received or to be received in return for
11services rendered or to be rendered, for lobbying as defined in
12subsection (e).
13 Monies paid to members of the General Assembly by the State
14as remuneration for performance of their Constitutional and
15statutory duties as members of the General Assembly shall not
16constitute compensation as defined by this Act.
17 (e) "Lobby" and "lobbying" means any communication with an
18official or employee of the executive or legislative branch of
19any body of State government within the State of Illinois,
20including but not limited to the General Assembly and any unit
21of local government, as defined in subsection (c) for the
22ultimate purpose of influencing any executive, legislative, or
23administrative action. A home rule unit may not define "lobby"
24or "lobbying" in a manner inconsistent with this definition.
25This subsection is a limitation under subsection (i) of Section
266 of Article VII of the Illinois constitution on the concurrent

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1exercise by home rule units of powers and functions exercised
2by the State.
3 (f) "Influencing" means any communication, action,
4reportable expenditure as prescribed in Section 6 or other
5means used to promote, support, affect, modify, oppose or delay
6any executive, legislative or administrative action or to
7promote goodwill with officials as defined in subsection (c).
8 (g) "Executive action" means the proposal, drafting,
9development, consideration, amendment, adoption, approval,
10promulgation, issuance, modification, rejection or
11postponement by a State entity of a rule, regulation, order,
12decision, determination, contractual arrangement, purchasing
13agreement or other quasi-legislative or quasi-judicial action
14or proceeding.
15 (h) "Legislative action" means the development, drafting,
16introduction, consideration, modification, adoption,
17rejection, review, enactment, or passage or defeat of any bill,
18amendment, resolution, report, nomination, administrative rule
19or other matter by either house of the General Assembly or a
20committee thereof, or by a legislator. Legislative action also
21means the action of the Governor in approving or vetoing any
22bill or portion thereof, and the action of the Governor or any
23agency in the development of a proposal for introduction in the
24legislature.
25 (i) "Administrative action" means the execution or
26rejection of any rule, regulation, legislative rule, standard,

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1fee, rate, contractual arrangement, purchasing agreement or
2other delegated legislative or quasi-legislative action to be
3taken or withheld by any executive agency, department, board or
4commission of the State.
5 (j) "Lobbyist" means any natural person who undertakes to
6lobby State government as provided in subsection (e).
7 (k) "Lobbying entity" means any entity that hires, retains,
8employs, or compensates a natural person to lobby State
9government as provided in subsection (e).
10 (l) "Authorized agent" means the person designated by an
11entity or lobbyist registered under this Act as the person
12responsible for submission and retention of reports required
13under this Act.
14 (m) "Client" means any person or entity that provides
15compensation to a lobbyist to lobby State government as
16provided in subsection (e) of this Section.
17 (n) "Client registrant" means a client who is required to
18register under this Act.
19 (o) "Employee" means (i) any person employed full-time,
20part-time, or pursuant to a contract and whose employment
21duties are subject to the direction and control of an employer
22with regard to the material details of how the work is to be
23performed; (ii) any appointed or elected commissioner,
24trustee, director, or board member of a board of a State
25agency, including any retirement system or investment board
26subject to the Illinois Pension Code; or (iii) any other

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1appointee.
2 (p) "Family member" means those people related to an
3official or State employee as spouse, civil union partner,
4parent, child, stepchild, adopted child, son-in-law,
5daughter-in-law, father-in-law, mother-in-law, brother,
6sister, brother-in-law, sister-in-law, grandparent, grandchild
7or any other person legally related to the official or State
8employee and living at the same address as the official or
9State employee as reflected in records maintained by the
10Secretary of State.
11 (q) "Person with whom the official or State employee
12maintains a close economic association" means a person
13associated with the official or State employee in a
14partnership, association or professional service corporation,
15whether as a partner, officer, employee, associate, or
16otherwise.
17(Source: P.A. 98-459, eff. 1-1-14.)
18 (25 ILCS 170/3) (from Ch. 63, par. 173)
19 Sec. 3. Persons required to register; persons prohibited
20from lobbying.
21 (a) Except as provided in Section 9, any natural person
22who, for compensation or otherwise, undertakes to lobby, or any
23person or entity who employs or compensates another person for
24the purposes of lobbying, shall register with the Secretary of
25State as provided in this Act, unless that person or entity

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1qualifies for one or more of the following exemptions.
2 (1) Persons or entities who, for the purpose of
3 influencing any executive, legislative, or administrative
4 action and who do not make expenditures that are reportable
5 pursuant to Section 6, appear without compensation or
6 promise thereof only as witnesses before committees of the
7 House and Senate for the purpose of explaining or arguing
8 for or against the passage of or action upon any
9 legislation then pending before those committees, or who
10 seek without compensation or promise thereof the approval
11 or veto of any legislation by the Governor.
12 (1.4) A unit of local government or a school district.
13 (1.5) An elected or appointed official or an employee
14 of a unit of local government or school district who, in
15 the scope of his or her public office or employment, seeks
16 to influence executive, legislative, or administrative
17 action exclusively on behalf of that unit of local
18 government or school district.
19 (2) Persons or entities who own, publish, or are
20 employed by a newspaper or other regularly published
21 periodical, or who own or are employed by a radio station,
22 television station, or other bona fide news medium that in
23 the ordinary course of business disseminates news,
24 editorial or other comment, or paid advertisements that
25 directly urge the passage or defeat of legislation. This
26 exemption is not applicable to such an individual insofar

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1 as he or she receives additional compensation or expenses
2 from some source other than the bona fide news medium for
3 the purpose of influencing executive, legislative, or
4 administrative action. This exemption does not apply to
5 newspapers and periodicals owned by or published by trade
6 associations and not-for-profit corporations engaged
7 primarily in endeavors other than dissemination of news.
8 (3) Persons or entities performing professional
9 services in drafting bills or in advising and rendering
10 opinions to clients as to the construction and effect of
11 proposed or pending legislation when those professional
12 services are not otherwise, directly or indirectly,
13 connected with executive, legislative, or administrative
14 action.
15 (4) Persons or entities who are employees of
16 departments, divisions, or agencies of State government
17 and who appear before committees of the House and Senate
18 for the purpose of explaining how the passage of or action
19 upon any legislation then pending before those committees
20 will affect those departments, divisions, or agencies of
21 State government.
22 (5) Employees of the General Assembly, legislators,
23 legislative agencies, and legislative commissions who, in
24 the course of their official duties only, engage in
25 activities that otherwise qualify as lobbying.
26 (6) Persons or entities in possession of technical

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1 skills and knowledge relevant to certain areas of
2 executive, legislative, or administrative actions, whose
3 skills and knowledge would be helpful to officials when
4 considering those actions, whose activities are limited to
5 making occasional appearances for or communicating on
6 behalf of a registrant, and who do not make expenditures
7 that are reportable pursuant to Section 6 even though
8 receiving expense reimbursement for those occasional
9 appearances.
10 (7) Any full-time employee of a bona fide church or
11 religious organization who represents that organization
12 solely for the purpose of protecting the right of the
13 members thereof to practice the religious doctrines of that
14 church or religious organization, or any such bona fide
15 church or religious organization.
16 (8) Persons or entities that receive no compensation
17 other than reimbursement for expenses of up to $500 per
18 year while engaged in lobbying State government, unless
19 those persons make expenditures that are reportable under
20 Section 6.
21 (9) Any attorney or group or firm of attorneys in the
22 course of representing a client in any administrative or
23 judicial proceeding, or any witness providing testimony in
24 any administrative or judicial proceeding, in which ex
25 parte communications are not allowed and who does not make
26 expenditures that are reportable pursuant to Section 6.

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1 (9.5) Any attorney or group or firm of attorneys in the
2 course of representing a client in an administrative or
3 executive action involving a contractual or purchasing
4 arrangement and who does not make expenditures that are
5 reportable pursuant to Section 6.
6 (10) Persons or entities who, in the scope of their
7 employment as a vendor, offer or solicit an official for
8 the purchase of any goods or services when (1) the
9 solicitation is limited to either an oral inquiry or
10 written advertisements and informative literature; or (2)
11 the goods and services are subject to competitive bidding
12 requirements of the Illinois Procurement Code; or (3) the
13 goods and services are for sale at a cost not to exceed
14 $5,000; and (4) the persons or entities do not make
15 expenditures that are reportable under Section 6.
16 (b) It is a violation of this Act to engage in lobbying or
17to employ any person for the purpose of lobbying who is not
18registered with the Office of the Secretary of State, except
19upon condition that the person register and the person does in
20fact register within 2 business days after being employed or
21retained for lobbying services.
22 (c) The Secretary shall promulgate a rule establishing a
23list of the entities required to register under this Act,
24including the name of each board, commission, authority, or
25task force. The Secretary may require a person or entity
26claiming an exemption under this Section to certify the person

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1or entity is not required to register under this Act. Nothing
2prohibits the Secretary from rejecting a certification and
3requiring a person or entity to register.
4 (d) Beginning on the effective date of this amendatory Act
5of the 100th General Assembly, no person who is a family member
6of an official or person with whom an official or State
7employee maintains a close economic association shall engage in
8lobbying for compensation during the official's term of office
9or during the time that the employee is employed by the State
10unless that person qualifies for one of the exemptions listed
11in subsection (a) of this Section.
12(Source: P.A. 96-555, eff. 1-1-10; 96-1358, eff. 7-28-10.)
13 (25 ILCS 170/10) (from Ch. 63, par. 180)
14 Sec. 10. Penalties.
15 (a) Any person who violates any of the provisions of this
16Act shall be guilty of a business offense and shall be fined
17not more than $10,000 for each violation. Every day that a
18report or registration is late shall constitute a separate
19violation. In determining the appropriate fine for each
20violation, the trier of fact shall consider the scope of the
21entire lobbying project, the nature of activities conducted
22during the time the person was in violation of this Act, and
23whether or not the violation was intentional or unreasonable.
24 (b) In addition to the penalties provided for in subsection
25(a) of this Section, any person convicted of any violation of

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1any provision of this Act is prohibited for a period of three
2years from the date of such conviction from lobbying.
3 (c) There is created in the State treasury a special fund
4to be known as the Lobbyist Registration Administration Fund.
5All fines collected in the enforcement of this Section shall be
6deposited into the Fund. These funds shall, subject to
7appropriation, be used by the Office of the Secretary of State
8for implementation and administration of this Act.
9 (d) A violation of subsection (d) of Section 3 of this Act
10is a Class A misdemeanor with a fine equal to 5 times the total
11value of all compensation received in violation of the Section.
12(Source: P.A. 96-555, eff. 1-1-10.)
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