Bill Text: IL HB0736 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: 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.

Sponsorship: Slight Partisan Bill (Democrat 5-3)

Status: (Introduced - Dead) 2009-05-26 - Added Co-Sponsor Rep. Sandra M. Pihos [HB0736 Detail]

Download: Illinois-2009-HB0736-Introduced.html

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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:
5 ILCS 430/5-47 new
5 ILCS 430/50-5
25 ILCS 160/3 new
25 ILCS 170/2 from Ch. 63, par. 172
25 ILCS 170/3 from Ch. 63, par. 173
25 ILCS 170/3.5 new
25 ILCS 170/5
25 ILCS 170/6 from Ch. 63, par. 176
25 ILCS 170/6.5
25 ILCS 170/7 from Ch. 63, par. 177
25 ILCS 170/10 from Ch. 63, par. 180
25 ILCS 170/10.5 new
25 ILCS 170/4 rep.
25 ILCS 170/11 rep.
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
A BILL FOR
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AN ACT concerning ethics.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The State Officials and Employees Ethics Act is
amended by adding Section 5-47 and by changing Section 50-5 as
follows:
(5 ILCS 430/5-47 new)
Sec. 5-47. Lobbying; revolving door. No State employee may
accept compensation or other employment as a lobbyist
representing clients before any State agency for which the
employee worked for one year from the date the employee left
that agency.
(5 ILCS 430/50-5)
Sec. 50-5. Penalties.
(a) A person is guilty of a Class A misdemeanor if that
person intentionally violates any provision of Section 5-15,
5-30, 5-40, or 5-45, or 5-47 or Article 15.
(b) A person who intentionally violates any provision of
Section 5-20, 5-35, 5-50, or 5-55 is guilty of a business
offense subject to a fine of at least $1,001 and up to $5,000.
(c) A person who intentionally violates any provision of
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.
(d) Any person who intentionally makes a false report
alleging a violation of any provision of this Act to an ethics
commission, an inspector general, the State Police, a State's
Attorney, the Attorney General, or any other law enforcement
official is guilty of a Class A misdemeanor.
(e) An ethics commission may levy an administrative fine of
up to $5,000 against any person who violates this Act, who
intentionally obstructs or interferes with an investigation
conducted under this Act by an inspector general, or who
intentionally makes a false, frivolous, or bad faith
allegation.
(f) In addition to any other penalty that may apply,
whether criminal or civil, a State employee who intentionally
violates any provision of Section 5-15, 5-20, 5-30, 5-35, 5-40,
or 5-50, Article 10, Article 15, or Section 20-90 or 25-90 is
subject to discipline or discharge by the appropriate ultimate
jurisdictional authority.
(Source: P.A. 93-615, eff. 11-19-03; 93-617, eff. 12-9-03.)
Section 10. The General Assembly Staff Assistants Act is
amended by adding Section 3 as follows:
(25 ILCS 160/3 new)
Sec. 3. Posting of witness slips. During the period the
General Assembly is in session, each legislative committee

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clerk, as assigned, shall ensure that any witness slips
proffered for committee testimony are entered into an
electronic database and posted with bill information on the
General Assembly website.
Section 15. The Lobbyist Registration Act is amended by
changing Sections 2, 3, 5, 6, 6.5, 7, and 10 and by adding
Sections 3.5 and 10.5 as follows:
(25 ILCS 170/2) (from Ch. 63, par. 172)
Sec. 2. Definitions. As used in this Act, unless the
context otherwise requires:
(a) "Person" means any individual, firm, partnership,
committee, association, corporation, or any other organization
or group of persons.
(b) "Expenditure" means a payment, distribution, loan,
advance, deposit, or gift of money or anything of value, and
includes a contract, promise, or agreement, whether or not
legally enforceable, to make an expenditure, for the ultimate
purpose of influencing executive, legislative, or
administrative action, other than compensation as defined in
subsection (d).
(c) "Official" means any officer, member, or employee as
those terms are defined in the State Officials and Employees
Ethics Act. :
(1) the Governor, Lieutenant Governor, Secretary of

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State, Attorney General, State Treasurer, and State
Comptroller;
(2) Chiefs of Staff for officials described in item
(1);
(3) Cabinet members of any elected constitutional
officer, including Directors, Assistant Directors and
Chief Legal Counsel or General Counsel;
(4) Members of the General Assembly.
(d) "Compensation" means any money, thing of value or
financial benefits received or to be received in return for
services rendered or to be rendered, for lobbying as defined in
subsection (e).
Monies paid to members of the General Assembly by the State
as remuneration for performance of their Constitutional and
statutory duties as members of the General Assembly shall not
constitute compensation as defined by this Act.
(e) "Lobby" and "lobbying" "Lobbying" means any
communication with an official of the executive or legislative
branch of State government as defined in subsection (c) for the
ultimate purpose of influencing any executive, legislative, or
administrative action.
(f) "Influencing" means any communication, action,
reportable expenditure as prescribed in Section 6 or other
means used to promote, support, affect, modify, oppose or delay
any executive, legislative or administrative action or to
promote goodwill with officials as defined in subsection (c).

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(g) "Executive action" means the proposal, drafting,
development, consideration, amendment, adoption, approval,
promulgation, issuance, modification, rejection or
postponement by a State entity of a rule, regulation, order,
decision, determination, contractual arrangement, purchasing
agreement or other quasi-legislative or quasi-judicial action
or proceeding.
(h) "Legislative action" means the development, drafting,
introduction, consideration, modification, adoption,
rejection, review, enactment, or passage or defeat of any bill,
amendment, resolution, report, nomination, administrative rule
or other matter by either house of the General Assembly or a
committee thereof, or by a legislator. Legislative action also
means the action of the Governor in approving or vetoing any
bill or portion thereof, and the action of the Governor or any
agency in the development of a proposal for introduction in the
legislature.
(i) "Administrative action" means the execution or
rejection of any rule, regulation, legislative rule, standard,
fee, rate, contractual arrangement, purchasing agreement or
other delegated legislative or quasi-legislative action to be
taken or withheld by any executive agency, department, board or
commission of the State.
(j) "Lobbyist" means any natural person who undertakes to
lobby State government as provided in subsection (e).
(k) "Lobbying entity" means any entity that hires, retains,

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employs, or compensates a natural person to lobby State
government as provided in subsection (e).
(Source: P.A. 88-187.)
(25 ILCS 170/3) (from Ch. 63, par. 173)
Sec. 3. Persons required to register.
(a) Except as provided in Section Sections 4 and 9, any
natural the following persons shall register with the Secretary
of State as provided herein: (1) Any person who, for
compensation or otherwise, undertakes to lobby, or any either
individually or as an employee or contractual employee of
another person, undertakes to influence executive, legislative
or administrative action. (2) Any person or entity who employs
another person for the purposes of lobbying, shall register
with the Secretary of State as provided in this Act, unless
that person or entity qualifies for one or more of the
following exemptions influencing executive, legislative or
administrative action.
(1) Persons or entities who, for the purpose of
influencing executive, legislative, or administrative
action and who do not make expenditures that are reportable
pursuant to Section 6, appear without compensation or
promise thereof only as witnesses before committees of the
House and Senate for the purpose of explaining or arguing
for or against the passage of or action upon any
legislation then pending before those committees, or who

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seek without compensation or promise thereof the approval
or veto of any legislation by the Governor.
(1.4) A unit of local government or a school district.
(1.5) An elected or appointed official or an employee
of a unit of local government or school district who, in
the scope of his or her public office or employment, seeks
to influence executive, legislative, or administrative
action exclusively on behalf of that unit of local
government or school district.
(2) Persons or entities who own, publish, or are
employed by a newspaper or other regularly published
periodical, or who own or are employed by a radio station,
television station, or other bona fide news medium that in
the ordinary course of business disseminates news,
editorial or other comment, or paid advertisements that
directly urge the passage or defeat of legislation. This
exemption is not applicable to such an individual insofar
as he or she receives additional compensation or expenses
from some source other than the bona fide news medium for
the purpose of influencing executive, legislative, or
administrative action. This exemption does not apply to
newspapers and periodicals owned by or published by trade
associations and profit corporations engaged primarily in
endeavors other than dissemination of news.
(3) Persons or entities performing professional
services in drafting bills or in advising and rendering

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opinions to clients as to the construction and effect of
proposed or pending legislation when those professional
services are not otherwise, directly or indirectly,
connected with executive, legislative, or administrative
action.
(4) Persons or entities who are employees of
departments, divisions, or agencies of State government
and who appear before committees of the House and Senate
for the purpose of explaining how the passage of or action
upon any legislation then pending before those committees
will affect those departments, divisions, or agencies of
State government.
(5) Employees of the General Assembly, legislators,
legislative agencies, and legislative commissions who, in
the course of their official duties only, engage in
activities that otherwise qualify as lobbying.
(6) Persons or entities in possession of technical
skills and knowledge relevant to certain areas of
executive, legislative, or administrative actions, whose
skills and knowledge would be helpful to officials when
considering those actions, whose activities are limited to
making occasional appearances for or communicating on
behalf of a registrant, and who do not make expenditures
that are reportable pursuant to Section 6 even though
receiving expense reimbursement for those occasional
appearances.

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(7) Any full-time employee of a bona fide church or
religious organization who represents that organization
solely for the purpose of protecting the right of the
members thereof to practice the religious doctrines of that
church or religious organization, or any such bona fide
church or religious organization.
(8) Persons who receive no compensation other than
reimbursement for expenses of up to $500 per year while
engaged in lobbying State government, unless those persons
make expenditures that are reportable under Section 6.
(9) Any attorney or group or firm of attorneys in the
course of representing a client in any administrative or
judicial proceeding, or any witness providing testimony in
any administrative or judicial proceeding, in which ex
parte communications are not allowed and who does not make
expenditures that are reportable pursuant to Section 6.
(10) Persons or entities who, in the scope of their
employment as a vendor, offer or solicit an official for
the purchase of any goods or services when (1) the
solicitation is limited to either an oral inquiry or
written advertisements and informative literature; or (2)
the goods and services are subject to competitive bidding
requirements of the Illinois Procurement Code; or (3) the
goods and services are for sale at a cost not to exceed
$5,000; and (4) the persons or entities do not make
expenditures that are reportable under Section 6.

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(b) It is a violation of this Act to engage in lobbying or
to employ any person for the purpose of lobbying who is not
registered with the Office of the Secretary of State, except
upon condition that the person register and the person does in
fact register within 2 business days after being employed or
retained for lobbying services.
(Source: P.A. 93-615, eff. 11-19-03.)
(25 ILCS 170/3.5 new)
Sec. 3.5. Local government and school district
acknowledgement.
(a) Any unit of local government or school district that
claims exemption from registration under Section 3(a)(1.4)
shall file an acknowledgement with the Secretary of State.
(b) The acknowledgement shall contain the following
information in substantially the following form:
ACKNOWLEDGEMENT
(1)............., a [unit of local government or
school district], hereby acknowledges that it has engaged
the following lobbyists for the following purposes
.............................to lobby [name or names of
State executive or legislative agencies or offices the
lobbyist is to lobby] regarding
.............................................................
.............................................................
[a brief description of the executive, legislative, or

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administrative action in reference to which the service is
rendered, including bill numbers where available]
(2) The unit or district pledges to provide at least as
much information about these relationships as is required
by the Lobbyist Registration Act under the terms of the
Freedom of Information Act (FOIA). The unit's or district's
FOIA compliance officer is ....................... His or
her mailing address is ...................... His or her
telephone number is
.............................................................
His or her fax number is
.............................................................
His or her e mail address is
.............................................................
(3) The head of the unit or district under FOIA (for
appeals purposes) is
.............................................................
His or her mailing address is
.............................................................
.............................................................
.............................................................
His or her telephone number is
.............................................................
His or her fax number is
.............................................................
His or her e mail address is

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.............................................................
The acknowledgement shall be signed and dated by the
chief executive officer of the unit of local government or
school district.
(c) An acknowledgement shall be filed not later than 2
business days after the unit or district employs or retains a
registrant. The filing unit or district shall amend the
acknowledgement within 14 calendar days after any substantial
changes or additions in order to report those changes or
additions, except that an amendment to acknowledge a new
agreement to retain or employ a registrant for lobbying
services shall be filed before any services that require the
person to register are performed, but in any event not later
than 2 business days after entering into the agreement.
For the purpose of this Section, a substantial change to an
acknowledgement means an addition to or deletion from, or a
change in the identity of, a lobbyist, lobbying entity, Freedom
of Information Act compliance officer, or head of the unit or
district under the Freedom of Information Act (for appeals
purposes). Changes in contact information, such as mailing
addresses or telephone or fax numbers, do not constitute a
substantial change requiring a new filing.
(d) There shall be no fee for filing an acknowledgement.
Violators of this Section, however, may be assessed penalties
under Section 10.

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(25 ILCS 170/5)
Sec. 5. Lobbyist registration and disclosure. Every person
required to register under Section 3 shall before any service
is performed which requires the person to register, but in any
event not later than 2 business days after being employed or
retained, and on or before each January 31 and July 31
thereafter, file in the Office of the Secretary of State a
written statement in a format prescribed by the Secretary of
State containing the following information with respect to each
person or entity employing or retaining the person required to
register:
(a) The registrant's name, permanent address, e-mail
address, if any, fax number, if any, business telephone
number, and temporary address, if the registrant has a
temporary address while lobbying.
(a-5) If the registrant is an organization or business
entity, the information required under subsection (a) for
each person associated with the registrant who will be
lobbying, regardless of whether lobbying is a significant
part of his or her duties.
(b) The name and address of the person or persons
employing or retaining registrant to perform such services
or on whose behalf the registrant appears.
(c) A brief description of the executive, legislative,
or administrative action in reference to which such service
is to be rendered.

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(c-5) Each executive and legislative branch agency the
registrant expects to lobby during the registration
period.
(c-6) The nature of the client's business, by
indicating all of the following categories that apply: (1)
banking and financial services, (2) manufacturing, (3)
education, (4) environment, (5) healthcare, (6) insurance,
(7) community interests, (8) labor, (9) public relations or
advertising, (10) marketing or sales, (11) hospitality,
(12) engineering, (13) information or technology products
or services, (14) social services, (15) public utilities,
(16) racing or wagering, (17) real estate or construction,
(18) telecommunications, (19) trade or professional
association, (20) travel or tourism, (21) transportation,
and (22) other (setting forth the nature of that other
business).
The registrant must file an amendment to the statement
within 14 calendar days to report any substantial change or
addition to the information previously filed, except that a
registrant must file an amendment to the statement to disclose
a new agreement to retain the registrant for lobbying services
before any service is performed which requires the person to
register, but in any event not later than 2 business days after
entering into the retainer agreement.
Not later than 12 months after the effective date of this
amendatory Act of the 93rd General Assembly, or as soon

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thereafter as the Secretary of State has provided adequate
software to the persons required to file, all statements and
amendments to statements required to be filed shall be filed
electronically. The Secretary of State shall promptly make all
filed statements and amendments to statements publicly
available by means of a searchable database that is accessible
through the World Wide Web. The Secretary of State shall
provide all software necessary to comply with this provision to
all persons required to file. The Secretary of State shall
implement a plan to provide computer access and assistance to
persons required to file electronically.
Persons required to register under this Act prior to July
1, 2003, shall remit a single, annual and nonrefundable $50
registration fee. All fees collected for registrations prior to
July 1, 2003, shall be deposited into the Lobbyist Registration
Administration Fund for administration and enforcement of this
Act. Beginning July 1, 2003, all persons other than entities
qualified under Section 501(c)(3) of the Internal Revenue Code
required to register under this Act shall remit a single,
annual, and nonrefundable $350 registration fee. Entities
required to register under this Act which are qualified under
Section 501(c)(3) of the Internal Revenue Code shall remit a
single, annual, and nonrefundable $150 registration fee. Each
individual required to register under this Act shall submit, on
an annual basis, a picture of the registrant. A registrant may,
in lieu of submitting a picture on an annual basis, authorize

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the Secretary of State to use any photo identification
available in any database maintained by the Secretary of State
for other purposes. Of each registration fee collected for
registrations on or after July 1, 2003, $50 shall be deposited
into the Lobbyist Registration Administration Fund for
administration and enforcement of this Act and is intended to
be used to implement and maintain electronic filing of reports
under this Act, the next $100 shall be deposited into the
Lobbyist Registration Administration Fund for administration
and enforcement of this Act, and any balance shall be deposited
into the General Revenue Fund.
(Source: P.A. 93-32, eff. 7-1-03; 93-615, eff. 11-19-03;
93-617, eff. 12-9-03.)
(25 ILCS 170/6) (from Ch. 63, par. 176)
Sec. 6. Reports.
(a) Lobbyist reports. Except as otherwise provided in this
Section, every lobbyist registered under this Act who is solely
employed by a lobbying entity person required to register as
prescribed in Section 3 shall file an affirmation report,
verified under oath pursuant to Section 1-109 of the Code of
Civil Procedure, with to the Secretary of State attesting to
the accuracy of any reports filed pursuant to subsection (b) as
those reports pertain to work performed by the lobbyist. Any
lobbyist registered under this Act who is not solely employed
by a lobbying entity shall personally file reports required of

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lobbying entities pursuant to subsection (b). A lobbyist may,
if authorized so to do by a lobbying entity by whom he or she is
employed or retained, file lobbying entity reports pursuant to
section (b) provided that the lobbying entity may delegate the
filing of the lobbying entity report to only one lobbyist in
any reporting period 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) Lobbying entity reports. Except as otherwise provided
in this Section, every lobbying entity registered under this
Act shall report all revenues and expenditures related to
lobbying. The report shall itemize each individual expenditure
or transaction over $75, shall include an aggregate total for
all non-itemized expenditures or transactions, $100 and shall
include the name of the official on whose behalf the
expenditure was made, the name of the client on whose behalf

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the expenditure was made, the total amount of the expenditure,
a description of the expenditure, the address and location of
the expenditure if the expenditure was for an intangible item
such as lodging, the date on which the expenditure occurred and
the subject matter of the lobbying activity, if any.
The report shall include the names and addresses of all
clients who retained the lobbying entity together with an
itemized description for each client of the following: (1)
lobbying regarding executive action, including the name of any
agency lobbied, the names of any officials lobbied, the
specific subject matter discussed with each agency or official,
and the total amount billed to the client, together with
subtotals for professional services and reimbursements; (2)
lobbying regarding legislative action, including the names of
any officials lobbied, the specific subject matter discussed,
including bill numbers when available, and the total amount
billed to the client, together with subtotals for professional
services and reimbursements; and (3) lobbying regarding
administrative action, including the specific subject matter
and the total billed to the client, including subtotals for
professional services and reimbursements. Registrants who made
no reportable expenditures during a reporting period shall file
a report stating that no expenditures were incurred.
Expenditures attributable to lobbying officials shall be
listed and reported according to the following categories:
(1) travel and lodging on behalf of others.

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(2) meals, beverages and other entertainment.
(3) gifts (indicating which, if any, are on the basis
of personal friendship).
(4) honoraria.
(5) any other thing or service of value not listed
under categories (1) through (4), setting forth a
description of the expenditure. 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 State capital during sessions of the
General Assembly.
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.
(b-3) 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.
(b-5) Each individual expenditure required to be reported
shall include all expenses made for or on behalf of State
officials and their immediate family members of the immediate

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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.
(b-7) Matters excluded from reports. 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 a lobbyist
the registrant for the purposes of lobbying need not be
reported, but total billings by lobbying entities or, if the
lobbyist was personally employed by more than one lobbying
entity, to clients shall be included in the report.
Expenditures made for activities covered in items (1) through
(10) of Section 3(a) may be excluded from the report.
Any contributions required to be reported under Article 9
of the Election Code need not be reported.
The report shall include: (1) the name of each State
government entity lobbied; (2) whether the lobbying involved
executive, legislative, or administrative action, or a
combination; (3) the names of the persons who performed the

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lobbyist services; and (4) a brief description of the
legislative, executive, or administrative action involved.
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 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 the 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 revenues and expenditures

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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, a description
of the expenditure, the date on which the expenditure occurred,
and the subject matter of the lobbying activity.
(f) Lobbyist and lobbying entity reports shall be filed by
July 31, for the period January 1 through June 30 immediately
preceding, and by January 31 for the period July 1 through
December 31 immediately preceding. A report filed under this
Act is due in the Office of the Secretary of State no later
than the close of business on the date on which it is required
to be filed.
(g) All reports filed under this Act shall be filed in a
format or on forms prescribed by the Secretary of State.

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(Source: P.A. 93-244, eff. 1-1-04; 93-615, eff. 11-19-03.)
(25 ILCS 170/6.5)
Sec. 6.5. Disposition of gifts 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
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) If an official who receives a gift from a lobbyist or
lobbying entity returned the gift, reimbursed the giver for the
gift, donated the gift to charity, or otherwise surrendered
possession of the gift to a person or entity outside of his or
her household, then the official shall return a copy of the
report supplied to the official under Section 6 to the
Secretary of State indicating the disposition of the gift.
Reports filed pursuant to this Section shall be filed with the
Secretary of State by September 1, for gifts received during
the period January 1 through June 30 immediately preceding, or

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by March 1, for gifts received during the period July 1 to
December 31 immediately preceding. Reports filed pursuant to
this Section shall not be admissible as evidence of a violation
of Article 10 of the State Officials and Employees Ethics Act,
provided that the gifts were disposed of in accordance with
Section 10-30 of the State Officials and Employees Ethics Act.
(c) 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. 93-244, eff. 1-1-04; 93-615, eff. 11-19-03.)
(25 ILCS 170/7) (from Ch. 63, par. 177)
Sec. 7. Duties of the Secretary of State.
(a) It shall be the duty of the Secretary of State to
provide appropriate forms for the registration and reporting of
information required by this Act and to keep such registrations
and reports on file in his office for 3 years from the date of
filing. He shall also provide and maintain a register with
appropriate blanks and indexes so that the information required
in Sections 5 and 6 of this Act may be accordingly entered.
Such records shall be considered public information and open to
public inspection.
A report filed under this Act is due in the Office of the
Secretary of State no later than the close of business on the
date on which it is required to be filed.
(b) Within 10 days after a filing deadline, the Secretary

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of State shall notify persons he determines are required to
file but have failed to do so.
(c) The Secretary of State shall provide adequate software
to the persons required to file under this Act, and all
registrations, reports, statements, and amendments required to
be filed shall be filed electronically. Not later than 12
months after the effective date of this amendatory Act of the
93rd General Assembly, or as soon thereafter as the Secretary
of State has provided adequate software to the persons required
to file, all reports required under this Act shall be filed
electronically. The Secretary of State shall promptly make all
filed reports publicly available by means of a searchable
database that is accessible through the World Wide Web. The
Secretary of State shall provide all software necessary to
comply with this provision to all persons required to file. The
Secretary of State shall implement a plan to provide computer
access and assistance to persons required to file
electronically.
(d) Not later than 12 months after the effective date of
this amendatory Act of the 93rd General Assembly, the Secretary
of State shall include registrants' pictures when publishing or
posting on his or her website the information required in
Section 5.
(e) The Secretary of State shall receive and investigate
allegations of violations of this Act. Any employee of the
Secretary of State who receives an allegation shall immediately

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transmit it to the Secretary of State or the Secretary's
designee.
(Source: P.A. 93-615, eff. 11-19-03.)
(25 ILCS 170/10) (from Ch. 63, par. 180)
Sec. 10. Penalties.
(a) The Secretary of State may assess penalties for any
violation of this Act, which may be appealed to a circuit court
with jurisdiction where the alleged violation occurred, where
the lobbyist resides, or where the lobbying entity is located.
Penalties are as follows:
(1) Any person who or entity that fails to register as
a lobbyist or lobbying entity as required by Section 3
shall be fined up to $100 per day for each day or portion
of a day that the registration is late or the person or
entity is unregistered. Any person who or entity that
willfully fails to register may be fined up to $500 for
each day or portion of a day that the registration is late.
In determining the appropriate fine for each violation, the
Secretary of State shall consider the scope of the entire
lobbying project, the nature of activities conducted
during the time the person or entity was in violation of
this Act, and whether the failure to register was willful
or knowing.
(2) Any unit of local government or school district
required to file under Section 3.5 may be fined up to $100

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per day for a late filing.
(3) Any person who or entity that fails to file a
report required by Section 6 shall be assessed a penalty of
not more than $10,000.
(4) Any person who or entity that fails to file a
report required by Section 6.5 shall be assessed a penalty
of not more than $100 per day or portion of a day that a
report is late Any person who violates any of the
provisions of this Act shall be guilty of a business
offense and shall be fined not more than $10,000.
(b) In addition to the penalties provided for in subsection
(a) of this Section, if the Secretary of State determines that
any entity or person violated this Act in a willful manner or
has committed 3 or more violations in any 2-year period, then
that entity or person may be prohibited from lobbying for a
term not to exceed 3 years. any person convicted of any
violation of any provision of this Act is prohibited for a
period of three years from the date of such conviction from
lobbying.
(c) There is created in the State treasury a special fund
to be known as the Lobbyist Registration Administration Fund.
All fines collected in the enforcement of this Section shall be
deposited into the Fund. These funds shall, subject to
appropriation, be used by the Office of the Secretary of State
for implementation and administration of this Act.
(Source: P.A. 88-187.)

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(25 ILCS 170/10.5 new)
Sec. 10.5. Enforcement. The Secretary of State or his or
her designee shall investigate possible violations of this Act.
If the Secretary determines that a violation has occurred, the
Secretary shall make the determination, together with any
relevant evidence, available to the public and take such steps
to ensure compliance as are deemed necessary, including but not
limited to assessing penalties as set forth in this Act.
(25 ILCS 170/4 rep.)
(25 ILCS 170/11 rep.)
Section 20. The Lobbyist Registration Act is amended by
repealing Sections 4 and 11.