Bill Text: IL HB4289 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: Amends the Lobbyist Registration Act. Specifies that, as used in the Act, "official" includes specified officials of a unit of local government. Modifies "lobby" and "lobbying", as used in the Act, to add illustrative examples and to provide that a person has not communicated for the ultimate purpose of influencing a State or local governmental action solely by submitting an application for a government permit or license or by responding to a government request for proposals or qualifications. Changes the definition "lobbyist", as used in the Act, 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, and includes illustrative examples of lobbyists.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2024-02-20 - Added Co-Sponsor Rep. Jackie Haas [HB4289 Detail]

Download: Illinois-2023-HB4289-Introduced.html

---

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4289 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED:
25 ILCS 170/2 from Ch. 63, par. 172
Amends the Lobbyist Registration Act. Specifies that, as used in the Act, "official" includes specified officials of a unit of local government. Modifies "lobby" and "lobbying", as used in the Act, to add illustrative examples and to provide that a person has not communicated for the ultimate purpose of influencing a State or local governmental action solely by submitting an application for a government permit or license or by responding to a government request for proposals or qualifications. Changes the definition "lobbyist", as used in the Act, 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, and includes illustrative examples of lobbyists.
LRB103 35379 AWJ 65444 b
A BILL FOR
HB4289 LRB103 35379 AWJ 65444 b
AN ACT concerning government.
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 Section 2 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:
(1) the Governor, Lieutenant Governor, Secretary of
State, Attorney General, State Treasurer, and State
Comptroller;
(2) Chiefs of Staff for officials described in item

HB4289 - 2 - LRB103 35379 AWJ 65444 b
(1), the Deputy Governor, the Deputy Secretary of State,
the Deputy Attorney General, the Deputy Treasurer, and the
Deputy Comptroller;
(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;
(5) Members of any board, commission, authority, or
task force of the State authorized or created by State law
or by executive order of the Governor;
(6) Mayors, presidents, aldermen, commissioners, and
trustees of a city, village, or town;
(7) County board members and countywide elected
officials;
(8) Township board members and township elected
officials; and
(9) Members of any board, commission, authority, or
task force created by a local ordinance or order of a mayor
or village or town president; and .
(10) Other officials of a unit of local government
with substantial discretion to take or recommend official
action or who have voting powers, including municipal
managers and attorneys.
(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 or as a

HB4289 - 3 - LRB103 35379 AWJ 65444 b
consultant.
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" means to communicate, including
the soliciting of others to communicate, with an official as
defined in subsection (c) for the ultimate purpose of
influencing any executive, legislative, or administrative
action at the State, municipal, county, or township government
level, including, but not limited to: (i) actions concerning
zoning matters; (ii) actions regarding legislation,
ordinances, resolutions, motions, orders, appointments, or
other matters before an elected governing body; (iii) actions
concerning the preparation of contract specifications; (iv)
actions involving the solicitation, award, or administration
of a contract; (v) actions regarding the award of a grant,
loan, or other financial agreement involving public funds;
(vi) procurement actions; (vii) bond inducement actions; and
(viii) actions involving the granting of concessions. A person
has not communicated for the ultimate purpose of influencing
an action under this subsection solely by submitting an
application for a government permit or license or by
responding to a government request for proposals or
qualifications. Soliciting of others to communicate shall not
include (i) the making of a grant by an organization

HB4289 - 4 - LRB103 35379 AWJ 65444 b
recognized as tax exempt under Section 501(c)(3) of the
Internal Revenue Code made in accordance with Section 4945 and
the regulations thereunder or (ii) a communication by an
organization recognized as tax exempt under Section 501(c)(3)
or 501(c)(5) of the Internal Revenue Code to the public or a
segment thereof or to its members to communicate with
legislators, executives, or administrators with respect to a
proposed action by the legislature, executive, or
administrator.
(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).
(g) "Executive action" means the proposal, drafting,
development, consideration, amendment, adoption, approval,
promulgation, issuance, modification, rejection or
postponement by a State, municipal, county, or township
government 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

HB4289 - 5 - LRB103 35379 AWJ 65444 b
bill, amendment, resolution, ordinance, report, nomination,
administrative rule or other matter by either house of the
General Assembly or a committee thereof, by a legislator, by
the legislative body of a municipality, county, or township,
or by an alderman, trustee, or township board member.
Legislative action also means the action of the Governor,
mayor, or village or township board president, or county
executive in approving or vetoing any bill, ordinance, or
resolution or portion thereof, and the action of such
officials or any agency under their jurisdiction in the
development of a legislative proposal.
(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, municipal, county, or township.
(j) "Lobbyist" means any 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. "Lobbyist" includes, but is not limited to, any
attorney, accountant, or consultant engaged in the activities
described in this subsection (j); except that an attorney
shall not be considered a lobbyist while representing clients

HB4289 - 6 - LRB103 35379 AWJ 65444 b
in a formal adversarial hearing undertakes to lobby State,
municipal, county, or township government as provided in
subsection (e).
(k) "Lobbying entity" means any entity that hires,
retains, employs, or compensates a natural person to lobby
State, municipal, county, or township government as provided
in subsection (e).
(l) "Authorized agent" means the person designated by an
entity or lobbyist registered under this Act as the person
responsible for submission and retention of reports required
under this Act.
(m) "Client" means any person or entity that provides
compensation to a lobbyist to lobby State, municipal, county,
or township government as provided in subsection (e) of this
Section.
(n) "Client registrant" means a client who is required to
register under this Act.
(o) "Unit of local government" has the meaning ascribed to
it in Section 1 of Article VII of the Illinois Constitution and
also includes school districts and community college
districts.
(p) "Consultant" means any natural person or entity who,
for compensation, provides advisory services, including but
not limited to, rendering opinions on or developing strategies
for lobbying or influencing, to a lobbyist or lobbying entity
for the ultimate purpose of influencing any executive,

HB4289 - 7 - LRB103 35379 AWJ 65444 b