Bill Text: IL HB4317 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Amends the Lobbyist Registration Act. Provides that lobbying is an activity that may be undertaken by non-attorneys. Further provides that the General Assembly declares that lobbying records should generally be available to the public, and work records related to lobbying are not shielded by the attorney-client privilege solely because the lobbyist employed by the unit of government is an attorney. Requires units of local government and school districts to register with the Secretary of State if it employs or compensates a lobbyist. Requires every lobbying entity to report billings to clients, which includes the amount billed, the client billed, and the time frame in which services were performed. Provides that lobbying is an activity that may be undertaken by persons without any professional credential, and no professional privileges or immunities shall attach to lobbying work-product solely on the basis that such work was performed by a person with professional credential or credentials. Effective immediately.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB4317 Detail]

Download: Illinois-2013-HB4317-Amended.html

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Rep. Scott Drury

Filed: 3/5/2014

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AMENDMENT TO HOUSE BILL 4317
AMENDMENT NO. ______. Amend House Bill 4317 by replacing
everything after the enacting clause with the following:
"Section 5. The Lobbyist Registration Act is amended by
changing Section 3 as follows:
(25 ILCS 170/3) (from Ch. 63, par. 173)
Sec. 3. Persons required to register.
(a) Except as provided in Section 9, any natural person
who, for compensation or otherwise, undertakes to lobby, or any
person or entity who employs or compensates 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.
(1) Persons or entities who, for the purpose of
influencing any executive, legislative, or administrative
action and who do not make expenditures that are reportable

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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
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

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newspapers and periodicals owned by or published by trade
associations and not-for-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
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

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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.
(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 or entities that 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.
(9.5) Any attorney or group or firm of attorneys in the
course of representing a client in an administrative or
executive action involving a contractual or purchasing
arrangement and who does not make expenditures that are

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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.
(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.
(c) The Secretary shall promulgate a rule establishing a
list of the entities required to register under this Act,
including the name of each board, commission, authority, or
task force. The Secretary may require a person or entity
claiming an exemption under this Section to certify the person
or entity is not required to register under this Act. Nothing
prohibits the Secretary from rejecting a certification and
requiring a person or entity to register.
(Source: P.A. 96-555, eff. 1-1-10; 96-1358, eff. 7-28-10.)

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Section 99. Effective date. This Act takes effect upon
becoming law.".