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

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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: (Failed) 2019-01-08 - Session Sine Die [HB0323 Detail]

Download: Illinois-2017-HB0323-Introduced.html

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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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AN ACT concerning State 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 Sections 2, 3, and 10 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

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(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; and
(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.
(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" means any communication with an
official or employee of the executive or legislative branch of
any body of State government within the State of Illinois,
including but not limited to the General Assembly and any unit
of local government, as defined in subsection (c) for the
ultimate purpose of influencing any executive, legislative, or
administrative action. A home rule unit may not define "lobby"
or "lobbying" in a manner inconsistent with this definition.
This subsection is a limitation under subsection (i) of Section
6 of Article VII of the Illinois constitution on the concurrent

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exercise by home rule units of powers and functions exercised
by the State.
(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 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,

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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,
employs, or compensates a natural person to lobby State
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 government as
provided in subsection (e) of this Section.
(n) "Client registrant" means a client who is required to
register under this Act.
(o) "Employee" means (i) any person employed full-time,
part-time, or pursuant to a contract and whose employment
duties are subject to the direction and control of an employer
with regard to the material details of how the work is to be
performed; (ii) any appointed or elected commissioner,
trustee, director, or board member of a board of a State
agency, including any retirement system or investment board
subject to the Illinois Pension Code; or (iii) any other

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appointee.
(p) "Family member" means those people related to an
official or State employee as spouse, civil union partner,
parent, child, stepchild, adopted child, son-in-law,
daughter-in-law, father-in-law, mother-in-law, brother,
sister, brother-in-law, sister-in-law, grandparent, grandchild
or any other person legally related to the official or State
employee and living at the same address as the official or
State employee as reflected in records maintained by the
Secretary of State.
(q) "Person with whom the official or State employee
maintains a close economic association" means a person
associated with the official or State employee in a
partnership, association or professional service corporation,
whether as a partner, officer, employee, associate, or
otherwise.
(Source: P.A. 98-459, eff. 1-1-14.)
(25 ILCS 170/3) (from Ch. 63, par. 173)
Sec. 3. Persons required to register; persons prohibited
from lobbying.
(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

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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
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

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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 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

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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.
(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.

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(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
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

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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.
(d) Beginning on the effective date of this amendatory Act
of the 100th General Assembly, no person who is a family member
of an official or person with whom an official or State
employee maintains a close economic association shall engage in
lobbying for compensation during the official's term of office
or during the time that the employee is employed by the State
unless that person qualifies for one of the exemptions listed
in subsection (a) of this Section.
(Source: P.A. 96-555, eff. 1-1-10; 96-1358, eff. 7-28-10.)
(25 ILCS 170/10) (from Ch. 63, par. 180)
Sec. 10. Penalties.
(a) 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 for each violation. Every day that a
report or registration is late shall constitute a separate
violation. In determining the appropriate fine for each
violation, the trier of fact shall consider the scope of the
entire lobbying project, the nature of activities conducted
during the time the person was in violation of this Act, and
whether or not the violation was intentional or unreasonable.
(b) In addition to the penalties provided for in subsection
(a) of this Section, any person convicted of any violation of

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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.
(d) A violation of subsection (d) of Section 3 of this Act
is a Class A misdemeanor with a fine equal to 5 times the total
value of all compensation received in violation of the Section.
(Source: P.A. 96-555, eff. 1-1-10.)