Bill Text: IL HB2943 | 2013-2014 | 98th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Lobbyist Registration Act. Requires a registrant whose client is another registrant to disclose the name and address of the ultimate beneficiary of the registrant's services. Requires a registrant whose client is another registrant to include in expenditure reports the name and address of the ultimate beneficiary of the expenditure.

Spectrum: Slight Partisan Bill (Democrat 9-3)

Status: (Passed) 2013-08-16 - Public Act . . . . . . . . . 98-0459 [HB2943 Detail]

Download: Illinois-2013-HB2943-Enrolled.html

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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 Sections 2, 5, and 6 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 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).
(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.
(Source: P.A. 96-555, eff. 1-1-10; 96-1358, eff. 7-28-10.)
(25 ILCS 170/5)
Sec. 5. Lobbyist registration and disclosure. Every
natural person and every entity required to register under this
Act shall before any service is performed which requires the
natural person or entity to register, but in any event not
later than 2 business days after being employed or retained,
file in the Office of the Secretary of State a statement in a
format prescribed by the Secretary of State containing the
following information with respect to each person or entity
employing, or retaining, or benefitting from the services of
the natural person or entity required to register:
(a) The registrant's name, permanent address, e-mail
address, if any, fax number, if any, business telephone

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number, and temporary address, if the registrant has a
temporary address while lobbying.
(a-5) If the registrant is an entity, the information
required under subsection (a) for each natural 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 client or clients
employing or retaining the registrant to perform such
services or on whose behalf the registrant appears. If the
client employing or retaining the registrant is a client
registrant, the statement shall also include the name and
address of the client or clients of the client registrant
on whose behalf the registrant will be or anticipates
performing services.
(c) A brief description of the executive, legislative,
or administrative action in reference to which such service
is to be rendered.
(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

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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,
(22) agriculture, and (23) other (setting forth the nature
of that other business).
Every natural person and every entity required to register
under this Act shall annually submit the registration required
by this Section on or before each January 31. The registrant
has a continuing duty to report any substantial change or
addition to the information contained in the registration.
The Secretary of State shall 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 natural persons
and entities required to file. The Secretary of State shall
implement a plan to provide computer access and assistance to
natural persons and entities required to file electronically.
All natural persons and entities required to register under
this Act shall remit a single, annual, and nonrefundable $300
registration fee. Each natural person 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

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picture on an annual basis, authorize the Secretary of State to
use any photo identification available in any database
maintained by the Secretary of State for other purposes. Each
registration fee collected for registrations on or after
January 1, 2010 shall be deposited into the Lobbyist
Registration Administration Fund for administration and
enforcement of this Act.
(Source: P.A. 96-555, eff. 1-1-10; 96-1358, eff. 7-28-10.)
(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 shall file an affirmation,
verified under oath pursuant to Section 1-109 of the Code of
Civil Procedure, with 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
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
subsection (b) provided that the lobbying entity may delegate
the filing of the lobbying entity report to only one lobbyist
in any reporting period.

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(b) Lobbying entity reports. Every lobbying entity
registered under this Act shall report expenditures related to
lobbying. The report shall itemize each individual expenditure
or transaction and shall include the name of the official on
whose behalf the expenditure was made, the name of the client
if the expenditure was made on behalf of a client, the total
amount of the expenditure, a description of the expenditure,
the vendor or purveyor to whom the expenditure was made
(including the address or location of the expenditure), the
date on which the expenditure occurred and the subject matter
of the lobbying activity, if any. For those expenditures made
on behalf of a client, if the client is a client registrant,
the report shall also include the name and address of the
client or clients of the client registrant or the official or
officials on whose behalf the expenditure ultimately was made.
Each expenditure required to be reported shall include all
expenses made for or on behalf of an official or his or her
immediate family member living with the official.
(b-1) The report shall include any change or addition to
the client list information, required in Section 5 for
registration, since the last report, including 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 executive agency lobbied and the subject
matter; (2) lobbying regarding legislative action, including

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the General Assembly and any other agencies lobbied and the
subject matter; and (3) lobbying regarding administrative
action, including the agency lobbied and the subject matter.
Registrants who made no reportable expenditures during a
reporting period shall file a report stating that no
expenditures were incurred.
(b-2) Expenditures attributable to lobbying officials
shall be listed and reported according to the following
categories:
(1) travel and lodging on behalf of others, including,
but not limited to, all travel and living accommodations
made for or on behalf of State officials during sessions of
the General Assembly.
(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.
(b-3) Expenditures incurred for hosting receptions,
benefits and other large gatherings held for purposes of

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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-7) Matters excluded from reports. The following items
need not be included in the report:
(1) 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.
(2) Reasonable and bona fide expenditures made by the
registrant for personal sustenance, lodging, travel,
office expenses and clerical or support staff.
(3) Salaries, fees, and other compensation paid to the
registrant for the purposes of lobbying.
(4) Any contributions required to be reported under
Article 9 of the Election Code.
(5) Expenditures made by a registrant on behalf of an
official that are returned or reimbursed prior to the
deadline for submission of the report.
(c) 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 expenditures described

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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 or as provided
by rule, 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) A report for the period beginning January 1, 2010 and
ending on June 30, 2010 shall be filed no later than July 15,
2010, and a report for the period beginning July 1, 2010 and
ending on December 31, 2010 shall be filed no later than
January 15, 2011. Beginning January 1, 2011, reports shall be
filed semi-monthly as follows: (i) for the period beginning the
first day of the month through the 15th day of the month, the
report shall be filed no later than the 20th day of the month

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and (ii) for the period beginning on the 16th day of the month
through the last day of the month, the report shall be filed no
later than the 5th day of the following month. 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.
(Source: P.A. 96-555, eff. 1-1-10; 96-1358, eff. 7-28-10.)