Bill Text: IL HB4317 | 2013-2014 | 98th General Assembly | Amended
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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1 | AMENDMENT TO HOUSE BILL 4317
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2 | AMENDMENT NO. ______. Amend House Bill 4317 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Lobbyist Registration Act is amended by | ||||||
5 | changing Section 3 as follows:
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6 | (25 ILCS 170/3) (from Ch. 63, par. 173) | ||||||
7 | Sec. 3. Persons required to register. | ||||||
8 | (a) Except as provided in Section
9, any natural
person | ||||||
9 | who, for compensation or otherwise,
undertakes to lobby, or any
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10 | person or entity who employs or compensates another person for | ||||||
11 | the purposes
of lobbying, shall register with the Secretary of | ||||||
12 | State as provided in this Act, unless that person or entity | ||||||
13 | qualifies for one or more of the following exemptions. | ||||||
14 | (1) Persons or entities who, for the purpose of | ||||||
15 | influencing any executive, legislative, or administrative | ||||||
16 | action and who do not make expenditures that are reportable |
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1 | pursuant to Section 6, appear without compensation or | ||||||
2 | promise thereof only as witnesses before committees of the | ||||||
3 | House and Senate for the purpose of explaining or arguing | ||||||
4 | for or against the passage of or action upon any | ||||||
5 | legislation then pending before those committees, or who | ||||||
6 | seek without compensation or promise thereof the approval | ||||||
7 | or veto of any legislation by the Governor. | ||||||
8 | (1.4) A unit of local government or a school district. | ||||||
9 | (1.5) An elected or appointed official or an employee | ||||||
10 | of a unit of local government or school district who, in | ||||||
11 | the scope of his or her public office or employment, seeks | ||||||
12 | to influence executive, legislative, or administrative | ||||||
13 | action exclusively on behalf of that unit of local | ||||||
14 | government or school district. | ||||||
15 | (2) Persons or entities who own, publish, or are | ||||||
16 | employed by a newspaper or other regularly published | ||||||
17 | periodical, or who own or are employed by a radio station, | ||||||
18 | television station, or other bona fide news medium that in | ||||||
19 | the ordinary course of business disseminates news, | ||||||
20 | editorial or other comment, or paid advertisements that | ||||||
21 | directly urge the passage or defeat of legislation. This | ||||||
22 | exemption is not applicable to such an individual insofar | ||||||
23 | as he or she receives additional compensation or expenses | ||||||
24 | from some source other than the bona fide news medium for | ||||||
25 | the purpose of influencing executive, legislative, or | ||||||
26 | administrative action. This exemption does not apply to |
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1 | newspapers and periodicals owned by or published by trade | ||||||
2 | associations and not-for-profit corporations engaged | ||||||
3 | primarily in endeavors other than dissemination of news. | ||||||
4 | (3) Persons or entities performing professional | ||||||
5 | services in drafting bills or in advising and rendering | ||||||
6 | opinions to clients as to the construction and effect of | ||||||
7 | proposed or pending legislation when those professional | ||||||
8 | services are not otherwise, directly or indirectly, | ||||||
9 | connected with executive, legislative, or administrative | ||||||
10 | action. | ||||||
11 | (4) Persons or entities who are employees of | ||||||
12 | departments, divisions, or agencies of State government | ||||||
13 | and who appear before committees of the House and Senate | ||||||
14 | for the purpose of explaining how the passage of or action | ||||||
15 | upon any legislation then pending before those committees | ||||||
16 | will affect those departments, divisions, or agencies of | ||||||
17 | State government. | ||||||
18 | (5) Employees of the General Assembly, legislators, | ||||||
19 | legislative agencies, and legislative commissions who, in | ||||||
20 | the course of their official duties only, engage in | ||||||
21 | activities that otherwise qualify as lobbying. | ||||||
22 | (6) Persons or entities in possession of technical | ||||||
23 | skills and knowledge relevant to certain areas of | ||||||
24 | executive, legislative, or administrative actions, whose | ||||||
25 | skills and knowledge would be helpful to officials when | ||||||
26 | considering those actions, whose activities are limited to |
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1 | making occasional appearances for or communicating on | ||||||
2 | behalf of a registrant, and who do not make expenditures | ||||||
3 | that are reportable pursuant to Section 6 even though | ||||||
4 | receiving expense reimbursement for those occasional | ||||||
5 | appearances. | ||||||
6 | (7) Any full-time employee of a bona fide church or | ||||||
7 | religious organization who represents that organization | ||||||
8 | solely for the purpose of protecting the right of the | ||||||
9 | members thereof to practice the religious doctrines of that | ||||||
10 | church or religious organization, or any such bona fide | ||||||
11 | church or religious organization. | ||||||
12 | (8) Persons or entities that receive no compensation | ||||||
13 | other than reimbursement for expenses of up to $500 per | ||||||
14 | year while engaged in lobbying State government, unless | ||||||
15 | those persons make expenditures that are reportable under | ||||||
16 | Section 6. | ||||||
17 | (9) Any attorney or group or firm of attorneys in the | ||||||
18 | course of representing a client in any administrative or | ||||||
19 | judicial proceeding, or any witness providing testimony in | ||||||
20 | any administrative or judicial proceeding, in which ex | ||||||
21 | parte communications are not allowed and who does not make | ||||||
22 | expenditures that are reportable pursuant to Section 6. | ||||||
23 | (9.5) Any attorney or group or firm of attorneys in the | ||||||
24 | course of representing a client in an administrative or | ||||||
25 | executive action involving a contractual or purchasing | ||||||
26 | arrangement and who does not make expenditures that are |
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1 | reportable pursuant to Section 6. | ||||||
2 | (10) Persons or entities who, in the scope of their | ||||||
3 | employment as a vendor, offer or solicit an official for | ||||||
4 | the purchase of any goods or services when (1) the | ||||||
5 | solicitation is limited to either an oral inquiry or | ||||||
6 | written advertisements and informative literature; or (2) | ||||||
7 | the goods and services are subject to competitive bidding | ||||||
8 | requirements of the Illinois Procurement Code; or (3) the | ||||||
9 | goods and services are for sale at a cost not to exceed | ||||||
10 | $5,000; and (4) the persons or entities do not make | ||||||
11 | expenditures that are reportable under Section 6.
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12 | (b) It is a violation of this Act to engage in lobbying or | ||||||
13 | to employ any
person for the purpose of lobbying who is not | ||||||
14 | registered with the Office of the
Secretary of State, except | ||||||
15 | upon condition that the person register and the
person does in | ||||||
16 | fact register within 2 business days after being employed or | ||||||
17 | retained for lobbying services. | ||||||
18 | (c) The Secretary shall promulgate a rule establishing a | ||||||
19 | list of the entities required to register under this Act, | ||||||
20 | including the name of each board, commission, authority, or | ||||||
21 | task force. The Secretary may require a person or entity | ||||||
22 | claiming an exemption under this Section to certify the person | ||||||
23 | or entity is not required to register under this Act. Nothing | ||||||
24 | prohibits the Secretary from rejecting a certification and | ||||||
25 | requiring a person or entity to register. | ||||||
26 | (Source: P.A. 96-555, eff. 1-1-10; 96-1358, eff. 7-28-10.)
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1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.".
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