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Rep. Scott Drury
Filed: 3/5/2014
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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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