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Public Act 101-0595 | ||||
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AN ACT concerning State government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Lobbyist Registration Act is amended by | ||||
changing Sections 2, 5, and 7 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 |
(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
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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). |
(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
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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
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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).
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(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) "Unit of local government" has the meaning ascribed to | ||
it in Section 1 of Article VII of the Illinois Constitution and | ||
also includes school districts and community college | ||
districts. | ||
(Source: P.A. 98-459, eff. 1-1-14.) | ||
(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
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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
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following
information
with respect to each person or entity
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employing, retaining, or benefitting from the services of the | ||
natural person or entity required to register:
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(a) The registrant's name, permanent address, e-mail
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address, if any,
fax
number, if any, business telephone | ||
number, and temporary address, if the
registrant has a | ||
temporary address while lobbying.
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(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,
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regardless of whether lobbying is a significant part of his | ||
or her duties.
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(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. | ||
(b-5) If the registrant employs or retains a | ||
sub-registrant, the statement shall include the name and | ||
address of the sub-registrant and identify the client or | ||
clients of the registrant on whose behalf the | ||
sub-registrant will be or is anticipated to be performing | ||
services. | ||
(c) A brief description of the executive, legislative, |
or administrative
action in reference to which such service | ||
is to be rendered.
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(c-5) Each executive and legislative branch agency the | ||
registrant
expects
to lobby during the registration | ||
period.
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(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
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association, (20) travel or tourism, (21) transportation, | ||
(22) agriculture, and (23) other
(setting forth the nature | ||
of that other business).
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(d) A confirmation that the registrant has a sexual | ||
harassment policy as required by Section 4.7, that such | ||
policy shall be made available to any individual within 2 | ||
business days upon written request (including electronic | ||
requests), that any person may contact the authorized agent | ||
of the registrant to report allegations of sexual | ||
harassment, and that the registrant recognizes the | ||
Inspector General has jurisdiction to review any |
allegations of sexual harassment alleged against the | ||
registrant or lobbyists hired by the registrant. | ||
(e) Each unit of local government in this State for | ||
which the registrant is or expects to be required to | ||
register to lobby the local government during the | ||
registration period. "Lobby" shall have the meaning | ||
ascribed to it by the relevant unit of local government. | ||
(f) Each elected or appointed public office in this | ||
State to be held by the registrant at any time during the | ||
registration period. | ||
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.
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Registrants registered as of the effective date of this | ||
amendatory Act of the 101st General Assembly shall update their | ||
registration to add the information required under subsections | ||
(b-5), (e), and (f), if applicable, within 30 days after the | ||
effective date of this amendatory Act of the 101st General | ||
Assembly. | ||
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
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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
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Registration Administration Fund for administration and | ||
enforcement
of this
Act.
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(Source: P.A. 100-554, eff. 11-16-17.) | ||
(25 ILCS 170/7) (from Ch. 63, par. 177) | ||
Sec. 7. Duties of the Secretary of State.
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(a) It shall be the duty of the Secretary of State to | ||
provide appropriate
forms for the registration and reporting of | ||
information required by this
Act and to keep such registrations | ||
and reports on file in his office for 3
years from the date of | ||
filing. He shall also provide and maintain a
register with | ||
appropriate blanks and indexes so that the information
required | ||
in Sections 5 and 6 of this Act may be accordingly entered. |
Such
records shall be considered public information and open to | ||
public
inspection.
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(b) Within 5 business days after a filing deadline, the | ||
Secretary of State shall notify
persons he determines are | ||
required to file but have failed to do so.
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(c) The Secretary of State shall provide adequate software | ||
to the persons required to file under this Act, and all | ||
registrations, reports, statements, and amendments required to | ||
be filed shall be filed electronically.
The Secretary of
State | ||
shall promptly make all filed reports 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 persons | ||
required to file. The Secretary of State shall
implement a plan | ||
to provide computer access and assistance to persons
required | ||
to file electronically. | ||
(d) The Secretary of State shall include registrants'
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pictures when publishing
or posting on his or her website the | ||
information required in Section 5.
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(d-5) Within 90 days after the effective date of this | ||
amendatory Act of the 101st General Assembly, the Secretary of | ||
State shall create a publicly accessible and searchable | ||
database bringing together disclosures by registered lobbyists | ||
under this Act, contributions by registered lobbyists required | ||
to be disclosed under the Election Code, and statements of | ||
economic interests required to be filed by State officials and |
employees under the Illinois Governmental Ethics Act. | ||
(e) The Secretary of State shall receive and investigate | ||
allegations of violations of this Act. Any employee of the | ||
Secretary of State who receives an allegation shall immediately | ||
transmit it to the Secretary of State Inspector General.
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(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. |