Public Act 098-0459
 
HB2943 EnrolledLRB098 09245 JDS 41456 b


  
    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 
    (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).
    (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, 
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 
    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

    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

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.

    (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 
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 
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 
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 
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.)