Public Act 101-0595
Public Act 0595 101ST GENERAL ASSEMBLY
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Public Act 101-0595
| | SB1639 Enrolled | LRB101 11010 HLH 56204 b |
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| AN ACT concerning State 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 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
| 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. | (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
| 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, 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. | (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.
| (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).
| (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.
| 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
| 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. 100-554, eff. 11-16-17.)
| (25 ILCS 170/7) (from Ch. 63, par. 177) | Sec. 7. Duties of the Secretary of State.
| (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.
| (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.
| (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'
| pictures when publishing
or posting on his or her website the | information required in Section 5.
| (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.
| (Source: P.A. 96-555, eff. 1-1-10; 96-1358, eff. 7-28-10.)
| Section 99. Effective date. This Act takes effect upon | becoming law. |
Effective Date: 12/05/2019
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