Illinois 2023-2024 Regular Session

Illinois House Bill HB3953 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3953 Introduced , by Rep. Blaine Wilhour SYNOPSIS AS INTRODUCED: 25 ILCS 170/2 from Ch. 63, par. 172 Amends the Lobbyist Registration Act. Provides that the term "official" as used under the Act includes specified officials of a unit of local government. Modifies the terms "lobby" and "lobbying" to include communications with units of local government for the ultimate purpose of influencing any executive, legislative, or administrative action, and further specifies such actions. Modifies the term "lobbyist" to mean a natural person who, on behalf of any person other than himself or herself, or as any part of his or her duties as an employee of another, undertakes to influence or lobby for any executive, legislative, or administrative action for State government or a unit of local government. LRB103 31011 DTM 57626 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3953 Introduced , by Rep. Blaine Wilhour SYNOPSIS AS INTRODUCED: 25 ILCS 170/2 from Ch. 63, par. 172 25 ILCS 170/2 from Ch. 63, par. 172 Amends the Lobbyist Registration Act. Provides that the term "official" as used under the Act includes specified officials of a unit of local government. Modifies the terms "lobby" and "lobbying" to include communications with units of local government for the ultimate purpose of influencing any executive, legislative, or administrative action, and further specifies such actions. Modifies the term "lobbyist" to mean a natural person who, on behalf of any person other than himself or herself, or as any part of his or her duties as an employee of another, undertakes to influence or lobby for any executive, legislative, or administrative action for State government or a unit of local government. LRB103 31011 DTM 57626 b LRB103 31011 DTM 57626 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3953 Introduced , by Rep. Blaine Wilhour SYNOPSIS AS INTRODUCED:
3	3	25 ILCS 170/2 from Ch. 63, par. 172 25 ILCS 170/2 from Ch. 63, par. 172
4	4	25 ILCS 170/2 from Ch. 63, par. 172
5	5	Amends the Lobbyist Registration Act. Provides that the term "official" as used under the Act includes specified officials of a unit of local government. Modifies the terms "lobby" and "lobbying" to include communications with units of local government for the ultimate purpose of influencing any executive, legislative, or administrative action, and further specifies such actions. Modifies the term "lobbyist" to mean a natural person who, on behalf of any person other than himself or herself, or as any part of his or her duties as an employee of another, undertakes to influence or lobby for any executive, legislative, or administrative action for State government or a unit of local government.
6	6	LRB103 31011 DTM 57626 b LRB103 31011 DTM 57626 b
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8	8	A BILL FOR
9	9	HB3953LRB103 31011 DTM 57626 b HB3953 LRB103 31011 DTM 57626 b
10	10	HB3953 LRB103 31011 DTM 57626 b
11	11	1 AN ACT concerning government.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Lobbyist Registration Act is amended by
15	15	5 changing Section 2 as follows:
16	16	6 (25 ILCS 170/2) (from Ch. 63, par. 172)
17	17	7 Sec. 2. Definitions. As used in this Act, unless the
18	18	8 context otherwise requires:
19	19	9 (a) "Person" means any individual, firm, partnership,
20	20	10 committee, association, corporation, or any other organization
21	21	11 or group of persons.
22	22	12 (b) "Expenditure" means a payment, distribution, loan,
23	23	13 advance, deposit, or gift of money or anything of value, and
24	24	14 includes a contract, promise, or agreement, whether or not
25	25	15 legally enforceable, to make an expenditure, for the ultimate
26	26	16 purpose of influencing executive, legislative, or
27	27	17 administrative action, other than compensation as defined in
28	28	18 subsection (d).
29	29	19 (c) "Official" means:
30	30	20 (1) the Governor, Lieutenant Governor, Secretary of
31	31	21 State, Attorney General, State Treasurer, and State
32	32	22 Comptroller;
33	33	23 (2) Chiefs of Staff for officials described in item
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3953 Introduced , by Rep. Blaine Wilhour SYNOPSIS AS INTRODUCED:
38	38	25 ILCS 170/2 from Ch. 63, par. 172 25 ILCS 170/2 from Ch. 63, par. 172
39	39	25 ILCS 170/2 from Ch. 63, par. 172
40	40	Amends the Lobbyist Registration Act. Provides that the term "official" as used under the Act includes specified officials of a unit of local government. Modifies the terms "lobby" and "lobbying" to include communications with units of local government for the ultimate purpose of influencing any executive, legislative, or administrative action, and further specifies such actions. Modifies the term "lobbyist" to mean a natural person who, on behalf of any person other than himself or herself, or as any part of his or her duties as an employee of another, undertakes to influence or lobby for any executive, legislative, or administrative action for State government or a unit of local government.
41	41	LRB103 31011 DTM 57626 b LRB103 31011 DTM 57626 b
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43	43	A BILL FOR
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49	49	25 ILCS 170/2 from Ch. 63, par. 172
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68	68	1 (1), the Deputy Governor, the Deputy Secretary of State,
69	69	2 the Deputy Attorney General, the Deputy Treasurer, and the
70	70	3 Deputy Comptroller;
71	71	4 (3) Cabinet members of any elected constitutional
72	72	5 officer, including Directors, Assistant Directors and
73	73	6 Chief Legal Counsel or General Counsel;
74	74	7 (4) Members of the General Assembly;
75	75	8 (5) Members of any board, commission, authority, or
76	76	9 task force of the State authorized or created by State law
77	77	10 or by executive order of the Governor;
78	78	11 (6) Mayors, presidents, aldermen, commissioners, and
79	79	12 trustees of a city, village, or town;
80	80	13 (7) County board members and countywide elected
81	81	14 officials;
82	82	15 (8) Township board members and township elected
83	83	16 officials; and
84	84	17 (9) Members of any board, commission, authority, or
85	85	18 task force created by a local ordinance or order of a mayor
86	86	19 or village or town president; and .
87	87	20 (10) Other officials of a unit of local government,
88	88	21 including village managers, chief legal counsel, or
89	89	22 general counsel, or other officials with substantial
90	90	23 discretion to take or recommend official action or who
91	91	24 have voting powers.
92	92	25 (d) "Compensation" means any money, thing of value or
93	93	26 financial benefits received or to be received in return for
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104	104	1 services rendered or to be rendered, for lobbying or as a
105	105	2 consultant.
106	106	3 Monies paid to members of the General Assembly by the
107	107	4 State as remuneration for performance of their Constitutional
108	108	5 and statutory duties as members of the General Assembly shall
109	109	6 not constitute compensation as defined by this Act.
110	110	7 (e) "Lobby" and "lobbying" means to communicate, including
111	111	8 the soliciting of others to communicate, with an official as
112	112	9 defined in subsection (c) for the ultimate purpose of
113	113	10 influencing any executive, legislative, or administrative
114	114	11 action, including, but not limited to, such actions as: (i)
115	115	12 zoning matters; (ii) the introduction, passage, or other
116	116	13 action to be taken on legislation, ordinance, resolution,
117	117	14 motion, order, appointment, or other matter before an elected
118	118	15 governing body; (iii) preparation of contract specifications;
119	119	16 (iv) solicitation, award, or administration of a contract; (v)
120	120	17 the award of a grant, loan, or other financial agreement
121	121	18 involving public funds; (vi) procurement; (vii) bond
122	122	19 inducement; and (viii) the granting of concessions. A person
123	123	20 is not deemed to have undertaken to influence under this
124	124	21 Section solely by submitting an application for a government
125	125	22 permit or license or by responding to a government request for
126	126	23 proposals or qualifications at the State, municipal, county,
127	127	24 or township government level. Soliciting of others to
128	128	25 communicate shall not include (i) the making of a grant by an
129	129	26 organization recognized as tax exempt under Section 501(c)(3)
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140	140	1 of the Internal Revenue Code made in accordance with Section
141	141	2 4945 and the regulations thereunder or (ii) a communication by
142	142	3 an organization recognized as tax exempt under Section
143	143	4 501(c)(3) or 501(c)(5) of the Internal Revenue Code to the
144	144	5 public or a segment thereof or to its members to communicate
145	145	6 with legislators, executives, or administrators with respect
146	146	7 to a proposed action by the legislature, executive, or
147	147	8 administrator.
148	148	9 (f) "Influencing" means any communication, action,
149	149	10 reportable expenditure as prescribed in Section 6 or other
150	150	11 means used to promote, support, affect, modify, oppose or
151	151	12 delay any executive, legislative or administrative action or
152	152	13 to promote goodwill with officials as defined in subsection
153	153	14 (c).
154	154	15 (g) "Executive action" means the proposal, drafting,
155	155	16 development, consideration, amendment, adoption, approval,
156	156	17 promulgation, issuance, modification, rejection or
157	157	18 postponement by a State, municipal, county, or township
158	158	19 government entity of a rule, regulation, order, decision,
159	159	20 determination, contractual arrangement, purchasing agreement
160	160	21 or other quasi-legislative or quasi-judicial action or
161	161	22 proceeding.
162	162	23 (h) "Legislative action" means the development, drafting,
163	163	24 introduction, consideration, modification, adoption,
164	164	25 rejection, review, enactment, or passage or defeat of any
165	165	26 bill, amendment, resolution, ordinance, report, nomination,
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176	176	1 administrative rule or other matter by either house of the
177	177	2 General Assembly or a committee thereof, by a legislator, by
178	178	3 the legislative body of a municipality, county, or township,
179	179	4 or by an alderman, trustee, or township board member.
180	180	5 Legislative action also means the action of the Governor,
181	181	6 mayor, or village or township board president, or county
182	182	7 executive in approving or vetoing any bill, ordinance, or
183	183	8 resolution or portion thereof, and the action of such
184	184	9 officials or any agency under their jurisdiction in the
185	185	10 development of a legislative proposal.
186	186	11 (i) "Administrative action" means the execution or
187	187	12 rejection of any rule, regulation, legislative rule, standard,
188	188	13 fee, rate, contractual arrangement, purchasing agreement or
189	189	14 other delegated legislative or quasi-legislative action to be
190	190	15 taken or withheld by any executive agency, department, board
191	191	16 or commission of the State, municipal, county, or township.
192	192	17 (j) "Lobbyist" means any natural person who, on behalf of
193	193	18 any person other than himself or herself, or as any part of his
194	194	19 or her duties as an employee of another, undertakes to
195	195	20 influence or lobby for any executive, legislative, or
196	196	21 administrative action for State government or a unit of local
197	197	22 government. "Lobbyist" shall include, but not be limited to,
198	198	23 any attorney, accountant, or consultant engaged in the
199	199	24 activities described in this subsection (j); provided,
200	200	25 however, that an attorney shall not be considered a lobbyist
201	201	26 while representing clients in a formal adversarial hearing
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212	212	1 undertakes to lobby State, municipal, county, or township
213	213	2 government as provided in subsection (e).
214	214	3 (k) "Lobbying entity" means any entity that hires,
215	215	4 retains, employs, or compensates a natural person to lobby
216	216	5 State, municipal, county, or township government as provided
217	217	6 in subsection (e).
218	218	7 (l) "Authorized agent" means the person designated by an
219	219	8 entity or lobbyist registered under this Act as the person
220	220	9 responsible for submission and retention of reports required
221	221	10 under this Act.
222	222	11 (m) "Client" means any person or entity that provides
223	223	12 compensation to a lobbyist to lobby State, municipal, county,
224	224	13 or township government as provided in subsection (e) of this
225	225	14 Section.
226	226	15 (n) "Client registrant" means a client who is required to
227	227	16 register under this Act.
228	228	17 (o) "Unit of local government" has the meaning ascribed to
229	229	18 it in Section 1 of Article VII of the Illinois Constitution and
230	230	19 also includes school districts and community college
231	231	20 districts.
232	232	21 (p) "Consultant" means any natural person or entity who,
233	233	22 for compensation, provides advisory services, including but
234	234	23 not limited to, rendering opinions on or developing strategies
235	235	24 for lobbying or influencing, to a lobbyist or lobbying entity
236	236	25 for the ultimate purpose of influencing any executive,
237	237	26 legislative, or administrative action. "Consultant" does not
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248	248	1 include (i) an employee of the lobbyist or lobbying entity or
249	249	2 (ii) an attorney or law firm providing legal services,
250	250	3 including drafting legislation or advising and rendering
251	251	4 opinions to clients as to the construction and legal effect of
252	252	5 proposed or pending legislation or any executive, legislative,
253	253	6 or administrative action.
254	254	7 (Source: P.A. 101-595, eff. 12-5-19; 102-664, eff. 1-1-22.)
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