Illinois Administrative Code › Title 2 - GOVERNMENTAL ORGANIZATION › Part 560 - LOBBYIST REGISTRATION AND REPORTS › Subpart A - DEFINITIONS › Section 560.100 - Definitions

Current through Register Vol. 48, No. 28, July 12, 2024
The following definitions shall apply to this Part:
"Act" means the Lobbyist Registration Act [ 25 ILCS 170
				  ].
"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.
(Section 2(i) of the
				  Act) It shall not include any correspondence or direct lobbying communication
				  to an official providing a response to an official's request.
"Allocation" means the proration of the expenditure made for
				  lobbying an official when the expenditure is made for more than one official,
				  but fewer than 25 officials.
"Authorized Agent" means the person designated by
an
				  entity or lobbyist registered under
the
Act as the person
				  responsible for
the accurate
submission and retention of
				  reports required under
the
Act.
(Section 2(l) of the
				  Act) The authorized agent need not register unless he or she is a lobbyist, as
				  defined in this Section.
"Client" means
any person or entity that provides
				  compensation to or employs a lobbyist to lobby State government as provided in
				  the Act.
"Client Registrant" means a client who is required to
				  register under the Act.
"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 this Section
.
				  Monies paid to
officials
by the State as remuneration for
				  performance or reimbursement of expenses in connection with their
				  constitutional and statutory duties
as officials
shall not
				  constitute compensation.
(Section 2 of the Act)
"Complete Report" means a statement or report to be filed
				  with the Secretary of State Index Department in apparent and substantial
				  conformity with the requirements of this Part that shall contain the electronic
				  acknowledgement of the authorized agent, the completion of all applicable
				  sections of the statement or report, and the attachment of all appropriate
				  schedules.
"Direct Lobbying Communication" means any activity concerning
				  the direct contact of officials in person or by means of correspondence,
				  telephone or other electronic medium for the purpose of influencing executive,
				  legislative or administrative action. Any correspondence or contact of a
				  routine nature with an official's office, or by a citizen lawfully petitioning
				  a public official pursuant to Section 9 of the Act, shall not be considered
				  direct lobbying communication, unless the communication is made by a hired
				  lobbyist or is in conjunction with a reportable expenditure.
"Due Diligence" means when a lobbyist or authorized agent for
				  any registered entity shows that best efforts have been used to obtain,
				  maintain and submit the information required by the Act. With regard to filing
				  complete reports, the authorized agent will not be deemed to have exercised due
				  diligence unless he or she has access to the expense records of the entity's
				  lobbyists, and has made at least one written request to obtain information
				  required by the Act from the lobbyist that informs the lobbyist that the
				  reporting of that information to the authorized agent is required by law or
				  regulation. This definition should not be construed as a requirement that the
				  authorized agent review the lobbyist's expense records if the lobbyist
				  certifies their accuracy to the authorized agent.
"Employer" means the individual, firm, partnership,
				  committee, association, corporation or any other organization or group of
				  persons by whom a lobbyist is employed, and not the name of the lobbyist's
				  supervisor.
"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.
(Section 2(g) of the Act) It shall not include any
				  correspondence or communication to an official providing a response to an
				  official's request.
"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 this
				  Section. (Section 2(b) of the Act) For the purposes of this Part, "expenditure"
				  refers to a reportable expenditure made on behalf of an official in one of the
				  6 categories described in Section 6 of the Act and Section
				  560.310
				  of this Part.
"File", "Filed" and "Filing" means the submission of a
				  complete report, as defined in this Section, to the Secretary of State Index
				  Department by the close of business on the prescribed filing date. Registration
				  statements, semi-monthly reports, and any other required reports or
				  correspondence shall be completed online, using the Secretary of State Index
				  Department website
				  (http://www.cyberdriveillinois.com/departments/index/home.html) unless
				  otherwise instructed. If the filing deadline falls on a weekend or a holiday,
				  the deadline will be extended to the next business day unless otherwise
				  instructed. The Index Department shall notify any lobbying entity who has
				  failed to submit a complete report and pay proper fees as required by Sections
				  560.220
				  and
				  560.390.
				  An entity that fails to file a complete entity registration statement,
				  semi-monthly report, or other required report or correspondence and/or pay
				  proper fees shall not be considered a registered lobbying entity by the
				  Secretary of State.
"Goodwill" means, for reporting purposes, any expenditure
				  made on behalf of officials that has no direct relation to a specific
				  executive, legislative or administrative action, regardless of whether the
				  lobbyist making the expenditure is reimbursed by his or her employing
				  registered entity or client. Goodwill should be reported as the subject matter
				  when no specific action is discussed.
"Grass Roots Lobbying Communication" means:
correspondence by a representative (a lobbyist or a
				  non-lobbyist) of a registered entity to the general public, or any segment
				  thereof, encouraging correspondence to an official's office in support of, or
				  opposition to, an executive, legislative or administrative action;
correspondence by a member of the general public, or any
				  segment thereof, to an official's office in support of, or opposition to, an
				  executive, legislative or administrative action when such correspondence is a
				  result of a communication described above in this definition. A reportable
				  expenditure made for or on behalf of an official by a member of the general
				  public as a result of a grass roots lobbying communication shall constitute
				  lobbying activity requiring that individual to register as a lobbyist unless
				  that person reports the expenditure to the registered entity pursuant to
				  Section
				  560.325.
"Grass Roots Lobbying Event" means:
any organized activity sponsored by a registered entity that
				  is intended to influence the actions of officials by inviting or transporting
				  participants (e.g., members, employees, constituents or the general public) to
				  a specific site on the grounds of, or in the proximity of, public offices or
				  other meeting places where officials are expected to be accessible for grass
				  roots lobbying; or
any event to which officials are invited that is sponsored by
				  a non-lobbyist member or employee of a registered entity, e.g., an on-site
				  inspection of, or reception at, the member's or employee's place of business,
				  or a social gathering at any location. Reportable expenditures incurred as a
				  result of the event shall be reported to the registered entity pursuant to
				  Section 560.325.
"Honorarium" means a payment of money to a member of
				  the General Assembly for an appearance or speech, excluding any actual and
				  necessary travel expenses incurred by the member (and one relative) to the
				  extent that those expenses are paid by any other person.
[
				  5 ILCS 420/2-110
				  ]
"Influencing" means any communication, action, or
				  reportable expenditure 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 this
				  Section
.
(Section 2(f) of the Act)
"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.
(Section 2(h) of the
				  Act) It shall not include any correspondence or communication to an official
				  providing a response to an official's request.
"Lobby" and "Lobbying" means any communication with
				  an official of the executive or legislative branch of State government as
				  defined
in this Section
for the ultimate purpose of
				  influencing
any
executive, legislative or administrative
				  action
. (Section 2(e) of the Act) Lobbying shall not be construed to
				  infringe in any way the right of a citizen to lawfully petition any public
				  official by any means of communication. The following are excluded from the
				  definition of "lobbying":
Any grass roots lobbying communication as defined in this
				  Section;
Any communication by a candidate or political committee, as
				  defined in Article 9 of the Election Code [ 10 ILCS 5/9 ], in relation to the
				  candidate's campaign, or other communications by a political party committee
				  registered with the Illinois State Board of Elections or Federal Election
				  Commission;
Any communication by a political committee registered with
				  the Illinois State Board of Elections or Federal Election Commission in
				  connection with a question of public policy referendum to be presented to the
				  electors; and
Any professional or technical assistance or ministerial
				  function (a function in which nothing is left to discretion) as a normal course
				  of business (see Section
				  560.210(c),
				  (d), and (n)).
"Lobbyist" means any natural
				  person
who undertakes
to
				  lobby
State government
as defined in this Section.
				  (Section 2(j) of the Act)
"Lobbying
Entity
" means any entity
				  that hires, retains, employs or compensates a natural person to lobby State
				  government as provided
in this Section. (Section 2(k) of the
				  Act)
"Official" means:
The Governor, Lieutenant Governor, Secretary of
				  State, Attorney General, State Treasurer and State Comptroller and their Chiefs
				  of Staff;
Cabinet members of any elected constitutional
				  officer, including Directors, Assistant Directors and Chief Legal Counsel or
				  General Counsel,
and other position titles of comparable ranking that
				  are deemed by their employing Constitutional Officer to be an official under
				  this Part;
Members of the General Assembly; and
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
that has authority to make binding recommendations or
				  determinations
.
(Section 2(c) of the Act) (See Section
				  560.105 for
				  additional information.)
"Official" shall not be construed to include those
				  individuals possessing power of attorney on behalf of an official.
"Person" means any individual, firm, partnership,
				  committee, association, corporation or any other organization or group of
				  persons.
(Section 2(a) of the Act)
"Picture" means an original or photocopied photograph of a
				  lobbyist to be affixed to the lobbyist's registration attachment.
"Professional Services and Technical Skills" shall be limited
				  to advice and analysis directly applying any professional or technical
				  discipline (see Section
				  560.210(c) and
				  (d) ). Being a professional or technical
				  person does not in itself exempt a person from registering if that person
				  undertakes a direct lobbying communication or makes a reportable
				  expenditure.
"Sexual Harassment"
means any
				  unwelcome sexual advances or requests for sexual favors or any conduct of a
				  sexual nature when:
submission to such conduct is made either explicitly
				  or implicitly a term or condition of an individual's
				  employment;
submission to or rejection of that conduct by an
				  individual is used as the basis for employment decisions affecting such
				  individual; or
such conduct has the purpose or effect of
				  substantially interfering with an individual's work performance or creating an
				  intimidating, hostile, or offensive working environment.
For the purposes of this definition, the phrase
				  "working environment" is not limited to a physical location where an employee
				  is assigned to perform his or her duties and does not require an employment
				  relationship.
[ 5 ILCS 430/5.65(b) ]
"Vendor" means any person who sells or leases commodities,
				  equipment, or real estate to the State of Illinois.