A. Registration: Any person who, for compensation or otherwise, undertakes to lobby, or any person or entity who employs or compensates another person for the purposes of lobbying, shall register with the Kane County Clerk, unless that person or entity qualifies for one or more of the exemptions listed under subsection (C).
B. Definitions:
1. “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 or as a consultant.
2. “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 (B)(1).
3. “Lobby” and “lobbying” means to communicate, including soliciting of others to communicate with an official as defined in subsection (B)(7) for the ultimate purpose of influencing any executive, legislative or administrative action at the county government level. Soliciting of others to communicate shall not include (i) the making of a grant by an organization recognized as text exempt under Section 501(c)(3) of the Internal Revenue Code made in accordance with Section 4945 and the regulations thereunder or (ii) a communication by an organization recognized as tax exempt under Section 501(c)(3) or 501 (c)(5) of the Internal Revenue Code to the public or a segment thereof or to its members to communicate with legislators, executives, or administrators with respect to a proposed action by legislature executive, or administrator.
4. “Influencing” means any communication action, reportable expenditure or other means used to promote, support, affect, modify, oppose or delay any County action or to promote goodwill with officials as defined in subsection (B)(7).
5. “Lobbyist” means any natural person who undertakes to lobby County government as provided in subsection (B)(3).
6. “Lobbying entity” means any entity that hires, retains, employs, or compensates a natural person to lobby State, municipal, county or township government as provided in subsection (B)(3).
7. “Official” means any County board members, countywide elected officials, and members of any board, commission, authority, or task force created by local ordinance.
8. “Board” means the Kane County Board and any and all of its standing, ad hoc or special committees or subcommittees.
9. “Person” means any individual, entity, firm, partnership, committee, association, corporation, or any other organization or group of persons.
10. “Authorized agent” means the person designated by an entity or lobbyist registered under this Ordinance as the person responsible for submission and retention of reports required under this Ordinance.
11. “Client” means any person or entity that provides compensation to a lobbyist to lobby State, municipal, county, or township government as provided in subsection (B)(3) of this Section.
12. “Client registrant” means the client who is required to register under this Ordinance.
13. “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.
14. “County” means County of Kane, Illinois.
15. “Consultant” means any natural person or entity who, for compensation, provides advisory services, including but not limited to, rendering opinions on or developing strategies for lobbying or influencing, to a lobbyist or lobbying entity for the ultimate purpose of influencing any executive, legislative, or administrative action. “Consultant” does not include (i) an employee of the lobbyist or lobbying entity or (ii) an attorney or law firm providing legal services, including drafting legislation or advising and rendering opinions to clients as to the construction and legal effect of proposed or pending legislation or any executive, legislative, or administrative action.
16. “Executive action” means the proposal, drafting, development, consideration, amendment, adoption, approval, promulgation, issuance, modification, rejection or postponement by a county entity of a rule, regulation, order, decision, determination, contractual arrangement, purchasing agreement or other quasi-legislative or quasi-judicial action or proceeding.
17. “Legislative action” means the development, drafting, introduction, consideration, modification, adoption, rejection, review, enactment or passage or defeat any bill, amendment, resolution, ordinance, report, nomination, administrative rule or other matter by either any county official or county employee. Legislative action also means the action of any county official or county employee in the development of the proposal for introduction before the Board.
18. “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 county official or county employee.
C. Persons Not Required to Register:
1. Persons or entities who, for the purpose of influencing any executive, legislative or administrative action and who do not make expenditures that are reportable pursuant to subsection (F) appear without compensation or promise thereof only as witnesses before a legislative committee for the purpose of explaining or arguing for or against the passage of or action upon any legislation, ordinance, or regulation then pending before the committee, or who seek compensation or promise thereof the approval or veto of any legislation or ordinance by the County Board.
2. A unit of local government, State government, or agencies, departments, commissions, boards, or task forces thereof.
3. An elected or appointed official or an employee of a unit of local government, who in the scope of his or her public office or employment, seeks to influence executive, legislative, or administrative action exclusively on behalf of that unit of local government.
4. Any full-time employee of a bona fide church or religious organization who represents that organization solely for the purpose of protecting the right of the members thereof to practice the religious doctrines of that church or religious organization, or any such bona fide church or religious organization.
5. Persons or entities who own, publish, or are employed by a newspaper or other regularly published periodical, or who own or are employed by a radio station, television station, or other bona fide news medium that in the ordinary course of business disseminates news, editorial or other comment, or paid advertisements that directly urge the passage or defeat of legislation. This exemption is not applicable to such an individual insofar as he or she receives additional compensation or expenses from some source other than the bona fide news medium for the purpose of influencing executive, legislative, or administrative action. This exemption does not apply to newspapers and periodicals owned by or published by trade associations and not-for-profit corporations engaged primarily in endeavors other than dissemination of news.
6. Persons or entities performing professional services in drafting ordinances or resolutions or in advising clients regarding the construction and effect of proposed or pending legislation when those professional services are not otherwise, directly or indirectly, connected with executive, legislative, or administrative action.
7. Persons or entities who are employees of departments, divisions, or agencies of county government for the purpose of explaining how the executive, legislative, or administrative action will affect those departments, divisions, or agencies of county government.
8. Employees of county legislators, legislative agencies, and legislative commission who, in the course of their official duties only, engage in activities that otherwise qualify as lobbying. Legislators whose activities are limited to occasional communications with an official of a unit of local government on behalf of their employer in the ordinary course of their non-public employment where (1) the primary duties of the employment are not to influence executive, legislative, or administrative action and (2) the legislator does not make any expenditures that are reportable pursuant to Section (F).
9. Persons or entities in possession of technical skills and knowledge of certain areas of executive, legislative, or administrative actions, whose skills and knowledge would be helpful to officials when considering those action, whose activities are limited to making occasional appearance for or communicating on behalf of a registrant, and who do not make expenditures that are reportable pursuant to subsection (F) even though receiving expense reimbursement for those occasional appearances.
10. Persons or entities that receive no compensation other than reimbursement for expenses of up to $500 per year while engaged in lobbying, unless those person make expenditures that are reportable under subsection (F).
11. Any attorney or group or firm of attorneys (1) in connection with the practice of law or (2) in the course of representing a client in relation to any administrative, judicial, quasi-judicial proceeding or any witness providing testimony in any administrative, judicial, or quasi-judicial proceeding and who does not make expenditures that are reportable pursuant Section (F).
12. Any attorney or group or firm of attorneys in the course of representing a client in an administrative or executive action involving a contractual or purchasing arrangement and who does not make expenditures that are reportable pursuant to Section (F).
13. Persons or entities who, in the scope of their employment as a vendor, offer or solicit an official for the purchase of any goods or services when (1) the solicitation is limited to either an oral inquiry or written advertisements and informative literature; or (2) the goods and services are subject to competitive bidding requirements; or (3) the goods and services are for sale at a cost not exceeding $5,000; and (4) the persons or entities do not make expenditures that are reportable under Section (F).
14. Any witness providing testimony in any administrative, judicial, or quasi-judicial proceeding.
D. Consultant. If, in the course of providing services as a consultant, the consultant communicates with an official on behalf of the lobbyist or lobbying entity for the ultimate purpose of influencing any executive, legislative, or administrative action, or makes an expenditure on behalf of or benefiting an official, the consultant shall register as a lobbyist within 2 business days of engaging in the communication with the official or making the expenditure benefiting the official.
E. Registration and Disclosure. Every person and every entity required to register under this Ordinance shall before any services is performed which requires the 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 Kane County Clerk a statement containing information with respect to each person or entity employing, retaining, or benefitting from the services of the natural person required to register. Every person required to registered under this ordinance shall annually submit the registration required by this ordinance on or before each January 31 containing the following information:
1. The registrants 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.
2. If the registrant is an entity, the information required under subsection (E)(1) 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.
3. 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.
4. 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 of the registrant on whose behalf the sub-registrant will be or is anticipated to be performing services.
5. If the registrant retains a consultant, the statement shall include the name and address of the consultant and identify the client or clients and each executive, legislative branch agency for which the consultant is to provide advisory services.
6. For those identified under (E)(3), (E)(4) and (E)(5) a brief description of the executive, legislative, or administrative action in reference to which such service is to be rendered.
7. Each executive and legislative branch agency of the County the registrant expects to lobby during the registration period.
8. Each elected or appointed public office in this State to be held by the registrant at any time during the registration period.
9. A confirmation that the registrant has a sexual harassment policy and 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.
F. Reports. Every person registered under this Ordinance shall file a report with the Kane County Clerk, under oath before a notary public, reporting expenditures related to lobbying, including any expenditures made by a consultant in performing services for the lobbying entity.
1. 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 date on which the expenditure occurred and the subject matter of the lobbying activity, if any.
2. Expenditures attributable to lobbying officials shall be listed and reported according to the following categories:
a. Travel and lodging on behalf of others, including, but not limited to, all travel and living accommodations made for or on behalf of county.
b. Meals, beverages, and other entertainment.
c. Gifts (indicating, which, if any, are on the basis of personal friendship).
d. Honoraria.
e. Any other thing or service of value not listed under categories a. through d. setting forth a description of the expenditure.
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 where there are 25 or more county 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.
4. Each individual expenditure required to be reported shall include all expenses made for or on behalf of county officials and members of the immediate family of those persons.
5. The following items need not be included in the report:
a. Reasonable and bona fide expenditures made by the registrant for personal sustenance, lodging, travel, office expenses and clerical or support staff.
b. Salaries, fees and other compensation paid to the registrant for purposes of lobbying.
c. Any contributions required to be reported under Article 9 of the Election Code.
d. Expenditures made by a registrant on behalf of an official that are returned or reimburse prior to the deadline for submission of the report.
6. Reports under this section must be filed semi-monthly.
7. Registrant shall preserve for a period of 2 years all receipts and records used in preparing reports.
8. Registrant who terminates employment or duties which required him to register under this ordinance shall give the Kane County Clerk, 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 date of termination of employment. Such notice and report shall be final and relieve such registrant of further reporting under this Ordinance, unless and until he takes employment or assumes duties requiring him to again register under this Ordinance.
G. Contingent Fee Prohibited. No person shall retain or employ another to lobby or provide services as a consultant with respect to any legislative, executive, or administrative action for compensation contingent in whole or in part upon the outcome of the action, and no person shall accept any such employment or render any such service for compensation contingent upon the outcome of County action.
H. Duties of the Clerk. It shall be duty of the Kane County Clerk to provide appropriate forms for the registration and reporting of information required by this Ordinance and to keep such registrations and reports on file in his or her office for three years from the date of filing. The Kane County Clerk shall also maintain a listing registered lobbyists. Such records and listings shall be considered public information and open to public inspection during normal business hours. The Kane County Clerk shall review all forms that are filed for completeness. The Kane County Clerk shall report all violations and suspected violations of this Ordinance to the State’s Attorney of Kane County.
I. Venue. Any violation of this Ordinance shall be prosecuted in the Circuit Court of the Sixteenth Judicial Circuit, Kane County, Illinois, by the State’s Attorney of Kane County.
J. Severability. If any section, division, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional, the decision shall not affect the validity of the remaining portions of this Ordinance.
K. Petition To Member Or Public Official. Nothing in this Ordinance shall be construed to infringe in any way the right of a citizen to lawfully petition a County Board member or any other county official as guaranteed by the constitutions of the United States and the State of Illinois.
L. Ethics Training. Any person required to register as a lobbyist under this Ordinance must complete a program of ethics training provided by the Secretary of State. Any person registered under this Ordinance must complete the training program before registration or renewal is deemed complete.
M. Harassment and Discrimination Prevention Training. Any person required to register as a lobbyist under this Ordinance must complete, at least annually, a harassment and discrimination prevention training program provided by the Secretary of State. Any person registered under this Ordinance must complete the training program before registration or renewal is deemed complete.
N. Penalties. Any person who violates any provision of this Ordinance, except for violation of (E)(9) and (M), shall be guilty of a business offense and shall be fined not more than five hundred dollars ($500.00) for each violation. Any person in violation of any provision of this ordinance is prohibited for a period of three years from the date of such conviction from lobbying.
1. Any person found guilty for failure to file any report within the time designated or the reporting of false or incomplete information shall constitute a violation of this ordinance. Every day that a report or registration is late shall constitute a separate violation.
2. It is a violation of this ordinance to engage in lobbying or to employ any person for the purpose of lobbying who is not registered with the Clerk, except upon condition that the person register and the person does in fact register within 2 business days after being employed or retained for lobbying services. (Ord. 22-93, 3-8-2022)
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