Kavanagh v. County of Will

689 N.E.2d 299, 293 Ill. App. 3d 880, 228 Ill. Dec. 427
CourtAppellate Court of Illinois
DecidedDecember 30, 1997
Docket3-97-0292
StatusPublished
Cited by15 cases

This text of 689 N.E.2d 299 (Kavanagh v. County of Will) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kavanagh v. County of Will, 689 N.E.2d 299, 293 Ill. App. 3d 880, 228 Ill. Dec. 427 (Ill. Ct. App. 1997).

Opinion

PRESIDING JUSTICE LYTTON

delivered the opinion of the court:

Will County enacted an ordinance requiring local lobbyists to satisfy a number of reporting requirements. After a challenge to the ordinance was filed, the county filed declaratory judgment actions. The defendants filed motions to strike and dismiss, which the trial court granted. The county appeals, and the defendants cross-appeal. We affirm.

FACTS

The Will County Lobbyist Registration Ordinance was adopted in June 1996. According to the ordinance, lobbyists must file a registration statement and attach: copies of all written contracts with each client; a memorandum of all oral agreements with each client; a statement of the lobbyist’s compensation from each client; and a report of "all expenditures made by [the registrant], or by his or her family members or personal business to or for the benefit of a county official, a county employee, any family member of such official or employee, or any political organization.” Will County Lobbyist Registratian Ordinance (June 1996). Lobbyists failing to meet these requirements are subject to fines of $500 and are barred from lobbying in the county for three years.

The defendants in this case are attorney Richard J. Kavanagh, and three law firms, Herschbach, Tracy, Johnson, Bertani & Wilson; Dunn, Martin & Miller, Ltd.; and Herbolsheimer, Lannon, Henson, Duncan & Reagan, P.C. All of the defendants filed registration statements as lobbyists in Will County.

Attorney Kavanagh filed a complaint challenging the validity of the ordinance. Will County filed a cross-complaint against Kavanagh, as well as complaints against the other defendants, seeking a declaratory judgment that it had the statutory authority to adopt and enforce the ordinance. The cases were subsequently consolidated in the trial court.

The defendants filed motions to strike and dismiss the county’s complaint and cross-complaint. The trial court granted the defendants’ motions, finding portions of the ordinance ultra vires and void. The county filed a timely notice of appeal, and the defendants cross-appeal.

DISCUSSION

I

Will County argues that the State Lobbyist Registration Act (Act) (25 ILCS 170/1 et seq. (West 1996)) grants it the power to establish requirements for local lobbyists that are not contained in the Act. The county asserts that because the Act does not require local ordinances to be identical to the Act, but only "similar” to it, local agencies have the power to establish additional requirements for lobbyists. The defendants, on the other hand, argue that the county’s complaint and cross-complaint should be dismissed because the county did not have authority under the Act to adopt some of the requirements in the ordinance. Both parties agree that statutory construction of the Act is critical to the resolution of this case.

Because a motion to dismiss presents only questions of law, a trial court’s dismissal order is reviewed de nova. Grant v. Board of Trustees of Valley View School District No. 365-TJ, 286 Ill. App. 3d 642, 644, 676 N.E.2d 705, 707 (1997). Thus, we must determine whether, under the facts alleged in the complaint, the county is entitled to the relief requested. See Denkewalter v. Wolberg, 82 Ill. App. 3d 569, 571, 402 N.E.2d 885, 887-88 (1980).

The primary goal of statutory construction is to effectuate the language and intent of the legislature. People v. Hicks, 164 Ill. 2d 218, 222, 647 N.E.2d 257, 259 (1995). Statutory language must be given its plain and ordinary meaning. Hicks, 164 Ill. 2d at 222, 647 N.E.2d at 259. Statutes must be construed to avoid absurd, unreasonable, unjust or inconvenient results. Collins v. Board of Trustees of the Firemen’s Annuity & Benefit Fund, 155 Ill. 2d 103,110, 610 N.E.2d 1250, 1253 (1993).

In this case, we must look to the language of the Act. The Act grants local governing bodies the authority to "adopt an ordinance or resolution regulating lobbying activities *** that imposes requirements similar to those imposed by this Act.” 25 ILCS 170/11.2 (West 1996). Thus, the ordinance is valid if it is "similar” to the Act. See 25 ILCS 170/11.2 (West 1996).

"Similar” is defined as "alike in substance or essentials.” Webster’s Third New International Dictionary 2120 (1986). Black’s Law Dictionary defines "similar” as "[njearly corresponding; resembling in many respects” and states that "in some cases 'similar’ may mean identical or exactly alike.” Black’s Law Dictionary 1240 (5th ed. 1979).

By using the word "similar” the Act permits local authorities to enact legislation that is not identical to it. However, the Act cannot be construed to grant local bodies plenary power to adopt requirements that differ in substance or in essential elements. Thus, we must compare the Act and the county ordinance.

The ordinance requires registrants to file: (1) copies of any written client contracts and summaries of any oral agreements; (2) a disclosure of the registrant’s compensation for lobbying activities; (3) a disclosure of all expenditures made by the registrant and the registrant’s family and personal business to county officials or employees or their family members, or to any political organization; and (4) a disclosure of the name of each person lobbied and a description of "the county matter involved.” Will County Lobbyist Registration Ordinance (June 1996). In contrast, the Act specifically states that lobbyists’ compensation and election contributions need not be reported (25 ILCS 170/6(b) (West 1996)). The Act also does not contain any disclosure requirements for client agreements, the identity of persons lobbied, or the matters involved.

This comparison reveals several substantive differences between the Act and the ordinance. The additional requirements in the ordinance are substantially more intrusive than those in the Act, and some are in direct conflict with provisions in the Act. For instance, the ordinance requires the reporting of lobbyists’ compensation and election contributions, which are specifically excluded by the Act (25 ILCS 170/6(b) (West 1996)).

The additional mandates of the ordinance are not minor modificatians of the Act and do not simply fill in details to suit local circumstances and procedural variations. Because these provisions cannot be considered "similar” to the Act, the county did not have the power to adopt them. We agree with the trial court that requirements added by the ordinance are ultra vires and void.

II

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Bluebook (online)
689 N.E.2d 299, 293 Ill. App. 3d 880, 228 Ill. Dec. 427, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kavanagh-v-county-of-will-illappct-1997.