Practices: State Government

Governmental activity will affect most organizations at some point in time. To protect and advance your interests, you need skilled, knowledgeable and vigilant representation in the legislative, regulatory and administrative arenas. Whether your concerns are industry specific or broad and policy based, Ungaretti & Harris offers the complete representation you need at the state government level.

Complete Representation

Ungaretti & Harris counts among its attorneys individuals who have held elected office and government positions on both sides of the aisle. Our attorneys are familiar with the rules, procedures and inner workings of state government, as well as with the key players, and we maintain a Springfield office. We provide the following services, among many others, for a wide range of clients:

• Strategic advice and planning;
• Legislative monitoring;
• Legislative and regulatory drafting;
• Direct lobbying and advocacy;
• Message development;
• Drafting policy and position papers;
• Contract drafting and negotiation; and
• Legal counseling on matters such as the constitutionality of laws and regulations, administrative law and procedure, procurement and government contracts, ethics, compliance and lobbying.

To ensure that the most cost effective and appropriate resources and solutions are considered and made available to you, our attorneys work closely with and include attorneys from our other departments and disciplines. These attorneys are familiar with and have had extensive litigation experience with constitutional issues, ranging from the Supremacy and Commerce Clause and Twenty-first Amendment of the United States Constitution to the Illinois Constitution’s special legislation, single subject, signed bill, equal protection, uniformity, home rule, public trust, public purpose and severability clauses.

Industry Concerns

Ungaretti & Harris has in-depth experience in a wide variety of areas, including:

• Healthcare: Providing comprehensive advice on the rules of and proceedings before the Illinois Health Facilities Planning Board and certification and planning boards nationwide concerning certificates of need, merger and acquisition approval, medical staff issues, and patient care controversies; advising on charity care and tax exemption issues and legislation.
• Liquor: Representing liquor wholesalers and working with other industry groups as well as regulators on legislation to conform Illinois law to recent United States Supreme Court decisions regarding interstate and in-state wine sales, advocating on behalf of beer and wine wholesalers in Illinois, Wisconsin and other states to secure distributor franchisee legislation and preserve the traditional multi-tier distribution system.
• Medicaid: Counseling government provider hospital in obtaining all federal funds to which it was entitled under federal law.
• Telecommunications: Representing a major wireless telecommunications company in legislative negotiations that eventually kept a complex and negative “consumer rights” bill from being brought to the floor of the Illinois legislature.
• Sports: Helping professional sports teams (including the Chicago Blackhawks, Bulls and White Sox) and governing authorities (such as the Illinois Sports Facilities Authority) secure legislative authorization for public financing of new stadiums, including special valuation rules for real estate taxation.
• Gaming: Advocating for licensee corporations and casino operators before the Illinois Gaming Board (particularly in matters of riverboat gaming license approval and regulation) and other state agencies.

Policy Issues

Your business has a direct stake in the policy decisions made and regulatory actions taken by a wide range of state government entities. These are just a few examples of how we can work on your behalf at the state government policy level.

• Economic Development: Helping business and nonprofit organizations (including museums, educational institutions and cultural organizations) work with such state agencies as the Department of Commerce and Economic Opportunity and the Illinois Finance Authority for economic development financing, grants and tax exempt bond issues.
• Economic Incentives: Identifying, negotiation and drafting and working with state agencies on state economic incentives.
• Environmental: Negotiating and mitigating cleanup orders and civil and criminal enforcement actions brought against clients by the Illinois Environmental Protection Agency and similar agencies in other states.
• Labor and Employment: Defending employers against allegations of discrimination by age, race, gender, disability, religion, in actions before the Illinois Department of Human Rights and similar state agencies across the country.
• Taxation: Working with senior administrators at the Illinois Department of Revenue and tax authorities in other states to ensure continuity of tax-exempt status for property or sales tax purposes (sometimes triggered by merger, reorganization or acquisition), including dealing with Certificate of Error filings and hearings before the Department’s Board of Review to get exemptions reinstated.
• Eminent Domain: Counseling regarding recent changes to and current state of the law and representing both municipalities and property owners in disputes and litigation.
• Ethics/Procurement/Lobbying Laws: Counseling both private and public sector clients regarding recent changes to and interpretations of and interplay of Illinois and federal law.

Strong Voice

Regardless of the type of organization, your survival and success can depend on timely, strategic advice and a strong and effective voice. That takes expertise and intimate knowledge of the people and processes involved in state government. Ungaretti & Harris lawyers have that expertise and knowledge and will work, both outside and inside Springfield, to identify and prevent problems before they develop, to advance your interests, and to keep you current on legislative, administrative and regulatory developments that will impact you and your business.

We recognize that some matters require extraordinary discretion while others necessarily involve close cooperation with public relations firms to manage grass roots lobbying efforts that can produce widespread constituent involvement with government. One size does not fit all – and we listen closely to tailor an approach with the best fit and opportunity for success for our clients.