State Government Administration Committee

Adopted in House Comm. on May 04, 2005

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 780

2     AMENDMENT NO. ______. Amend Senate Bill 780 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Voluntary Payroll Deductions Act of 1983 is
5 amended by changing Section 3 as follows:
 
6     (5 ILCS 340/3)  (from Ch. 15, par. 503)
7     Sec. 3. Definitions. As used in this Act unless the context
8 otherwise requires:
9     (a) "Employee" means any regular officer or employee who
10 receives salary or wages for personal services rendered to the
11 State of Illinois, and includes an individual hired as an
12 employee by contract with that individual.
13     (b) "Qualified organization" means an organization
14 representing one or more benefiting agencies, which
15 organization is designated by the State Comptroller as
16 qualified to receive payroll deductions under this Act. An
17 organization desiring to be designated as a qualified
18 organization shall:
19         (1) Submit written designations on forms approved by
20     the State Comptroller by 4,000 or more employees or State
21     annuitants, in which such employees or State annuitants
22     indicate that the organization is one for which the
23     employee or State annuitant intends to authorize
24     withholding. The forms shall require the name, last 4

 

 

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1     digits only of the social security number, and employing
2     State agency for each employee. Upon notification by the
3     Comptroller that such forms have been approved, the
4     organization shall, within 30 days, notify in writing the
5     Governor or his or her designee of its intention to obtain
6     the required number of designations. Such organization
7     shall have 12 months from that date to obtain the necessary
8     designations and return to the State Comptroller's office
9     the completed designations, which shall be subject to
10     verification procedures established by the State
11     Comptroller;
12         (2) Certify that all benefiting agencies are tax exempt
13     under Section 501(c)(3) of the Internal Revenue Code;
14         (3) Certify that all benefiting agencies are in
15     compliance with the Illinois Human Rights Act;
16         (4) Certify that all benefiting agencies are in
17     compliance with the Charitable Trust Act and the
18     Solicitation for Charity Act;
19         (5) Certify that all benefiting agencies actively
20     conduct health or welfare programs and provide services to
21     individuals directed at one or more of the following common
22     human needs within a community: service, research, and
23     education in the health fields; family and child care
24     services; protective services for children and adults;
25     services for children and adults in foster care; services
26     related to the management and maintenance of the home; day
27     care services for adults; transportation services;
28     information, referral and counseling services; services to
29     eliminate illiteracy; the preparation and delivery of
30     meals; adoption services; emergency shelter care and
31     relief services; disaster relief services; safety
32     services; neighborhood and community organization
33     services; recreation services; social adjustment and
34     rehabilitation services; health support services; or a

 

 

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1     combination of such services designed to meet the special
2     needs of specific groups, such as children and youth, the
3     ill and infirm, and the physically handicapped; and that
4     all such benefiting agencies provide the above described
5     services to individuals and their families in the community
6     and surrounding area in which the organization conducts its
7     fund drive, or that such benefiting agencies provide relief
8     to victims of natural disasters and other emergencies on a
9     where and as needed basis;
10         (6) Certify that the organization has disclosed the
11     percentage of the organization's total collected receipts
12     from employees or State annuitants that are distributed to
13     the benefiting agencies and the percentage of the
14     organization's total collected receipts from employees or
15     State annuitants that are expended for fund-raising and
16     overhead costs. These percentages shall be the same
17     percentage figures annually disclosed by the organization
18     to the Attorney General. The disclosure shall be made to
19     all solicited employees and State annuitants and shall be
20     in the form of a factual statement on all petitions and in
21     the campaign's brochures for employees and State
22     annuitants;
23         (7) Certify that all benefiting agencies receiving
24     funds which the employee or State annuitant has requested
25     or designated for distribution to a particular community
26     and surrounding area use a majority of such funds
27     distributed for services in the actual provision of
28     services in that community and surrounding area;
29         (8) Certify that neither it nor its member
30     organizations will solicit State employees for
31     contributions at their workplace, except pursuant to this
32     Act and the rules promulgated thereunder. Each qualified
33     organization, and each participating United Fund, is
34     encouraged to cooperate with all others and with all State

 

 

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1     agencies and educational institutions so as to simplify
2     procedures, to resolve differences and to minimize costs;
3         (9) Certify that it will pay its share of the campaign
4     costs and will comply with the Code of Campaign Conduct as
5     approved by the Governor or other agency as designated by
6     the Governor; and
7         (10) Certify that it maintains a year-round office, the
8     telephone number, and person responsible for the
9     operations of the organization in Illinois. That
10     information shall be provided to the State Comptroller at
11     the time the organization is seeking participation under
12     this Act.
13     Each qualified organization shall submit to the State
14 Comptroller between January 1 and March 1 of each year, a
15 statement that the organization is in compliance with all of
16 the requirements set forth in paragraphs (2) through (10). The
17 State Comptroller shall exclude any organization that fails to
18 submit the statement from the next solicitation period.
19     In order to be designated as a qualified organization, the
20 organization shall have existed at least 2 years prior to
21 submitting the written designation forms required in paragraph
22 (1) and shall certify to the State Comptroller that such
23 organization has been providing services described in
24 paragraph (5) in Illinois. If the organization seeking
25 designation represents more than one benefiting agency, it need
26 not have existed for 2 years but shall certify to the State
27 Comptroller that each of its benefiting agencies has existed
28 for at least 2 years prior to submitting the written
29 designation forms required in paragraph (1) and that each has
30 been providing services described in paragraph (5) in Illinois.
31     Organizations which have met the requirements of this Act
32 shall be permitted to participate in the State and Universities
33 Combined Appeal as of January 1st of the year immediately
34 following their approval by the Comptroller.

 

 

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1     Where the certifications described in paragraphs (2), (3),
2 (4), (5), (6), (7), (8), (9), and (10) above are made by an
3 organization representing more than one benefiting agency they
4 shall be based upon the knowledge and belief of such qualified
5 organization. Any qualified organization shall immediately
6 notify the State Comptroller in writing if the qualified
7 organization receives information or otherwise believes that a
8 benefiting agency is no longer in compliance with the
9 certification of the qualified organization. A qualified
10 organization representing more than one benefiting agency
11 shall thereafter withhold and refrain from distributing to such
12 benefiting agency those funds received pursuant to this Act
13 until the benefiting agency is again in compliance with the
14 qualified organization's certification. The qualified
15 organization shall immediately notify the State Comptroller of
16 the benefiting agency's resumed compliance with the
17 certification, based upon the qualified organization's
18 knowledge and belief, and shall pay over to the benefiting
19 agency those funds previously withheld.
20     In order to qualify, a qualified organization must receive
21 250 deduction pledges from the immediately proceeding
22 solicitation period as set forth in Section 6. The Comptroller
23 shall, by February 1st of each year, so notify any qualified
24 organization that failed to receive the minimum deduction
25 requirement. at least 500 payroll deduction pledges during each
26 immediately preceding solicitation period as set forth in
27 Section 6. The notification shall give such qualified
28 organization until March 1st to provide the Comptroller with
29 documentation that the minimum 500 deduction requirement has
30 been met. On the basis of all the documentation, the
31 Comptroller shall, by March 15th of each year, submit to the
32 Governor or his or her designee, or such other agency as may be
33 determined by the Governor, a list of all organizations which
34 have met the minimum 500 payroll deduction requirement. Only

 

 

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1 those organizations which have met such requirements, as well
2 as the other requirements of this Section, shall be permitted
3 to solicit State employees or State annuitants for voluntary
4 contributions, and the Comptroller shall discontinue
5 withholding for any such organization which fails to meet these
6 requirements, except qualified organizations that received
7 deduction pledges during the 2004 solicitation period are
8 deemed to be qualified for the 2005 solicitation period.
9     (c) "United Fund" means the organization conducting the
10 single, annual, consolidated effort to secure funds for
11 distribution to agencies engaged in charitable and public
12 health, welfare and services purposes, which is commonly known
13 as the United Fund, or the organization which serves in place
14 of the United Fund organization in communities where an
15 organization known as the United Fund is not organized.
16     In order for a United Fund to participate in the State and
17 Universities Employees Combined Appeal, it shall comply with
18 the provisions of paragraph (9) of subsection (b).
19     (d) "State and Universities Employees Combined Appeal",
20 otherwise known as "SECA", means the State-directed joint
21 effort of all of the qualified organizations, together with the
22 United Funds, for the solicitation of voluntary contributions
23 from State and University employees and State annuitants.
24     (e) "Retirement system" means any or all of the following:
25 the General Assembly Retirement System, the State Employees'
26 Retirement System of Illinois, the State Universities
27 Retirement System, the Teachers' Retirement System of the State
28 of Illinois, and the Judges Retirement System.
29     (f) "State annuitant" means a person receiving an annuity
30 or disability benefit under Article 2, 14, 15, 16, or 18 of the
31 Illinois Pension Code.
32 (Source: P.A. 91-357, eff. 7-29-99; 91-533, eff. 8-13-99;
33 91-896, eff. 7-6-00; 92-634, eff. 7-11-02.)
 

 

 

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1     Section 99. Effective date. This Act takes effect upon
2 becoming law.".