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| [ Engrossed ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ Senate Amendment 001 ] |
91_SB1284
LRB9108906EGfg
1 AN ACT to amend the Voluntary Payroll Deductions Act of
2 1983 by changing Section 3.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Voluntary Payroll Deductions Act of 1983
6 is amended by changing Section 3 as follows:
7 (5 ILCS 340/3) (from Ch. 15, par. 503)
8 Sec. 3. Definitions. As used in this Act unless the
9 context otherwise requires:
10 (a) "Employee" means any regular officer or employee who
11 receives salary or wages for personal services rendered to
12 the State of Illinois, and includes an individual hired as an
13 employee by contract with that individual.
14 (b) "Qualified organization" means an organization
15 representing one or more benefiting agencies, which
16 organization is designated by the State Comptroller as
17 qualified to receive payroll deductions under this Act. An
18 organization desiring to be designated as a qualified
19 organization shall:
20 (1) Submit written designations on forms approved
21 by the State Comptroller by 4,000 or more employees, in
22 which such employees indicate that the organization is
23 one for which the employee intends to authorize
24 withholding. The forms shall require the name, social
25 security number, and employing State agency for each
26 employee. Upon notification by the Comptroller that such
27 forms have been approved, the organization shall, within
28 30 days, notify in writing the Governor or his designee
29 of its intention to obtain the required number of
30 designations. Such organization shall have 12 months
31 from that date, to obtain the necessary designations. The
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1 signed forms and signatures on the forms shall be subject
2 to verification by the State Comptroller;
3 (2) Certify that all benefiting agencies are tax
4 exempt under Section 501(c)(3) of the Internal Revenue
5 Code;
6 (3) Certify that all benefiting agencies are in
7 compliance with the Illinois Human Rights Act;
8 (4) Certify that all benefiting agencies are in
9 compliance with the Charitable Trust Act and the
10 Solicitation for Charity Act;
11 (5) Certify that all benefiting agencies actively
12 conduct health or welfare programs and provide services
13 to individuals directed at one or more of the following
14 common human needs within a community: service, research,
15 and education in the health fields; family and child care
16 services; protective services for children and adults;
17 services for children and adults in foster care; services
18 related to the management and maintenance of the home;
19 day care services for adults; transportation services;
20 information, referral and counseling services; services
21 to eliminate illiteracy; the preparation and delivery of
22 meals; adoption services; emergency shelter care and
23 relief services; disaster relief services; safety
24 services; neighborhood and community organization
25 services; recreation services; social adjustment and
26 rehabilitation services; health support services; or a
27 combination of such services designed to meet the special
28 needs of specific groups, such as children and youth, the
29 ill and infirm, and the physically handicapped; and that
30 all such benefiting agencies provide the above described
31 services to individuals and their families in the
32 community and surrounding area in which the organization
33 conducts its fund drive, or that such benefiting agencies
34 provide relief to victims of natural disasters and other
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1 emergencies on a where and as needed basis;
2 (6) Certify that the organization has disclosed the
3 percentage of the organization's total collected receipts
4 from employees that are distributed to the benefiting
5 agencies and the percentage of the organization's total
6 collected receipts from employees that are expended for
7 fund-raising and overhead costs. These percentages shall
8 be the same percentage figures annually disclosed by the
9 organization to the Attorney General. The disclosure
10 shall be made to all solicited employees and shall be in
11 the form of a factual statement on all petitions and in
12 the campaign's employee brochure;
13 (7) Certify that all benefiting agencies receiving
14 funds which the employee has requested or designated for
15 distribution to a particular community and surrounding
16 area use a majority of such funds distributed for
17 services in the actual provision of services in that
18 community and surrounding area;
19 (8) Certify that neither it nor its member
20 organizations will solicit State employees for
21 contributions at their workplace, except pursuant to this
22 Act and the rules promulgated thereunder. Each qualified
23 organization, and each participating United Fund, is
24 encouraged to cooperate with all others and with all
25 State agencies and educational institutions so as to
26 simplify procedures, to resolve differences and to
27 minimize costs;
28 (9) Certify that it will pay its share of the
29 campaign costs and will comply with the Code of Campaign
30 Conduct as approved by the Governor or other agency as
31 designated by the Governor; and
32 (10) Certify that it maintains a year-round office,
33 the telephone number, and person responsible for the
34 operations of the organization in Illinois. That
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1 information shall be provided to the State Comptroller at
2 the time the organization is seeking participation under
3 this Act.
4 Each qualified organization shall submit to the State
5 Comptroller between January 1 and March 1 of each year, a
6 statement that the organization is in compliance with all of
7 the requirements set forth in paragraphs (2) through (10).
8 The State Comptroller shall exclude any organization that
9 fails to submit the statement from the next solicitation
10 period.
11 In order to be designated as a qualified organization,
12 the organization shall have existed at least 2 years prior to
13 submitting the written designation forms required in
14 paragraph (1) and shall certify to the State Comptroller that
15 such organization has been providing services described in
16 paragraph (5) in Illinois. If the organization seeking
17 designation represents more than one benefiting agency, it
18 need not have existed for 2 years but shall certify to the
19 State Comptroller that each of its benefiting agencies has
20 existed for at least 2 years prior to submitting the written
21 designation forms required in paragraph (1) and that each has
22 been providing services described in paragraph (5) in
23 Illinois.
24 Organizations which have met the requirements of this Act
25 shall be permitted to participate in the State and
26 Universities Combined Appeal as of January 1st of the year
27 immediately following their approval by the Comptroller.
28 Where the certifications described in paragraphs (2),
29 (3), (4), (5), (6), (7), (8), (9), and (10) above are made by
30 an organization representing more than one benefiting agency
31 they shall be based upon the knowledge and belief of such
32 qualified organization. Any qualified organization shall
33 immediately notify the State Comptroller in writing if the
34 qualified organization receives information or otherwise
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1 believes that a benefiting agency is no longer in compliance
2 with the certification of the qualified organization. A
3 qualified organization representing more than one benefiting
4 agency shall thereafter withhold and refrain from
5 distributing to such benefiting agency those funds received
6 pursuant to this Act until the benefiting agency is again in
7 compliance with the qualified organization's certification.
8 The qualified organization shall immediately notify the State
9 Comptroller of the benefiting agency's resumed compliance
10 with the certification, based upon the qualified
11 organization's knowledge and belief, and shall pay over to
12 the benefiting agency those funds previously withheld.
13 The Comptroller shall, by February 1st of each year, so
14 notify any qualified organization that failed to receive at
15 least 500 payroll deduction pledges during each immediately
16 preceding solicitation period as set forth in Section 6. The
17 notification shall give such qualified organization until
18 March 1st to provide the Comptroller with documentation that
19 the 500 deduction requirement has been met. On the basis of
20 all the documentation, the Comptroller shall, by March 15th
21 of each year, submit to the Governor or his designee, or such
22 other agency as may be determined by the Governor, a list of
23 all organizations which have met the 500 payroll deduction
24 requirement. Only those organizations which have met such
25 requirements, as well as the other requirements of this
26 Section, shall be permitted to solicit State employees for
27 voluntary contributions and the Comptroller shall discontinue
28 withholding for any such organization which fails to meet
29 these requirements.
30 (c) "United Fund" means the organization conducting the
31 single, annual, consolidated effort to secure funds for
32 distribution to agencies engaged in charitable and public
33 health, welfare and services purposes, which is commonly
34 known as the United Fund, or the organization which serves in
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1 place of the United Fund organization in communities where an
2 organization known as the United Fund is not organized.
3 (d) "State and Universities Employees Combined Appeal"
4 (SECA), otherwise known as "SECA", means the State-directed
5 joint effort of all of the qualified organizations, together
6 with the United Funds, for the solicitation of voluntary
7 contributions from State and University employees.
8 In order for a United Fund to participate in the State
9 and Universities Employees Combined Appeal, it shall comply
10 with the provisions of paragraph (9) of subsection (b).
11 (Source: P.A. 90-487, eff. 8-17-97; 91-357, eff. 7-29-99;
12 91-533, eff. 8-13-99.)
13 Section 99. Effective date. This Act takes effect upon
14 becoming law.