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| [ Senate Amendment 001 ] |
91_SB1284enr SB1284 Enrolled LRB9108906EGfg 1 AN ACT in relation to voluntary contributions. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Voluntary Payroll Deductions Act of 1983 5 is amended by changing Sections 2, 3, 4, 5, and 8 and adding 6 Section 4.5 as follows: 7 (5 ILCS 340/2) (from Ch. 15, par. 502) 8 Sec. 2. Public policy. It is the public policy of this 9 State and the objective of this Act to lessen the burdens of 10 State government and of local communities in meeting needs of 11 human health and welfare; to provide a convenient channel 12 through which State employees and State annuitantspublic13servantsmay contribute to these efforts; to minimize or 14 eliminate disruption of the State workplace and costs to 15 State taxpayers that such fund-raising may entail; to serve 16 needs of human health and welfare; and to ensure that 17 recipient organizations are responsible in the uses of the 18 moneys so raised. 19 (Source: P.A. 90-487, eff. 8-17-97.) 20 (5 ILCS 340/3) (from Ch. 15, par. 503) 21 Sec. 3. Definitions. As used in this Act unless the 22 context otherwise requires: 23 (a) "Employee" means any regular officer or employee who 24 receives salary or wages for personal services rendered to 25 the State of Illinois, and includes an individual hired as an 26 employee by contract with that individual. 27 (b) "Qualified organization" means an organization 28 representing one or more benefiting agencies, which 29 organization is designated by the State Comptroller as 30 qualified to receive payroll deductions under this Act. An SB1284 Enrolled -2- LRB9108906EGfg 1 organization desiring to be designated as a qualified 2 organization shall: 3 (1) Submit written designations on forms approved 4 by the State Comptroller by 4,000 or more employees or 5 State annuitants, in which such employees or State 6 annuitants indicate that the organization is one for 7 which the employee or State annuitant intends to 8 authorize withholding. The forms shall require the name, 9 social security number, and employing State agency for 10 each employee. Upon notification by the Comptroller that 11 such forms have been approved, the organization shall, 12 within 30 days, notify in writing the Governor or his or 13 her designee of its intention to obtain the required 14 number of designations. Such organization shall have 12 15 months from that date,to obtain the necessary 16 designations. The signed forms and signatures on the 17 forms shall be subject to verification by the State 18 Comptroller; 19 (2) Certify that all benefiting agencies are tax 20 exempt under Section 501(c)(3) of the Internal Revenue 21 Code; 22 (3) Certify that all benefiting agencies are in 23 compliance with the Illinois Human Rights Act; 24 (4) Certify that all benefiting agencies are in 25 compliance with the Charitable Trust Act and the 26 Solicitation for Charity Act; 27 (5) Certify that all benefiting agencies actively 28 conduct health or welfare programs and provide services 29 to individuals directed at one or more of the following 30 common human needs within a community: service, research, 31 and education in the health fields; family and child care 32 services; protective services for children and adults; 33 services for children and adults in foster care; services 34 related to the management and maintenance of the home; SB1284 Enrolled -3- LRB9108906EGfg 1 day care services for adults; transportation services; 2 information, referral and counseling services; services 3 to eliminate illiteracy; the preparation and delivery of 4 meals; adoption services; emergency shelter care and 5 relief services; disaster relief services; safety 6 services; neighborhood and community organization 7 services; recreation services; social adjustment and 8 rehabilitation services; health support services; or a 9 combination of such services designed to meet the special 10 needs of specific groups, such as children and youth, the 11 ill and infirm, and the physically handicapped; and that 12 all such benefiting agencies provide the above described 13 services to individuals and their families in the 14 community and surrounding area in which the organization 15 conducts its fund drive, or that such benefiting agencies 16 provide relief to victims of natural disasters and other 17 emergencies on a where and as needed basis; 18 (6) Certify that the organization has disclosed the 19 percentage of the organization's total collected receipts 20 from employees or State annuitants that are distributed 21 to the benefiting agencies and the percentage of the 22 organization's total collected receipts from employees or 23 State annuitants that are expended for fund-raising and 24 overhead costs. These percentages shall be the same 25 percentage figures annually disclosed by the organization 26 to the Attorney General. The disclosure shall be made to 27 all solicited employees and State annuitants and shall be 28 in the form of a factual statement on all petitions and 29 in the campaign's brochures for employees and State 30 annuitantsemployee brochure; 31 (7) Certify that all benefiting agencies receiving 32 funds which the employee or State annuitant has requested 33 or designated for distribution to a particular community 34 and surrounding area use a majority of such funds SB1284 Enrolled -4- LRB9108906EGfg 1 distributed for services in the actual provision of 2 services in that community and surrounding area; 3 (8) Certify that neither it nor its member 4 organizations will solicit State employees for 5 contributions at their workplace, except pursuant to this 6 Act and the rules promulgated thereunder. Each qualified 7 organization, and each participating United Fund, is 8 encouraged to cooperate with all others and with all 9 State agencies and educational institutions so as to 10 simplify procedures, to resolve differences and to 11 minimize costs; 12 (9) Certify that it will pay its share of the 13 campaign costs and will comply with the Code of Campaign 14 Conduct as approved by the Governor or other agency as 15 designated by the Governor; and 16 (10) Certify that it maintains a year-round office, 17 the telephone number, and person responsible for the 18 operations of the organization in Illinois. That 19 information shall be provided to the State Comptroller at 20 the time the organization is seeking participation under 21 this Act. 22 Each qualified organization shall submit to the State 23 Comptroller between January 1 and March 1 of each year, a 24 statement that the organization is in compliance with all of 25 the requirements set forth in paragraphs (2) through (10). 26 The State Comptroller shall exclude any organization that 27 fails to submit the statement from the next solicitation 28 period. 29 In order to be designated as a qualified organization, 30 the organization shall have existed at least 2 years prior to 31 submitting the written designation forms required in 32 paragraph (1) and shall certify to the State Comptroller that 33 such organization has been providing services described in 34 paragraph (5) in Illinois. If the organization seeking SB1284 Enrolled -5- LRB9108906EGfg 1 designation represents more than one benefiting agency, it 2 need not have existed for 2 years but shall certify to the 3 State Comptroller that each of its benefiting agencies has 4 existed for at least 2 years prior to submitting the written 5 designation forms required in paragraph (1) and that each has 6 been providing services described in paragraph (5) in 7 Illinois. 8 Organizations which have met the requirements of this Act 9 shall be permitted to participate in the State and 10 Universities Combined Appeal as of January 1st of the year 11 immediately following their approval by the Comptroller. 12 Where the certifications described in paragraphs (2), 13 (3), (4), (5), (6), (7), (8), (9), and (10) above are made by 14 an organization representing more than one benefiting agency 15 they shall be based upon the knowledge and belief of such 16 qualified organization. Any qualified organization shall 17 immediately notify the State Comptroller in writing if the 18 qualified organization receives information or otherwise 19 believes that a benefiting agency is no longer in compliance 20 with the certification of the qualified organization. A 21 qualified organization representing more than one benefiting 22 agency shall thereafter withhold and refrain from 23 distributing to such benefiting agency those funds received 24 pursuant to this Act until the benefiting agency is again in 25 compliance with the qualified organization's certification. 26 The qualified organization shall immediately notify the State 27 Comptroller of the benefiting agency's resumed compliance 28 with the certification, based upon the qualified 29 organization's knowledge and belief, and shall pay over to 30 the benefiting agency those funds previously withheld. 31 The Comptroller shall, by February 1st of each year, so 32 notify any qualified organization that failed to receive at 33 least 500 payroll deduction pledges during each immediately 34 preceding solicitation period as set forth in Section 6. The SB1284 Enrolled -6- LRB9108906EGfg 1 notification shall give such qualified organization until 2 March 1st to provide the Comptroller with documentation that 3 the 500 deduction requirement has been met. On the basis of 4 all the documentation, the Comptroller shall, by March 15th 5 of each year, submit to the Governor or his or her designee, 6 or such other agency as may be determined by the Governor, a 7 list of all organizations which have met the 500 payroll 8 deduction requirement. Only those organizations which have 9 met such requirements, as well as the other requirements of 10 this Section, shall be permitted to solicit State employees 11 or State annuitants for voluntary contributions, and the 12 Comptroller shall discontinue withholding for any such 13 organization which fails to meet these requirements. 14 (c) "United Fund" means the organization conducting the 15 single, annual, consolidated effort to secure funds for 16 distribution to agencies engaged in charitable and public 17 health, welfare and services purposes, which is commonly 18 known as the United Fund, or the organization which serves in 19 place of the United Fund organization in communities where an 20 organization known as the United Fund is not organized. 21 In order for a United Fund to participate in the State 22 and Universities Employees Combined Appeal, it shall comply 23 with the provisions of paragraph (9) of subsection (b). 24 (d) "State and Universities Employees Combined Appeal" 25(SECA), otherwise known as "SECA", means the State-directed 26 joint effort of all of the qualified organizations, together 27 with the United Funds, for the solicitation of voluntary 28 contributions from State and University employees and State 29 annuitants. 30 (e) "Retirement system" means any or all of the 31 following: the General Assembly Retirement System, the State 32 Employees' Retirement System of Illinois, the State 33 Universities Retirement System, the Teachers' Retirement 34 System of the State of Illinois, and the Judges Retirement SB1284 Enrolled -7- LRB9108906EGfg 1 System. 2 (f) "State annuitant" means a person receiving an 3 annuity or disability benefit under Article 2, 14, 15, 16, or 4 18 of the Illinois Pension Code. 5 (Source: P.A. 90-487, eff. 8-17-97; 91-357, eff. 7-29-99; 6 91-533, eff. 8-13-99.) 7 (5 ILCS 340/4) (from Ch. 15, par. 504) 8 Sec. 4. Employee withholding. An employee may authorize 9 the withholding of a portion of his or her salary or wages 10 for contribution to a maximum number of 4 organizations 11 described in paragraphs (b) and (c) of Section 3 of this Act. 12 A department, board, body, agency or commission may direct 13 the State Comptroller to deduct, and the University of 14 Illinois, Southern Illinois University, Chicago State 15 University, Eastern Illinois University, Governors State 16 University, Illinois State University, Northeastern Illinois 17 University, Northern Illinois University, and Western 18 Illinois University may deduct, upon written request of a 19 State employee, for each regular payroll period, from the 20 salary or wages of the employee the amount specified in the 21 written request for payment to the organization designated by 22 the employee. The moneys so deducted shall be paid over 23 promptly to the organizations designated by the employee by 24 means of warrants drawn by the State Comptroller, the 25 University of Illinois, Southern Illinois University, Chicago 26 State University, Eastern Illinois University, Governors 27 State University, Illinois State University, Northeastern 28 Illinois University, Northern Illinois University, and 29 Western Illinois University, against the appropriation for 30 personal services of the department, board, body, agency or 31 commission by which such employee is employed. 32 Such deductions may be made notwithstanding that the 33 compensation paid in cash to such employee is thereby reduced SB1284 Enrolled -8- LRB9108906EGfg 1 below the minimum prescribed by law. Payment to such 2 employee of compensation less such deduction shall constitute 3 a full and complete discharge and acquittance of all claims 4 and demands whatsoever for the services rendered by such 5 employee during the period covered by such payment. 6 Such request for deduction may be withdrawn at any time 7 by filing a written notification of withdrawal with the 8 department, board, body, agency or commission, the University 9 of Illinois, Southern Illinois University, Chicago State 10 University, Eastern Illinois University, Governors State 11 University, Illinois State University, Northeastern Illinois 12 University, Northern Illinois University, or Western Illinois 13 University, by which such employee is employed. 14 (Source: P.A. 89-4, eff. 1-1-96.) 15 (5 ILCS 340/4.5 new) 16 Sec. 4.5. State annuitant withholding. A State annuitant 17 may authorize the withholding of a portion of his or her 18 annuity or disability benefit for contribution to a maximum 19 of 4 organizations described in paragraphs (b) and (c) of 20 Section 3 of this Act. Upon written request of a State 21 annuitant, a retirement system may deduct or direct the State 22 Comptroller to deduct from the annuity or disability benefit 23 of the State annuitant the amount specified in the written 24 request for payment to the organization designated by the 25 State annuitant. The retirement system may determine the 26 timing for the deductions based on the retirement system's 27 benefit processing schedule. The moneys so deducted shall be 28 paid over promptly to the organizations designated by the 29 State annuitant by means of warrants drawn by the retirement 30 system or the State Comptroller against the fund from which 31 the State annuitant is receiving his or her annuity or 32 disability benefit. 33 Withholding under this Section may be terminated by the SB1284 Enrolled -9- LRB9108906EGfg 1 State annuitant at any time by filing a written direction 2 with the retirement system. 3 Each retirement system may promulgate rules regarding the 4 administration of this Section with respect to persons 5 receiving an annuity or disability benefit from the 6 retirement system. 7 (5 ILCS 340/5) (from Ch. 15, par. 505) 8 Sec. 5. Rules; Advisory Committee. The State Comptroller 9 shall promulgate and issue reasonable rules and regulations 10 as deemed necessary for the administration of this Act. 11 However, all solicitations of State employees for 12 contributions at their workplace and all solicitations of 13 State annuitants for contributions shall be in accordance 14 with rules promulgated by the Governor or his or her designee 15 or other agency as may be designated by the Governor. All 16 solicitations of State annuitants for contributions shall 17 also be in accordance with the rules promulgated by the 18 applicable retirement system. 19 The rules promulgated by the Governor or his or her 20 designee or other agency as designated by the Governor shall 21 include a Code of Campaign Conduct that all qualified 22 organizations and United Funds shall subscribe to in writing, 23 sanctions for violations of the Code of Campaign Conduct, 24 provision for the handling of cash contributions, provision 25 for an Advisory Committee, provisions for the allocation of 26 expenses among the participating organizations, an 27 organizational plan and structure whereby responsibilities 28 are set forth for the appropriate State employees or State 29 annuitants and the participating organizations, and any other 30 matters that are necessary to accomplish the purposes of this 31 Act. 32 The Governor or the Governor's designee shall promulgate 33 rules to establish the composition and the duties of the SB1284 Enrolled -10- LRB9108906EGfg 1 Advisory Committee. The Governor or the Governor's designee 2 shall make appointments to the Advisory Committee. The 3 powers of the Advisory Committee shall include, at a minimum, 4 the ability to impose the sanctions authorized by rule. Each 5 State agency and each retirement system shall file an annual 6 report that sets forth, for the prior calendar year, (i) the 7 total amount of money contributed to each qualified 8 organization and united fund through both payroll deductions 9 and cash contributions, (ii) the number of employees or State 10 annuitants who have contributed to each qualified 11 organization and united fund, and (iii) any other information 12 required by the rules. The report shall not include the 13 names of any contributing or non-contributing employees or 14 State annuitantsemployee. The report shall be filed with 15 the Advisory Committee no later than March 15of each year16for the solicitation period immediately preceding the report. 17 The report shall be available for inspection. 18 Other constitutional officers, retirement systems, the 19 University of Illinois, Southern Illinois University, Chicago 20 State University, Eastern Illinois University, Governors 21 State University, Illinois State University, Northeastern 22 Illinois University, Northern Illinois University, and 23 Western Illinois University shall be governed by the rules 24 promulgated pursuant to this Section, unless such entities 25 adopt their own rules governing solicitation of contributions 26 at the workplace. 27 All rules promulgated pursuant to this Section shall not 28 discriminate against one or more qualified organizations or 29 United Funds. 30 (Source: P.A. 89-4, eff. 1-1-96; 90-799, eff. 6-1-99.) 31 (5 ILCS 340/8) 32 Sec. 8. Reports. 33 (a) The Comptroller shall annually prepare a report on SB1284 Enrolled -11- LRB9108906EGfg 1 the number of State and university employees and State 2 annuitants who have contributed to qualified organizations 3 and united funds under this Act during the prior calendar 4 year. The report shall set forth (i) the number of payroll 5 deductions received by each qualified organization and united 6 fund, (ii) the total amount of the contributions received by 7 each qualified organization and united fund, and (iii) the 8 State agencies,anduniversities, and retirement systems from 9 which the contributions were received. The report shall be 10 prepared no later than April 1 of each year and shall be 11 available to the public upon request. 12 (b) By March 1 of each year, each university shall 13 submit to the Comptroller a report containing the information 14 required for the preparation of the Comptroller's report 15 under subsection (a) with respect to that university and its 16 employees. 17 (c) By March 1 of each year, each retirement system 18 shall submit to the Comptroller a report containing the 19 information required for the preparation of the Comptroller's 20 report under subsection (a) with respect to that retirement 21 system and its participating State annuitants. The 22 Comptroller may waive this reporting requirement for any 23 retirement system if the Comptroller performs the retirement 24 processing for the retirement system. 25 (Source: P.A. 90-799, eff. 6-1-99.) 26 Section 99. Effective date. This Act takes effect upon 27 becoming law.