State of Illinois
91st General Assembly
Legislation

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[ Introduced ][ Enrolled ][ House Amendment 001 ]
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91_SB1284eng

 
SB1284 Engrossed                               LRB9108906EGfg

 1        AN ACT to amend the Voluntary Payroll Deductions  Act  of
 2    1983.

 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 Sections 3 and 8 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
 
SB1284 Engrossed            -2-                LRB9108906EGfg
 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
 
SB1284 Engrossed            -3-                LRB9108906EGfg
 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
 
SB1284 Engrossed            -4-                LRB9108906EGfg
 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
 
SB1284 Engrossed            -5-                LRB9108906EGfg
 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
 
SB1284 Engrossed            -6-                LRB9108906EGfg
 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        (5 ILCS 340/8)
14        Sec. 8.  Reports.
15        (a)  The  Comptroller  shall annually prepare a report on
16    the  number  of  State  and  university  employees  who  have
17    contributed to qualified organizations and united funds under
18    this Act.  The report shall  set  forth  (i)  the  number  of
19    payroll  deductions  received  by each qualified organization
20    and united fund, (ii) the total amount of  the  contributions
21    received  by each qualified organization and united fund, and
22    (iii) the State agencies  and  universities  from  which  the
23    contributions were received.  The report shall be prepared no
24    later than April 1 of each year and shall be available to the
25    public upon request.
26        (b)  By  March  1  of  each  year,  each university shall
27    submit to the Comptroller a report containing the information
28    required for the  preparation  of  the  Comptroller's  report
29    under  subsection (a) with respect to that university and its
30    employees.
31    (Source: P.A. 90-799, eff. 6-1-99.)

32        Section 99. Effective date.  This Act takes  effect  upon
 
SB1284 Engrossed            -7-                LRB9108906EGfg
 1    becoming law.

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