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Public Act 91-0896
SB1284 Enrolled LRB9108906EGfg
AN ACT in relation to voluntary contributions.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Voluntary Payroll Deductions Act of 1983
is amended by changing Sections 2, 3, 4, 5, and 8 and adding
Section 4.5 as follows:
(5 ILCS 340/2) (from Ch. 15, par. 502)
Sec. 2. Public policy. It is the public policy of this
State and the objective of this Act to lessen the burdens of
State government and of local communities in meeting needs of
human health and welfare; to provide a convenient channel
through which State employees and State annuitants public
servants may contribute to these efforts; to minimize or
eliminate disruption of the State workplace and costs to
State taxpayers that such fund-raising may entail; to serve
needs of human health and welfare; and to ensure that
recipient organizations are responsible in the uses of the
moneys so raised.
(Source: P.A. 90-487, eff. 8-17-97.)
(5 ILCS 340/3) (from Ch. 15, par. 503)
Sec. 3. Definitions. As used in this Act unless the
context otherwise requires:
(a) "Employee" means any regular officer or employee who
receives salary or wages for personal services rendered to
the State of Illinois, and includes an individual hired as an
employee by contract with that individual.
(b) "Qualified organization" means an organization
representing one or more benefiting agencies, which
organization is designated by the State Comptroller as
qualified to receive payroll deductions under this Act. An
organization desiring to be designated as a qualified
organization shall:
(1) Submit written designations on forms approved
by the State Comptroller by 4,000 or more employees or
State annuitants, in which such employees or State
annuitants indicate that the organization is one for
which the employee or State annuitant intends to
authorize withholding. The forms shall require the name,
social security number, and employing State agency for
each employee. Upon notification by the Comptroller that
such forms have been approved, the organization shall,
within 30 days, notify in writing the Governor or his or
her designee of its intention to obtain the required
number of designations. Such organization shall have 12
months from that date, to obtain the necessary
designations. The signed forms and signatures on the
forms shall be subject to verification by the State
Comptroller;
(2) Certify that all benefiting agencies are tax
exempt under Section 501(c)(3) of the Internal Revenue
Code;
(3) Certify that all benefiting agencies are in
compliance with the Illinois Human Rights Act;
(4) Certify that all benefiting agencies are in
compliance with the Charitable Trust Act and the
Solicitation for Charity Act;
(5) Certify that all benefiting agencies actively
conduct health or welfare programs and provide services
to individuals directed at one or more of the following
common human needs within a community: service, research,
and education in the health fields; family and child care
services; protective services for children and adults;
services for children and adults in foster care; services
related to the management and maintenance of the home;
day care services for adults; transportation services;
information, referral and counseling services; services
to eliminate illiteracy; the preparation and delivery of
meals; adoption services; emergency shelter care and
relief services; disaster relief services; safety
services; neighborhood and community organization
services; recreation services; social adjustment and
rehabilitation services; health support services; or a
combination of such services designed to meet the special
needs of specific groups, such as children and youth, the
ill and infirm, and the physically handicapped; and that
all such benefiting agencies provide the above described
services to individuals and their families in the
community and surrounding area in which the organization
conducts its fund drive, or that such benefiting agencies
provide relief to victims of natural disasters and other
emergencies on a where and as needed basis;
(6) Certify that the organization has disclosed the
percentage of the organization's total collected receipts
from employees or State annuitants that are distributed
to the benefiting agencies and the percentage of the
organization's total collected receipts from employees or
State annuitants that are expended for fund-raising and
overhead costs. These percentages shall be the same
percentage figures annually disclosed by the organization
to the Attorney General. The disclosure shall be made to
all solicited employees and State annuitants and shall be
in the form of a factual statement on all petitions and
in the campaign's brochures for employees and State
annuitants employee brochure;
(7) Certify that all benefiting agencies receiving
funds which the employee or State annuitant has requested
or designated for distribution to a particular community
and surrounding area use a majority of such funds
distributed for services in the actual provision of
services in that community and surrounding area;
(8) Certify that neither it nor its member
organizations will solicit State employees for
contributions at their workplace, except pursuant to this
Act and the rules promulgated thereunder. Each qualified
organization, and each participating United Fund, is
encouraged to cooperate with all others and with all
State agencies and educational institutions so as to
simplify procedures, to resolve differences and to
minimize costs;
(9) Certify that it will pay its share of the
campaign costs and will comply with the Code of Campaign
Conduct as approved by the Governor or other agency as
designated by the Governor; and
(10) Certify that it maintains a year-round office,
the telephone number, and person responsible for the
operations of the organization in Illinois. That
information shall be provided to the State Comptroller at
the time the organization is seeking participation under
this Act.
Each qualified organization shall submit to the State
Comptroller between January 1 and March 1 of each year, a
statement that the organization is in compliance with all of
the requirements set forth in paragraphs (2) through (10).
The State Comptroller shall exclude any organization that
fails to submit the statement from the next solicitation
period.
In order to be designated as a qualified organization,
the organization shall have existed at least 2 years prior to
submitting the written designation forms required in
paragraph (1) and shall certify to the State Comptroller that
such organization has been providing services described in
paragraph (5) in Illinois. If the organization seeking
designation represents more than one benefiting agency, it
need not have existed for 2 years but shall certify to the
State Comptroller that each of its benefiting agencies has
existed for at least 2 years prior to submitting the written
designation forms required in paragraph (1) and that each has
been providing services described in paragraph (5) in
Illinois.
Organizations which have met the requirements of this Act
shall be permitted to participate in the State and
Universities Combined Appeal as of January 1st of the year
immediately following their approval by the Comptroller.
Where the certifications described in paragraphs (2),
(3), (4), (5), (6), (7), (8), (9), and (10) above are made by
an organization representing more than one benefiting agency
they shall be based upon the knowledge and belief of such
qualified organization. Any qualified organization shall
immediately notify the State Comptroller in writing if the
qualified organization receives information or otherwise
believes that a benefiting agency is no longer in compliance
with the certification of the qualified organization. A
qualified organization representing more than one benefiting
agency shall thereafter withhold and refrain from
distributing to such benefiting agency those funds received
pursuant to this Act until the benefiting agency is again in
compliance with the qualified organization's certification.
The qualified organization shall immediately notify the State
Comptroller of the benefiting agency's resumed compliance
with the certification, based upon the qualified
organization's knowledge and belief, and shall pay over to
the benefiting agency those funds previously withheld.
The Comptroller shall, by February 1st of each year, so
notify any qualified organization that failed to receive at
least 500 payroll deduction pledges during each immediately
preceding solicitation period as set forth in Section 6. The
notification shall give such qualified organization until
March 1st to provide the Comptroller with documentation that
the 500 deduction requirement has been met. On the basis of
all the documentation, the Comptroller shall, by March 15th
of each year, submit to the Governor or his or her designee,
or such other agency as may be determined by the Governor, a
list of all organizations which have met the 500 payroll
deduction requirement. Only those organizations which have
met such requirements, as well as the other requirements of
this Section, shall be permitted to solicit State employees
or State annuitants for voluntary contributions, and the
Comptroller shall discontinue withholding for any such
organization which fails to meet these requirements.
(c) "United Fund" means the organization conducting the
single, annual, consolidated effort to secure funds for
distribution to agencies engaged in charitable and public
health, welfare and services purposes, which is commonly
known as the United Fund, or the organization which serves in
place of the United Fund organization in communities where an
organization known as the United Fund is not organized.
In order for a United Fund to participate in the State
and Universities Employees Combined Appeal, it shall comply
with the provisions of paragraph (9) of subsection (b).
(d) "State and Universities Employees Combined Appeal"
(SECA), otherwise known as "SECA", means the State-directed
joint effort of all of the qualified organizations, together
with the United Funds, for the solicitation of voluntary
contributions from State and University employees and State
annuitants.
(e) "Retirement system" means any or all of the
following: the General Assembly Retirement System, the State
Employees' Retirement System of Illinois, the State
Universities Retirement System, the Teachers' Retirement
System of the State of Illinois, and the Judges Retirement
System.
(f) "State annuitant" means a person receiving an
annuity or disability benefit under Article 2, 14, 15, 16, or
18 of the Illinois Pension Code.
(Source: P.A. 90-487, eff. 8-17-97; 91-357, eff. 7-29-99;
91-533, eff. 8-13-99.)
(5 ILCS 340/4) (from Ch. 15, par. 504)
Sec. 4. Employee withholding. An employee may authorize
the withholding of a portion of his or her salary or wages
for contribution to a maximum number of 4 organizations
described in paragraphs (b) and (c) of Section 3 of this Act.
A department, board, body, agency or commission may direct
the State Comptroller to deduct, and the University of
Illinois, Southern Illinois University, Chicago State
University, Eastern Illinois University, Governors State
University, Illinois State University, Northeastern Illinois
University, Northern Illinois University, and Western
Illinois University may deduct, upon written request of a
State employee, for each regular payroll period, from the
salary or wages of the employee the amount specified in the
written request for payment to the organization designated by
the employee. The moneys so deducted shall be paid over
promptly to the organizations designated by the employee by
means of warrants drawn by the State Comptroller, the
University of Illinois, Southern Illinois University, Chicago
State University, Eastern Illinois University, Governors
State University, Illinois State University, Northeastern
Illinois University, Northern Illinois University, and
Western Illinois University, against the appropriation for
personal services of the department, board, body, agency or
commission by which such employee is employed.
Such deductions may be made notwithstanding that the
compensation paid in cash to such employee is thereby reduced
below the minimum prescribed by law. Payment to such
employee of compensation less such deduction shall constitute
a full and complete discharge and acquittance of all claims
and demands whatsoever for the services rendered by such
employee during the period covered by such payment.
Such request for deduction may be withdrawn at any time
by filing a written notification of withdrawal with the
department, board, body, agency or commission, the University
of Illinois, Southern Illinois University, Chicago State
University, Eastern Illinois University, Governors State
University, Illinois State University, Northeastern Illinois
University, Northern Illinois University, or Western Illinois
University, by which such employee is employed.
(Source: P.A. 89-4, eff. 1-1-96.)
(5 ILCS 340/4.5 new)
Sec. 4.5. State annuitant withholding. A State annuitant
may authorize the withholding of a portion of his or her
annuity or disability benefit for contribution to a maximum
of 4 organizations described in paragraphs (b) and (c) of
Section 3 of this Act. Upon written request of a State
annuitant, a retirement system may deduct or direct the State
Comptroller to deduct from the annuity or disability benefit
of the State annuitant the amount specified in the written
request for payment to the organization designated by the
State annuitant. The retirement system may determine the
timing for the deductions based on the retirement system's
benefit processing schedule. The moneys so deducted shall be
paid over promptly to the organizations designated by the
State annuitant by means of warrants drawn by the retirement
system or the State Comptroller against the fund from which
the State annuitant is receiving his or her annuity or
disability benefit.
Withholding under this Section may be terminated by the
State annuitant at any time by filing a written direction
with the retirement system.
Each retirement system may promulgate rules regarding the
administration of this Section with respect to persons
receiving an annuity or disability benefit from the
retirement system.
(5 ILCS 340/5) (from Ch. 15, par. 505)
Sec. 5. Rules; Advisory Committee. The State Comptroller
shall promulgate and issue reasonable rules and regulations
as deemed necessary for the administration of this Act.
However, all solicitations of State employees for
contributions at their workplace and all solicitations of
State annuitants for contributions shall be in accordance
with rules promulgated by the Governor or his or her designee
or other agency as may be designated by the Governor. All
solicitations of State annuitants for contributions shall
also be in accordance with the rules promulgated by the
applicable retirement system.
The rules promulgated by the Governor or his or her
designee or other agency as designated by the Governor shall
include a Code of Campaign Conduct that all qualified
organizations and United Funds shall subscribe to in writing,
sanctions for violations of the Code of Campaign Conduct,
provision for the handling of cash contributions, provision
for an Advisory Committee, provisions for the allocation of
expenses among the participating organizations, an
organizational plan and structure whereby responsibilities
are set forth for the appropriate State employees or State
annuitants and the participating organizations, and any other
matters that are necessary to accomplish the purposes of this
Act.
The Governor or the Governor's designee shall promulgate
rules to establish the composition and the duties of the
Advisory Committee. The Governor or the Governor's designee
shall make appointments to the Advisory Committee. The
powers of the Advisory Committee shall include, at a minimum,
the ability to impose the sanctions authorized by rule. Each
State agency and each retirement system shall file an annual
report that sets forth, for the prior calendar year, (i) the
total amount of money contributed to each qualified
organization and united fund through both payroll deductions
and cash contributions, (ii) the number of employees or State
annuitants who have contributed to each qualified
organization and united fund, and (iii) any other information
required by the rules. The report shall not include the
names of any contributing or non-contributing employees or
State annuitants employee. The report shall be filed with
the Advisory Committee no later than March 15 of each year
for the solicitation period immediately preceding the report.
The report shall be available for inspection.
Other constitutional officers, retirement systems, the
University of Illinois, Southern Illinois University, Chicago
State University, Eastern Illinois University, Governors
State University, Illinois State University, Northeastern
Illinois University, Northern Illinois University, and
Western Illinois University shall be governed by the rules
promulgated pursuant to this Section, unless such entities
adopt their own rules governing solicitation of contributions
at the workplace.
All rules promulgated pursuant to this Section shall not
discriminate against one or more qualified organizations or
United Funds.
(Source: P.A. 89-4, eff. 1-1-96; 90-799, eff. 6-1-99.)
(5 ILCS 340/8)
Sec. 8. Reports.
(a) The Comptroller shall annually prepare a report on
the number of State and university employees and State
annuitants who have contributed to qualified organizations
and united funds under this Act during the prior calendar
year. The report shall set forth (i) the number of payroll
deductions received by each qualified organization and united
fund, (ii) the total amount of the contributions received by
each qualified organization and united fund, and (iii) the
State agencies, and universities, and retirement systems from
which the contributions were received. The report shall be
prepared no later than April 1 of each year and shall be
available to the public upon request.
(b) By March 1 of each year, each university shall
submit to the Comptroller a report containing the information
required for the preparation of the Comptroller's report
under subsection (a) with respect to that university and its
employees.
(c) By March 1 of each year, each retirement system
shall submit to the Comptroller a report containing the
information required for the preparation of the Comptroller's
report under subsection (a) with respect to that retirement
system and its participating State annuitants. The
Comptroller may waive this reporting requirement for any
retirement system if the Comptroller performs the retirement
processing for the retirement system.
(Source: P.A. 90-799, eff. 6-1-99.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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