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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 annuitants public
13 servants may 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
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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;
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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 annuitants employee 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
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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
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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
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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
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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
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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
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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
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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 annuitants employee. The report shall be filed with
15 the Advisory Committee no later than March 15 of each year
16 for 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
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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, and universities, 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.
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