Full Text of HB4426 101st General Assembly
HB4426ham001 101ST GENERAL ASSEMBLY | Rep. John Connor Filed: 2/26/2020
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| 1 | | AMENDMENT TO HOUSE BILL 4426
| 2 | | AMENDMENT NO. ______. Amend House Bill 4426 by replacing | 3 | | line 4 on page 1 through line 8 on page 11 with the following:
| 4 | | "Section 5. The Voluntary Payroll Deductions Act of 1983 is | 5 | | amended by changing Sections 3, 5, 6, and 7 as follows:
| 6 | | (5 ILCS 340/3) (from Ch. 15, par. 503)
| 7 | | Sec. 3. Definitions. As used in this Act unless the context | 8 | | otherwise
requires:
| 9 | | (a) "Employee" means any regular officer or employee who | 10 | | receives salary
or wages for personal services rendered to the | 11 | | State of Illinois, and
includes an individual hired as an | 12 | | employee by contract with that individual.
| 13 | | (b) "Qualified organization" means an organization | 14 | | representing one or
more benefiting agencies, which | 15 | | organization is designated by the State
Comptroller as | 16 | | 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 or electronic designations on forms | 4 | | approved by the State Comptroller
by 500 or more employees | 5 | | or State annuitants, in which such employees
or State | 6 | | annuitants indicate that the organization is one for which | 7 | | the
employee or State annuitant intends to authorize | 8 | | withholding. The forms
shall require the name, last 4 | 9 | | digits only of the social security number,
and employing | 10 | | State agency
for
each employee. Until January 1, 2021, upon | 11 | | Upon notification by the Comptroller that such forms have | 12 | | been
approved, the organization shall, within 30 days, | 13 | | notify in writing the
Governor or his or her designee of | 14 | | its intention to obtain the required
number of | 15 | | designations. Beginning on and after January 1, 2021, the | 16 | | organization shall, within 30 days after notification from | 17 | | the Comptroller that such forms have been approved, notify | 18 | | in writing the Comptroller or his or her designee of its | 19 | | intention to obtain the required number of designations. | 20 | | Such organization shall have 12 months from that
date to | 21 | | obtain the necessary
designations and return to the State | 22 | | Comptroller's office the completed
designations, which | 23 | | shall
be subject to verification procedures established by | 24 | | the State Comptroller;
| 25 | | (2) Certify that all benefiting agencies are tax exempt | 26 | | under Section
501(c)(3) of the Internal Revenue Code;
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| 1 | | (3) Certify that all benefiting agencies are in | 2 | | compliance with the
Illinois Human Rights Act;
| 3 | | (4) Certify that all benefiting agencies are in | 4 | | compliance with
the Charitable Trust Act and the | 5 | | Solicitation for Charity Act;
| 6 | | (5) Certify that all benefiting agencies actively | 7 | | conduct health or
welfare programs and provide services to | 8 | | individuals directed at one or
more of the following common | 9 | | human needs within a community: service,
research, and | 10 | | education in the health fields; family and child care
| 11 | | services; protective services for children and adults; | 12 | | services for
children and adults in foster care; services | 13 | | related to the management and
maintenance of the home; day | 14 | | care services for adults; transportation
services; | 15 | | information, referral and counseling services; services to
| 16 | | eliminate illiteracy; the preparation and delivery of | 17 | | meals; adoption
services; emergency shelter care and | 18 | | relief services; disaster relief services;
safety | 19 | | services; neighborhood and community organization | 20 | | services; recreation
services; social adjustment and | 21 | | rehabilitation services; health support
services; or a | 22 | | combination of such services designed to meet the special
| 23 | | needs of specific groups, such as children and youth, the | 24 | | ill and infirm,
and persons with physical disabilities; and | 25 | | that all such benefiting agencies
provide the above | 26 | | described services to individuals and their families
in the |
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| 1 | | community and surrounding area in which the organization | 2 | | conducts
its fund drive, or that such benefiting agencies | 3 | | provide relief to victims
of natural disasters and other | 4 | | emergencies on a where and as needed basis;
| 5 | | (6) Certify that the organization has disclosed the | 6 | | percentage of
the organization's total collected receipts | 7 | | from employees or State
annuitants that are distributed to | 8 | | the benefiting agencies and the
percentage of the | 9 | | organization's total collected receipts from employees
or | 10 | | State annuitants that are expended
for fund-raising and | 11 | | overhead costs. These percentages shall be the same
| 12 | | percentage figures annually disclosed by the organization | 13 | | to the Attorney
General. The disclosure shall be made to | 14 | | all solicited employees and State
annuitants and shall
be | 15 | | in the form of a factual statement on all petitions and in | 16 | | the campaign's
brochures for employees and State | 17 | | annuitants;
| 18 | | (7) Certify that all benefiting agencies receiving | 19 | | funds which the
employee or State annuitant has requested | 20 | | or designated for distribution
to a particular community | 21 | | and surrounding area use a majority of such funds
| 22 | | distributed for services in the actual provision of | 23 | | services in that community
and surrounding area;
| 24 | | (8) Certify that neither it nor its member | 25 | | organizations will solicit
State employees for | 26 | | contributions at their workplace, except pursuant to
this |
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| 1 | | Act and the rules promulgated thereunder. Each qualified
| 2 | | organization, and each participating United Fund, is | 3 | | encouraged
to cooperate with all others and with all State | 4 | | agencies
and educational institutions so as to simplify | 5 | | procedures, to resolve
differences and to minimize costs;
| 6 | | (9) Until January 1, 2021, certify Certify that it will | 7 | | pay its share of the campaign costs and will
comply with | 8 | | the Code of Campaign Conduct as approved by the Governor or | 9 | | other
agency as designated by the Governor; and
| 10 | | (9.5) Beginning on and after January 1, 2021, certify | 11 | | that it will pay its share of the campaign costs and will | 12 | | comply with the Code of Campaign Conduct as approved by the | 13 | | Comptroller or other agency as designated by the | 14 | | Comptroller; and | 15 | | (10) Certify that it maintains a year-round office, the | 16 | | telephone number,
and person responsible for the | 17 | | operations of the organization in Illinois.
That | 18 | | information shall be provided to the State Comptroller at | 19 | | the time the
organization is seeking participation under | 20 | | this Act.
| 21 | | Each qualified organization shall submit to the State | 22 | | Comptroller between
January 1 and March 1 of each year, a | 23 | | statement that the organization is in
compliance with all of | 24 | | the requirements set forth in paragraphs (2) through
(10). The | 25 | | State Comptroller shall exclude any organization that fails to
| 26 | | submit the statement from the next solicitation period.
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| 1 | | In order to be designated as a qualified organization, the | 2 | | organization shall
have existed at least 2 years prior to | 3 | | submitting the written or electronic designation forms
| 4 | | required in paragraph (1) and shall certify to the State | 5 | | Comptroller that such
organization has been providing services | 6 | | described in paragraph (5) in
Illinois. If the organization | 7 | | seeking designation represents more than one
benefiting | 8 | | agency, it need not have existed for 2 years but shall certify | 9 | | to
the State Comptroller that each of its benefiting agencies | 10 | | has existed for at
least 2 years prior to submitting the | 11 | | written or electronic designation forms required in
paragraph | 12 | | (1) and that each has been providing services described in | 13 | | paragraph
(5) in Illinois.
| 14 | | Organizations which have met the requirements of this Act | 15 | | shall be
permitted to participate in the Program State and | 16 | | Universities Combined Appeal as
of January 1st of the year | 17 | | immediately following their approval by the
Comptroller.
| 18 | | Where the certifications described in paragraphs (2), (3), | 19 | | (4),
(5), (6), (7), (8), (9), and (10) above are made by an | 20 | | organization
representing more than
one benefiting agency they | 21 | | shall be based upon the knowledge and belief of
such qualified | 22 | | organization. Any qualified organization shall immediately
| 23 | | notify the State Comptroller in writing if the qualified | 24 | | organization
receives information or otherwise believes that a | 25 | | benefiting agency is no
longer in compliance with the | 26 | | certification of the qualified organization.
A qualified |
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| 1 | | organization representing more than one benefiting agency | 2 | | shall
thereafter withhold and refrain from distributing to such | 3 | | benefiting agency
those funds received pursuant to this Act | 4 | | until the benefiting agency is
again in compliance with the | 5 | | qualified organization's certification. The
qualified | 6 | | organization shall immediately notify the State Comptroller of
| 7 | | the benefiting agency's resumed compliance with the | 8 | | certification, based
upon the qualified organization's | 9 | | knowledge and belief, and shall pay over
to the benefiting | 10 | | agency those funds previously withheld.
| 11 | | In order to qualify, a qualified organization must receive | 12 | | 250 deduction pledges from the immediately preceding | 13 | | solicitation period as set forth in Section 6. The Comptroller | 14 | | shall, by February 1st of each year, so notify any
qualified | 15 | | organization that failed to receive the minimum deduction | 16 | | requirement. The notification shall give such qualified
| 17 | | organization until March 1st to provide the Comptroller with | 18 | | documentation
that the minimum deduction requirement has been | 19 | | met. On the basis of all the
documentation, the Comptroller | 20 | | shall , until January 1, 2021 , by March 15th of each year, | 21 | | submit to
the Governor or his or her designee, or such other | 22 | | agency as may be
determined by the Governor, a list of all | 23 | | organizations which have met the minimum
payroll deduction | 24 | | requirement. Beginning on and after January 1, 2021, the | 25 | | Comptroller shall, by March 15 of each year, make the list of | 26 | | all organizations which have met the minimum payroll deduction |
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| 1 | | requirement publicly available without submitting such list to | 2 | | the Governor. Only those organizations which have met such
| 3 | | requirements, as well as the other requirements of this | 4 | | Section, shall be
permitted to solicit State employees or State | 5 | | annuitants for voluntary
contributions, and the Comptroller | 6 | | shall discontinue withholding for any
such organization which | 7 | | fails to meet these requirements, except qualified | 8 | | organizations that received deduction pledges during the 2004 | 9 | | solicitation period are deemed to be qualified for the 2005 | 10 | | solicitation period.
| 11 | | (c) "United Fund" means the organization conducting the | 12 | | single, annual,
consolidated effort to secure funds for | 13 | | distribution to agencies engaged
in charitable and public | 14 | | health, welfare and services purposes, which is
commonly known | 15 | | as the United Fund, or the organization which serves in place
| 16 | | of the United Fund organization in communities where an | 17 | | organization known
as the United Fund is not organized.
| 18 | | In order for a United Fund to participate in the Program | 19 | | State and Universities
Employees Combined Appeal , it shall | 20 | | comply with the provisions of paragraph (9)
of subsection (b).
| 21 | | (d) "Program" "State and Universities Employees Combined | 22 | | Appeal",
otherwise known as "SECA", means the State-directed | 23 | | joint effort of all of the
qualified organizations, together | 24 | | with the United Funds, for the solicitation
of voluntary | 25 | | contributions from State and University employees and State
| 26 | | annuitants.
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| 1 | | (e) "Retirement system" means any or all of the following: | 2 | | the General
Assembly Retirement System, the State Employees' | 3 | | Retirement System of Illinois,
the State Universities | 4 | | Retirement System, the Teachers' Retirement System of
the State | 5 | | of Illinois, and the Judges Retirement System.
| 6 | | (f) "State annuitant" means a person receiving an annuity | 7 | | or disability
benefit under Article 2, 14, 15, 16, or 18 of the | 8 | | Illinois Pension Code.
| 9 | | (Source: P.A. 99-143, eff. 7-27-15 .)
| 10 | | (5 ILCS 340/5) (from Ch. 15, par. 505)
| 11 | | Sec. 5. Rules; Advisory Committee. The State Comptroller | 12 | | shall adopt
promulgate and issue reasonable rules and | 13 | | regulations as deemed necessary for
the administration of this | 14 | | Act.
| 15 | | However, all solicitations of State employees for | 16 | | contributions at their
workplace and all solicitations of State | 17 | | annuitants for contributions
shall , until January 1, 2021, be | 18 | | in accordance with rules adopted promulgated by the Governor or | 19 | | his
or her designee or other agency as may be designated by the | 20 | | Governor. Beginning on and after January 1, 2021, all | 21 | | solicitations of State employees for contributions at their | 22 | | workplace and all solicitations of State annuitants for | 23 | | contributions shall be in accordance with rules adopted by the | 24 | | Comptroller or his or her designee.
All solicitations of State | 25 | | annuitants for contributions shall also be in
accordance with |
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| 1 | | the rules adopted promulgated by the applicable retirement | 2 | | system.
| 3 | | The rules adopted under this Section promulgated by the | 4 | | Governor or his or her designee or other
agency as designated | 5 | | by the Governor shall include a Code of Campaign Conduct
that | 6 | | all qualified organizations and United Funds shall subscribe to | 7 | | in
writing, sanctions for violations of the Code of Campaign | 8 | | Conduct,
provision for the handling of cash contributions, | 9 | | provision for an Advisory
Committee, provisions for the | 10 | | allocation of expenses among the participating
organizations, | 11 | | an organizational plan and structure whereby responsibilities
| 12 | | are set forth for the appropriate State employees or State | 13 | | annuitants and
the participating organizations, and any other | 14 | | matters that are necessary to
accomplish the purposes of this | 15 | | Act.
| 16 | | The Governor or the Governor's designee shall , until | 17 | | January 1, 2021, adopt promulgate rules to establish
the | 18 | | composition and the duties of the Advisory Committee , and . The | 19 | | Governor or the
Governor's designee shall make appointments to | 20 | | the Advisory Committee. Beginning on and after January 1, 2021, | 21 | | the Comptroller or his or her designee shall adopt rules to | 22 | | establish the composition and the duties of the Advisory | 23 | | Committee, and shall make appointments to the Advisory | 24 | | Committee. The
powers of the Advisory Committee shall include, | 25 | | at a minimum, the ability to
impose the sanctions authorized by | 26 | | rule. Each State agency and each
retirement system shall file |
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| 1 | | an annual report that sets
forth, for the prior calendar year, | 2 | | (i) the total amount of money
contributed to each qualified | 3 | | organization and united fund through both
payroll deductions | 4 | | and cash contributions, (ii) the number of employees or
State | 5 | | annuitants who have contributed to each qualified organization | 6 | | and
united fund, and (iii) any other information required by | 7 | | the rules. The report
shall not include the names of any | 8 | | contributing or non-contributing employees
or State | 9 | | annuitants. The report shall be filed with the
Advisory | 10 | | Committee no later than March 15. The report shall be available | 11 | | for
inspection.
| 12 | | Other constitutional officers, retirement systems, the | 13 | | University of
Illinois, Southern Illinois University, Chicago | 14 | | State University, Eastern
Illinois University, Governors State | 15 | | University, Illinois State University,
Northeastern Illinois | 16 | | University, Northern Illinois University, and Western
Illinois | 17 | | University shall be governed by the rules promulgated pursuant | 18 | | to this
Section, unless such entities adopt their own rules | 19 | | governing solicitation of
contributions at the workplace.
| 20 | | All rules promulgated pursuant to this Section shall not | 21 | | discriminate
against one or more qualified organizations or | 22 | | United Funds.
| 23 | | (Source: P.A. 90-799, eff. 6-1-99; 91-896, eff. 7-6-00.)
| 24 | | (5 ILCS 340/6) (from Ch. 15, par. 506)
| 25 | | Sec. 6.
Pursuant to the provision of Section 5, rules shall |
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| 1 | | be promulgated
which establish a period between September 1 and | 2 | | November 30 during which all
qualified organizations and United | 3 | | Funds shall be permitted to solicit State
employees for | 4 | | voluntary contributions at their places of work. However, State
| 5 | | and university employees hired at any time after the official | 6 | | 8-week campaign
period may make voluntary contributions | 7 | | through payroll withholding. The
informational materials from | 8 | | the immediately prior Program SECA campaign period may be
| 9 | | provided to each such employee. No organization shall solicit | 10 | | State employees
for contributions at their places of work, | 11 | | except pursuant to the provisions of
this Act and the rules | 12 | | promulgated thereunder.
| 13 | | (Source: P.A. 93-238, eff. 7-22-03.)
| 14 | | (5 ILCS 340/7) (from Ch. 15, par. 507)
| 15 | | Sec. 7.
Notwithstanding any other provision of this Act, a
| 16 | | participating organization or a United Fund may be denied | 17 | | participation in the Program
SECA for willful failure to comply | 18 | | with the provisions of paragraph (9) of
subsection (b) of | 19 | | Section 3 of this Act. Until January 1, 2021, the The agency | 20 | | designated by the
Governor under paragraph (9) of subsection | 21 | | (b) of Section 3 of this Act
shall adopt rules
providing for | 22 | | procedures for review by the agency of alleged violations of | 23 | | that
paragraph and appropriate remedial sanctions for | 24 | | noncompliance. Beginning on and after January 1, 2021, the | 25 | | Comptroller shall adopt rules providing for procedures for |
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| 1 | | review by the agency of alleged violations of paragraph (9) of | 2 | | subsection (b) of Section 3 and appropriate remedial sanctions | 3 | | for noncompliance. The rules
shall include an appeal procedure | 4 | | for any affected participating organization
or United Fund. The | 5 | | agency designated by the Governor shall notify the
Comptroller | 6 | | immediately of any final decision to remove a qualified
| 7 | | organization or United Fund from participation in the Program | 8 | | SECA .
| 9 | | (Source: P.A. 91-357, eff. 7-29-99.)".
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