Full Text of HB2244 94th General Assembly
HB2244eng 94TH GENERAL ASSEMBLY
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HB2244 Engrossed |
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LRB094 03297 RCE 33298 b |
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| AN ACT concerning government.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Voluntary Payroll Deductions Act of 1983 is | 5 |
| amended by changing Section 3 as follows:
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| (5 ILCS 340/3) (from Ch. 15, par. 503)
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| Sec. 3. Definitions. As used in this Act unless the context | 8 |
| otherwise
requires:
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| (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.
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| (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 | 17 |
| organization desiring to be designated as a qualified | 18 |
| organization shall:
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| (1) Submit written designations on forms approved by | 20 |
| the State Comptroller
by 4,000 or more employees or State | 21 |
| annuitants, in which such employees
or State annuitants | 22 |
| indicate that the organization is one for which the
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| employee or State annuitant intends to authorize | 24 |
| withholding. The forms
shall require the name, last 4 | 25 |
| digits only of the social security number,
and employing | 26 |
| State agency
for
each employee. Upon notification by the | 27 |
| Comptroller that such forms have been
approved, the | 28 |
| organization shall, within 30 days, notify in writing the
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| Governor or his or her designee of its intention to obtain | 30 |
| the required
number of designations. Such organization | 31 |
| shall have 12 months from that
date to obtain the necessary
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| designations and return to the State Comptroller's office |
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| the completed
designations, which shall
be subject to | 2 |
| verification procedures established by the State | 3 |
| Comptroller;
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| (2) Certify that all benefiting agencies are tax exempt | 5 |
| under Section
501(c)(3) of the Internal Revenue Code;
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| (3) Certify that all benefiting agencies are in | 7 |
| compliance with the
Illinois Human Rights Act;
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| (4) Certify that all benefiting agencies are in | 9 |
| compliance with
the Charitable Trust Act and the | 10 |
| Solicitation for Charity Act;
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| (5) Certify that all benefiting agencies actively | 12 |
| conduct health or
welfare programs and provide services to | 13 |
| individuals directed at one or
more of the following common | 14 |
| human needs within a community: service,
research, and | 15 |
| education in the health fields; family and child care
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| 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; day | 19 |
| care services for adults; transportation
services; | 20 |
| information, referral and counseling services; services to
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| 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
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| 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 community | 32 |
| and surrounding area in which the organization conducts
its | 33 |
| fund drive, or that such benefiting agencies provide relief | 34 |
| to victims
of natural disasters and other emergencies on a | 35 |
| where and as needed basis;
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| (6) Certify that the organization has disclosed the |
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| percentage of
the organization's total collected receipts | 2 |
| from employees or State
annuitants that are distributed to | 3 |
| the benefiting agencies and the
percentage of the | 4 |
| organization's total collected receipts from employees
or | 5 |
| State annuitants that are expended
for fund-raising and | 6 |
| overhead costs. These percentages shall be the same
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| percentage figures annually disclosed by the organization | 8 |
| to the Attorney
General. The disclosure shall be made to | 9 |
| all solicited employees and State
annuitants and shall
be | 10 |
| in the form of a factual statement on all petitions and in | 11 |
| the campaign's
brochures for employees and State | 12 |
| annuitants;
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| (7) Certify that all benefiting agencies receiving | 14 |
| funds which the
employee or State annuitant has requested | 15 |
| or designated for distribution
to a particular community | 16 |
| and surrounding area use a majority of such funds
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| distributed for services in the actual provision of | 18 |
| services in that community
and surrounding area;
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| (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
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| organization, and each participating United Fund, is | 24 |
| encouraged
to cooperate with all others and with all State | 25 |
| agencies
and educational institutions so as to simplify | 26 |
| procedures, to resolve
differences and to minimize costs;
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| (9) Certify that it will pay its share of the campaign | 28 |
| costs and will
comply with the Code of Campaign Conduct as | 29 |
| approved by the Governor or other
agency as designated by | 30 |
| the Governor; and
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| (10) Certify that it maintains a year-round office, the | 32 |
| telephone number,
and person responsible for the | 33 |
| operations of the organization in Illinois.
That | 34 |
| information shall be provided to the State Comptroller at | 35 |
| the time the
organization is seeking participation under | 36 |
| this Act.
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| Each qualified organization shall submit to the State | 2 |
| Comptroller between
January 1 and March 1 of each year, a | 3 |
| statement that the organization is in
compliance with all of | 4 |
| the requirements set forth in paragraphs (2) through
(10). The | 5 |
| State Comptroller shall exclude any organization that fails to
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| submit the statement from the next solicitation period.
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| In order to be designated as a qualified organization, the | 8 |
| organization shall
have existed at least 2 years prior to | 9 |
| submitting the written designation forms
required in paragraph | 10 |
| (1) and shall certify to the State Comptroller that such
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| organization has been providing services described in | 12 |
| paragraph (5) in
Illinois. If the organization seeking | 13 |
| designation represents more than one
benefiting agency, it need | 14 |
| not have existed for 2 years but shall certify to
the State | 15 |
| Comptroller that each of its benefiting agencies has existed | 16 |
| for at
least 2 years prior to submitting the written | 17 |
| designation forms required in
paragraph (1) and that each has | 18 |
| been providing services described in paragraph
(5) in Illinois.
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| Organizations which have met the requirements of this Act | 20 |
| shall be
permitted to participate in the State and Universities | 21 |
| Combined Appeal as
of January 1st of the year immediately | 22 |
| following their approval by the
Comptroller.
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| Where the certifications described in paragraphs (2), (3), | 24 |
| (4),
(5), (6), (7), (8), (9), and (10) above are made by an | 25 |
| organization
representing more than
one benefiting agency they | 26 |
| shall be based upon the knowledge and belief of
such qualified | 27 |
| organization. Any qualified organization shall immediately
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| notify the State Comptroller in writing if the qualified | 29 |
| organization
receives information or otherwise believes that a | 30 |
| benefiting agency is no
longer in compliance with the | 31 |
| certification of the qualified organization.
A qualified | 32 |
| organization representing more than one benefiting agency | 33 |
| shall
thereafter withhold and refrain from distributing to such | 34 |
| benefiting agency
those funds received pursuant to this Act | 35 |
| until the benefiting agency is
again in compliance with the | 36 |
| qualified organization's certification. The
qualified |
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| organization shall immediately notify the State Comptroller of
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| the benefiting agency's resumed compliance with the | 3 |
| certification, based
upon the qualified organization's | 4 |
| knowledge and belief, and shall pay over
to the benefiting | 5 |
| agency those funds previously withheld.
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| The Comptroller shall, by February 1st of each year, so | 7 |
| notify any
qualified organization that failed to receive at | 8 |
| least 250
500 payroll
deduction pledges during each of the 3 | 9 |
| immediately preceding solicitation periods
period as set
forth | 10 |
| in Section 6. Organizations found qualified for the 2004 | 11 |
| solicitation period are deemed to be qualified for the 2005 | 12 |
| solicitation period if they have received at least 250 payroll | 13 |
| deduction pledges in one of the 3 previous periods or if they | 14 |
| have been qualified for fewer than 3 years.
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| The notification shall give such qualified
organization | 16 |
| until March 1st to provide the Comptroller with documentation
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| that the minimum
500 deduction requirement has been met or that | 18 |
| the organization has been qualified for fewer than 3 years . On | 19 |
| the basis of all the
documentation, the Comptroller shall, by | 20 |
| March 30th
15th of each year, submit to
the Governor or his or | 21 |
| her designee, or such other agency as may be
determined by the | 22 |
| Governor, a list of all organizations which are qualified
have | 23 |
| met the 500
payroll deduction requirement . | 24 |
| Only those organizations which have met such
requirements, | 25 |
| as well as the other requirements of this Section, shall be
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| permitted to solicit State employees or State annuitants for | 27 |
| voluntary
contributions, and the Comptroller shall discontinue | 28 |
| withholding for any
such organization which fails to meet these | 29 |
| requirements.
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| (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 known | 34 |
| as the United Fund, or the organization which serves in place
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| of the United Fund organization in communities where an | 36 |
| organization known
as the United Fund is not organized.
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LRB094 03297 RCE 33298 b |
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| In order for a United Fund to participate in the State and | 2 |
| Universities
Employees Combined Appeal, it shall comply with | 3 |
| the provisions of paragraph (9)
of subsection (b).
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| (d) "State and Universities Employees Combined Appeal",
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| otherwise known as "SECA", means the State-directed joint | 6 |
| effort of all of the
qualified organizations, together with the | 7 |
| United Funds, for the solicitation
of voluntary contributions | 8 |
| from State and University employees and State
annuitants.
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| (e) "Retirement system" means any or all of the following: | 10 |
| the General
Assembly Retirement System, the State Employees' | 11 |
| Retirement System of Illinois,
the State Universities | 12 |
| Retirement System, the Teachers' Retirement System of
the State | 13 |
| of Illinois, and the Judges Retirement System.
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| (f) "State annuitant" means a person receiving an annuity | 15 |
| or disability
benefit under Article 2, 14, 15, 16, or 18 of the | 16 |
| Illinois Pension Code.
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| (Source: P.A. 91-357, eff. 7-29-99; 91-533, eff.
8-13-99; | 18 |
| 91-896, eff. 7-6-00; 92-634, eff. 7-11-02.)
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| Section 99. Effective date. This Act takes effect upon | 20 |
| becoming law.
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