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91_HB0912ham001
LRB9101550MWksam
1 AMENDMENT TO HOUSE BILL 912
2 AMENDMENT NO. . Amend House Bill 912 by replacing
3 the title with the following:
4 "AN ACT to amend the Voluntary Payroll Deductions Act of
5 1983 by changing Section 3."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Voluntary Payroll Deductions Act of 1983
9 is amended by changing Section 3 as follows:
10 (5 ILCS 340/3) (from Ch. 15, par. 503)
11 Sec. 3. Definitions. As used in this Act unless the
12 context otherwise requires:
13 (a) "Employee" means any regular officer or employee who
14 receives salary or wages for personal services rendered to
15 the State of Illinois, or an individual hired as an employee
16 by a contract with that individual.
17 (b) "Qualified organization" means an organization
18 representing one or more benefiting agencies, which
19 organization is designated by the State Comptroller as
20 qualified to receive payroll deductions under this Act. An
21 organization desiring to be designated as a qualified
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1 organization shall:
2 (1) Submit written designations on forms approved
3 by the State Comptroller by 4,000 or more employees, in
4 which such employees indicate that the organization is
5 one for which the employee intends to authorize
6 withholding. The forms shall require the name, social
7 security number, and employing State agency for each
8 employee. Upon notification by the Comptroller that such
9 forms have been approved, the organization shall, within
10 30 days, notify in writing the Governor or his designee
11 of its intention to obtain the required number of
12 designations. Such organization shall have 12 months
13 from that date, to obtain the necessary designations. The
14 signed forms and signatures on the forms shall be subject
15 to verification by the State Comptroller;
16 (2) Certify that all benefiting agencies are tax
17 exempt under Section 501(c)(3) of the Internal Revenue
18 Code;
19 (3) Certify that all benefiting agencies are in
20 compliance with the Illinois Human Rights Act;
21 (4) Certify that all benefiting agencies are in
22 compliance with the Charitable Trust Act and the
23 Solicitation for Charity Act;
24 (5) Certify that all benefiting agencies actively
25 conduct health or welfare programs and provide services
26 to individuals directed at one or more of the following
27 common human needs within a community: service, research,
28 and education in the health fields; family and child care
29 services; protective services for children and adults;
30 services for children and adults in foster care; services
31 related to the management and maintenance of the home;
32 day care services for adults; transportation services;
33 information, referral and counseling services; services
34 to eliminate illiteracy; the preparation and delivery of
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1 meals; adoption services; emergency shelter care and
2 relief services; disaster relief services; safety
3 services; neighborhood and community organization
4 services; recreation services; social adjustment and
5 rehabilitation services; health support services; or a
6 combination of such services designed to meet the special
7 needs of specific groups, such as children and youth, the
8 ill and infirm, and the physically handicapped; and that
9 all such benefiting agencies provide the above described
10 services to individuals and their families in the
11 community and surrounding area in which the organization
12 conducts its fund drive, or that such benefiting agencies
13 provide relief to victims of natural disasters and other
14 emergencies on a where and as needed basis;
15 (6) Certify that the organization has disclosed the
16 percentage of the organization's total collected receipts
17 from employees that are distributed to the benefiting
18 agencies and the percentage of the organization's total
19 collected receipts from employees that are expended for
20 fund-raising and overhead costs. These percentages shall
21 be the same percentage figures annually disclosed by the
22 organization to the Attorney General. The disclosure
23 shall be made to all solicited employees and shall be in
24 the form of a factual statement on all petitions and in
25 the campaign's employee brochure;
26 (7) Certify that all benefiting agencies receiving
27 funds which the employee has requested or designated for
28 distribution to a particular community and surrounding
29 area use a majority of such funds distributed for
30 services in the actual provision of services in that
31 community and surrounding area;
32 (8) Certify that neither it nor its member
33 organizations will solicit State employees for
34 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
4 State agencies and educational institutions so as to
5 simplify procedures, to resolve differences and to
6 minimize costs;
7 (9) Certify that it will pay its share of the
8 campaign costs and will comply with the Code of Campaign
9 Conduct as approved by the Governor or other agency as
10 designated by the Governor;
11 (10) Certify that it maintains a year-round office,
12 the telephone number, and person responsible for the
13 operations of the organization in Illinois. That
14 information shall be provided to the State Comptroller at
15 the time the organization is seeking participation under
16 this Act; and
17 (11) Provide (i) an annual audit, in conformance
18 with generally accepted accounting procedures and current
19 to within 12 months of the organization's fiscal
20 year-end, (ii) Internal Revenue Service Form 990 covering
21 the same period as the submitted audit, and (iii) an
22 annual report of the organization's activities, current
23 to within 12 months of the organization's fiscal year. If
24 a qualifying organization represents more than one
25 benefiting agency, it shall also certify that the
26 documentation required by this paragraph is on file for
27 those agencies. The Comptroller is authorized to request
28 documentation of the qualifying organization for any or
29 all of the benefiting agencies upon written request. The
30 qualifying organization shall have 10 business days to
31 respond after it receives the request.
32 Each qualified organization shall submit to the State
33 Comptroller between January 1 and March 1 of each year, a
34 statement that the organization is in compliance with all of
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1 the requirements set forth in paragraphs (2) through (11).
2 The State Comptroller shall exclude any organization that
3 fails to submit the statement from the next solicitation
4 period.
5 In order to be designated as a qualified organization,
6 the organization shall have existed at least 2 years prior to
7 submitting the written designation forms required in
8 paragraph (1) and shall certify to the State Comptroller that
9 such organization has been providing services described in
10 paragraph (5) in Illinois. If the organization seeking
11 designation represents more than one benefiting agency, it
12 need not have existed for 2 years but shall certify to the
13 State Comptroller that each of its benefiting agencies has
14 existed for at least 2 years prior to submitting the written
15 designation forms required in paragraph (1) and that each has
16 been providing services described in paragraph (5) in
17 Illinois.
18 Organizations which have met the requirements of this Act
19 shall be permitted to participate in the State and
20 Universities Combined Appeal as of January 1st of the year
21 immediately following their approval by the Comptroller.
22 Where the certifications described in paragraphs (2),
23 (3), (4), (5), (6), (7), (8), (9), (10), and (11) 2, 3, 4, 5,
24 6, 7, 8, 9, 10, and 11 above are made by an organization
25 representing more than one benefiting agency they shall be
26 based upon the knowledge and belief of such qualified
27 organization. Any qualified organization shall immediately
28 notify the State Comptroller in writing if the qualified
29 organization receives information or otherwise believes that
30 a 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
34 such benefiting agency those funds received pursuant to this
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1 Act until the benefiting agency is again in compliance with
2 the qualified organization's certification. The qualified
3 organization shall immediately notify the State Comptroller
4 of the benefiting agency's resumed compliance with the
5 certification, based upon the qualified organization's
6 knowledge and belief, and shall pay over to the benefiting
7 agency those funds previously withheld.
8 The Comptroller shall, by February 1st of each year, so
9 notify any qualified organization that failed to receive at
10 least 500 payroll deduction pledges during each immediately
11 preceding solicitation period as set forth in Section 6. The
12 notification shall give such qualified organization until
13 March 1st to provide the Comptroller with documentation that
14 the 500 deduction requirement has been met. On the basis of
15 all the documentation, the Comptroller shall, by March 15th
16 of each year, submit to the Governor or his designee, or such
17 other agency as may be determined by the Governor, a list of
18 all organizations which have met the 500 payroll deduction
19 requirement. Only those organizations which have met such
20 requirements, as well as the other requirements of this
21 Section, shall be permitted to solicit State employees for
22 voluntary contributions and the Comptroller shall discontinue
23 withholding for any such organization which fails to meet
24 these requirements.
25 (c) "United Fund" means the organization conducting the
26 single, annual, consolidated effort to secure funds for
27 distribution to agencies engaged in charitable and public
28 health, welfare and services purposes, which is commonly
29 known as the United Fund, or the organization which serves in
30 place of the United Fund organization in communities where an
31 organization known as the United Fund is not organized.
32 (d) "State and Universities Employees Combined Appeal"
33 (SECA), otherwise known as "SECA", means the State-directed
34 joint effort of all of the qualified organizations, together
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1 with the United Funds, for the solicitation of voluntary
2 contributions from State and University employees.
3 In order for a United Fund to participate in the State
4 and Universities Employees Combined Appeal, it shall comply
5 with the provisions of Section 3, paragraph (9) of subsection
6 (b).
7 (Source: P.A. 90-487, eff. 8-17-97; revised 10-31-98.)
8 Section 99. Effective date. This Act takes effect upon
9 becoming law.".