State of Illinois
92nd General Assembly

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[ Introduced ][ Engrossed ][ House Amendment 001 ]


HB5829 Enrolled                                LRB9216057JMcs

 1        AN ACT concerning payroll deductions.

 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 Section 3 as follows:

 6        (5 ILCS 340/3) (from Ch. 15, par. 503)
 7        Sec. 3. Definitions.  As used  in  this  Act  unless  the
 8    context otherwise requires:
 9        (a)  "Employee" means any regular officer or employee who
10    receives  salary  or  wages for personal services rendered to
11    the 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
17    organization   desiring  to  be  designated  as  a  qualified
18    organization shall:
19             (1)  Submit written designations on  forms  approved
20        by  the  State  Comptroller by 4,000 or more employees or
21        State  annuitants,  in  which  such  employees  or  State
22        annuitants indicate that  the  organization  is  one  for
23        which   the   employee  or  State  annuitant  intends  to
24        authorize withholding.  The forms shall require the name,
25        last 4 digits only of the  social  security  number,  and
26        employing   State   agency   for   each  employee.   Upon
27        notification by the Comptroller that such forms have been
28        approved, the organization shall, within 30 days,  notify
29        in  writing  the  Governor  or his or her designee of its
30        intention to obtain the required number of  designations.
31        Such  organization shall have 12 months from that date to
HB5829 Enrolled             -2-                LRB9216057JMcs
 1        obtain the necessary designations and return to the State
 2        Comptroller's office the completed  designations,  which.
 3        The  signed  forms  and  signatures on the forms shall be
 4        subject to verification  procedures  established  by  the
 5        State Comptroller;
 6             (2)  Certify  that  all  benefiting agencies are tax
 7        exempt under Section 501(c)(3) of  the  Internal  Revenue
 8        Code;
 9             (3)  Certify  that  all  benefiting  agencies are in
10        compliance with the Illinois Human Rights Act;
11             (4)  Certify that all  benefiting  agencies  are  in
12        compliance   with   the  Charitable  Trust  Act  and  the
13        Solicitation for Charity Act;
14             (5)  Certify that all benefiting  agencies  actively
15        conduct  health  or welfare programs and provide services
16        to individuals directed at one or more of  the  following
17        common human needs within a community: service, research,
18        and education in the health fields; family and child care
19        services;  protective  services  for children and adults;
20        services for children and adults in foster care; services
21        related to the management and maintenance  of  the  home;
22        day  care  services  for adults; transportation services;
23        information, referral and counseling  services;  services
24        to  eliminate illiteracy; the preparation and delivery of
25        meals; adoption  services;  emergency  shelter  care  and
26        relief   services;   disaster   relief  services;  safety
27        services;   neighborhood   and   community   organization
28        services;  recreation  services;  social  adjustment  and
29        rehabilitation services; health support  services;  or  a
30        combination of such services designed to meet the special
31        needs of specific groups, such as children and youth, the
32        ill  and infirm, and the physically handicapped; and that
33        all such benefiting agencies provide the above  described
34        services   to  individuals  and  their  families  in  the
HB5829 Enrolled             -3-                LRB9216057JMcs
 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
 8        to  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
16        in  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
27        Act and the rules promulgated thereunder.  Each qualified
28        organization,  and  each  participating  United  Fund, is
29        encouraged to cooperate with  all  others  and  with  all
30        State  agencies  and  educational  institutions  so as to
31        simplify  procedures,  to  resolve  differences  and   to
32        minimize costs;
33             (9)  Certify  that  it  will  pay  its  share of the
34        campaign costs and will comply with the Code of  Campaign
HB5829 Enrolled             -4-                LRB9216057JMcs
 1        Conduct  as  approved  by the Governor or other agency as
 2        designated by the Governor; and
 3             (10)  Certify that it maintains a year-round office,
 4        the telephone number,  and  person  responsible  for  the
 5        operations   of  the  organization  in  Illinois.    That
 6        information shall be provided to the State Comptroller at
 7        the time the organization is seeking participation  under
 8        this Act.
 9        Each  qualified  organization  shall  submit to the State
10    Comptroller between January 1 and March 1  of  each  year,  a
11    statement  that the organization is in compliance with all of
12    the requirements set forth in paragraphs  (2)  through  (10).
13    The  State  Comptroller  shall  exclude any organization that
14    fails to submit the  statement  from  the  next  solicitation
15    period.
16        In  order  to  be designated as a qualified organization,
17    the organization shall have existed at least 2 years prior to
18    submitting  the  written  designation   forms   required   in
19    paragraph (1) and shall certify to the State Comptroller that
20    such  organization  has  been providing services described in
21    paragraph (5)  in  Illinois.   If  the  organization  seeking
22    designation  represents  more  than one benefiting agency, it
23    need not have existed for 2 years but shall  certify  to  the
24    State  Comptroller  that  each of its benefiting agencies has
25    existed for at least 2 years prior to submitting the  written
26    designation forms required in paragraph (1) and that each has
27    been   providing  services  described  in  paragraph  (5)  in
28    Illinois.
29        Organizations which have met the requirements of this Act
30    shall  be  permitted  to  participate  in   the   State   and
31    Universities  Combined  Appeal  as of January 1st of the year
32    immediately following their approval by the Comptroller.
33        Where the certifications  described  in  paragraphs  (2),
34    (3), (4), (5), (6), (7), (8), (9), and (10) above are made by
HB5829 Enrolled             -5-                LRB9216057JMcs
 1    an  organization representing more than one benefiting agency
 2    they shall be based upon the knowledge  and  belief  of  such
 3    qualified  organization.   Any  qualified  organization shall
 4    immediately notify the State Comptroller in  writing  if  the
 5    qualified  organization  receives  information  or  otherwise
 6    believes  that a benefiting agency is no longer in compliance
 7    with the certification of  the  qualified  organization.    A
 8    qualified  organization representing more than one benefiting
 9    agency   shall   thereafter   withhold   and   refrain   from
10    distributing to such benefiting agency those  funds  received
11    pursuant  to this Act until the benefiting agency is again in
12    compliance with the qualified  organization's  certification.
13    The qualified organization shall immediately notify the State
14    Comptroller  of  the  benefiting  agency's resumed compliance
15    with   the   certification,   based   upon   the    qualified
16    organization's  knowledge  and  belief, and shall pay over to
17    the benefiting agency those funds previously withheld.
18        The Comptroller shall, by February 1st of each  year,  so
19    notify  any  qualified organization that failed to receive at
20    least 500 payroll deduction pledges during  each  immediately
21    preceding solicitation period as set forth in Section 6.  The
22    notification  shall  give  such  qualified organization until
23    March 1st to provide the Comptroller with documentation  that
24    the  500 deduction requirement has been met.  On the basis of
25    all the documentation, the Comptroller shall, by  March  15th
26    of  each year, submit to the Governor or his or her designee,
27    or such other agency as may be determined by the Governor,  a
28    list  of  all  organizations  which  have met the 500 payroll
29    deduction requirement.  Only those organizations  which  have
30    met  such  requirements, as well as the other requirements of
31    this Section, shall be permitted to solicit  State  employees
32    or  State  annuitants  for  voluntary  contributions, and the
33    Comptroller  shall  discontinue  withholding  for  any   such
34    organization which fails to meet these requirements.
HB5829 Enrolled             -6-                LRB9216057JMcs
 1        (c)  "United  Fund" means the organization conducting the
 2    single, annual,  consolidated  effort  to  secure  funds  for
 3    distribution  to  agencies  engaged  in charitable and public
 4    health, welfare and  services  purposes,  which  is  commonly
 5    known as the United Fund, or the organization which serves in
 6    place of the United Fund organization in communities where an
 7    organization known as the United Fund is not organized.
 8        In  order  for  a United Fund to participate in the State
 9    and Universities Employees Combined Appeal, it  shall  comply
10    with the provisions of paragraph (9) of subsection (b).
11        (d)  "State  and Universities Employees Combined Appeal",
12    otherwise known as "SECA",  means  the  State-directed  joint
13    effort  of  all of the qualified organizations, together with
14    the  United  Funds,  for  the   solicitation   of   voluntary
15    contributions  from  State and University employees and State
16    annuitants.
17        (e)  "Retirement  system"  means  any  or  all   of   the
18    following:  the General Assembly Retirement System, the State
19    Employees'  Retirement  System   of   Illinois,   the   State
20    Universities  Retirement  System,  the  Teachers'  Retirement
21    System  of  the  State of Illinois, and the Judges Retirement
22    System.
23        (f)  "State  annuitant"  means  a  person  receiving   an
24    annuity or disability benefit under Article 2, 14, 15, 16, or
25    18 of the Illinois Pension Code.
26    (Source: P.A.  90-487,  eff.  8-17-97;  91-357, eff. 7-29-99;
27    91-533, eff. 8-13-99; 91-896, eff. 7-6-00.)

28        Section 99.  Effective date.   This Act takes effect upon
29    becoming law.

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