Public Act 90-0487 of the 90th General Assembly

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Public Act 90-0487

SB537 Enrolled                                 LRB9001407DNcc

    AN ACT to amend the Voluntary Payroll  Deduction  Act  by
changing Sections 2 and 3.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Voluntary Payroll Deductions Act of  1983
is amended by changing Sections 2 and 3 as follows:

    (5 ILCS 340/2) (from Ch. 15, par. 502)
    Sec.  2.  Public  policy. It is the public policy of this
State and the objective of this Act to lessen the burdens  of
State government and of local communities in meeting needs of
human  health  and  welfare;  to provide a convenient channel
through   which State public servants may contribute to these
efforts; to minimize or eliminate  disruption  of  the  State
workplace and costs to State taxpayers that such fund-raising
may  entail;  to serve needs of human health and welfare; and
to  ensure  that   recipient   organizations   agencies   are
responsible in the uses of the moneys so raised.
(Source: P.A. 83-843.)

    (5 ILCS 340/3) (from Ch. 15, par. 503)
    Sec.  3.  Definitions.  As  used  in  this Act unless the
context otherwise requires:
    (a)  "Employee" means any regular officer or employee who
receives salary or wages for personal  services  rendered  to
the State of Illinois.
    (b)  "Qualified   organization"   means  an  organization
representing  one  or   more   benefiting   agencies,   which
organization  is  designated  by  the  State  Comptroller  as
qualified  to  receive payroll deductions under this Act.  An
organization  desiring  to  be  designated  as  a   qualified
organization shall:
         (1)  Submit  written  designations on forms approved
    by the State Comptroller by 4,000 or more  employees,  in
    which  such  employees  indicate that the organization is
    one  for  which  the  employee   intends   to   authorize
    withholding.  The  forms  shall  require the name, social
    security number, and  employing  State  agency  for  each
    employee.  Upon notification by the Comptroller that such
    forms  have been approved, the organization shall, within
    30 days, notify in writing the Governor or  his  designee
    of  its  intention  to  obtain  the  required  number  of
    designations.   Such  organization  shall  have 12 months
    from that date, to obtain the necessary designations. The
    signed forms and signatures on the forms shall be subject
    to verification by the State Comptroller;
         (2)  Certify that all benefiting  agencies  are  tax
    exempt  under  Section 501 (c)(3) of the Internal Revenue
         (3)  Certify that all  benefiting  agencies  are  in
    compliance with the Illinois Human Rights Act;
         (4)  Certify  that  all  benefiting  agencies are in
    compliance  with  the  Charitable  Trust  Act   and   the
    Solicitation for Charity Act;
         (5)  Certify  that  all benefiting agencies actively
    conduct health or welfare programs and  provide  services
    to  individuals  directed at one or more of the following
    common human needs within a community: service, research,
    and education in the health fields; family and child care
    services; protective services for  children  and  adults;
    services for children and adults in foster care; services
    related  to  the  management and maintenance of the home;
    day care services for  adults;  transportation  services;
    information,  referral  and counseling services; services
    to eliminate illiteracy; the preparation and delivery  of
    meals;  adoption  services;  emergency  shelter  care and
    relief  services;  disaster   relief   services;   safety
    services;   neighborhood   and   community   organization
    services;  recreation  services;  social  adjustment  and
    rehabilitation  services;  health  support services; or a
    combination of such services designed to meet the special
    needs of specific groups, such as children and youth, the
    ill and infirm, and the physically handicapped; and  that
    all  such benefiting agencies provide the above described
    services  to  individuals  and  their  families  in   the
    community  and surrounding area in which the organization
    conducts its fund drive, or that such benefiting agencies
    provide relief to victims of natural disasters and  other
    emergencies on a where and as needed basis;
         (6)  Certify that the organization has disclosed the
    percentage of the organization's total collected receipts
    from  employees  that  are  distributed to the benefiting
    agencies and the percentage of the  organization's  total
    collected  receipts  from employees that are expended for
    fund-raising and overhead costs.  These percentages shall
    be the same percentage figures annually disclosed by  the
    organization  to  the  Attorney  General.  The disclosure
    shall be made to all solicited employees and shall be  in
    the  form  of a factual statement on all petitions and in
    the campaign's employee brochure;
         (7)  Certify that all benefiting agencies  receiving
    funds  which the employee has requested or designated for
    distribution to a particular  community  and  surrounding
    area  use  a  majority  of  such  funds  distributed  for
    services  in  the  actual  provision  of services in that
    community and surrounding area;
         (8)  Certify  that  neither  it   nor   its   member
    organizations    will   solicit   State   employees   for
    contributions at their workplace, except pursuant to this
    Act and the rules promulgated thereunder.  Each qualified
    organization, and  each  participating  United  Fund,  is
    encouraged  to  cooperate  with  all  others and with all
    State agencies and  educational  institutions  so  as  to
    simplify   procedures,  to  resolve  differences  and  to
    minimize costs; and
         (9)  Certify that it  will  pay  its  share  of  the
    campaign  costs and will comply with the Code of Campaign
    Conduct as approved by the Governor or  other  agency  as
    designated by the Governor; and.
         (10)  Certify that it maintains a year-round office,
    the  telephone  number,  and  person  responsible for the
    operations  of  the  organization   in   Illinois.   That
    information shall be provided to the State Comptroller at
    the  time the organization is seeking participation under
    this Act.
    Each qualified organization shall  submit  to  the  State
Comptroller  between  January  1  and March 1 of each year, a
statement that the organization is in compliance with all  of
the  requirements  set  forth in paragraphs (2) through (10).
The State Comptroller shall  exclude  any  organization  that
fails  to  submit  the  statement  from the next solicitation
    In  order  to  be   designated   as   a   qualified,   an
organization,  the organization shall have existed at least 2
years prior  to  submitting  the  written  designation  forms
required  in  paragraph  (1)  and  shall certify to the State
Comptroller  that  such  organization  has   been   providing
services  described  in  paragraph  (5)  in  Illinois. If the
organization seeking designation  represents  more  than  one
benefiting  agency,  it need not have existed for 2 years but
shall certify to the  State  Comptroller  that  each  of  its
benefiting agencies has existed for at least 2 years prior to
submitting   the   written   designation  forms  required  in
paragraph (1) and  that  each  has  been  providing  services
described in paragraph (5) in Illinois.
    Organizations which have met the requirements of this Act
shall   be   permitted   to  participate  in  the  State  and
Universities Combined Appeal as of January 1st  of  the  year
immediately following their approval by the Comptroller.
    Where the certifications described in paragraphs 2, 3, 4,
5,  6,  7, 8, and 9, and 10 above are made by an organization
representing more than one benefiting agency  they  shall  be
based  upon  the  knowledge  and  belief  of  such  qualified
organization.  Any  qualified  organization shall immediately
notify the State Comptroller  in  writing  if  the  qualified
organization  receives information or otherwise believes that
a benefiting agency is  no  longer  in  compliance  with  the
certification  of  the  qualified  organization.  A qualified
organization representing more  than  one  benefiting  agency
shall  thereafter  withhold  and refrain from distributing to
such benefiting agency those funds received pursuant to  this
Act  until  the benefiting agency is again in compliance with
the qualified organization's  certification.   The  qualified
organization  shall  immediately notify the State Comptroller
of  the  benefiting  agency's  resumed  compliance  with  the
certification,  based  upon  the   qualified   organization's
knowledge  and  belief,  and shall pay over to the benefiting
agency those funds previously withheld.
    The Comptroller shall, by February 1st of each  year,  so
notify  any  qualified organization that failed to receive at
least 500 payroll deduction  pledges  deductions  during  the
solicitation period ending May 1, 1990, and thereafter during
each  immediately  preceding solicitation period as set forth
in Section 6.  The notification  shall  give  such  qualified
organization  until March 1st to provide the Comptroller with
documentation that the 500  deduction  requirement  has  been
met.   On the basis of all the documentation, the Comptroller
shall, by March 15th of each year, submit to the Governor  or
his  designee,  or  such other agency as may be determined by
the Governor, a list of all organizations which have met  the
500  payroll deduction requirement.  Only those organizations
which have met  such  requirements,  as  well  as  the  other
requirements  of  this Section, shall be permitted to solicit
State  employees  for   voluntary   contributions   and   the
Comptroller   shall  discontinue  withholding  for  any  such
organization which fails to meet these requirements.
    (c)  "United Fund" means the organization conducting  the
single,  annual,  consolidated  effort  to  secure  funds for
distribution to agencies engaged  in  charitable  and  public
health,  welfare  and  services  purposes,  which is commonly
known as the United Fund, or the organization which serves in
place of the United Fund organization in communities where an
organization known as the United Fund is not organized.
    (d)  "State and Universities Employees  Combined  Appeal"
(SECA),  otherwise  known as "SECA", means the State-directed
joint effort of all of the qualified organizations,  together
with  the  United  Funds,  for  the solicitation of voluntary
contributions from State and University employees.
    In order for a United Fund to participate  in  the  State
and  Universities  Employees Combined Appeal, it shall comply
with the provisions of Section 3, paragraph (9).
(Source: P.A. 87-1053; 88-243.)

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

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