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Public Act 92-0634
HB5829 Enrolled LRB9216057JMcs
AN ACT concerning payroll deductions.
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 Section 3 as follows:
(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, and includes an individual hired as an
employee by contract with that individual.
(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 or
State annuitants, in which such employees or State
annuitants indicate that the organization is one for
which the employee or State annuitant intends to
authorize withholding. The forms shall require the name,
last 4 digits only of the 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 or her 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 and return to the State
Comptroller's office the completed designations, which.
The signed forms and signatures on the forms shall be
subject to verification procedures established by the
State Comptroller;
(2) Certify that all benefiting agencies are tax
exempt under Section 501(c)(3) of the Internal Revenue
Code;
(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 or State annuitants that are distributed
to the benefiting agencies and the percentage of the
organization's total collected receipts from employees or
State annuitants 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 State annuitants and shall be
in the form of a factual statement on all petitions and
in the campaign's brochures for employees and State
annuitants;
(7) Certify that all benefiting agencies receiving
funds which the employee or State annuitant 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;
(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
period.
In order to be designated as a qualified 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), (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 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 or her 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
or State annuitants 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.
In order for a United Fund to participate in the State
and Universities Employees Combined Appeal, it shall comply
with the provisions of paragraph (9) of subsection (b).
(d) "State and Universities Employees Combined Appeal",
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 and State
annuitants.
(e) "Retirement system" means any or all of the
following: the General Assembly Retirement System, the State
Employees' Retirement System of Illinois, the State
Universities Retirement System, the Teachers' Retirement
System of the State of Illinois, and the Judges Retirement
System.
(f) "State annuitant" means a person receiving an
annuity or disability benefit under Article 2, 14, 15, 16, or
18 of the Illinois Pension Code.
(Source: P.A. 90-487, eff. 8-17-97; 91-357, eff. 7-29-99;
91-533, eff. 8-13-99; 91-896, eff. 7-6-00.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly April 25, 2002.
Approved July 11, 2002.
Effective July 11, 2002.
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