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91_HB0912
LRB9101550JMcs
1 AN ACT to amend the Voluntary Payroll Deductions Act of
2 1983 by changing the title and Sections 3, 4, 5, and 6.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Voluntary Payroll Deductions Act of 1983
6 is amended by changing Sections 3, 4, 5, and 6 as follows:
7 (5 ILCS 340/3) (from Ch. 15, par. 503)
8 Sec. 3. Definitions. As used in this Act unless the
9 context otherwise requires:
10 (a) "Employee" means any regular officer or employee who
11 receives salary or wages for personal services rendered to
12 the State of Illinois.
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, in
21 which such employees indicate that the organization is
22 one for which the employee intends to authorize
23 withholding. The forms shall require the name, social
24 security number, and employing State agency for each
25 employee. Upon notification by the Comptroller that such
26 forms have been approved, the organization shall, within
27 30 days, notify in writing the Governor or his designee
28 of its intention to obtain the required number of
29 designations. Such organization shall have 12 months
30 from that date, to obtain the necessary designations. The
31 signed forms and signatures on the forms shall be subject
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1 to verification by the State Comptroller;
2 (2) Certify that all benefiting agencies are tax
3 exempt under Section 501 (c)(3) of the Internal Revenue
4 Code;
5 (3) Certify that all benefiting agencies are in
6 compliance with the Illinois Human Rights Act;
7 (4) Certify that all benefiting agencies are in
8 compliance with the Charitable Trust Act and the
9 Solicitation for Charity Act;
10 (5) Certify that all benefiting agencies actively
11 conduct health or welfare programs and provide services
12 to individuals directed at one or more of the following
13 common human needs within a community: service, research,
14 and education in the health fields; family and child care
15 services; protective services for children and adults;
16 services for children and adults in foster care; services
17 related to the management and maintenance of the home;
18 day care services for adults; transportation services;
19 information, referral and counseling services; services
20 to eliminate illiteracy; the preparation and delivery of
21 meals; adoption services; emergency shelter care and
22 relief services; disaster relief services; safety
23 services; neighborhood and community organization
24 services; recreation services; social adjustment and
25 rehabilitation services; health support services; or a
26 combination of such services designed to meet the special
27 needs of specific groups, such as children and youth, the
28 ill and infirm, and the physically handicapped; and that
29 all such benefiting agencies provide the above described
30 services to individuals and their families in the
31 community and surrounding area in which the organization
32 conducts its fund drive, or that such benefiting agencies
33 provide relief to victims of natural disasters and other
34 emergencies on a where and as needed basis;
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1 (6) Certify that the organization has disclosed the
2 percentage of the organization's total collected receipts
3 from employees and personal services contractors that are
4 distributed to the benefiting agencies and the percentage
5 of the organization's total collected receipts from
6 employees and personal services contractors that are
7 expended for fund-raising and overhead costs. These
8 percentages shall be the same percentage figures annually
9 disclosed by the organization to the Attorney General.
10 The disclosure shall be made to all solicited employees
11 and personal services contractors and shall be in the
12 form of a factual statement on all petitions and in the
13 campaign's employee brochure;
14 (7) Certify that all benefiting agencies receiving
15 funds which the employee or personal services contractor
16 has requested or designated for distribution to a
17 particular community and surrounding area use a majority
18 of such funds distributed for services in the actual
19 provision of services in that community and surrounding
20 area;
21 (8) Certify that neither it nor its member
22 organizations will solicit State employees or personal
23 services contractors for contributions at their
24 workplace, except pursuant to this Act and the rules
25 promulgated thereunder. Each qualified organization, and
26 each participating United Fund, shall is encouraged to
27 cooperate with all others and with all State agencies and
28 educational institutions so as to simplify procedures, to
29 resolve differences and to minimize costs;
30 (9) Certify that it will pay its share of the
31 campaign costs and will comply with the Code of Campaign
32 Conduct as approved by the Governor or other agency as
33 designated by the Governor;
34 (10) Certify that it maintains a year-round office,
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1 the telephone number, and person responsible for the
2 operations of the organization in Illinois. That
3 information shall be provided to the State Comptroller at
4 the time the organization is seeking participation under
5 this Act; and
6 (11) Provide (i) an annual audit, in conformance
7 with generally accepted accounting procedures and current
8 to within 12 months of the organization's fiscal
9 year-end, (ii) Internal Revenue Service Form 990 covering
10 the same period as the submitted audit, and (iii) an
11 annual report of the organization's activities, current
12 to within 12 months of the organization's fiscal year. If
13 a qualifying organization represents more than one
14 benefiting agency, it shall also certify that the
15 documentation required by this paragraph is on file for
16 those agencies. The Comptroller is authorized to request
17 documentation of the qualifying organization for any or
18 all of the benefiting agencies upon written request. The
19 qualifying organization shall have 10 business days to
20 respond after it receives the request.
21 Each qualified organization shall submit to the State
22 Comptroller between January 1 and March 1 of each year, a
23 statement that the organization is in compliance with all of
24 the requirements set forth in paragraphs (2) through (11).
25 The State Comptroller shall exclude any organization that
26 fails to submit the statement from the next solicitation
27 period.
28 In order to be designated as a qualified organization,
29 the organization shall have existed at least 2 years prior to
30 submitting the written designation forms required in
31 paragraph (1) and shall certify to the State Comptroller that
32 such organization has been providing services described in
33 paragraph (5) in Illinois. If the organization seeking
34 designation represents more than one benefiting agency, it
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1 need not have existed for 2 years but shall certify to the
2 State Comptroller that each of its benefiting agencies has
3 existed for at least 2 years prior to submitting the written
4 designation forms required in paragraph (1) and that each has
5 been providing services described in paragraph (5) in
6 Illinois.
7 Organizations which have met the requirements of this Act
8 shall be permitted to participate in the State and
9 Universities Combined Appeal as of January 1st of the year
10 immediately following their approval by the Comptroller.
11 Where the certifications described in paragraphs 2, 3, 4,
12 5, 6, 7, 8, 9, 10, and 11 above are made by an organization
13 representing more than one benefiting agency they shall be
14 based upon the knowledge and belief of such qualified
15 organization. Any qualified organization shall immediately
16 notify the State Comptroller in writing if the qualified
17 organization receives information or otherwise believes that
18 a benefiting agency is no longer in compliance with the
19 certification of the qualified organization. A qualified
20 organization representing more than one benefiting agency
21 shall thereafter withhold and refrain from distributing to
22 such benefiting agency those funds received pursuant to this
23 Act until the benefiting agency is again in compliance with
24 the qualified organization's certification. The qualified
25 organization shall immediately notify the State Comptroller
26 of the benefiting agency's resumed compliance with the
27 certification, based upon the qualified organization's
28 knowledge and belief, and shall pay over to the benefiting
29 agency those funds previously withheld.
30 The Comptroller shall, by February 1st of each year, so
31 notify any qualified organization that failed to receive at
32 least 500 payroll deduction pledges during each immediately
33 preceding solicitation period as set forth in Section 6. The
34 notification shall give such qualified organization until
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1 March 1st to provide the Comptroller with documentation that
2 the 500 deduction requirement has been met. On the basis of
3 all the documentation, the Comptroller shall, by March 15th
4 of each year, submit to the Governor or his designee, or such
5 other agency as may be determined by the Governor, a list of
6 all organizations which have met the 500 payroll deduction
7 requirement. Only those organizations which have met such
8 requirements, as well as the other requirements of this
9 Section, shall be permitted to solicit State employees for
10 voluntary contributions and the Comptroller shall discontinue
11 withholding for any such organization which fails to meet
12 these requirements.
13 (c) "United Fund" means the organization conducting the
14 single, annual, consolidated effort to secure funds for
15 distribution to agencies engaged in charitable and public
16 health, welfare and services purposes, which is commonly
17 known as the United Fund, or the organization which serves in
18 place of the United Fund organization in communities where an
19 organization known as the United Fund is not organized.
20 (d) "State and Universities Employees Combined Appeal"
21 (SECA), otherwise known as "SECA", means the State-directed
22 joint effort of all of the qualified organizations, together
23 with the United Funds, for the solicitation of voluntary
24 contributions from State and University employees and
25 personal services contractors.
26 In order for a United Fund to participate in the State
27 and Universities Employees Combined Appeal, it shall comply
28 with the provisions of Section 3, paragraph (9).
29 (e) "Personal services contractor" means an individual,
30 other than an employee, who performs services under a
31 contract with the State and whose compensation is subject to
32 income tax withholding.
33 (Source: P.A. 90-487, eff. 8-17-97.)
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1 (5 ILCS 340/4) (from Ch. 15, par. 504)
2 Sec. 4. An employee or personal services contractor may
3 authorize the withholding of a portion of his salary or wages
4 for contribution to a maximum number of 4 organizations
5 described in paragraphs (b) and (c) of Section 3 of this Act.
6 A department, board, body, agency or commission may direct
7 the State Comptroller to deduct, and the University of
8 Illinois, Southern Illinois University, Chicago State
9 University, Eastern Illinois University, Governors State
10 University, Illinois State University, Northeastern Illinois
11 University, Northern Illinois University, and Western
12 Illinois University may deduct, upon written request of a
13 State employee or personal services contractor, for each
14 regular payroll period, from the salary or wages of the
15 employee or personal services contractor the amount specified
16 in the written request for payment to the organization
17 designated by the employee or personal services contractor.
18 The moneys so deducted shall be paid over promptly to the
19 organizations designated by the employee or personal services
20 contractor by means of warrants drawn by the State
21 Comptroller, the University of Illinois, Southern Illinois
22 University, Chicago State University, Eastern Illinois
23 University, Governors State University, Illinois State
24 University, Northeastern Illinois University, Northern
25 Illinois University, and Western Illinois University, against
26 the appropriation for personal services of the department,
27 board, body, agency or commission by which such employee or
28 personal services contractor is employed.
29 Such deductions may be made notwithstanding that the
30 compensation paid in cash to such employee or personal
31 services contractor is thereby reduced below the minimum
32 prescribed by law. Payment to such employee or personal
33 services contractor of compensation less such deduction shall
34 constitute a full and complete discharge and acquittance of
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1 all claims and demands whatsoever for the services rendered
2 by such employee or personal services contractor during the
3 period covered by such payment.
4 Such request for deduction may be withdrawn at any time
5 by filing a written notification of withdrawal with the
6 department, board, body, agency or commission, the University
7 of Illinois, Southern Illinois University, Chicago State
8 University, Eastern Illinois University, Governors State
9 University, Illinois State University, Northeastern Illinois
10 University, Northern Illinois University, or Western Illinois
11 University, by which such employee or personal services
12 contractor is employed.
13 (Source: P.A. 89-4, eff. 1-1-96.)
14 (5 ILCS 340/5) (from Ch. 15, par. 505)
15 Sec. 5. The State Comptroller shall promulgate and issue
16 reasonable rules and regulations as deemed necessary for the
17 administration of this Act.
18 However, all solicitations of State employees and
19 personal services contractors for contributions at their
20 workplace shall be in accordance with rules promulgated by
21 the Governor or his designee or other agency as may be
22 designated by the Governor.
23 The rules promulgated by the Governor or his designee or
24 other agency as designated by the Governor shall include a
25 Code of Campaign Conduct that all qualified organizations and
26 United Funds shall subscribe to in writing, provision for the
27 handling of cash contributions, provision for an Advisory
28 Committee, provisions for the allocation of expenses among
29 the participating organizations, an organizational plan and
30 structure whereby responsibilities are set forth for the
31 appropriate State employees and personal services contractors
32 and the participating organizations, and any other matters
33 that are necessary to accomplish the purposes of this Act.
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1 Other Constitutional officers, the University of
2 Illinois, Southern Illinois University, Chicago State
3 University, Eastern Illinois University, Governors State
4 University, Illinois State University, Northeastern Illinois
5 University, Northern Illinois University, and Western
6 Illinois University shall be governed by the rules
7 promulgated pursuant to this Section, unless such entities
8 adopt their own rules governing solicitation of contributions
9 at the workplace.
10 All rules promulgated pursuant to this Section shall not
11 discriminate against one or more qualified organizations or
12 United Funds.
13 (Source: P.A. 89-4, eff. 1-1-96.)
14 (5 ILCS 340/6) (from Ch. 15, par. 506)
15 Sec. 6. Pursuant to the provision of Section 5, rules
16 shall be promulgated which establish a period between
17 September 1 and November 30 during which all qualified
18 organizations and United Funds shall be permitted to solicit
19 State employees and personal services contractors for
20 voluntary contributions at their places of work. No
21 organization shall solicit State employees or personal
22 services contractors for contributions at their places of
23 work, except pursuant to the provisions of this Act and the
24 rules promulgated thereunder.
25 (Source: P.A. 86-992.)
26 Section 10. The Voluntary Payroll Deductions Act of 1983
27 is amended by changing the title as follows:
28 (5 ILCS 340/Act title)
29 An Act in relation to voluntary payroll deductions by
30 State officers, and employees and personal services
31 contractors, repealing an Act herein named.
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.