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| [ Introduced ] | [ House Amendment 001 ] |
91_HB0912eng HB0912 Engrossed LRB9101550JMcs 1 AN ACT to amend the Voluntary Payroll Deductions Act of 2 1983 by changing Section 3. 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 Section 3 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, or an individual hired as an employee 13 by a contract with that individual. 14 (b) "Qualified organization" means an organization 15 representing one or more benefiting agencies, which 16 organization is designated by the State Comptroller as 17 qualified to receive payroll deductions under this Act. An 18 organization desiring to be designated as a qualified 19 organization shall: 20 (1) Submit written designations on forms approved 21 by the State Comptroller by 4,000 or more employees, in 22 which such employees indicate that the organization is 23 one for which the employee intends to authorize 24 withholding. The forms shall require the name, social 25 security number, and employing State agency for each 26 employee. Upon notification by the Comptroller that such 27 forms have been approved, the organization shall, within 28 30 days, notify in writing the Governor or his designee 29 of its intention to obtain the required number of 30 designations. Such organization shall have 12 months 31 from that date, to obtain the necessary designations. The HB0912 Engrossed -2- LRB9101550JMcs 1 signed forms and signatures on the forms shall be subject 2 to verification by the State Comptroller; 3 (2) Certify that all benefiting agencies are tax 4 exempt under Section 501(c)(3) of the Internal Revenue 5 Code; 6 (3) Certify that all benefiting agencies are in 7 compliance with the Illinois Human Rights Act; 8 (4) Certify that all benefiting agencies are in 9 compliance with the Charitable Trust Act and the 10 Solicitation for Charity Act; 11 (5) Certify that all benefiting agencies actively 12 conduct health or welfare programs and provide services 13 to individuals directed at one or more of the following 14 common human needs within a community: service, research, 15 and education in the health fields; family and child care 16 services; protective services for children and adults; 17 services for children and adults in foster care; services 18 related to the management and maintenance of the home; 19 day care services for adults; transportation services; 20 information, referral and counseling services; services 21 to eliminate illiteracy; the preparation and delivery of 22 meals; adoption services; emergency shelter care and 23 relief services; disaster relief services; safety 24 services; neighborhood and community organization 25 services; recreation services; social adjustment and 26 rehabilitation services; health support services; or a 27 combination of such services designed to meet the special 28 needs of specific groups, such as children and youth, the 29 ill and infirm, and the physically handicapped; and that 30 all such benefiting agencies provide the above described 31 services to individuals and their families in the 32 community and surrounding area in which the organization 33 conducts its fund drive, or that such benefiting agencies 34 provide relief to victims of natural disasters and other HB0912 Engrossed -3- LRB9101550JMcs 1 emergencies on a where and as needed basis; 2 (6) Certify that the organization has disclosed the 3 percentage of the organization's total collected receipts 4 from employees that are distributed to the benefiting 5 agencies and the percentage of the organization's total 6 collected receipts from employees that are expended for 7 fund-raising and overhead costs. These percentages shall 8 be the same percentage figures annually disclosed by the 9 organization to the Attorney General. The disclosure 10 shall be made to all solicited employees and shall be in 11 the form of a factual statement on all petitions and in 12 the campaign's employee brochure; 13 (7) Certify that all benefiting agencies receiving 14 funds which the employee has requested or designated for 15 distribution to a particular community and surrounding 16 area use a majority of such funds distributed for 17 services in the actual provision of services in that 18 community and surrounding area; 19 (8) Certify that neither it nor its member 20 organizations will solicit State employees for 21 contributions at their workplace, except pursuant to this 22 Act and the rules promulgated thereunder. Each qualified 23 organization, and each participating United Fund, is 24 encouraged to cooperate with all others and with all 25 State agencies and educational institutions so as to 26 simplify procedures, to resolve differences and to 27 minimize costs; 28 (9) Certify that it will pay its share of the 29 campaign costs and will comply with the Code of Campaign 30 Conduct as approved by the Governor or other agency as 31 designated by the Governor; 32 (10) Certify that it maintains a year-round office, 33 the telephone number, and person responsible for the 34 operations of the organization in Illinois. That HB0912 Engrossed -4- LRB9101550JMcs 1 information shall be provided to the State Comptroller at 2 the time the organization is seeking participation under 3 this Act; and 4 (11) Provide (i) an annual audit, in conformance 5 with generally accepted accounting procedures and current 6 to within 12 months of the organization's fiscal 7 year-end, (ii) Internal Revenue Service Form 990 covering 8 the same period as the submitted audit, and (iii) an 9 annual report of the organization's activities, current 10 to within 12 months of the organization's fiscal year. If 11 a qualifying organization represents more than one 12 benefiting agency, it shall also certify that the 13 documentation required by this paragraph is on file for 14 those agencies. The Comptroller is authorized to request 15 documentation of the qualifying organization for any or 16 all of the benefiting agencies upon written request. The 17 qualifying organization shall have 10 business days to 18 respond after it receives the request. 19 Each qualified organization shall submit to the State 20 Comptroller between January 1 and March 1 of each year, a 21 statement that the organization is in compliance with all of 22 the requirements set forth in paragraphs (2) through (11). 23 The State Comptroller shall exclude any organization that 24 fails to submit the statement from the next solicitation 25 period. 26 In order to be designated as a qualified organization, 27 the organization shall have existed at least 2 years prior to 28 submitting the written designation forms required in 29 paragraph (1) and shall certify to the State Comptroller that 30 such organization has been providing services described in 31 paragraph (5) in Illinois. If the organization seeking 32 designation represents more than one benefiting agency, it 33 need not have existed for 2 years but shall certify to the 34 State Comptroller that each of its benefiting agencies has HB0912 Engrossed -5- LRB9101550JMcs 1 existed for at least 2 years prior to submitting the written 2 designation forms required in paragraph (1) and that each has 3 been providing services described in paragraph (5) in 4 Illinois. 5 Organizations which have met the requirements of this Act 6 shall be permitted to participate in the State and 7 Universities Combined Appeal as of January 1st of the year 8 immediately following their approval by the Comptroller. 9 Where the certifications described in paragraphs (2), 10 (3), (4), (5), (6), (7), (8), (9), (10), and (11)2, 3, 4, 5,116, 7, 8, 9, 10, and 11above are made by an organization 12 representing more than one benefiting agency they shall be 13 based upon the knowledge and belief of such qualified 14 organization. Any qualified organization shall immediately 15 notify the State Comptroller in writing if the qualified 16 organization receives information or otherwise believes that 17 a benefiting agency is no longer in compliance with the 18 certification of the qualified organization. A qualified 19 organization representing more than one benefiting agency 20 shall thereafter withhold and refrain from distributing to 21 such benefiting agency those funds received pursuant to this 22 Act until the benefiting agency is again in compliance with 23 the qualified organization's certification. The qualified 24 organization shall immediately notify the State Comptroller 25 of the benefiting agency's resumed compliance with the 26 certification, based upon the qualified organization's 27 knowledge and belief, and shall pay over to the benefiting 28 agency those funds previously withheld. 29 The Comptroller shall, by February 1st of each year, so 30 notify any qualified organization that failed to receive at 31 least 500 payroll deduction pledges during each immediately 32 preceding solicitation period as set forth in Section 6. The 33 notification shall give such qualified organization until 34 March 1st to provide the Comptroller with documentation that HB0912 Engrossed -6- LRB9101550JMcs 1 the 500 deduction requirement has been met. On the basis of 2 all the documentation, the Comptroller shall, by March 15th 3 of each year, submit to the Governor or his designee, or such 4 other agency as may be determined by the Governor, a list of 5 all organizations which have met the 500 payroll deduction 6 requirement. Only those organizations which have met such 7 requirements, as well as the other requirements of this 8 Section, shall be permitted to solicit State employees for 9 voluntary contributions and the Comptroller shall discontinue 10 withholding for any such organization which fails to meet 11 these requirements. 12 (c) "United Fund" means the organization conducting the 13 single, annual, consolidated effort to secure funds for 14 distribution to agencies engaged in charitable and public 15 health, welfare and services purposes, which is commonly 16 known as the United Fund, or the organization which serves in 17 place of the United Fund organization in communities where an 18 organization known as the United Fund is not organized. 19 (d) "State and Universities Employees Combined Appeal" 20 (SECA), otherwise known as "SECA", means the State-directed 21 joint effort of all of the qualified organizations, together 22 with the United Funds, for the solicitation of voluntary 23 contributions from State and University employees. 24 In order for a United Fund to participate in the State 25 and Universities Employees Combined Appeal, it shall comply 26 with the provisions ofSection 3,paragraph (9) of subsection 27 (b). 28 (Source: P.A. 90-487, eff. 8-17-97; revised 10-31-98.) 29 Section 99. Effective date. This Act takes effect upon 30 becoming law.