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| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ Senate Amendment 001 ] |
91_SB1284eng SB1284 Engrossed LRB9108906EGfg 1 AN ACT to amend the Voluntary Payroll Deductions Act of 2 1983. 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 and 8 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, and includes an individual hired as an 13 employee by 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 SB1284 Engrossed -2- LRB9108906EGfg 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 SB1284 Engrossed -3- LRB9108906EGfg 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; and 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 SB1284 Engrossed -4- LRB9108906EGfg 1 information shall be provided to the State Comptroller at 2 the time the organization is seeking participation under 3 this Act. 4 Each qualified organization shall submit to the State 5 Comptroller between January 1 and March 1 of each year, a 6 statement that the organization is in compliance with all of 7 the requirements set forth in paragraphs (2) through (10). 8 The State Comptroller shall exclude any organization that 9 fails to submit the statement from the next solicitation 10 period. 11 In order to be designated as a qualified organization, 12 the organization shall have existed at least 2 years prior to 13 submitting the written designation forms required in 14 paragraph (1) and shall certify to the State Comptroller that 15 such organization has been providing services described in 16 paragraph (5) in Illinois. If the organization seeking 17 designation represents more than one benefiting agency, it 18 need not have existed for 2 years but shall certify to the 19 State Comptroller that each of its benefiting agencies has 20 existed for at least 2 years prior to submitting the written 21 designation forms required in paragraph (1) and that each has 22 been providing services described in paragraph (5) in 23 Illinois. 24 Organizations which have met the requirements of this Act 25 shall be permitted to participate in the State and 26 Universities Combined Appeal as of January 1st of the year 27 immediately following their approval by the Comptroller. 28 Where the certifications described in paragraphs (2), 29 (3), (4), (5), (6), (7), (8), (9), and (10) above are made by 30 an organization representing more than one benefiting agency 31 they shall be based upon the knowledge and belief of such 32 qualified organization. Any qualified organization shall 33 immediately notify the State Comptroller in writing if the 34 qualified organization receives information or otherwise SB1284 Engrossed -5- LRB9108906EGfg 1 believes that a benefiting agency is no longer in compliance 2 with the certification of the qualified organization. A 3 qualified organization representing more than one benefiting 4 agency shall thereafter withhold and refrain from 5 distributing to such benefiting agency those funds received 6 pursuant to this Act until the benefiting agency is again in 7 compliance with the qualified organization's certification. 8 The qualified organization shall immediately notify the State 9 Comptroller of the benefiting agency's resumed compliance 10 with the certification, based upon the qualified 11 organization's knowledge and belief, and shall pay over to 12 the benefiting agency those funds previously withheld. 13 The Comptroller shall, by February 1st of each year, so 14 notify any qualified organization that failed to receive at 15 least 500 payroll deduction pledges during each immediately 16 preceding solicitation period as set forth in Section 6. The 17 notification shall give such qualified organization until 18 March 1st to provide the Comptroller with documentation that 19 the 500 deduction requirement has been met. On the basis of 20 all the documentation, the Comptroller shall, by March 15th 21 of each year, submit to the Governor or his designee, or such 22 other agency as may be determined by the Governor, a list of 23 all organizations which have met the 500 payroll deduction 24 requirement. Only those organizations which have met such 25 requirements, as well as the other requirements of this 26 Section, shall be permitted to solicit State employees for 27 voluntary contributions and the Comptroller shall discontinue 28 withholding for any such organization which fails to meet 29 these requirements. 30 (c) "United Fund" means the organization conducting the 31 single, annual, consolidated effort to secure funds for 32 distribution to agencies engaged in charitable and public 33 health, welfare and services purposes, which is commonly 34 known as the United Fund, or the organization which serves in SB1284 Engrossed -6- LRB9108906EGfg 1 place of the United Fund organization in communities where an 2 organization known as the United Fund is not organized. 3 (d) "State and Universities Employees Combined Appeal" 4 (SECA), otherwise known as "SECA", means the State-directed 5 joint effort of all of the qualified organizations, together 6 with the United Funds, for the solicitation of voluntary 7 contributions from State and University employees. 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 (Source: P.A. 90-487, eff. 8-17-97; 91-357, eff. 7-29-99; 12 91-533, eff. 8-13-99.) 13 (5 ILCS 340/8) 14 Sec. 8. Reports. 15 (a) The Comptroller shall annually prepare a report on 16 the number of State and university employees who have 17 contributed to qualified organizations and united funds under 18 this Act. The report shall set forth (i) the number of 19 payroll deductions received by each qualified organization 20 and united fund, (ii) the total amount of the contributions 21 received by each qualified organization and united fund, and 22 (iii) the State agencies and universities from which the 23 contributions were received. The report shall be prepared no 24 later than April 1 of each year and shall be available to the 25 public upon request. 26 (b) By March 1 of each year, each university shall 27 submit to the Comptroller a report containing the information 28 required for the preparation of the Comptroller's report 29 under subsection (a) with respect to that university and its 30 employees. 31 (Source: P.A. 90-799, eff. 6-1-99.) 32 Section 99. Effective date. This Act takes effect upon SB1284 Engrossed -7- LRB9108906EGfg 1 becoming law.