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| [ Senate Amendment 001 ] |
91_SB1284ham001
LRB9108906EGfgam02
1 AMENDMENT TO SENATE BILL 1284
2 AMENDMENT NO. . Amend Senate Bill 1284 by replacing
3 the title with the following:
4 "AN ACT in relation to voluntary contributions."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Voluntary Payroll Deductions Act of 1983
8 is amended by changing Sections 2, 3, 4, 5, and 8 and adding
9 Section 4.5 as follows:
10 (5 ILCS 340/2) (from Ch. 15, par. 502)
11 Sec. 2. Public policy. It is the public policy of this
12 State and the objective of this Act to lessen the burdens of
13 State government and of local communities in meeting needs of
14 human health and welfare; to provide a convenient channel
15 through which State employees and State annuitants public
16 servants may contribute to these efforts; to minimize or
17 eliminate disruption of the State workplace and costs to
18 State taxpayers that such fund-raising may entail; to serve
19 needs of human health and welfare; and to ensure that
20 recipient organizations are responsible in the uses of the
21 moneys so raised.
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1 (Source: P.A. 90-487, eff. 8-17-97.)
2 (5 ILCS 340/3) (from Ch. 15, par. 503)
3 Sec. 3. Definitions. As used in this Act unless the
4 context otherwise requires:
5 (a) "Employee" means any regular officer or employee who
6 receives salary or wages for personal services rendered to
7 the State of Illinois, and includes an individual hired as an
8 employee by contract with that individual.
9 (b) "Qualified organization" means an organization
10 representing one or more benefiting agencies, which
11 organization is designated by the State Comptroller as
12 qualified to receive payroll deductions under this Act. An
13 organization desiring to be designated as a qualified
14 organization shall:
15 (1) Submit written designations on forms approved
16 by the State Comptroller by 4,000 or more employees or
17 State annuitants, in which such employees or State
18 annuitants indicate that the organization is one for
19 which the employee or State annuitant intends to
20 authorize withholding. The forms shall require the name,
21 social security number, and employing State agency for
22 each employee. Upon notification by the Comptroller that
23 such forms have been approved, the organization shall,
24 within 30 days, notify in writing the Governor or his or
25 her designee of its intention to obtain the required
26 number of designations. Such organization shall have 12
27 months from that date, to obtain the necessary
28 designations. The signed forms and signatures on the
29 forms shall be subject to verification by the State
30 Comptroller;
31 (2) Certify that all benefiting agencies are tax
32 exempt under Section 501(c)(3) of the Internal Revenue
33 Code;
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1 (3) Certify that all benefiting agencies are in
2 compliance with the Illinois Human Rights Act;
3 (4) Certify that all benefiting agencies are in
4 compliance with the Charitable Trust Act and the
5 Solicitation for Charity Act;
6 (5) Certify that all benefiting agencies actively
7 conduct health or welfare programs and provide services
8 to individuals directed at one or more of the following
9 common human needs within a community: service, research,
10 and education in the health fields; family and child care
11 services; protective services for children and adults;
12 services for children and adults in foster care; services
13 related to the management and maintenance of the home;
14 day care services for adults; transportation services;
15 information, referral and counseling services; services
16 to eliminate illiteracy; the preparation and delivery of
17 meals; adoption services; emergency shelter care and
18 relief services; disaster relief services; safety
19 services; neighborhood and community organization
20 services; recreation services; social adjustment and
21 rehabilitation services; health support services; or a
22 combination of such services designed to meet the special
23 needs of specific groups, such as children and youth, the
24 ill and infirm, and the physically handicapped; and that
25 all such benefiting agencies provide the above described
26 services to individuals and their families in the
27 community and surrounding area in which the organization
28 conducts its fund drive, or that such benefiting agencies
29 provide relief to victims of natural disasters and other
30 emergencies on a where and as needed basis;
31 (6) Certify that the organization has disclosed the
32 percentage of the organization's total collected receipts
33 from employees or State annuitants that are distributed
34 to the benefiting agencies and the percentage of the
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1 organization's total collected receipts from employees or
2 State annuitants that are expended for fund-raising and
3 overhead costs. These percentages shall be the same
4 percentage figures annually disclosed by the organization
5 to the Attorney General. The disclosure shall be made to
6 all solicited employees and State annuitants and shall be
7 in the form of a factual statement on all petitions and
8 in the campaign's brochures for employees and State
9 annuitants employee brochure;
10 (7) Certify that all benefiting agencies receiving
11 funds which the employee or State annuitant has requested
12 or designated for distribution to a particular community
13 and surrounding area use a majority of such funds
14 distributed for services in the actual provision of
15 services in that community and surrounding area;
16 (8) Certify that neither it nor its member
17 organizations will solicit State employees for
18 contributions at their workplace, except pursuant to this
19 Act and the rules promulgated thereunder. Each qualified
20 organization, and each participating United Fund, is
21 encouraged to cooperate with all others and with all
22 State agencies and educational institutions so as to
23 simplify procedures, to resolve differences and to
24 minimize costs;
25 (9) Certify that it will pay its share of the
26 campaign costs and will comply with the Code of Campaign
27 Conduct as approved by the Governor or other agency as
28 designated by the Governor; and
29 (10) Certify that it maintains a year-round office,
30 the telephone number, and person responsible for the
31 operations of the organization in Illinois. That
32 information shall be provided to the State Comptroller at
33 the time the organization is seeking participation under
34 this Act.
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1 Each qualified organization shall submit to the State
2 Comptroller between January 1 and March 1 of each year, a
3 statement that the organization is in compliance with all of
4 the requirements set forth in paragraphs (2) through (10).
5 The State Comptroller shall exclude any organization that
6 fails to submit the statement from the next solicitation
7 period.
8 In order to be designated as a qualified organization,
9 the organization shall have existed at least 2 years prior to
10 submitting the written designation forms required in
11 paragraph (1) and shall certify to the State Comptroller that
12 such organization has been providing services described in
13 paragraph (5) in Illinois. If the organization seeking
14 designation represents more than one benefiting agency, it
15 need not have existed for 2 years but shall certify to the
16 State Comptroller that each of its benefiting agencies has
17 existed for at least 2 years prior to submitting the written
18 designation forms required in paragraph (1) and that each has
19 been providing services described in paragraph (5) in
20 Illinois.
21 Organizations which have met the requirements of this Act
22 shall be permitted to participate in the State and
23 Universities Combined Appeal as of January 1st of the year
24 immediately following their approval by the Comptroller.
25 Where the certifications described in paragraphs (2),
26 (3), (4), (5), (6), (7), (8), (9), and (10) above are made by
27 an organization representing more than one benefiting agency
28 they shall be based upon the knowledge and belief of such
29 qualified organization. Any qualified organization shall
30 immediately notify the State Comptroller in writing if the
31 qualified organization receives information or otherwise
32 believes that a benefiting agency is no longer in compliance
33 with the certification of the qualified organization. A
34 qualified organization representing more than one benefiting
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1 agency shall thereafter withhold and refrain from
2 distributing to such benefiting agency those funds received
3 pursuant to this Act until the benefiting agency is again in
4 compliance with the qualified organization's certification.
5 The qualified organization shall immediately notify the State
6 Comptroller of the benefiting agency's resumed compliance
7 with the certification, based upon the qualified
8 organization's knowledge and belief, and shall pay over to
9 the benefiting agency those funds previously withheld.
10 The Comptroller shall, by February 1st of each year, so
11 notify any qualified organization that failed to receive at
12 least 500 payroll deduction pledges during each immediately
13 preceding solicitation period as set forth in Section 6. The
14 notification shall give such qualified organization until
15 March 1st to provide the Comptroller with documentation that
16 the 500 deduction requirement has been met. On the basis of
17 all the documentation, the Comptroller shall, by March 15th
18 of each year, submit to the Governor or his or her designee,
19 or such other agency as may be determined by the Governor, a
20 list of all organizations which have met the 500 payroll
21 deduction requirement. Only those organizations which have
22 met such requirements, as well as the other requirements of
23 this Section, shall be permitted to solicit State employees
24 or State annuitants for voluntary contributions, and the
25 Comptroller shall discontinue withholding for any such
26 organization which fails to meet these requirements.
27 (c) "United Fund" means the organization conducting the
28 single, annual, consolidated effort to secure funds for
29 distribution to agencies engaged in charitable and public
30 health, welfare and services purposes, which is commonly
31 known as the United Fund, or the organization which serves in
32 place of the United Fund organization in communities where an
33 organization known as the United Fund is not organized.
34 In order for a United Fund to participate in the State
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1 and Universities Employees Combined Appeal, it shall comply
2 with the provisions of paragraph (9) of subsection (b).
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 and State
8 annuitants.
9 (e) "Retirement system" means any or all of the
10 following: the General Assembly Retirement System, the State
11 Employees' Retirement System of Illinois, the State
12 Universities Retirement System, the Teachers' Retirement
13 System of the State of Illinois, and the Judges Retirement
14 System.
15 (f) "State annuitant" means a person receiving an
16 annuity or disability benefit under Article 2, 14, 15, 16, or
17 18 of the Illinois Pension Code.
18 (Source: P.A. 90-487, eff. 8-17-97; 91-357, eff. 7-29-99;
19 91-533, eff. 8-13-99.)
20 (5 ILCS 340/4) (from Ch. 15, par. 504)
21 Sec. 4. Employee withholding. An employee may authorize
22 the withholding of a portion of his or her salary or wages
23 for contribution to a maximum number of 4 organizations
24 described in paragraphs (b) and (c) of Section 3 of this Act.
25 A department, board, body, agency or commission may direct
26 the State Comptroller to deduct, and the University of
27 Illinois, Southern Illinois University, Chicago State
28 University, Eastern Illinois University, Governors State
29 University, Illinois State University, Northeastern Illinois
30 University, Northern Illinois University, and Western
31 Illinois University may deduct, upon written request of a
32 State employee, for each regular payroll period, from the
33 salary or wages of the employee the amount specified in the
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1 written request for payment to the organization designated by
2 the employee. The moneys so deducted shall be paid over
3 promptly to the organizations designated by the employee by
4 means of warrants drawn by the State Comptroller, the
5 University of Illinois, Southern Illinois University, Chicago
6 State University, Eastern Illinois University, Governors
7 State University, Illinois State University, Northeastern
8 Illinois University, Northern Illinois University, and
9 Western Illinois University, against the appropriation for
10 personal services of the department, board, body, agency or
11 commission by which such employee is employed.
12 Such deductions may be made notwithstanding that the
13 compensation paid in cash to such employee is thereby reduced
14 below the minimum prescribed by law. Payment to such
15 employee of compensation less such deduction shall constitute
16 a full and complete discharge and acquittance of all claims
17 and demands whatsoever for the services rendered by such
18 employee during the period covered by such payment.
19 Such request for deduction may be withdrawn at any time
20 by filing a written notification of withdrawal with the
21 department, board, body, agency or commission, the University
22 of Illinois, Southern Illinois University, Chicago State
23 University, Eastern Illinois University, Governors State
24 University, Illinois State University, Northeastern Illinois
25 University, Northern Illinois University, or Western Illinois
26 University, by which such employee is employed.
27 (Source: P.A. 89-4, eff. 1-1-96.)
28 (5 ILCS 340/4.5 new)
29 Sec. 4.5. State annuitant withholding. A State annuitant
30 may authorize the withholding of a portion of his or her
31 annuity or disability benefit for contribution to a maximum
32 of 4 organizations described in paragraphs (b) and (c) of
33 Section 3 of this Act. Upon written request of a State
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1 annuitant, a retirement system may deduct or direct the State
2 Comptroller to deduct from the annuity or disability benefit
3 of the State annuitant the amount specified in the written
4 request for payment to the organization designated by the
5 State annuitant. The retirement system may determine the
6 timing for the deductions based on the retirement system's
7 benefit processing schedule. The moneys so deducted shall be
8 paid over promptly to the organizations designated by the
9 State annuitant by means of warrants drawn by the retirement
10 system or the State Comptroller against the fund from which
11 the State annuitant is receiving his or her annuity or
12 disability benefit.
13 Withholding under this Section may be terminated by the
14 State annuitant at any time by filing a written direction
15 with the retirement system.
16 Each retirement system may promulgate rules regarding the
17 administration of this Section with respect to persons
18 receiving an annuity or disability benefit from the
19 retirement system.
20 (5 ILCS 340/5) (from Ch. 15, par. 505)
21 Sec. 5. Rules; Advisory Committee. The State Comptroller
22 shall promulgate and issue reasonable rules and regulations
23 as deemed necessary for the administration of this Act.
24 However, all solicitations of State employees for
25 contributions at their workplace and all solicitations of
26 State annuitants for contributions shall be in accordance
27 with rules promulgated by the Governor or his or her designee
28 or other agency as may be designated by the Governor. All
29 solicitations of State annuitants for contributions shall
30 also be in accordance with the rules promulgated by the
31 applicable retirement system.
32 The rules promulgated by the Governor or his or her
33 designee or other agency as designated by the Governor shall
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1 include a Code of Campaign Conduct that all qualified
2 organizations and United Funds shall subscribe to in writing,
3 sanctions for violations of the Code of Campaign Conduct,
4 provision for the handling of cash contributions, provision
5 for an Advisory Committee, provisions for the allocation of
6 expenses among the participating organizations, an
7 organizational plan and structure whereby responsibilities
8 are set forth for the appropriate State employees or State
9 annuitants and the participating organizations, and any other
10 matters that are necessary to accomplish the purposes of this
11 Act.
12 The Governor or the Governor's designee shall promulgate
13 rules to establish the composition and the duties of the
14 Advisory Committee. The Governor or the Governor's designee
15 shall make appointments to the Advisory Committee. The
16 powers of the Advisory Committee shall include, at a minimum,
17 the ability to impose the sanctions authorized by rule. Each
18 State agency and each retirement system shall file an annual
19 report that sets forth, for the prior calendar year, (i) the
20 total amount of money contributed to each qualified
21 organization and united fund through both payroll deductions
22 and cash contributions, (ii) the number of employees or State
23 annuitants who have contributed to each qualified
24 organization and united fund, and (iii) any other information
25 required by the rules. The report shall not include the
26 names of any contributing or non-contributing employees or
27 State annuitants employee. The report shall be filed with
28 the Advisory Committee no later than March 15 of each year
29 for the solicitation period immediately preceding the report.
30 The report shall be available for inspection.
31 Other constitutional officers, retirement systems, the
32 University of Illinois, Southern Illinois University, Chicago
33 State University, Eastern Illinois University, Governors
34 State University, Illinois State University, Northeastern
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1 Illinois University, Northern Illinois University, and
2 Western Illinois University shall be governed by the rules
3 promulgated pursuant to this Section, unless such entities
4 adopt their own rules governing solicitation of contributions
5 at the workplace.
6 All rules promulgated pursuant to this Section shall not
7 discriminate against one or more qualified organizations or
8 United Funds.
9 (Source: P.A. 89-4, eff. 1-1-96; 90-799, eff. 6-1-99.)
10 (5 ILCS 340/8)
11 Sec. 8. Reports.
12 (a) The Comptroller shall annually prepare a report on
13 the number of State and university employees and State
14 annuitants who have contributed to qualified organizations
15 and united funds under this Act during the prior calendar
16 year. The report shall set forth (i) the number of payroll
17 deductions received by each qualified organization and united
18 fund, (ii) the total amount of the contributions received by
19 each qualified organization and united fund, and (iii) the
20 State agencies, and universities, and retirement systems from
21 which the contributions were received. The report shall be
22 prepared no later than April 1 of each year and shall be
23 available to the public upon request.
24 (b) By March 1 of each year, each university shall
25 submit to the Comptroller a report containing the information
26 required for the preparation of the Comptroller's report
27 under subsection (a) with respect to that university and its
28 employees.
29 (c) By March 1 of each year, each retirement system
30 shall submit to the Comptroller a report containing the
31 information required for the preparation of the Comptroller's
32 report under subsection (a) with respect to that retirement
33 system and its participating State annuitants. The
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1 Comptroller may waive this reporting requirement for any
2 retirement system if the Comptroller performs the retirement
3 processing for the retirement system.
4 (Source: P.A. 90-799, eff. 6-1-99.)
5 Section 99. Effective date. This Act takes effect upon
6 becoming law.".