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92_HB5829eng
HB5829 Engrossed LRB9216057JMcs
1 AN ACT concerning payroll deductions.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Voluntary Payroll Deductions Act of 1983
5 is amended by changing Section 3 as follows:
6 (5 ILCS 340/3) (from Ch. 15, par. 503)
7 Sec. 3. Definitions. As used in this Act unless the
8 context otherwise requires:
9 (a) "Employee" means any regular officer or employee who
10 receives salary or wages for personal services rendered to
11 the State of Illinois, and includes an individual hired as an
12 employee by contract with that individual.
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 or
21 State annuitants, in which such employees or State
22 annuitants indicate that the organization is one for
23 which the employee or State annuitant intends to
24 authorize withholding. The forms shall require the name,
25 last 4 digits only of the social security number, and
26 employing State agency for each employee. Upon
27 notification by the Comptroller that such forms have been
28 approved, the organization shall, within 30 days, notify
29 in writing the Governor or his or her designee of its
30 intention to obtain the required number of designations.
31 Such organization shall have 12 months from that date to
HB5829 Engrossed -2- LRB9216057JMcs
1 obtain the necessary designations and return to the State
2 Comptroller's office the completed designations, which.
3 The signed forms and signatures on the forms shall be
4 subject to verification procedures established by the
5 State Comptroller;
6 (2) Certify that all benefiting agencies are tax
7 exempt under Section 501(c)(3) of the Internal Revenue
8 Code;
9 (3) Certify that all benefiting agencies are in
10 compliance with the Illinois Human Rights Act;
11 (4) Certify that all benefiting agencies are in
12 compliance with the Charitable Trust Act and the
13 Solicitation for Charity Act;
14 (5) Certify that all benefiting agencies actively
15 conduct health or welfare programs and provide services
16 to individuals directed at one or more of the following
17 common human needs within a community: service, research,
18 and education in the health fields; family and child care
19 services; protective services for children and adults;
20 services for children and adults in foster care; services
21 related to the management and maintenance of the home;
22 day care services for adults; transportation services;
23 information, referral and counseling services; services
24 to eliminate illiteracy; the preparation and delivery of
25 meals; adoption services; emergency shelter care and
26 relief services; disaster relief services; safety
27 services; neighborhood and community organization
28 services; recreation services; social adjustment and
29 rehabilitation services; health support services; or a
30 combination of such services designed to meet the special
31 needs of specific groups, such as children and youth, the
32 ill and infirm, and the physically handicapped; and that
33 all such benefiting agencies provide the above described
34 services to individuals and their families in the
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1 community and surrounding area in which the organization
2 conducts its fund drive, or that such benefiting agencies
3 provide relief to victims of natural disasters and other
4 emergencies on a where and as needed basis;
5 (6) Certify that the organization has disclosed the
6 percentage of the organization's total collected receipts
7 from employees or State annuitants that are distributed
8 to the benefiting agencies and the percentage of the
9 organization's total collected receipts from employees or
10 State annuitants that are expended for fund-raising and
11 overhead costs. These percentages shall be the same
12 percentage figures annually disclosed by the organization
13 to the Attorney General. The disclosure shall be made to
14 all solicited employees and State annuitants and shall be
15 in the form of a factual statement on all petitions and
16 in the campaign's brochures for employees and State
17 annuitants;
18 (7) Certify that all benefiting agencies receiving
19 funds which the employee or State annuitant has requested
20 or designated for distribution to a particular community
21 and surrounding area use a majority of such funds
22 distributed for services in the actual provision of
23 services in that community and surrounding area;
24 (8) Certify that neither it nor its member
25 organizations will solicit State employees for
26 contributions at their workplace, except pursuant to this
27 Act and the rules promulgated thereunder. Each qualified
28 organization, and each participating United Fund, is
29 encouraged to cooperate with all others and with all
30 State agencies and educational institutions so as to
31 simplify procedures, to resolve differences and to
32 minimize costs;
33 (9) Certify that it will pay its share of the
34 campaign costs and will comply with the Code of Campaign
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1 Conduct as approved by the Governor or other agency as
2 designated by the Governor; and
3 (10) Certify that it maintains a year-round office,
4 the telephone number, and person responsible for the
5 operations of the organization in Illinois. That
6 information shall be provided to the State Comptroller at
7 the time the organization is seeking participation under
8 this Act.
9 Each qualified organization shall submit to the State
10 Comptroller between January 1 and March 1 of each year, a
11 statement that the organization is in compliance with all of
12 the requirements set forth in paragraphs (2) through (10).
13 The State Comptroller shall exclude any organization that
14 fails to submit the statement from the next solicitation
15 period.
16 In order to be designated as a qualified organization,
17 the organization shall have existed at least 2 years prior to
18 submitting the written designation forms required in
19 paragraph (1) and shall certify to the State Comptroller that
20 such organization has been providing services described in
21 paragraph (5) in Illinois. If the organization seeking
22 designation represents more than one benefiting agency, it
23 need not have existed for 2 years but shall certify to the
24 State Comptroller that each of its benefiting agencies has
25 existed for at least 2 years prior to submitting the written
26 designation forms required in paragraph (1) and that each has
27 been providing services described in paragraph (5) in
28 Illinois.
29 Organizations which have met the requirements of this Act
30 shall be permitted to participate in the State and
31 Universities Combined Appeal as of January 1st of the year
32 immediately following their approval by the Comptroller.
33 Where the certifications described in paragraphs (2),
34 (3), (4), (5), (6), (7), (8), (9), and (10) above are made by
HB5829 Engrossed -5- LRB9216057JMcs
1 an organization representing more than one benefiting agency
2 they shall be based upon the knowledge and belief of such
3 qualified organization. Any qualified organization shall
4 immediately notify the State Comptroller in writing if the
5 qualified organization receives information or otherwise
6 believes that a benefiting agency is no longer in compliance
7 with the certification of the qualified organization. A
8 qualified organization representing more than one benefiting
9 agency shall thereafter withhold and refrain from
10 distributing to such benefiting agency those funds received
11 pursuant to this Act until the benefiting agency is again in
12 compliance with the qualified organization's certification.
13 The qualified organization shall immediately notify the State
14 Comptroller of the benefiting agency's resumed compliance
15 with the certification, based upon the qualified
16 organization's knowledge and belief, and shall pay over to
17 the benefiting agency those funds previously withheld.
18 The Comptroller shall, by February 1st of each year, so
19 notify any qualified organization that failed to receive at
20 least 500 payroll deduction pledges during each immediately
21 preceding solicitation period as set forth in Section 6. The
22 notification shall give such qualified organization until
23 March 1st to provide the Comptroller with documentation that
24 the 500 deduction requirement has been met. On the basis of
25 all the documentation, the Comptroller shall, by March 15th
26 of each year, submit to the Governor or his or her designee,
27 or such other agency as may be determined by the Governor, a
28 list of all organizations which have met the 500 payroll
29 deduction requirement. Only those organizations which have
30 met such requirements, as well as the other requirements of
31 this Section, shall be permitted to solicit State employees
32 or State annuitants for voluntary contributions, and the
33 Comptroller shall discontinue withholding for any such
34 organization which fails to meet these requirements.
HB5829 Engrossed -6- LRB9216057JMcs
1 (c) "United Fund" means the organization conducting the
2 single, annual, consolidated effort to secure funds for
3 distribution to agencies engaged in charitable and public
4 health, welfare and services purposes, which is commonly
5 known as the United Fund, or the organization which serves in
6 place of the United Fund organization in communities where an
7 organization known as the United Fund is not organized.
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 (d) "State and Universities Employees Combined Appeal",
12 otherwise known as "SECA", means the State-directed joint
13 effort of all of the qualified organizations, together with
14 the United Funds, for the solicitation of voluntary
15 contributions from State and University employees and State
16 annuitants.
17 (e) "Retirement system" means any or all of the
18 following: the General Assembly Retirement System, the State
19 Employees' Retirement System of Illinois, the State
20 Universities Retirement System, the Teachers' Retirement
21 System of the State of Illinois, and the Judges Retirement
22 System.
23 (f) "State annuitant" means a person receiving an
24 annuity or disability benefit under Article 2, 14, 15, 16, or
25 18 of the Illinois Pension Code.
26 (Source: P.A. 90-487, eff. 8-17-97; 91-357, eff. 7-29-99;
27 91-533, eff. 8-13-99; 91-896, eff. 7-6-00.)
28 Section 99. Effective date. This Act takes effect upon
29 becoming law.
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