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| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
92_HB5829enr HB5829 Enrolled 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 Enrolled -2- LRB9216057JMcs 1 obtain the necessary designations and return to the State 2 Comptroller's office the completed designations, which.3The signed forms and signatures on the formsshall 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 HB5829 Enrolled -3- LRB9216057JMcs 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 HB5829 Enrolled -4- LRB9216057JMcs 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 Enrolled -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 Enrolled -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.