Public Act 90-0487 of the 90th General Assembly
Public Act 90-0487
SB537 Enrolled LRB9001407DNcc
AN ACT to amend the Voluntary Payroll Deduction Act by
changing Sections 2 and 3.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Voluntary Payroll Deductions Act of 1983
is amended by changing Sections 2 and 3 as follows:
(5 ILCS 340/2) (from Ch. 15, par. 502)
Sec. 2. Public policy. It is the public policy of this
State and the objective of this Act to lessen the burdens of
State government and of local communities in meeting needs of
human health and welfare; to provide a convenient channel
through which State public servants may contribute to these
efforts; to minimize or eliminate disruption of the State
workplace and costs to State taxpayers that such fund-raising
may entail; to serve needs of human health and welfare; and
to ensure that recipient organizations agencies are
responsible in the uses of the moneys so raised.
(Source: P.A. 83-843.)
(5 ILCS 340/3) (from Ch. 15, par. 503)
Sec. 3. Definitions. As used in this Act unless the
context otherwise requires:
(a) "Employee" means any regular officer or employee who
receives salary or wages for personal services rendered to
the State of Illinois.
(b) "Qualified organization" means an organization
representing one or more benefiting agencies, which
organization is designated by the State Comptroller as
qualified to receive payroll deductions under this Act. An
organization desiring to be designated as a qualified
organization shall:
(1) Submit written designations on forms approved
by the State Comptroller by 4,000 or more employees, in
which such employees indicate that the organization is
one for which the employee intends to authorize
withholding. The forms shall require the name, social
security number, and employing State agency for each
employee. Upon notification by the Comptroller that such
forms have been approved, the organization shall, within
30 days, notify in writing the Governor or his designee
of its intention to obtain the required number of
designations. Such organization shall have 12 months
from that date, to obtain the necessary designations. The
signed forms and signatures on the forms shall be subject
to verification by the State Comptroller;
(2) Certify that all benefiting agencies are tax
exempt under Section 501 (c)(3) of the Internal Revenue
Code;
(3) Certify that all benefiting agencies are in
compliance with the Illinois Human Rights Act;
(4) Certify that all benefiting agencies are in
compliance with the Charitable Trust Act and the
Solicitation for Charity Act;
(5) Certify that all benefiting agencies actively
conduct health or welfare programs and provide services
to individuals directed at one or more of the following
common human needs within a community: service, research,
and education in the health fields; family and child care
services; protective services for children and adults;
services for children and adults in foster care; services
related to the management and maintenance of the home;
day care services for adults; transportation services;
information, referral and counseling services; services
to eliminate illiteracy; the preparation and delivery of
meals; adoption services; emergency shelter care and
relief services; disaster relief services; safety
services; neighborhood and community organization
services; recreation services; social adjustment and
rehabilitation services; health support services; or a
combination of such services designed to meet the special
needs of specific groups, such as children and youth, the
ill and infirm, and the physically handicapped; and that
all such benefiting agencies provide the above described
services to individuals and their families in the
community and surrounding area in which the organization
conducts its fund drive, or that such benefiting agencies
provide relief to victims of natural disasters and other
emergencies on a where and as needed basis;
(6) Certify that the organization has disclosed the
percentage of the organization's total collected receipts
from employees that are distributed to the benefiting
agencies and the percentage of the organization's total
collected receipts from employees that are expended for
fund-raising and overhead costs. These percentages shall
be the same percentage figures annually disclosed by the
organization to the Attorney General. The disclosure
shall be made to all solicited employees and shall be in
the form of a factual statement on all petitions and in
the campaign's employee brochure;
(7) Certify that all benefiting agencies receiving
funds which the employee has requested or designated for
distribution to a particular community and surrounding
area use a majority of such funds distributed for
services in the actual provision of services in that
community and surrounding area;
(8) Certify that neither it nor its member
organizations will solicit State employees for
contributions at their workplace, except pursuant to this
Act and the rules promulgated thereunder. Each qualified
organization, and each participating United Fund, is
encouraged to cooperate with all others and with all
State agencies and educational institutions so as to
simplify procedures, to resolve differences and to
minimize costs; and
(9) Certify that it will pay its share of the
campaign costs and will comply with the Code of Campaign
Conduct as approved by the Governor or other agency as
designated by the Governor; and.
(10) Certify that it maintains a year-round office,
the telephone number, and person responsible for the
operations of the organization in Illinois. That
information shall be provided to the State Comptroller at
the time the organization is seeking participation under
this Act.
Each qualified organization shall submit to the State
Comptroller between January 1 and March 1 of each year, a
statement that the organization is in compliance with all of
the requirements set forth in paragraphs (2) through (10).
The State Comptroller shall exclude any organization that
fails to submit the statement from the next solicitation
period.
In order to be designated as a qualified, an
organization, the organization shall have existed at least 2
years prior to submitting the written designation forms
required in paragraph (1) and shall certify to the State
Comptroller that such organization has been providing
services described in paragraph (5) in Illinois. If the
organization seeking designation represents more than one
benefiting agency, it need not have existed for 2 years but
shall certify to the State Comptroller that each of its
benefiting agencies has existed for at least 2 years prior to
submitting the written designation forms required in
paragraph (1) and that each has been providing services
described in paragraph (5) in Illinois.
Organizations which have met the requirements of this Act
shall be permitted to participate in the State and
Universities Combined Appeal as of January 1st of the year
immediately following their approval by the Comptroller.
Where the certifications described in paragraphs 2, 3, 4,
5, 6, 7, 8, and 9, and 10 above are made by an organization
representing more than one benefiting agency they shall be
based upon the knowledge and belief of such qualified
organization. Any qualified organization shall immediately
notify the State Comptroller in writing if the qualified
organization receives information or otherwise believes that
a benefiting agency is no longer in compliance with the
certification of the qualified organization. A qualified
organization representing more than one benefiting agency
shall thereafter withhold and refrain from distributing to
such benefiting agency those funds received pursuant to this
Act until the benefiting agency is again in compliance with
the qualified organization's certification. The qualified
organization shall immediately notify the State Comptroller
of the benefiting agency's resumed compliance with the
certification, based upon the qualified organization's
knowledge and belief, and shall pay over to the benefiting
agency those funds previously withheld.
The Comptroller shall, by February 1st of each year, so
notify any qualified organization that failed to receive at
least 500 payroll deduction pledges deductions during the
solicitation period ending May 1, 1990, and thereafter during
each immediately preceding solicitation period as set forth
in Section 6. The notification shall give such qualified
organization until March 1st to provide the Comptroller with
documentation that the 500 deduction requirement has been
met. On the basis of all the documentation, the Comptroller
shall, by March 15th of each year, submit to the Governor or
his designee, or such other agency as may be determined by
the Governor, a list of all organizations which have met the
500 payroll deduction requirement. Only those organizations
which have met such requirements, as well as the other
requirements of this Section, shall be permitted to solicit
State employees for voluntary contributions and the
Comptroller shall discontinue withholding for any such
organization which fails to meet these requirements.
(c) "United Fund" means the organization conducting the
single, annual, consolidated effort to secure funds for
distribution to agencies engaged in charitable and public
health, welfare and services purposes, which is commonly
known as the United Fund, or the organization which serves in
place of the United Fund organization in communities where an
organization known as the United Fund is not organized.
(d) "State and Universities Employees Combined Appeal"
(SECA), otherwise known as "SECA", means the State-directed
joint effort of all of the qualified organizations, together
with the United Funds, for the solicitation of voluntary
contributions from State and University employees.
In order for a United Fund to participate in the State
and Universities Employees Combined Appeal, it shall comply
with the provisions of Section 3, paragraph (9).
(Source: P.A. 87-1053; 88-243.)
Section 99. Effective date. This Act takes effect upon
becoming law.