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92nd General Assembly

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Public Act 92-0634

HB5829 Enrolled                                LRB9216057JMcs

    AN ACT concerning payroll deductions.

    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 Section 3 as follows:

    (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, and includes an individual hired as an
employee by contract with that individual.
    (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 or
    State  annuitants,  in  which  such  employees  or  State
    annuitants indicate that  the  organization  is  one  for
    which   the   employee  or  State  annuitant  intends  to
    authorize withholding.  The forms shall require the name,
    last 4 digits only of the  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 or her 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 and return to the State
    Comptroller's office the completed  designations,  which.
    The  signed  forms  and  signatures on the forms shall be
    subject to verification  procedures  established  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 or State annuitants that  are  distributed
    to  the  benefiting  agencies  and  the percentage of the
    organization's total collected receipts from employees or
    State annuitants 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 State annuitants and shall be
    in the form of a factual statement on all  petitions  and
    in  the  campaign's  brochures  for  employees  and State
    annuitants;
         (7)  Certify that all benefiting agencies  receiving
    funds which the employee or State annuitant 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;
         (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 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), (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 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 or her 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
or  State  annuitants  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.
    In  order  for  a United Fund to participate in the State
and Universities Employees Combined Appeal, it  shall  comply
with the provisions of paragraph (9) of subsection (b).
    (d)  "State  and Universities Employees Combined Appeal",
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 and State
annuitants.
    (e)  "Retirement  system"  means  any  or  all   of   the
following:  the General Assembly Retirement System, the State
Employees'  Retirement  System   of   Illinois,   the   State
Universities  Retirement  System,  the  Teachers'  Retirement
System  of  the  State of Illinois, and the Judges Retirement
System.
    (f)  "State  annuitant"  means  a  person  receiving   an
annuity or disability benefit under Article 2, 14, 15, 16, or
18 of the Illinois Pension Code.
(Source: P.A.  90-487,  eff.  8-17-97;  91-357, eff. 7-29-99;
91-533, eff. 8-13-99; 91-896, eff. 7-6-00.)

    Section 99.  Effective date.   This Act takes effect upon
becoming law.
    Passed in the General Assembly April 25, 2002.
    Approved July 11, 2002.
    Effective July 11, 2002.

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