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| Public Act 097-1005
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| HB5480 Enrolled | LRB097 20382 JDS 65854 b |
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AN ACT concerning government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Voluntary Payroll Deductions Act of 1983 is |
amended by changing Section 3 as follows:
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(5 ILCS 340/3) (from Ch. 15, par. 503)
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Sec. 3. Definitions. As used in this Act unless the context |
otherwise
requires:
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(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.
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(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:
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(1) Submit written or electronic designations on forms |
approved by the State Comptroller
by 500 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 |
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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
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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
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designations and return to the State Comptroller's office |
the completed
designations, which shall
be subject to |
verification procedures established by the State |
Comptroller;
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(2) Certify that all benefiting agencies are tax exempt |
under Section
501(c)(3) of the Internal Revenue Code;
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(3) Certify that all benefiting agencies are in |
compliance with the
Illinois Human Rights Act;
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(4) Certify that all benefiting agencies are in |
compliance with
the Charitable Trust Act and the |
Solicitation for Charity Act;
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(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
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services; protective services for children and adults; |
services for
children and adults in foster care; services |
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related to the management and
maintenance of the home; day |
care services for adults; transportation
services; |
information, referral and counseling services; services to
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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
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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;
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(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
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percentage figures annually disclosed by the organization |
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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;
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(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
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distributed for services in the actual provision of |
services in that community
and surrounding area;
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(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
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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;
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(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
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(10) Certify that it maintains a year-round office, the |
telephone number,
and person responsible for the |
operations of the organization in Illinois.
That |
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information shall be provided to the State Comptroller at |
the time the
organization is seeking participation under |
this Act.
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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
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submit the statement from the next solicitation period.
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In order to be designated as a qualified organization, the |
organization shall
have existed at least 2 years prior to |
submitting the written or electronic designation forms
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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 or electronic designation forms required in
paragraph |
(1) and that each has been providing services described in |
paragraph
(5) in Illinois.
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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.
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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
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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
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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.
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In order to qualify, a qualified organization must receive |
250 deduction pledges from the immediately preceding |
solicitation period as set forth in Section 6. The Comptroller |
shall, by February 1st of each year, so notify any
qualified |
organization that failed to receive the minimum deduction |
requirement. The notification shall give such qualified
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organization until March 1st to provide the Comptroller with |
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documentation
that the minimum 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 |
minimum
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
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contributions, and the Comptroller shall discontinue |
withholding for any
such organization which fails to meet these |
requirements, except qualified organizations that received |
deduction pledges during the 2004 solicitation period are |
deemed to be qualified for the 2005 solicitation period.
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(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
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of the United Fund organization in communities where an |
organization known
as the United Fund is not organized.
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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).
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(d) "State and Universities Employees Combined Appeal",
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otherwise known as "SECA", means the State-directed joint |
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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.
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(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.
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(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.
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(Source: P.A. 94-537, eff. 8-10-05.)
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