|
|
Sen. John J. Cullerton
Filed: 5/3/2005
|
|
09400HB3628sam003 |
|
LRB094 10953 RAS 45852 a |
|
|
| 1 |
| AMENDMENT TO HOUSE BILL 3628
|
| 2 |
| AMENDMENT NO. ______. Amend House Bill 3628, AS AMENDED, in |
| 3 |
| Section 5, by replacing Sec. 8.3 with the following:
|
| 4 |
| "(225 ILCS 10/8.3 new)
|
| 5 |
| Sec. 8.3. Tax exempt agency.
|
| 6 |
| (a) The Department shall revoke or refuse to renew the |
| 7 |
| license of any child welfare agency providing adoption services |
| 8 |
| that is not (i) officially recognized by the United States |
| 9 |
| Internal Revenue Service as a tax-exempt organization |
| 10 |
| described in Section 501(c)(3) of the Internal Revenue Code of |
| 11 |
| 1986 (or any successor provision of federal tax law) and (ii) |
| 12 |
| in compliance with all of the standards necessary to maintain |
| 13 |
| its status as an organization described in Section 501(c)(3) of |
| 14 |
| the Internal Revenue Code of 1986 (or any successor provision |
| 15 |
| of federal tax law). |
| 16 |
| (b) The Department shall grant a grace period of 24 months |
| 17 |
| from the effective date of this amendatory Act of the 94th |
| 18 |
| General Assembly for existing child welfare agencies providing |
| 19 |
| adoption services to obtain 501(c)(3) status. The Department |
| 20 |
| shall permit an existing child welfare agency that converts |
| 21 |
| from its current structure in order to be recognized as a |
| 22 |
| 501(c)(3) organization as required by this Section to either |
| 23 |
| retain its current license or transfer its current license to a |
| 24 |
| newly formed entity, if the creation of a new entity is |
| 25 |
| required in order to comply with this Section, provided that |
|
|
|
09400HB3628sam003 |
- 2 - |
LRB094 10953 RAS 45852 a |
|
|
| 1 |
| the child welfare agency demonstrates that it continues to meet |
| 2 |
| all other licensing requirements and that the principal |
| 3 |
| officers and directors and programs of the converted child |
| 4 |
| welfare agency or newly organized child welfare agency are |
| 5 |
| substantially the same as the original. The Department shall |
| 6 |
| have the sole discretion to grant a one year extension to any |
| 7 |
| agency unable to obtain 501(c)(3) status within the timeframe |
| 8 |
| specified in this Section, provided that such agency has filed |
| 9 |
| an application for 501(c)(3) status with the Internal Revenue |
| 10 |
| Service within the 2-year timeframe specified in this Section. |
| 11 |
| (c) Nothing in this Section shall prohibit a licensed child |
| 12 |
| welfare agency from using the services of any person, group of |
| 13 |
| persons, agency, association, organization, corporation, |
| 14 |
| institution, center, or group as an independent contractor to |
| 15 |
| perform services on behalf of the licensed agency, provided |
| 16 |
| that the licensed agency has a written agreement with the |
| 17 |
| independent contractor specifying the terms of remuneration, |
| 18 |
| the services to be performed, the personnel performing those |
| 19 |
| services, and the qualifications of the personnel, in addition |
| 20 |
| to any other information or requirements the Department may |
| 21 |
| specify by rule. The licensed agency is not exempt, by reason |
| 22 |
| of the use of the contractor, from compliance with all of the |
| 23 |
| provisions of this Act. The Department has the authority to |
| 24 |
| disapprove the use of any contractor if the Department is not |
| 25 |
| satisfied with the agency's agreement with the contractor, the |
| 26 |
| personnel of the contractor who are performing the services, or |
| 27 |
| the qualifications of the personnel or if the contractor |
| 28 |
| violates any provision of this Act or the Adoption Act.".
|