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Sen. John J. Cullerton
Filed: 5/3/2005
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09400HB3628sam001 |
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LRB094 10953 RAS 45825 a |
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| AMENDMENT TO HOUSE BILL 3628
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| AMENDMENT NO. ______. Amend House Bill 3628, AS AMENDED, in |
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| Section 5, by replacing Sec. 8.3 with the following:
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| "(225 ILCS 10/8.3 new)
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| Sec. 8.3. Tax exempt agency.
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| (a) The Department shall revoke or refuse to renew the |
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| license of any child welfare agency providing adoption services |
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| that is not (i) officially recognized by the United States |
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| Internal Revenue Service as a tax-exempt organization |
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| described in Section 501(c)(3) of the Internal Revenue Code of |
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| 1986 (or any successor provision of federal tax law) and (ii) |
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| in compliance with all of the standards necessary to maintain |
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| its status as an organization described in Section 501(c)(3) of |
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| the Internal Revenue Code of 1986 (or any successor provision |
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| of federal tax law). |
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| (b) The Department shall grant a grace period of 24 months |
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| from the effective date of this amendatory Act of the 94th |
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| General Assembly for existing child welfare agencies providing |
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| adoption services to obtain 501(c)(3) status. The Department |
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| shall permit an existing child welfare agency that converts |
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| from its current structure in order to be recognized as a |
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| 501(c)(3) organization as required by this Section to either |
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| retain its current license or transfer its current license to a |
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| newly formed entity, if the creation of a new entity is |
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| required in order to comply with this Section, provided that |
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09400HB3628sam001 |
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LRB094 10953 RAS 45825 a |
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| the child welfare agency demonstrates that it continues to meet |
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| all other licensing requirements and that the principal |
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| officers and directors and programs of the converted child |
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| welfare agency or newly organized child welfare agency are |
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| substantially the same as the original. The Department shall |
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| have the sole discretion to grant a one year extension to any |
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| agency unable to obtain 501(c)(3) status within the timeframe |
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| specified in this Section, provided that such agency has filed |
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| an application for 501(c)(3) status with the Internal Revenue |
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| Service within the 2-year timeframe specified in this Section. |
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| (c) Nothing in this Section shall prohibit a licensed child |
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| welfare agency from using the services of any person, group of |
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| persons, agency, association, organization, corporation, |
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| institution, center, or group as an independent contractor to |
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| perform services on behalf of the licensed agency, provided |
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| that the licensed agency has a written agreement with the |
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| independent contractor specifying the terms of remuneration, |
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| the services to be performed, the personnel performing those |
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| services, and the qualifications of the personnel, in addition |
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| to any other information or requirements the Department may |
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| specify by rule. The licensed agency is not exempt, by reason |
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| of the use of the contractor, from compliance with all of the |
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| provisions of this Act. The Department has the authority to |
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| disapprove the use of any contractor if the Department is not |
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| satisfied with the agency's agreement with the contractor, the |
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| personnel of the contractor who are performing the services, or |
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| the qualifications of the personnel or if the contractor |
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| violates any provision of this Act or the Adoption Act.".
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