Bill Text: IL HB4219 | 2013-2014 | 98th General Assembly | Introduced
Bill Title: Amends the Illinois Procurement Code. Provides that if a form, schedule to a form, or line item in a form issued by the United States Internal Revenue Service (IRS) is mentioned in this Code and that form, schedule to a form, or line item in a form is renumbered, then any reference to that renumbered form, schedule to a form, or line item in a form in this Code shall be construed as though the renumbering had not occurred. Provides that a not-for-profit organization shall not be exempt from this Code if it receives a grant subject to continuing disclosure requirements or was previously exempt under a purchase of care exemption. Sets forth documentation that must be disclosed by these organizations. Adds a Section that sets forth disclosure requirements for not-for-profit organizations subject to this Code. Sets forth additional disclosure requirements, including a copy of the organization's IRS Form 990, for not-for-profit organizations in Sections regarding facilities for persons with severe disabilities and continuing disclosure requirements. Defines terms. Effective immediately.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Failed) 2014-12-03 - Session Sine Die [HB4219 Detail]
Download: Illinois-2013-HB4219-Introduced.html
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1 | AN ACT concerning finance.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Procurement Code is amended by | ||||||||||||||||||||||||||||||||||
5 | changing Sections 1-10, 45-35, and 50-2 and by adding Sections | ||||||||||||||||||||||||||||||||||
6 | 1-15.120, 1-15.125, and 1-15.130 as follows:
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7 | (30 ILCS 500/1-10)
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8 | Sec. 1-10. Application.
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9 | (a) This Code applies only to procurements for which | ||||||||||||||||||||||||||||||||||
10 | contractors were first
solicited on or after July 1, 1998. This | ||||||||||||||||||||||||||||||||||
11 | Code shall not be construed to affect
or impair any contract, | ||||||||||||||||||||||||||||||||||
12 | or any provision of a contract, entered into based on a
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13 | solicitation prior to the implementation date of this Code as | ||||||||||||||||||||||||||||||||||
14 | described in
Article 99, including but not limited to any | ||||||||||||||||||||||||||||||||||
15 | covenant entered into with respect
to any revenue bonds or | ||||||||||||||||||||||||||||||||||
16 | similar instruments.
All procurements for which contracts are | ||||||||||||||||||||||||||||||||||
17 | solicited between the effective date
of Articles 50 and 99 and | ||||||||||||||||||||||||||||||||||
18 | July 1, 1998 shall be substantially in accordance
with this | ||||||||||||||||||||||||||||||||||
19 | Code and its intent.
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20 | (a-5) If a form, schedule to a form, or line item in a form | ||||||||||||||||||||||||||||||||||
21 | issued by the United States Internal Revenue Service is | ||||||||||||||||||||||||||||||||||
22 | specifically cited by number or letter in a provision of this | ||||||||||||||||||||||||||||||||||
23 | Code and if, after the effective date of the Public Act that |
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1 | established that citation, the United States Internal Revenue | ||||||
2 | Service form, schedule to a form, or line item in a form cited | ||||||
3 | is redesignated without any other change whatever being made to | ||||||
4 | it, then the provision of this Code containing that citation | ||||||
5 | shall be construed as though the redesignation of the form, | ||||||
6 | schedule to a form, or line item in a form of the United States | ||||||
7 | Internal Revenue Service had not occurred. | ||||||
8 | (a-10) For purposes of this Section, the terms "interested | ||||||
9 | persons" and "related for-profit organization" have the | ||||||
10 | meanings ascribed to those terms in Sections 1-15.120 and | ||||||
11 | 1-15.125 of this Code. | ||||||
12 | (b) This Code shall apply regardless of the source of the | ||||||
13 | funds with which
the contracts are paid, including federal | ||||||
14 | assistance moneys.
This Code shall
not apply to:
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15 | (1) Contracts between the State and its political | ||||||
16 | subdivisions or other
governments, or between State | ||||||
17 | governmental bodies except as specifically
provided in | ||||||
18 | this Code.
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19 | (2) Grants, except all grants that are subject to for | ||||||
20 | the filing requirements of Section 20-80 and the | ||||||
21 | not-for-profit organization continuing disclosure | ||||||
22 | requirements of Section 50-2 of this Code. If a | ||||||
23 | not-for-profit organization receives any grant that would | ||||||
24 | be exempt from this Code under this paragraph (2), then the | ||||||
25 | not-for-profit organization must also submit a copy of the | ||||||
26 | IRS Form 990, including, but not limited to, the following |
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1 | sections and corresponding schedules that require the | ||||||
2 | reporting of any ownership interests, operating | ||||||
3 | agreements, partnerships, or other duties, activities, or | ||||||
4 | transactions that exist between the not-for-profit | ||||||
5 | organization, interested persons, and its related | ||||||
6 | for-profit owners, subsidiaries, partners, affiliates, or | ||||||
7 | unrelated organizations: (A) Part IV, Line 28, Schedule L; | ||||||
8 | (B) Part IV, Line 34, Schedule R; and (C) Part VI, Line 3, | ||||||
9 | Schedule O. This disclosure shall, at a minimum, include | ||||||
10 | business identification of the for-profit organization, a | ||||||
11 | list of the business transactions between the related | ||||||
12 | for-profit organization and the not-for-profit | ||||||
13 | organization under the terms of the relationship, and | ||||||
14 | whether more than 50% of the not-for-profit organization's | ||||||
15 | management, including current or former officers, | ||||||
16 | directors, trustees, family members, or key employees, is | ||||||
17 | delivered from the relationship. The not-for-profit | ||||||
18 | organization shall also furnish an affidavit stating that | ||||||
19 | the copy of the IRS Form 990 (and its accompanying | ||||||
20 | schedules) is an authentic copy of the IRS Form 990 | ||||||
21 | submitted to the IRS. If a not-for-profit organization has | ||||||
22 | entered into a multi-year grant, then, by July 1 of each | ||||||
23 | fiscal year covered by the grant after the initial fiscal | ||||||
24 | year, the not-for-profit organization must submit a copy of | ||||||
25 | the IRS Form 990 for the most recent fiscal year along with | ||||||
26 | an affidavit verifying the same .
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1 | (3) Purchase of care. However, if a not-for-profit | ||||||
2 | organization provides services that would be exempt from | ||||||
3 | this Code under this paragraph (3), then the not-for-profit | ||||||
4 | organization must also submit a copy of the IRS Form 990, | ||||||
5 | including, but not limited to, the following sections and | ||||||
6 | corresponding schedules that require the reporting of any | ||||||
7 | ownership interests, operating agreements, partnerships, | ||||||
8 | or other duties, activities, or transactions that exist | ||||||
9 | between the not-for-profit organization, interested | ||||||
10 | persons, and its related for-profit owners, subsidiaries, | ||||||
11 | partners, affiliates, or unrelated organizations: (A) Part | ||||||
12 | IV, Line 28, Schedule L; (B) Part IV, Line 34, Schedule R; | ||||||
13 | and (C) Part VI, Line 3, Schedule O. This disclosure shall, | ||||||
14 | at a minimum, include business identification of the | ||||||
15 | for-profit organization, a list of the business | ||||||
16 | transactions between the related for-profit organization | ||||||
17 | and the not-for-profit organization under the terms of the | ||||||
18 | relationship, and whether more than 50% of the | ||||||
19 | not-for-profit organization's management, including | ||||||
20 | current or former officers, directors, trustees, family | ||||||
21 | members, or key employees, is delivered from the | ||||||
22 | relationship. The not-for-profit organization shall also | ||||||
23 | furnish an affidavit stating that the copy of the IRS Form | ||||||
24 | 990 (and its accompanying schedules) is an authentic copy | ||||||
25 | of the IRS Form 990 submitted to the IRS. If a | ||||||
26 | not-for-profit organization has entered into a multi-year |
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1 | purchase of care contract, then, by July 1 of each fiscal | ||||||
2 | year covered by the purchase of care contract after the | ||||||
3 | initial fiscal year, the not-for-profit organization must | ||||||
4 | submit a copy of the IRS Form 990 for the most recent | ||||||
5 | fiscal year along with an affidavit verifying the same.
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6 | (4) Hiring of an individual as employee and not as an | ||||||
7 | independent
contractor, whether pursuant to an employment | ||||||
8 | code or policy or by contract
directly with that | ||||||
9 | individual.
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10 | (5) Collective bargaining contracts.
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11 | (6) Purchase of real estate, except that notice of this | ||||||
12 | type of contract with a value of more than $25,000 must be | ||||||
13 | published in the Procurement Bulletin within 7 days after | ||||||
14 | the deed is recorded in the county of jurisdiction. The | ||||||
15 | notice shall identify the real estate purchased, the names | ||||||
16 | of all parties to the contract, the value of the contract, | ||||||
17 | and the effective date of the contract.
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18 | (7) Contracts necessary to prepare for anticipated | ||||||
19 | litigation, enforcement
actions, or investigations, | ||||||
20 | provided
that the chief legal counsel to the Governor shall | ||||||
21 | give his or her prior
approval when the procuring agency is | ||||||
22 | one subject to the jurisdiction of the
Governor, and | ||||||
23 | provided that the chief legal counsel of any other | ||||||
24 | procuring
entity
subject to this Code shall give his or her | ||||||
25 | prior approval when the procuring
entity is not one subject | ||||||
26 | to the jurisdiction of the Governor.
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1 | (8) Contracts for
services to Northern Illinois | ||||||
2 | University by a person, acting as
an independent | ||||||
3 | contractor, who is qualified by education, experience, and
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4 | technical ability and is selected by negotiation for the | ||||||
5 | purpose of providing
non-credit educational service | ||||||
6 | activities or products by means of specialized
programs | ||||||
7 | offered by the university.
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8 | (9) Procurement expenditures by the Illinois | ||||||
9 | Conservation Foundation
when only private funds are used.
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10 | (10) Procurement expenditures by the Illinois Health | ||||||
11 | Information Exchange Authority involving private funds | ||||||
12 | from the Health Information Exchange Fund. "Private funds" | ||||||
13 | means gifts, donations, and private grants. | ||||||
14 | (11) Public-private agreements entered into according | ||||||
15 | to the procurement requirements of Section 20 of the | ||||||
16 | Public-Private Partnerships for Transportation Act and | ||||||
17 | design-build agreements entered into according to the | ||||||
18 | procurement requirements of Section 25 of the | ||||||
19 | Public-Private Partnerships for Transportation Act. | ||||||
20 | (12) Contracts for legal, financial, and other | ||||||
21 | professional and artistic services entered into on or | ||||||
22 | before December 31, 2018 by the Illinois Finance Authority | ||||||
23 | in which the State of Illinois is not obligated. Such | ||||||
24 | contracts shall be awarded through a competitive process | ||||||
25 | authorized by the Board of the Illinois Finance Authority | ||||||
26 | and are subject to Sections 5-30, 20-160, 50-13, 50-20, |
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1 | 50-35, and 50-37 of this Code, as well as the final | ||||||
2 | approval by the Board of the Illinois Finance Authority of | ||||||
3 | the terms of the contract. | ||||||
4 | Notwithstanding any other provision of law, contracts | ||||||
5 | entered into under item (12) of this subsection (b) shall be | ||||||
6 | published in the Procurement Bulletin within 14 days after | ||||||
7 | contract execution. The chief procurement officer shall | ||||||
8 | prescribe the form and content of the notice. The Illinois | ||||||
9 | Finance Authority shall provide the chief procurement officer, | ||||||
10 | on a monthly basis, in the form and content prescribed by the | ||||||
11 | chief procurement officer, a report of contracts that are | ||||||
12 | related to the procurement of goods and services identified in | ||||||
13 | item (12) of this subsection (b). At a minimum, this report | ||||||
14 | shall include the name of the contractor, a description of the | ||||||
15 | supply or service provided, the total amount of the contract, | ||||||
16 | the term of the contract, and the exception to the Code | ||||||
17 | utilized. A copy of each of these contracts shall be made | ||||||
18 | available to the chief procurement officer immediately upon | ||||||
19 | request. The chief procurement officer shall submit a report to | ||||||
20 | the Governor and General Assembly no later than November 1 of | ||||||
21 | each year that shall include, at a minimum, an annual summary | ||||||
22 | of the monthly information reported to the chief procurement | ||||||
23 | officer. | ||||||
24 | (c) This Code does not apply to the electric power | ||||||
25 | procurement process provided for under Section 1-75 of the | ||||||
26 | Illinois Power Agency Act and Section 16-111.5 of the Public |
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1 | Utilities Act. | ||||||
2 | (d) Except for Section 20-160 and Article 50 of this Code, | ||||||
3 | and as expressly required by Section 9.1 of the Illinois | ||||||
4 | Lottery Law, the provisions of this Code do not apply to the | ||||||
5 | procurement process provided for under Section 9.1 of the | ||||||
6 | Illinois Lottery Law. | ||||||
7 | (e) This Code does not apply to the process used by the | ||||||
8 | Capital Development Board to retain a person or entity to | ||||||
9 | assist the Capital Development Board with its duties related to | ||||||
10 | the determination of costs of a clean coal SNG brownfield | ||||||
11 | facility, as defined by Section 1-10 of the Illinois Power | ||||||
12 | Agency Act, as required in subsection (h-3) of Section 9-220 of | ||||||
13 | the Public Utilities Act, including calculating the range of | ||||||
14 | capital costs, the range of operating and maintenance costs, or | ||||||
15 | the sequestration costs or monitoring the construction of clean | ||||||
16 | coal SNG brownfield facility for the full duration of | ||||||
17 | construction. | ||||||
18 | (f) This Code does not apply to the process used by the | ||||||
19 | Illinois Power Agency to retain a mediator to mediate sourcing | ||||||
20 | agreement disputes between gas utilities and the clean coal SNG | ||||||
21 | brownfield facility, as defined in Section 1-10 of the Illinois | ||||||
22 | Power Agency Act, as required under subsection (h-1) of Section | ||||||
23 | 9-220 of the Public Utilities Act. | ||||||
24 | (g) This Code does not apply to the processes used by the | ||||||
25 | Illinois Power Agency to retain a mediator to mediate contract | ||||||
26 | disputes between gas utilities and the clean coal SNG facility |
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1 | and to retain an expert to assist in the review of contracts | ||||||
2 | under subsection (h) of Section 9-220 of the Public Utilities | ||||||
3 | Act. This Code does not apply to the process used by the | ||||||
4 | Illinois Commerce Commission to retain an expert to assist in | ||||||
5 | determining the actual incurred costs of the clean coal SNG | ||||||
6 | facility and the reasonableness of those costs as required | ||||||
7 | under subsection (h) of Section 9-220 of the Public Utilities | ||||||
8 | Act. | ||||||
9 | (h) This Code does not apply to the process to procure or | ||||||
10 | contracts entered into in accordance with Sections 11-5.2 and | ||||||
11 | 11-5.3 of the Illinois Public Aid Code. | ||||||
12 | (i) Each chief procurement officer may access records | ||||||
13 | necessary to review whether a contract, purchase, or other | ||||||
14 | expenditure is or is not subject to the provisions of this | ||||||
15 | Code, unless such records would be subject to attorney-client | ||||||
16 | privilege. | ||||||
17 | (j) This Code does not apply to the process used by the | ||||||
18 | Capital Development Board to retain an artist or work or works | ||||||
19 | of art as required in Section 14 of the Capital Development | ||||||
20 | Board Act. | ||||||
21 | (Source: P.A. 97-96, eff. 7-13-11; 97-239, eff. 8-2-11; 97-502, | ||||||
22 | eff. 8-23-11; 97-689, eff. 6-14-12; 97-813, eff. 7-13-12; | ||||||
23 | 97-895, eff. 8-3-12; 98-90, eff. 7-15-13; 98-463, eff. 8-16-13; | ||||||
24 | 98-572, eff. 1-1-14; revised 9-9-13.)
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25 | (30 ILCS 500/1-15.120 new) |
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1 | Sec. 1-15.120. Interested persons. For the purposes of | ||||||
2 | non-for-profit organization disclosures, "interested persons" | ||||||
3 | has the same meaning as "interested persons" used by the | ||||||
4 | Internal Revenue Service in Schedule L of Form 990.
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5 | (30 ILCS 500/1-15.125 new) | ||||||
6 | Sec. 1-15.125. Related for-profit organization. For | ||||||
7 | purposes of not-for-profit organization disclosures, "related | ||||||
8 | for-profit organization" has the same meaning as "related | ||||||
9 | organization" used by the Internal Revenue Service in Schedule | ||||||
10 | R of Form 990.
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11 | (30 ILCS 500/1-15.130 new) | ||||||
12 | Sec. 1-15.130. Not-for-profit organizations disclosure. | ||||||
13 | All bids and offers from responsive bidders or offerors, all | ||||||
14 | subcontracts identified under Section 20-120 of this Code that | ||||||
15 | are not-for-profit organizations, and not-for-profit | ||||||
16 | organization contracts subject to this Code shall be | ||||||
17 | accompanied by a copy of the not-for-profit organization's IRS | ||||||
18 | Form 990, including, but not limited to, the following sections | ||||||
19 | and corresponding schedules that require the reporting of any | ||||||
20 | ownership interests, operating agreements, partnerships, or | ||||||
21 | other duties, activities, or transactions that exist between | ||||||
22 | the not-for-profit organization, interested persons, and its | ||||||
23 | related for-profit owners, subsidiaries, partners, affiliates, | ||||||
24 | or unrelated organizations: (A) Part IV, Line 28, Schedule L; |
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1 | (B) Part IV, Line 34, Schedule R; and (C) Part VI, Line 3, | ||||||
2 | Schedule O. This disclosure shall, at a minimum, include | ||||||
3 | business identification of the for-profit organization, a list | ||||||
4 | of the business transactions between the related for-profit | ||||||
5 | organization and the not-for-profit organization under the | ||||||
6 | terms of the relationship, and whether more than 50% of the | ||||||
7 | not-for-profit organization's management, including current or | ||||||
8 | former officers, directors, trustees, family members, or key | ||||||
9 | employees, is delivered from the relationship. The | ||||||
10 | not-for-profit organization shall also furnish an affidavit | ||||||
11 | stating that the copy of the IRS Form 990 (and its accompanying | ||||||
12 | schedules) is an authentic copy of the IRS Form 990 submitted | ||||||
13 | to the IRS.
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14 | (30 ILCS 500/45-35)
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15 | Sec. 45-35. Facilities for persons with severe | ||||||
16 | disabilities. | ||||||
17 | (a) Qualification. Supplies and services may be procured
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18 | without advertising or calling
for bids from any qualified | ||||||
19 | not-for-profit agency for persons with severe disabilities | ||||||
20 | that:
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21 | (1) complies with Illinois laws governing private
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22 | not-for-profit organizations;
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23 | (2) is certified as a sheltered workshop by the Wage
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24 | and Hour Division of the
United States Department of Labor | ||||||
25 | or is an accredited vocational program that provides |
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1 | transition services to youth between the ages of 14 1/2 and | ||||||
2 | 22 in accordance with individualized education plans under | ||||||
3 | Section 14-8.03 of the School Code and that provides | ||||||
4 | residential services at a child care institution, as | ||||||
5 | defined under Section 2.06 of the Child Care Act of 1969, | ||||||
6 | or at a group home, as defined under Section 2.16 of the | ||||||
7 | Child Care Act of 1969; and
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8 | (3) meets the applicable Illinois Department of Human
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9 | Services just standards.
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10 | (b) Participation. To participate, the not-for-profit
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11 | agency must | ||||||
12 | (1) have indicated an
interest in providing the | ||||||
13 | supplies and services, | ||||||
14 | (2) must meet the
specifications and needs of the
using | ||||||
15 | agency, and must set a fair market price.
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16 | (3) submit a copy of the IRS Form 990, including, but | ||||||
17 | not limited to, the following sections and corresponding | ||||||
18 | schedules that require the reporting of any ownership | ||||||
19 | interests, operating agreements, partnerships, or other | ||||||
20 | duties, activities, or transactions that exist between the | ||||||
21 | not-for-profit organization, interested persons, and its | ||||||
22 | related for-profit owners, subsidiaries, partners, | ||||||
23 | affiliates, or unrelated organizations: (A) Part IV, Line | ||||||
24 | 28, Schedule L; (B) Part IV, Line 34, Schedule R; and (C) | ||||||
25 | Part VI, Line 3, Schedule O. This disclosure shall, at a | ||||||
26 | minimum, include business identification of the for-profit |
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1 | organization, a list of the business transactions between | ||||||
2 | the related for-profit organization and the not-for-profit | ||||||
3 | organization under the terms of the relationship, and | ||||||
4 | whether more than 50% of the not-for-profit organization's | ||||||
5 | management, including current or former officers, | ||||||
6 | directors, trustees, family members, or key employees, is | ||||||
7 | delivered from the relationship. The not-for-profit | ||||||
8 | organization shall also furnish an affidavit stating that | ||||||
9 | the copy of the IRS Form 990 (and its accompanying | ||||||
10 | schedules) is an authentic copy of the IRS Form 990 | ||||||
11 | submitted to the IRS. | ||||||
12 | (c) Committee. There is created within the Department of
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13 | Central Management
Services a committee to facilitate the | ||||||
14 | purchase of products and
services of persons so severely
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15 | disabled by a physical, developmental, or mental disability or | ||||||
16 | a combination of any of those disabilities that they cannot
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17 | engage in normal competitive
employment. This committee is | ||||||
18 | called the State Use Committee. The committee shall consist of | ||||||
19 | the Director of the
Department of Central
Management Services | ||||||
20 | or his or her designee, the Director of the Department
of Human | ||||||
21 | Services or his or her designee, one public member representing | ||||||
22 | private business who is knowledgeable of the employment needs | ||||||
23 | and concerns of persons with developmental disabilities, one | ||||||
24 | public member representing private business who is | ||||||
25 | knowledgeable of the needs and concerns of rehabilitation | ||||||
26 | facilities, one public member who is knowledgeable of the |
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1 | employment needs and concerns of persons with developmental | ||||||
2 | disabilities, one public member who is knowledgeable of the | ||||||
3 | needs and concerns of rehabilitation facilities, and 2 public | ||||||
4 | members from a statewide association that represents | ||||||
5 | community-based rehabilitation facilities, all appointed by | ||||||
6 | the
Governor. The public
members shall serve 2 year terms, | ||||||
7 | commencing upon appointment and
every 2 years thereafter.
A | ||||||
8 | public member may be reappointed, and vacancies shall be filled | ||||||
9 | by
appointment for the
completion of the term. In the event | ||||||
10 | there is a vacancy on the Committee, the Governor must make an | ||||||
11 | appointment to fill that vacancy within 30 calendar days after | ||||||
12 | the notice of vacancy. The members shall serve without
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13 | compensation but shall be reimbursed
for expenses at a rate | ||||||
14 | equal to that of State employees on a per
diem basis by the | ||||||
15 | Department
of Central Management Services. All members shall be | ||||||
16 | entitled to
vote on issues before the
committee.
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17 | The committee shall have the following powers and duties:
| ||||||
18 | (1) To request from any State agency information as to
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19 | product specification
and service requirements in order to | ||||||
20 | carry out its purpose.
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21 | (2) To meet quarterly or more often as necessary to
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22 | carry out its purposes.
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23 | (3) To request a quarterly report from each
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24 | participating qualified not-for-profit agency for persons | ||||||
25 | with severe disabilities describing the volume of sales for | ||||||
26 | each product or
service sold under this Section.
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1 | (4) To prepare a report for the Governor annually.
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2 | (5) To prepare a publication that lists all supplies
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3 | and services currently
available from any qualified | ||||||
4 | not-for-profit agency for persons with severe | ||||||
5 | disabilities. This list and
any revisions shall be | ||||||
6 | distributed to all purchasing agencies.
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7 | (6) To encourage diversity in supplies and services
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8 | provided by qualified not-for-profit agencies for persons | ||||||
9 | with severe disabilities and discourage unnecessary | ||||||
10 | duplication or
competition among facilities.
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11 | (7) To develop guidelines to be followed by qualifying
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12 | agencies for
participation under the provisions of this | ||||||
13 | Section. The
guidelines shall be developed within
6 months | ||||||
14 | after the effective date of this Code and made available
on | ||||||
15 | a nondiscriminatory basis
to all qualifying agencies.
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16 | (8) To review all bids submitted under the provisions
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17 | of this Section and reject
any bid for any purchase that is | ||||||
18 | determined to be substantially
more than the purchase would
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19 | have cost had it been competitively bid.
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20 | (9) To develop a 5-year plan for increasing the number | ||||||
21 | of products and services purchased from qualified | ||||||
22 | not-for-profit agencies for persons with severe | ||||||
23 | disabilities, including the feasibility of developing | ||||||
24 | mandatory set-aside contracts. This 5-year plan must be | ||||||
25 | developed no later than 180 calendar days after the | ||||||
26 | effective date of this amendatory Act of the 96th General |
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1 | Assembly. | ||||||
2 | (c-5) Conditions for Use. Each chief procurement officer | ||||||
3 | shall, in consultation with the State Use Committee, determine | ||||||
4 | which articles, materials, services, food stuffs, and supplies | ||||||
5 | that are produced, manufactured, or provided by persons with | ||||||
6 | severe disabilities in qualified not-for-profit agencies shall | ||||||
7 | be given preference by purchasing agencies procuring those | ||||||
8 | items. | ||||||
9 | (d) Former committee. The committee created under
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10 | subsection (c) shall replace the
committee created under | ||||||
11 | Section 7-2 of the Illinois Purchasing Act,
which shall
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12 | continue to operate until the appointments under subsection (c)
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13 | are made.
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14 | (Source: P.A. 96-634, eff. 8-24-09; 97-895, eff. 8-3-12.)
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15 | (30 ILCS 500/50-2) | ||||||
16 | Sec. 50-2. Continuing disclosure; false certification. | ||||||
17 | (a) Multi-year contracts. Every person that has entered | ||||||
18 | into a multi-year contract and every subcontractor with a | ||||||
19 | multi-year subcontract shall certify, by July 1 of each fiscal | ||||||
20 | year covered by the contract after the initial fiscal year, to | ||||||
21 | the responsible chief procurement officer whether it continues | ||||||
22 | to satisfy the requirements of this Article pertaining to | ||||||
23 | eligibility for a contract award. If a contractor or | ||||||
24 | subcontractor is not able to truthfully certify that it | ||||||
25 | continues to meet all requirements, it shall provide with its |
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1 | certification a detailed explanation of the circumstances | ||||||
2 | leading to the change in certification status. A contractor or | ||||||
3 | subcontractor that makes a false statement material to any | ||||||
4 | given certification required under this Article is, in addition | ||||||
5 | to any other penalties or consequences prescribed by law, | ||||||
6 | subject to liability under the Illinois False Claims Act for | ||||||
7 | submission of a false claim.
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8 | (b) Not-for-profit organizations; multi-year contracts. If | ||||||
9 | a not-for-profit organization has entered into a multi-year | ||||||
10 | contract to supply or provide goods or services, then, by July | ||||||
11 | 1 of each fiscal year covered by the contract after the initial | ||||||
12 | fiscal year, the not-for-profit organization must also submit a | ||||||
13 | copy of the IRS Form 990, including, but not limited to, the | ||||||
14 | following sections and corresponding schedules that require | ||||||
15 | the reporting of any ownership interests, operating | ||||||
16 | agreements, partnerships, or other duties, activities, or | ||||||
17 | transactions that exist between the not-for-profit | ||||||
18 | organization, interested persons, and its related for-profit | ||||||
19 | owners, subsidiaries, partners, affiliates, or unrelated | ||||||
20 | organizations: (A) Part IV, Line 28,Schedule L; (B) Part IV, | ||||||
21 | Line 34, Schedule R; and (C) Part VI, Line 3, Schedule O. This | ||||||
22 | disclosure shall, at a minimum, include business | ||||||
23 | identification of the for-profit organization, a list of the | ||||||
24 | business transactions between the related for-profit | ||||||
25 | organization and the not-for-profit organization under the | ||||||
26 | terms of the relationship, and whether more than 50% of the |
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1 | not-for-profit organization's management, including current or | ||||||
2 | former officers, directors, trustees, family members, or key | ||||||
3 | employees, is delivered from the relationship. The | ||||||
4 | not-for-profit organization shall also furnish an affidavit | ||||||
5 | stating that the copy of the IRS Form 990 (and its accompanying | ||||||
6 | schedules) is an authentic copy of the IRS Form 990 submitted | ||||||
7 | to the IRS. | ||||||
8 | (Source: P.A. 96-795, eff. 7-1-10 (see Section 5 of P.A. 96-793 | ||||||
9 | for the effective date of P.A. 96-795); 96-1304, eff. 7-27-10.)
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10 | Section 99. Effective date. This Act takes effect upon | ||||||
11 | becoming law.
|