Full Text of HB4219 98th General Assembly
HB4219 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB4219 Introduced , by Rep. Greg Harris SYNOPSIS AS INTRODUCED: |
| 30 ILCS 500/1-10 | | 30 ILCS 500/1-15.120 new | | 30 ILCS 500/1-15.125 new | | 30 ILCS 500/1-15.130 new | | 30 ILCS 500/45-35 | | 30 ILCS 500/50-2 | |
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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.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning finance.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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:
| 7 | | (30 ILCS 500/1-10)
| 8 | | Sec. 1-10. Application.
| 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
| 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.
| 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:
| 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.
| 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.
| 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.
| 10 | | (5) Collective bargaining contracts.
| 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.
| 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
| 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.
| 8 | | (9) Procurement expenditures by the Illinois | 9 | | Conservation Foundation
when only private funds are used.
| 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.)
| 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. | 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. | 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.
| 14 | | (30 ILCS 500/45-35)
| 15 | | Sec. 45-35. Facilities for persons with severe | 16 | | disabilities. | 17 | | (a) Qualification. Supplies and services may be procured
| 18 | | without advertising or calling
for bids from any qualified | 19 | | not-for-profit agency for persons with severe disabilities | 20 | | that:
| 21 | | (1) complies with Illinois laws governing private
| 22 | | not-for-profit organizations;
| 23 | | (2) is certified as a sheltered workshop by the Wage
| 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
| 8 | | (3) meets the applicable Illinois Department of Human
| 9 | | Services just standards.
| 10 | | (b) Participation. To participate, the not-for-profit
| 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.
| 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
| 13 | | Central Management
Services a committee to facilitate the | 14 | | purchase of products and
services of persons so severely
| 15 | | disabled by a physical, developmental, or mental disability or | 16 | | a combination of any of those disabilities that they cannot
| 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
| 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.
| 17 | | The committee shall have the following powers and duties:
| 18 | | (1) To request from any State agency information as to
| 19 | | product specification
and service requirements in order to | 20 | | carry out its purpose.
| 21 | | (2) To meet quarterly or more often as necessary to
| 22 | | carry out its purposes.
| 23 | | (3) To request a quarterly report from each
| 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.
| 2 | | (5) To prepare a publication that lists all supplies
| 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.
| 7 | | (6) To encourage diversity in supplies and services
| 8 | | provided by qualified not-for-profit agencies for persons | 9 | | with severe disabilities and discourage unnecessary | 10 | | duplication or
competition among facilities.
| 11 | | (7) To develop guidelines to be followed by qualifying
| 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.
| 16 | | (8) To review all bids submitted under the provisions
| 17 | | of this Section and reject
any bid for any purchase that is | 18 | | determined to be substantially
more than the purchase would
| 19 | | have cost had it been competitively bid.
| 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
| 10 | | subsection (c) shall replace the
committee created under | 11 | | Section 7-2 of the Illinois Purchasing Act,
which shall
| 12 | | continue to operate until the appointments under subsection (c)
| 13 | | are made.
| 14 | | (Source: P.A. 96-634, eff. 8-24-09; 97-895, eff. 8-3-12.)
| 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.
| 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.)
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.
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