Public Act 094-0540
 
SB1723 Enrolled LRB094 08707 JAM 38919 b

    AN ACT concerning finance.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Procurement of Domestic Products Act is
amended by changing Sections 5, 10, 15, 25, and 30 as follows:
 
    (30 ILCS 517/5)
    Sec. 5. Definitions. As used in this Act:
    "Manufactured in the United States" means, in the case of
assembled articles, materials, or supplies, that design, final
assembly, processing, packaging, testing, or other process
that adds value, quality, or reliability occurs in the United
States.
    "Procured products" means assembled articles, materials,
or supplies purchased by a State agency.
    "Purchasing agency" means a State agency.
    "State agency" means each agency, department authority,
board, commission of the executive branch of State government,
including each university, whether created by statute or by
executive order of the Governor.
    "United States" means the United States and any place
subject to the jurisdiction of the United States.
(Source: P.A. 93-954, eff. 1-1-05.)
 
    (30 ILCS 517/10)
    Sec. 10. United States products. Each purchasing agency
making purchases of procured products manufactured articles,
materials, and supplies shall promote the purchase of and give
preference to manufactured articles, materials, and supplies
that have been manufactured in the United States. Procured
products Manufactured articles, materials, and supplies
manufactured in the United States shall be specified and
purchased unless the purchasing agency determines that any of
the following applies:
        (1) The procured products manufactured articles,
    materials, and supplies are not manufactured in the United
    States in reasonably available quantities.
        (2) The price of the procured products manufactured
    articles, materials, and supplies manufactured in the
    United States exceeds by an unreasonable amount the price
    of available and comparable procured products manufactured
    articles, materials, and supplies manufactured outside the
    United States.
        (3) The quality of the procured products manufactured
    articles, materials, and supplies manufactured in the
    United States is substantially less than the quality of the
    comparably priced, available, and comparable procured
    products manufactured articles, materials, and supplies
    manufactured outside the United States.
        (4) The purchase of the procured products manufactured
    articles, materials, and supplies manufactured outside in
    the United States better serves is not in the public
    interest by helping to protect or save life, property, or
    the environment.
        (5) The purchase of the procured products manufactured
    articles, materials, or supplies is made in conjunction
    with contracts or offerings of telecommunications, fire
    suppression, security systems, communications services, or
    Internet services, or information services.
        (6) The purchase is of pharmaceutical products, drugs,
    biologics, vaccines, medical devices used to provide
    medical and health care or treat disease or used in medical
    or research diagnostic tests, and medical nutritionals
    regulated by the Food and Drug Administration under the
    federal Food, Drug and Cosmetic Act.
    In determining the price of procured products manufactured
articles, materials, and supplies for purposes of this Section,
consideration shall be given to the life-cycle cost, including
maintenance and repair of those procured products manufactured
articles, materials, and supplies.
(Source: P.A. 93-954, eff. 1-1-05.)
 
    (30 ILCS 517/15)
    Sec. 15. Contracts; prequalification.
    (a) Each contract awarded by a purchasing agency on or
after the effective date of this Act through the use of the
preference required under Section 10 shall contain the
contractor's certification that procured products manufactured
articles, materials, and supplies provided pursuant to the
contract or a subcontract shall be manufactured in the United
States.
    (b) Chief procurement officers, as provided in Section
20-45 of the Illinois Procurement Code, and the Capital
Development Board, as provided in Section 30-20 of the Illinois
Procurement Code, must promulgate rules for prequalification
of suppliers and contractors under this Section.
(Source: P.A. 93-954, eff. 1-1-05.)
 
    (30 ILCS 517/25)
    Sec. 25. Penalties. If a contractor is awarded a contract
through the use of a preference under this Act and knowingly
supplies procured products manufactured articles, materials,
or supplies under that contract that are not manufactured in
the United States, then (i) the contractor is barred from
obtaining any State contract for a period of 5 years after the
violation is discovered by the purchasing agency, (ii) the
purchasing agency may void the contract, and (iii) the
purchasing agency may recover damages in a civil action in an
amount 3 times the value of the preference.
(Source: P.A. 93-954, eff. 1-1-05.)
 
    (30 ILCS 517/30)
    Sec. 30. Capital Development Board; exemption. The Capital
Development Board (CDB) is exempt from the requirements of this
Act with respect to a specific project if (i) CDB determines
that the project is too complex for the 5 major construction
building trades to identify the numerous individual procured
products articles, materials, and supplies required for the
project or (ii) CDB determines that procured products the
articles, materials, and supplies required for the project are
too numerous or complex to be able to efficiently assess the
sites where manufactured.
(Source: P.A. 93-954, eff. 1-1-05.)