103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4772
 
Introduced 2/6/2024, by Rep. Jay Hoffman
 
SYNOPSIS AS INTRODUCED:
 
30 ILCS 500/45-105
    Amends the Illinois Procurement Code. Requires that each construction agency shall submit a report to the Governor and the General Assembly by December 1 (rather than September 1) of each year that identifies the Illinois businesses procured by the construction agency, the primary location of the construction project, the percentage of the construction agency's utilization of Illinois businesses on the project as a whole, and the actions that the construction agency has undertaken to increase the use of Illinois businesses. Provides that, in procuring construction, construction-related services, construction-related professional services, and construction support services (rather than construction and construction-related professional services) for projects with a total value that exceeds the small purchase maximum established by the Code, construction agencies shall provide a bid preference to a responsive and responsible bidder that is an Illinois business. Makes other changes.


LRB103 37568 MXP 67694 b

 
 
A BILL FOR
 
HB4772LRB103 37568 MXP 67694 b

1    AN ACT concerning finance.
 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:
 
4    Section 5. The Illinois Procurement Code is amended by 
5changing Section 45-105 as follows:
 
6    (30 ILCS 500/45-105)
7    Sec. 45-105. Bid preference for Illinois businesses.
8    (a) (Blank).
9    (b) It is hereby declared to be the public policy of the 
10State of Illinois to promote the economy of Illinois through 
11the use of Illinois businesses for all State construction 
12contracts.
13    (c) A construction agency, as defined in Section 1-15.25, 
14Construction agencies procuring construction and 
15construction-related professional services shall make 
16reasonable efforts to contract with Illinois businesses.
17    (d) Each Beginning in 2022, each construction agency shall 
18submit a report to the Governor and the General Assembly by 
19December September 1 of each year that identifies the Illinois 
20businesses procured by the construction agency, the primary 
21location of the construction project, the percentage of the 
22construction agency's utilization of Illinois businesses on 
23the project as a whole, and the actions that the construction 
 
 
HB4772- 2 -LRB103 37568 MXP 67694 b

1agency has undertaken to increase the use of Illinois 
2businesses.
3    (e) In procuring construction, and construction-related 
4services, construction-related professional services, and 
5construction support services for projects with a total value 
6that exceeds the small purchase maximum established by Section 
720-20 of this Code, construction agencies shall provide a bid 
8preference to a responsive and responsible bidder that is an 
9Illinois business as defined in this Section. The construction 
10agency shall allocate to the lowest bid by an Illinois 
11business that is responsible and responsive a bid preference 
12of 4% of the contract base bid. This subsection applies only to 
13projects where a business that is not an Illinois business 
14submits a bid. 
15    (f) This Section does not apply to any contract for any 
16project for which federal funds are available for expenditure 
17when its provisions may be in conflict with federal law or 
18federal regulation. 
19    (g) As used in this Section, "Illinois business" means a 
20contractor that is operating and headquartered in Illinois and 
21providing, at the time that an invitation for a bid or notice 
22of contract opportunity is first advertised, construction or 
23construction-related professional services, and is operating 
24as:
25        (1) a sole proprietor whose primary residence is in 
26    Illinois; 
 
 
HB4772- 3 -LRB103 37568 MXP 67694 b

1        (2) a business incorporated or organized as a domestic 
2    corporation under the Business Corporation Act of 1983; 
3        (3) a business organized as a domestic partnership 
4    under the Uniform Partnership Act of 1997; 
5        (4) a business organized as a domestic limited 
6    partnership under the Uniform Limited Partnership Act of 
7    2001; 
8        (5) a business organized under the Limited Liability 
9    Company Act; or 
10        (6) a business organized under the Professional 
11    Limited Liability Company Act. 
12    "Illinois business" does not include any subcontractors. 
13(Source: P.A. 102-721, eff. 1-1-23; 103-570, eff. 1-1-24.)