State Government Administration Committee
Filed: 03/04/04
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1 | AMENDMENT TO HOUSE BILL 6983
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2 | AMENDMENT NO. ______. Amend House Bill 6983 by replacing | ||||||
3 | everything after the enacting clause with the following: | ||||||
4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Procurement of Domestic Products Act. | ||||||
6 | Section 5. Definitions. As used in this Act: | ||||||
7 | "Purchasing agency" means a State agency. | ||||||
8 | "State agency" means each agency, department authority, | ||||||
9 | board, commission of the executive branch of State government, | ||||||
10 | including each university, whether created by statute or by | ||||||
11 | executive order of the Governor.
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12 | "United States" means the United States and any place | ||||||
13 | subject to the jurisdiction of the United States.
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14 | Section 10. United States products. | ||||||
15 | (a) Each purchasing agency making purchases of | ||||||
16 | manufactured articles, materials, and supplies shall promote | ||||||
17 | the purchase of and give preference to manufactured articles, | ||||||
18 | materials, and supplies that have been produced in the United | ||||||
19 | States. Manufactured articles, materials, and supplies | ||||||
20 | manufactured in the United States shall be specified and | ||||||
21 | purchased unless the purchasing agency determines that any of | ||||||
22 | the following applies: | ||||||
23 | (1) The manufactured articles, materials, and supplies |
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1 | are not manufactured in the United States in reasonably | ||||||
2 | available quantities. | ||||||
3 | (2) The price of the manufactured articles, materials, | ||||||
4 | and supplies manufactured in the United States exceeds by | ||||||
5 | an unreasonable amount the price of available and | ||||||
6 | comparable manufactured articles, materials, and supplies | ||||||
7 | manufactured outside the United States. | ||||||
8 | (3) The quality of the manufactured articles, | ||||||
9 | materials, and supplies manufactured in the United States | ||||||
10 | is substantially less than the quality of the comparably | ||||||
11 | priced, available, and comparable manufactured articles, | ||||||
12 | materials, and supplies manufactured outside the United | ||||||
13 | States. | ||||||
14 | (4) The purchase of the manufactured articles, | ||||||
15 | materials, and supplies manufactured in the United States | ||||||
16 | is not in the public interest. | ||||||
17 | In determining the price of manufactured articles, | ||||||
18 | materials, and supplies for purposes of this Section, | ||||||
19 | consideration shall be given to the life-cycle cost of those | ||||||
20 | manufactured articles, materials, and supplies.
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21 | (b) If an exception listed in paragraph (1), (2), (3), or | ||||||
22 | (4) of subsection (a) applies and the manufactured article, | ||||||
23 | material, or supply consists of assembled components, | ||||||
24 | preference shall be given to the article, material, or supply | ||||||
25 | that contains the highest percentage of components, based on | ||||||
26 | the value of all components, that are manufactured in the | ||||||
27 | United States.
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28 | Section 15. Source of content. Each bid to provide a | ||||||
29 | purchasing agency with manufactured articles, materials, or | ||||||
30 | supplies must identify the country in which each article, | ||||||
31 | material, or supply was manufactured. If a manufactured | ||||||
32 | article, material, or supply consists of assembled components, | ||||||
33 | the source of each component must be identified. |
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1 | Section 20. Contracts. Each contract awarded by a | ||||||
2 | purchasing agency on or after the effective date of this Act | ||||||
3 | through the use of the preference required under Section 10 | ||||||
4 | shall contain the contractor's certification that manufactured | ||||||
5 | articles, materials, and supplies provided pursuant to the | ||||||
6 | contract or a subcontract shall be manufactured within the | ||||||
7 | United States.
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8 | Section 25. Federal and State law.
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9 | (a) Nothing in this Act is intended to contravene any | ||||||
10 | existing treaty, law, agreement, or regulation of the United | ||||||
11 | States. Contracts entered into in accordance with any treaty, | ||||||
12 | law, agreement, or regulation of the United States shall not be | ||||||
13 | in violation of this Act to the extent of that accordance.
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14 | (b) The preference required by this Act is in addition to | ||||||
15 | any other preference afforded by State law. | ||||||
16 | Section 90. The Illinois Procurement Code is amended by | ||||||
17 | changing Section 45-65 as follows:
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18 | (30 ILCS 500/45-65)
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19 | Sec. 45-65. Additional preferences. This Code is subject
to | ||||||
20 | applicable provisions of:
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21 | (1) the Public Purchases in Other States Act;
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22 | (2) the Illinois Mined Coal Act;
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23 | (3) the Steel Products Procurement Act;
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24 | (4) the Veterans Preference Act; and
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25 | (5) the Business Enterprise for Minorities, Females, | ||||||
26 | and Persons with
Disabilities Act ; and . | ||||||
27 | (6) The Procurement of Domestic Products Act.
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28 | (Source: P.A. 90-572, eff. date - See Sec. 99-5.)".
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