Illinois General Assembly - Full Text of HB4772
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Full Text of HB4772  103rd General Assembly



HB4772 EngrossedLRB103 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
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 Engrossed- 2 -LRB103 37568 MXP 67694 b

1agency has undertaken to increase the use of Illinois
3    (e) In procuring construction and construction-related
4professional services for projects with a total value that
5exceeds the small purchase maximum established by Section
620-20 of this Code, construction agencies shall provide a bid
7preference to a responsive and responsible bidder that is an
8Illinois business as defined in this Section. The construction
9agency shall allocate to the lowest bid by an Illinois
10business that is responsible and responsive a bid preference
11of 4% of the contract base bid. This subsection applies only to
12projects where a business that is not an Illinois business
13submits a bid.
14    (f) This Section does not apply to any contract for any
15project for which federal funds are available for expenditure
16when its provisions may be in conflict with federal law or
17federal regulation.
18    (g) As used in this Section, "Illinois business" means a
19contractor that is operating and headquartered in Illinois and
20providing, at the time that an invitation for a bid or notice
21of contract opportunity is first advertised, construction or
22construction-related professional services, and is operating
24        (1) a sole proprietor whose primary residence is in
25    Illinois;
26        (2) a business incorporated or organized as a domestic



HB4772 Engrossed- 3 -LRB103 37568 MXP 67694 b

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