Illinois General Assembly - Full Text of HB3699
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Full Text of HB3699  102nd General Assembly

HB3699ham001 102ND GENERAL ASSEMBLY

Rep. Jay Hoffman

Filed: 4/19/2021

 

 


 

 


 
10200HB3699ham001LRB102 14093 RJF 25388 a

1
AMENDMENT TO HOUSE BILL 3699

2    AMENDMENT NO. ______. Amend House Bill 3699 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Procurement of Domestic Products Act is
5amended by changing Sections 5, 10, and 25 and by adding
6Sections 3 and 35 as follows:
 
7    (30 ILCS 517/3 new)
8    Sec. 3. Policy. It is the policy of Illinois that the State
9government should, consistent with applicable law, use terms
10and conditions of State financial assistance awards and State
11procurements to maximize the use of goods, products, and
12materials produced in, and services offered in, Illinois.
 
13    (30 ILCS 517/5)
14    Sec. 5. Definitions. As used in this Act:
15    "Manufactured in Illinois" means, in the case of assembled

 

 

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1articles, materials, or supplies, that design, final assembly,
2processing, packaging, testing, or other process that adds
3value, quality, or reliability occurs in Illinois.
4    "Manufactured in the United States" means, in the case of
5assembled articles, materials, or supplies, that design, final
6assembly, processing, packaging, testing, or other process
7that adds value, quality, or reliability occurs in the United
8States.
9    "Procured products" means assembled articles, materials,
10or supplies purchased by a State agency.
11    "Purchasing agency" has the same meaning as provided under
12Section 1-15.70 of the Illinois Procurement Code means a State
13agency.
14    "State agency" has the same meaning as provided under
15Section 1-15.100 of the Illinois Procurement Code means each
16agency, department, authority, board, or commission of the
17executive branch of State government, including each
18university, whether created by statute or by executive order
19of the Governor.
20    "United States" means the United States and any place
21subject to the jurisdiction of the United States.
22(Source: P.A. 98-463, eff. 8-16-13.)
 
23    (30 ILCS 517/10)
24    Sec. 10. Domestic United States products.
25    (a) Each purchasing agency making purchases of procured

 

 

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1products shall promote the purchase of and give preference to
2manufactured articles, materials, and supplies that have been
3manufactured in the United States. Procured products
4manufactured in the United States shall be specified and
5purchased unless the purchasing agency determines that any of
6the following applies:
7        (1) The procured products are not manufactured in the
8    United States in reasonably available quantities.
9        (2) The price of the procured products manufactured in
10    the United States exceeds by an unreasonable amount the
11    price of available and comparable procured products
12    manufactured outside of the United States by 12% or more.
13        (3) The quality of the procured products manufactured
14    in the United States is substantially less than the
15    quality of the comparably priced, available, and
16    comparable procured products manufactured outside of the
17    United States.
18        (4) The purchase of the procured products manufactured
19    outside of the United States better serves the public
20    interest by helping to protect or save life, property, or
21    the environment.
22        (5) The purchase of the procured products is made in
23    conjunction with contracts or offerings of
24    telecommunications, fire suppression, security systems,
25    communications services, Internet services, or information
26    services.

 

 

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1        (6) The purchase is of pharmaceutical products, drugs,
2    biologics, vaccines, medical devices used to provide
3    medical and health care or treat disease or used in
4    medical or research diagnostic tests, and medical
5    nutritionals regulated by the Food and Drug Administration
6    under the federal Food, Drug and Cosmetic Act.
7        (7) The purchase is an emergency purchase authorized
8    under Section 20-30 of the Illinois Procurement Code.
9        (8) The purchase is a sole source or sole economically
10    feasible source purchase authorized under Section 20-25 of
11    the Illinois Procurement Code.
12    (b) If there is a tie between 2 bidders or offerors who
13have certified that they will provide products manufactured in
14the United States, the bidder or offeror that certifies it
15will provide products manufactured in Illinois shall be given
16preference.
17    (c) In determining the price of procured products for
18purposes of this Section, consideration shall be given to the
19life-cycle cost, including maintenance and repair of those
20procured products.
21(Source: P.A. 93-954, eff. 1-1-05; 94-540, eff. 1-1-06.)
 
22    (30 ILCS 517/25)
23    Sec. 25. Penalties. If a contractor is awarded a contract
24through the use of a preference under this Act and knowingly
25supplies procured products under that contract that are not

 

 

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1manufactured in Illinois or the United States, as applicable,
2then (i) the contractor is barred from obtaining any State
3contract for a period of 5 years after the violation is
4discovered by the purchasing agency, (ii) the purchasing
5agency may void the contract, and (iii) the purchasing agency
6may recover damages in a civil action in an amount 3 times the
7value of the preference.
8(Source: P.A. 93-954, eff. 1-1-05; 94-540, eff. 1-1-06.)
 
9    (30 ILCS 517/35 new)
10    Sec. 35. Compliance reports. Beginning within 180 days
11after the effective date of this amendatory Act of the 102nd
12General Assembly, and annually thereafter, each purchasing
13agency shall submit to the chief procurement officer a report
14on: (i) the purchasing agency's compliance with the Act,
15including details on any incidents of noncompliance; (ii) the
16purchasing agency's analysis of goods, products, materials,
17and services not subject to the Act, including details of any
18procured products purchased under an exception listed in
19subsection (a) of Section 10; and (iii) any recommendations
20for how to further effectuate the policy set forth in this Act.
 
21    Section 99. Effective date. This Act takes effect upon
22becoming law.".