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| 1 | AN ACT concerning finance. | ||||||
| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly: | ||||||
| 4 | Section 5. The Illinois Procurement Code is amended by | ||||||
| 5 | changing 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 | ||||||
| 10 | State of Illinois to promote the economy of Illinois through | ||||||
| 11 | the use of Illinois businesses for all State construction | ||||||
| 12 | contracts. | ||||||
| 13 | (c) A construction agency, as defined in Section 1-15.25, | ||||||
| 14 | Construction agencies procuring construction and | ||||||
| 15 | construction-related professional services shall make | ||||||
| 16 | reasonable efforts to contract with Illinois businesses. | ||||||
| 17 | (d) Each Beginning in 2022, each construction agency shall | ||||||
| 18 | submit a report to the Governor and the General Assembly by | ||||||
| 19 | December September 1 of each year that identifies the Illinois | ||||||
| 20 | businesses procured by the construction agency, the primary | ||||||
| 21 | location of the construction project, the percentage of the | ||||||
| 22 | construction agency's utilization of Illinois businesses on | ||||||
| 23 | the project as a whole, and the actions that the construction | ||||||
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| 1 | agency has undertaken to increase the use of Illinois | ||||||
| 2 | businesses. | ||||||
| 3 | (e) In procuring construction and construction-related | ||||||
| 4 | professional services for projects with a total value that | ||||||
| 5 | exceeds the small purchase maximum established by Section | ||||||
| 6 | 20-20 of this Code, construction agencies shall provide a bid | ||||||
| 7 | preference to a responsive and responsible bidder that is an | ||||||
| 8 | Illinois business as defined in this Section. The construction | ||||||
| 9 | agency shall allocate to the lowest bid by an Illinois | ||||||
| 10 | business that is responsible and responsive a bid preference | ||||||
| 11 | of 4% of the contract base bid. This subsection applies only to | ||||||
| 12 | projects where a business that is not an Illinois business | ||||||
| 13 | submits a bid. | ||||||
| 14 | (f) This Section does not apply to any contract for any | ||||||
| 15 | project for which federal funds are available for expenditure | ||||||
| 16 | when its provisions may be in conflict with federal law or | ||||||
| 17 | federal regulation. | ||||||
| 18 | (g) As used in this Section, "Illinois business" means a | ||||||
| 19 | contractor that is operating and headquartered in Illinois and | ||||||
| 20 | providing, at the time that an invitation for a bid or notice | ||||||
| 21 | of contract opportunity is first advertised, construction or | ||||||
| 22 | construction-related professional services, and is operating | ||||||
| 23 | as: | ||||||
| 24 | (1) a sole proprietor whose primary residence is in | ||||||
| 25 | Illinois; | ||||||
| 26 | (2) a business incorporated or organized as a domestic | ||||||
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| 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.) | ||||||