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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB7298
Introduced 05/04/04, by Rep. William B. Black SYNOPSIS AS INTRODUCED:
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Amends the Illinois Procurement Code. With respect to the preference for resident bidders, provides that the purchasing agency may consider the bidder's resident status when the agency is acting as a market participant and not as a market regulator under the commerce clause of the U.S. Constitution. Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB7298 |
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LRB093 22048 JAM 50471 b |
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| AN ACT concerning procurement.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Procurement Code is amended by |
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| changing Section 45-10 as follows:
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| (30 ILCS 500/45-10)
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| Sec. 45-10. Resident bidders.
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| (a) Amount of preference. When a contract is to be awarded
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| to the lowest responsible
bidder, a resident bidder shall be |
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| allowed a preference as against
a non-resident bidder from any
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| state that gives or requires a preference to bidders from that
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| state. The preference shall be equal
to the preference given or |
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| required by the state of the
non-resident bidder. In addition, |
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| the purchasing agency may take into consideration the resident |
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| status of a bidder when evaluating a bid when the purchasing |
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| agency is acting as a market participant and not as a market |
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| regulator under the Commerce Clause of the United States |
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| Constitution. Further, if only non-resident bidders are
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| bidding, the purchasing agency is within its right to specify |
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| that
Illinois
labor and manufacturing locations be used as a |
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| part of the
manufacturing process, if applicable.
This |
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| specification may be negotiated as part of the solicitation
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| process.
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| (b) Residency. A resident bidder is a person authorized to
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| transact business in this State
and having a bona fide |
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| establishment for transacting business
within this State where |
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| it was
actually transacting business on the date when any bid |
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| for a
public contract is first advertised
or announced. A |
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| resident bidder includes a foreign corporation
duly authorized |
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| to transact
business in this State that has a bona fide |
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| establishment for
transacting business within this State
where |
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| it was actually transacting business on the date when any
bid |