Rep. Jay Hoffman

Filed: 3/3/2023

 

 


 

 


 
10300HB3551ham001LRB103 30888 HLH 58492 a

1
AMENDMENT TO HOUSE BILL 3551

2    AMENDMENT NO. ______. Amend House Bill 3551 on page 1,
3line 5, by replacing "Sections 1-15.93 and 30-30" with
4"Sections 1-15.93, 30-30, and 45-105"; and
 
5on page 9, immediately below line 5, by inserting the
6following:
 
7    "(30 ILCS 500/45-105)
8    Sec. 45-105. Bid preference for Illinois businesses.
9    (a) (Blank). For the purposes of this Section:
10    "Illinois business" means a contractor that: (i) is
11headquartered in Illinois and providing, at the time that an
12invitation for a bid or notice of contract opportunity is
13first advertised, construction or construction-related
14professional services for Illinois-based projects; (ii)
15conducts meaningful day-to-day business operations at a
16facility in Illinois that is the place of employment for the

 

 

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1majority of its regular, full-time workforce; (iii) holds all
2appropriate State licenses; and (iv) is subject to applicable
3State taxes. "Illinois business" does not include any
4subcontractors.
5    "Illinois-based project" means an individual project of
6construction and other construction-related services for a
7construction agency that will result in the conduct of
8business within the State or the employment of individuals
9within the State.
10    (b) It is hereby declared to be the public policy of the
11State of Illinois to promote the economy of Illinois through
12the use of Illinois businesses for all State construction
13contracts.
14    (c) Construction agencies procuring construction and
15construction-related professional services shall make
16reasonable efforts to contract with Illinois businesses.
17    (d) Beginning in 2022, each construction agency shall
18submit a report to the Governor and the General Assembly by
19September 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
24agency has undertaken to increase the use of Illinois
25businesses.
26    (e) In procuring construction and construction-related

 

 

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1professional services for projects with a total value that
2exceeds the small purchase maximum established by Section
320-20 of this Code with a total construction cost of more than
4$100,000, construction agencies shall provide a bid preference
5to a responsive and responsible bidder that is an Illinois
6business as defined in this Section. The construction agency
7shall allocate to the lowest bid by an Illinois business that
8is responsible and responsive any responsible bidder that is
9an Illinois business a bid preference of 4% of the contract
10base bid. This subsection applies only to projects where a
11business that is not an Illinois business submits a bid.
12    (f) This Section does not apply to any contract for any
13project for which federal funds are available for expenditure
14when its provisions may be in conflict with federal law or
15federal regulation.
16    (g) As used in this Section, "Illinois business" means a
17contractor that is operating and headquartered in Illinois and
18providing, at the time that an invitation for a bid or notice
19of contract opportunity is first advertised, construction or
20construction-related professional services, and is operating
21as:
22        (1) a sole proprietor whose primary residence is in
23    Illinois;
24        (2) a business incorporated or organized as a domestic
25    corporation under the Business Corporation Act of 1983;
26        (3) a business organized as a domestic partnership

 

 

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