HB5511sam002 103RD GENERAL ASSEMBLY

Sen. Cristina Castro

Filed: 5/23/2024

10300HB5511sam002 LRB103 38791 RPS 74007 a

AMENDMENT TO HOUSE BILL 5511

AMENDMENT NO. ______. Amend House Bill 5511, AS AMENDED, with reference to page and line numbers of Senate Amendment No. 1, by replacing line 11 on page 61 through line 19 on page 66 with the following:

"Section 7-5. The Illinois Procurement Code is amended by adding Section 45-46 as follows:

(30 ILCS 500/45-46 new)

Sec. 45-46. Mid-size businesses.

(a) As used in the Section, "mid-size business" means a business that is independently owned and operated and that is not dominant in its field of operation. "Mid-size business" includes a construction business with annual sales and receipts in excess of $14,000,000 but not over $45,000,000.

(a-5) This Section applies only to construction-related procurements for the Illinois State Toll Highway Authority.

(b) The chief procurement officer shall adopt rules to establish additional criteria to designate mid-size businesses for the purposes of the mid-size business set-asides described in subsection (c), including the number of employees and annual sales and receipts of the business. When computing the size status of a potential contractor, annual sales and receipts of the potential contractor and all of its affiliates shall be included. The maximum number of employees and the maximum annual sales and receipts that a mid-size business may have under the rules adopted by the chief procurement officer may vary from industry to industry, to the extent necessary to reflect differing characteristics of those industries, subject to the limitation that no business shall qualify as a mid-size business if its annual sales and receipts exceed $45,000,000.

(c) The applicable chief procurement officer shall designate a fair proportion, as determined by the applicable chief procurement officer in consultation with the Illinois State Toll Highway Authority, of construction, construction-related, and construction support contracts as mid-size business set-asides for award to mid-size businesses in Illinois. Advertisements for bids or offers for these contracts shall specify designation as mid-size business set-asides. In awarding the contracts, only bids or offers from qualified mid-size businesses shall be considered. The Illinois State Toll Highway Authority shall prepare an annual report setting forth the use of this Section during the preceding fiscal year and shall provide that report to the applicable chief procurement officer no later than March 1 of each calendar year. This Section is repealed 5 years after the effective date of this Section.".