HB7298 93RD GENERAL ASSEMBLY

LRB093 22048 JAM 50471 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB7298

Introduced 05/04/04, by Rep. William B. Black

SYNOPSIS AS INTRODUCED:

30 ILCS 500/45-10

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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning procurement.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Procurement Code is amended by changing Section 45-10 as follows:

(30 ILCS 500/45-10)

Sec. 45-10. Resident bidders.

(a) Amount of preference. When a contract is to be awarded to the lowest responsible bidder, a resident bidder shall be allowed a preference as against a non-resident bidder from any state that gives or requires a preference to bidders from that state. The preference shall be equal to the preference given or required by the state of the non-resident bidder. In addition, the purchasing agency may take into consideration the resident status of a bidder when evaluating a bid when the purchasing agency is acting as a market participant and not as a market regulator under the Commerce Clause of the United States Constitution. Further, if only non-resident bidders are bidding, the purchasing agency is within its right to specify that Illinois labor and manufacturing locations be used as a part of the manufacturing process, if applicable. This specification may be negotiated as part of the solicitation process.

(b) Residency. A resident bidder is a person authorized to transact business in this State and having a bona fide establishment for transacting business within this State where it was actually transacting business on the date when any bid for a public contract is first advertised or announced. A resident bidder includes a foreign corporation duly authorized to transact business in this State that has a bona fide establishment for transacting business within this State where it was actually transacting business on the date when any bid for a public contract is first advertised or announced.

(c) Federal funds. This Section does not apply to any contract for any project as to which federal funds are available for expenditure when its provisions may be in conflict with federal law or federal regulation.

(Source: P.A. 90-572, eff. date - See Sec. 99-5.)

Section 99. Effective date. This Act takes effect upon becoming law.