Full Text of SB1723 94th General Assembly
SB1723enr 94TH GENERAL ASSEMBLY
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| AN ACT concerning finance.
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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 Procurement of Domestic Products Act is | 5 |
| amended by changing Sections 5, 10, 15, 25, and 30 as follows: | 6 |
| (30 ILCS 517/5)
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| Sec. 5. Definitions. As used in this Act: | 8 |
| "Manufactured in the United States" means, in the case of | 9 |
| assembled articles, materials, or supplies, that design, final | 10 |
| assembly , processing, packaging, testing, or other process | 11 |
| that adds value, quality, or reliability occurs in the United | 12 |
| States. | 13 |
| "Procured products" means assembled articles, materials, | 14 |
| or supplies purchased by a State agency.
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| "Purchasing agency" means a State agency. | 16 |
| "State agency" means each agency, department authority, | 17 |
| board, commission of the executive branch of State government, | 18 |
| including each university, whether created by statute or by | 19 |
| executive order of the Governor.
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| "United States" means the United States and any place | 21 |
| subject to the jurisdiction of the United States.
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| (Source: P.A. 93-954, eff. 1-1-05.) | 23 |
| (30 ILCS 517/10)
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| Sec. 10. United States products. Each purchasing agency | 25 |
| making purchases of procured products
manufactured articles, | 26 |
| materials, and supplies shall promote the purchase of and give | 27 |
| preference to manufactured articles, materials, and supplies | 28 |
| that have been manufactured in the United States. Procured | 29 |
| products
Manufactured articles, materials, and supplies | 30 |
| manufactured in the United States shall be specified and | 31 |
| purchased unless the purchasing agency determines that any of |
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| the following applies: | 2 |
| (1) The procured products
manufactured articles, | 3 |
| materials, and supplies are not manufactured in the United | 4 |
| States in reasonably available quantities. | 5 |
| (2) The price of the procured products
manufactured | 6 |
| articles, materials, and supplies manufactured in the | 7 |
| United States exceeds by an unreasonable amount the price | 8 |
| of available and comparable procured products
manufactured | 9 |
| articles, materials, and supplies manufactured outside the | 10 |
| United States. | 11 |
| (3) The quality of the procured products
manufactured | 12 |
| articles, materials, and supplies manufactured in the | 13 |
| United States is substantially less than the quality of the | 14 |
| comparably priced, available, and comparable procured | 15 |
| products
manufactured articles, materials, and supplies | 16 |
| manufactured outside the United States. | 17 |
| (4) The purchase of the procured products
manufactured | 18 |
| articles, materials, and supplies manufactured outside
in | 19 |
| the United States better serves
is not in the public | 20 |
| interest by helping to protect or save life, property, or | 21 |
| the environment . | 22 |
| (5) The purchase of the procured products
manufactured | 23 |
| articles, materials, or supplies is made in conjunction | 24 |
| with contracts or offerings of telecommunications , fire | 25 |
| suppression, security systems, communications services ,
or | 26 |
| Internet services, or information services. | 27 |
| (6) The purchase is of pharmaceutical products, drugs, | 28 |
| biologics, vaccines, medical devices used to provide | 29 |
| medical and health care or treat disease or used in medical | 30 |
| or research diagnostic tests, and medical nutritionals | 31 |
| regulated by the Food and Drug Administration under the | 32 |
| federal Food, Drug and Cosmetic Act. | 33 |
| In determining the price of procured products
manufactured | 34 |
| articles, materials, and supplies for purposes of this Section, | 35 |
| consideration shall be given to the life-cycle cost , including | 36 |
| maintenance and repair of those procured products
manufactured |
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| articles, materials, and supplies .
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| (Source: P.A. 93-954, eff. 1-1-05.) | 3 |
| (30 ILCS 517/15)
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| Sec. 15. Contracts; prequalification. | 5 |
| (a) Each contract awarded by a purchasing agency on or | 6 |
| after the effective date of this Act through the use of the | 7 |
| preference required under Section 10 shall contain the | 8 |
| contractor's certification that procured products
manufactured | 9 |
| articles, materials, and supplies provided pursuant to the | 10 |
| contract or a subcontract shall be manufactured in the United | 11 |
| States.
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| (b) Chief procurement officers, as provided in Section | 13 |
| 20-45 of the Illinois Procurement Code, and the Capital | 14 |
| Development Board, as provided in Section 30-20 of the Illinois | 15 |
| Procurement Code, must promulgate rules for prequalification | 16 |
| of suppliers and contractors under this Section.
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| (Source: P.A. 93-954, eff. 1-1-05.) | 18 |
| (30 ILCS 517/25)
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| Sec. 25. Penalties. If a contractor is awarded a contract | 20 |
| through the use of a preference under this Act and knowingly | 21 |
| supplies
procured products
manufactured articles, materials, | 22 |
| or supplies under that contract that are not manufactured in | 23 |
| the United States, then (i) the contractor
is barred from | 24 |
| obtaining any State contract for a period of 5 years after the | 25 |
| violation is discovered by the purchasing agency, (ii) the | 26 |
| purchasing agency may void the contract, and (iii) the | 27 |
| purchasing agency may recover damages in a civil action in an | 28 |
| amount 3 times the value of the preference.
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| (Source: P.A. 93-954, eff. 1-1-05.) | 30 |
| (30 ILCS 517/30)
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| Sec. 30. Capital Development Board; exemption. The Capital | 32 |
| Development Board (CDB) is exempt from the requirements of this | 33 |
| Act with respect to a specific project if (i) CDB determines |
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| that the project is too complex for the 5 major construction | 2 |
| building trades to identify the numerous individual procured | 3 |
| products
articles, materials, and supplies required for the | 4 |
| project or (ii) CDB determines that procured products
the | 5 |
| articles, materials, and supplies required for the project are | 6 |
| too numerous or complex to be able to efficiently assess the | 7 |
| sites where manufactured.
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| (Source: P.A. 93-954, eff. 1-1-05.)
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