Full Text of HB6983 93rd General Assembly
HB6983ham001 93RD GENERAL ASSEMBLY
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State Government Administration Committee
Filed: 03/04/04
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LRB093 21258 JAM 48522 a |
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| AMENDMENT TO HOUSE BILL 6983
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| AMENDMENT NO. ______. Amend House Bill 6983 by replacing | 3 |
| everything after the enacting clause with the following: | 4 |
| "Section 1. Short title. This Act may be cited as the | 5 |
| Procurement of Domestic Products Act. | 6 |
| Section 5. Definitions. As used in this Act: | 7 |
| "Purchasing agency" means a State agency. | 8 |
| "State agency" means each agency, department authority, | 9 |
| board, commission of the executive branch of State government, | 10 |
| including each university, whether created by statute or by | 11 |
| executive order of the Governor.
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| "United States" means the United States and any place | 13 |
| subject to the jurisdiction of the United States.
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| Section 10. United States products. | 15 |
| (a) Each purchasing agency making purchases of | 16 |
| manufactured articles, materials, and supplies shall promote | 17 |
| the purchase of and give preference to manufactured articles, | 18 |
| materials, and supplies that have been produced in the United | 19 |
| States. Manufactured articles, materials, and supplies | 20 |
| manufactured in the United States shall be specified and | 21 |
| purchased unless the purchasing agency determines that any of | 22 |
| the following applies: | 23 |
| (1) The manufactured articles, materials, and supplies |
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| are not manufactured in the United States in reasonably | 2 |
| available quantities. | 3 |
| (2) The price of the manufactured articles, materials, | 4 |
| and supplies manufactured in the United States exceeds by | 5 |
| an unreasonable amount the price of available and | 6 |
| comparable manufactured articles, materials, and supplies | 7 |
| manufactured outside the United States. | 8 |
| (3) The quality of the manufactured articles, | 9 |
| materials, and supplies manufactured in the United States | 10 |
| is substantially less than the quality of the comparably | 11 |
| priced, available, and comparable manufactured articles, | 12 |
| materials, and supplies manufactured outside the United | 13 |
| States. | 14 |
| (4) The purchase of the manufactured articles, | 15 |
| materials, and supplies manufactured in the United States | 16 |
| is not in the public interest. | 17 |
| In determining the price of manufactured articles, | 18 |
| materials, and supplies for purposes of this Section, | 19 |
| consideration shall be given to the life-cycle cost of those | 20 |
| manufactured articles, materials, and supplies.
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| (b) If an exception listed in paragraph (1), (2), (3), or | 22 |
| (4) of subsection (a) applies and the manufactured article, | 23 |
| material, or supply consists of assembled components, | 24 |
| preference shall be given to the article, material, or supply | 25 |
| that contains the highest percentage of components, based on | 26 |
| the value of all components, that are manufactured in the | 27 |
| United States.
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| Section 15. Source of content. Each bid to provide a | 29 |
| purchasing agency with manufactured articles, materials, or | 30 |
| supplies must identify the country in which each article, | 31 |
| material, or supply was manufactured. If a manufactured | 32 |
| article, material, or supply consists of assembled components, | 33 |
| the source of each component must be identified. |
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| Section 20. Contracts. Each contract awarded by a | 2 |
| purchasing agency on or after the effective date of this Act | 3 |
| through the use of the preference required under Section 10 | 4 |
| shall contain the contractor's certification that manufactured | 5 |
| articles, materials, and supplies provided pursuant to the | 6 |
| contract or a subcontract shall be manufactured within the | 7 |
| United States.
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| Section 25. Federal and State law.
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| (a) Nothing in this Act is intended to contravene any | 10 |
| existing treaty, law, agreement, or regulation of the United | 11 |
| States. Contracts entered into in accordance with any treaty, | 12 |
| law, agreement, or regulation of the United States shall not be | 13 |
| in violation of this Act to the extent of that accordance.
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| (b) The preference required by this Act is in addition to | 15 |
| any other preference afforded by State law. | 16 |
| Section 90. The Illinois Procurement Code is amended by | 17 |
| changing Section 45-65 as follows:
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| (30 ILCS 500/45-65)
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| Sec. 45-65. Additional preferences. This Code is subject
to | 20 |
| applicable provisions of:
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| (1) the Public Purchases in Other States Act;
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| (2) the Illinois Mined Coal Act;
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| (3) the Steel Products Procurement Act;
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| (4) the Veterans Preference Act; and
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| (5) the Business Enterprise for Minorities, Females, | 26 |
| and Persons with
Disabilities Act ; and . | 27 |
| (6) The Procurement of Domestic Products Act.
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| (Source: P.A. 90-572, eff. date - See Sec. 99-5.)".
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