HB6983ham001 93RD GENERAL ASSEMBLY

State Government Administration Committee

Filed: 03/04/04

09300HB6983ham001 LRB093 21258 JAM 48522 a

AMENDMENT TO HOUSE BILL 6983

AMENDMENT NO. ______. Amend House Bill 6983 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Procurement of Domestic Products Act.

Section 5. Definitions. As used in this Act:

"Purchasing agency" means a State agency.

"State agency" means each agency, department authority, board, commission of the executive branch of State government, including each university, whether created by statute or by executive order of the Governor.

"United States" means the United States and any place subject to the jurisdiction of the United States.

Section 10. United States products.

(a) Each purchasing agency making purchases of manufactured articles, materials, and supplies shall promote the purchase of and give preference to manufactured articles, materials, and supplies that have been produced in the United States. Manufactured articles, materials, and supplies manufactured in the United States shall be specified and purchased unless the purchasing agency determines that any of the following applies:

(1) The manufactured articles, materials, and supplies are not manufactured in the United States in reasonably available quantities.

(2) The price of the manufactured articles, materials, and supplies manufactured in the United States exceeds by an unreasonable amount the price of available and comparable manufactured articles, materials, and supplies manufactured outside the United States.

(3) The quality of the manufactured articles, materials, and supplies manufactured in the United States is substantially less than the quality of the comparably priced, available, and comparable manufactured articles, materials, and supplies manufactured outside the United States.

(4) The purchase of the manufactured articles, materials, and supplies manufactured in the United States is not in the public interest.

In determining the price of manufactured articles, materials, and supplies for purposes of this Section, consideration shall be given to the life-cycle cost of those manufactured articles, materials, and supplies.

(b) If an exception listed in paragraph (1), (2), (3), or (4) of subsection (a) applies and the manufactured article, material, or supply consists of assembled components, preference shall be given to the article, material, or supply that contains the highest percentage of components, based on the value of all components, that are manufactured in the United States.

Section 15. Source of content. Each bid to provide a purchasing agency with manufactured articles, materials, or supplies must identify the country in which each article, material, or supply was manufactured. If a manufactured article, material, or supply consists of assembled components, the source of each component must be identified.

Section 20. Contracts. Each contract awarded by a purchasing agency on or after the effective date of this Act through the use of the preference required under Section 10 shall contain the contractor's certification that manufactured articles, materials, and supplies provided pursuant to the contract or a subcontract shall be manufactured within the United States.

Section 25. Federal and State law.

(a) Nothing in this Act is intended to contravene any existing treaty, law, agreement, or regulation of the United States. Contracts entered into in accordance with any treaty, law, agreement, or regulation of the United States shall not be in violation of this Act to the extent of that accordance.

(b) The preference required by this Act is in addition to any other preference afforded by State law.

Section 90. The Illinois Procurement Code is amended by changing Section 45-65 as follows:

(30 ILCS 500/45-65)

Sec. 45-65. Additional preferences. This Code is subject to applicable provisions of:

(1) the Public Purchases in Other States Act;

(2) the Illinois Mined Coal Act;

(3) the Steel Products Procurement Act;

(4) the Veterans Preference Act; and

(5) the Business Enterprise for Minorities, Females, and Persons with Disabilities Act; and .

(6) The Procurement of Domestic Products Act.

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