Illinois General Assembly - Full Text of HB3699
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Full Text of HB3699  102nd General Assembly




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1    AN ACT concerning finance.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Procurement of Domestic Products Act is
5amended by changing Sections 5, 10, and 25 and by adding
6Sections 3 and 35 as follows:
7    (30 ILCS 517/3 new)
8    Sec. 3. Policy. It is the policy of Illinois that the State
9government should, consistent with applicable law, use terms
10and conditions of State financial assistance awards and State
11procurements to maximize the use of goods, products, and
12materials produced in, and services offered in, Illinois.
13    (30 ILCS 517/5)
14    Sec. 5. Definitions. As used in this Act:
15    "Manufactured in Illinois" means, in the case of assembled
16articles, materials, or supplies, that design, final assembly,
17processing, packaging, testing, or other process that adds
18value, quality, or reliability occurs in Illinois.
19    "Manufactured in the United States" means, in the case of
20assembled articles, materials, or supplies, that design, final
21assembly, processing, packaging, testing, or other process
22that adds value, quality, or reliability occurs in the United



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2    "Procured products" means assembled articles, materials,
3or supplies purchased by a State agency.
4    "Purchasing agency" has the same meaning as provided under
5Section 1-15.70 of the Illinois Procurement Code means a State
7    "State agency" has the same meaning as provided under
8Section 1-15.100 of the Illinois Procurement Code means each
9agency, department, authority, board, or commission of the
10executive branch of State government, including each
11university, whether created by statute or by executive order
12of the Governor.
13    "United States" means the United States and any place
14subject to the jurisdiction of the United States.
15(Source: P.A. 98-463, eff. 8-16-13.)
16    (30 ILCS 517/10)
17    Sec. 10. Domestic United States products.
18    (a) Each purchasing agency making purchases of procured
19products shall promote the purchase of and give preference to
20manufactured articles, materials, and supplies that have been
21manufactured in the United States. Procured products
22manufactured in the United States shall be specified and
23purchased unless the purchasing agency determines that any of
24the following applies:
25        (1) The procured products are not manufactured in the



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1    United States in reasonably available quantities.
2        (2) The price of the procured products manufactured in
3    the United States exceeds by an unreasonable amount the
4    price of available and comparable procured products
5    manufactured outside of the United States by 12% or more.
6        (3) The quality of the procured products manufactured
7    in the United States is substantially less than the
8    quality of the comparably priced, available, and
9    comparable procured products manufactured outside of the
10    United States.
11        (4) The purchase of the procured products manufactured
12    outside of the United States better serves the public
13    interest by helping to protect or save life, property, or
14    the environment.
15        (5) The purchase of the procured products is made in
16    conjunction with contracts or offerings of
17    telecommunications, fire suppression, security systems,
18    communications services, Internet services, or information
19    services.
20        (6) The purchase is of pharmaceutical products, drugs,
21    biologics, vaccines, medical devices used to provide
22    medical and health care or treat disease or used in
23    medical or research diagnostic tests, and medical
24    nutritionals regulated by the Food and Drug Administration
25    under the federal Food, Drug and Cosmetic Act.
26        (7) The purchase is an emergency purchase authorized



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1    under Section 20-30 of the Illinois Procurement Code.
2        (8) The purchase is a sole source or sole economically
3    feasible source purchase authorized under Section 20-25 of
4    the Illinois Procurement Code.
5    (b) If there is a tie between 2 bidders or offerors who
6have certified that they will provide products manufactured in
7the United States, the bidder or offeror that certifies it
8will provide products manufactured in Illinois shall be given
10    (c) In determining the price of procured products for
11purposes of this Section, consideration shall be given to the
12life-cycle cost, including maintenance and repair of those
13procured products.
14(Source: P.A. 93-954, eff. 1-1-05; 94-540, eff. 1-1-06.)
15    (30 ILCS 517/25)
16    Sec. 25. Penalties. If a contractor is awarded a contract
17through the use of a preference under this Act and knowingly
18supplies procured products under that contract that are not
19manufactured in Illinois or the United States, as applicable,
20then (i) the contractor is barred from obtaining any State
21contract for a period of 5 years after the violation is
22discovered by the purchasing agency, (ii) the purchasing
23agency may void the contract, and (iii) the purchasing agency
24may recover damages in a civil action in an amount 3 times the
25value of the preference.



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1(Source: P.A. 93-954, eff. 1-1-05; 94-540, eff. 1-1-06.)
2    (30 ILCS 517/35 new)
3    Sec. 35. Compliance reports. Beginning within 180 days
4after the effective date of this amendatory Act of the 102nd
5General Assembly, and annually thereafter, each purchasing
6agency shall submit to the chief procurement officer a report
7on: (i) the purchasing agency's compliance with the Act,
8including details on any incidents of noncompliance; (ii) the
9purchasing agency's analysis of goods, products, materials,
10and services not subject to the Act, including details of any
11procured products purchased under an exception listed in
12subsection (a) of Section 10; and (iii) any recommendations
13for how to further effectuate the policy set forth in this Act.
14    Section 99. Effective date. This Act takes effect upon
15becoming law.