Full Text of HB4772 103rd General Assembly
HB4772 103RD GENERAL ASSEMBLY | | | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB4772 Introduced 2/6/2024, by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: | | | Amends the Illinois Procurement Code. Requires that each construction agency shall submit a report to the Governor and the General Assembly by December 1 (rather than September 1) of each year that identifies the Illinois businesses procured by the construction agency, the primary location of the construction project, the percentage of the construction agency's utilization of Illinois businesses on the project as a whole, and the actions that the construction agency has undertaken to increase the use of Illinois businesses. Provides that, in procuring construction, construction-related services, construction-related professional services, and construction support services (rather than construction and construction-related professional services) for projects with a total value that exceeds the small purchase maximum established by the Code, construction agencies shall provide a bid preference to a responsive and responsible bidder that is an Illinois business. Makes other changes. |
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| | A BILL FOR |
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| 1 | | AN ACT concerning finance. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The Illinois Procurement Code is amended by | 5 | | changing Section 45-105 as follows: | 6 | | (30 ILCS 500/45-105) | 7 | | Sec. 45-105. Bid preference for Illinois businesses. | 8 | | (a) (Blank). | 9 | | (b) It is hereby declared to be the public policy of the | 10 | | State of Illinois to promote the economy of Illinois through | 11 | | the use of Illinois businesses for all State construction | 12 | | contracts. | 13 | | (c) A construction agency, as defined in Section 1-15.25, | 14 | | Construction agencies procuring construction and | 15 | | construction-related professional services shall make | 16 | | reasonable efforts to contract with Illinois businesses. | 17 | | (d) Each Beginning in 2022, each construction agency shall | 18 | | submit a report to the Governor and the General Assembly by | 19 | | December September 1 of each year that identifies the Illinois | 20 | | businesses procured by the construction agency, the primary | 21 | | location of the construction project, the percentage of the | 22 | | construction agency's utilization of Illinois businesses on | 23 | | the project as a whole, and the actions that the construction |
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| 1 | | agency has undertaken to increase the use of Illinois | 2 | | businesses. | 3 | | (e) In procuring construction , and construction-related | 4 | | services, construction-related professional services , and | 5 | | construction support services for projects with a total value | 6 | | that exceeds the small purchase maximum established by Section | 7 | | 20-20 of this Code, construction agencies shall provide a bid | 8 | | preference to a responsive and responsible bidder that is an | 9 | | Illinois business as defined in this Section. The construction | 10 | | agency shall allocate to the lowest bid by an Illinois | 11 | | business that is responsible and responsive a bid preference | 12 | | of 4% of the contract base bid. This subsection applies only to | 13 | | projects where a business that is not an Illinois business | 14 | | submits a bid. | 15 | | (f) This Section does not apply to any contract for any | 16 | | project for which federal funds are available for expenditure | 17 | | when its provisions may be in conflict with federal law or | 18 | | federal regulation. | 19 | | (g) As used in this Section, "Illinois business" means a | 20 | | contractor that is operating and headquartered in Illinois and | 21 | | providing, at the time that an invitation for a bid or notice | 22 | | of contract opportunity is first advertised, construction or | 23 | | construction-related professional services, and is operating | 24 | | as: | 25 | | (1) a sole proprietor whose primary residence is in | 26 | | Illinois; |
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| 1 | | (2) a business incorporated or organized as a domestic | 2 | | corporation under the Business Corporation Act of 1983; | 3 | | (3) a business organized as a domestic partnership | 4 | | under the Uniform Partnership Act of 1997; | 5 | | (4) a business organized as a domestic limited | 6 | | partnership under the Uniform Limited Partnership Act of | 7 | | 2001; | 8 | | (5) a business organized under the Limited Liability | 9 | | Company Act; or | 10 | | (6) a business organized under the Professional | 11 | | Limited Liability Company Act. | 12 | | "Illinois business" does not include any subcontractors. | 13 | | (Source: P.A. 102-721, eff. 1-1-23; 103-570, eff. 1-1-24.) |
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