HB 3820

Abstract

Amends the Procurement of Domestic Products Act. Provides that the term "manufactured in the United States" means: (1) in the case of products that are not assembled articles, materials, or supplies, that the product is mined or produced in the United States; (2) in the case of assembled articles, materials, or supplies, that design, final assembly, processing, packaging, testing, or other process that adds value, quality, or reliability occurs in the United States and the cost of domestic components exceeds 50% of the cost of all of the components; or (3) that the product is a commercially available off-the-shelf item (currently, "that design, final assembly, processing, packaging, testing, or other process that adds value, quality, or reliability occurs in the United States"). Provides for an exception to the Act if the price of the procured products manufactured in the United States exceeds the price of available and comparable procured products manufactured outside the United States by 12% or more (currently, if the price of the procured products manufactured in the United States exceeds the price of available and comparable procured products manufactured outside the United States by an unreasonable amount). Effective immediately. House Committee Amendment No. 2 Adds reference to: 30 ILCS 500/45-105 new 30 ILCS 517/3 new 30 ILCS 517/25 30 ILCS 517/35 new Replaces everything after the enacting clause. Amends the Illinois Procurement Code. Requires construction agencies procuring construction and construction-related professional services to make reasonable efforts to contract with Illinois businesses. Requires each construction agency to submit a report to the Governor and the General Assembly by September 1 of each year concerning Illinois businesses procured for construction projects by the construction agency. Provides that in procuring construction and construction-related professional services for projects with a total construction cost valued at greater than $100,000, construction agencies shall provide bid preference to a responsible bidder that is an Illinois business. Provides that the construction agency shall allocate to any responsible bidder that is an Illinois business a bid preference of 4% of the contract base bid. Provides that the preference provisions do not apply to any contract for any project for which federal funds are available for expenditure when the provisions may be in conflict with federal law or federal regulation. Modifies the provisions of the introduced bill amending the Procurement of Domestic Products Act. Provides further requirements concerning the procurement of and preference for domestic products (rather than United States products). Provides a penalty for a contractor who is awarded a contract through the use of a preference for Illinois products but knowingly supplies procured products under that contract that are not manufactured in Illinois. Provides for compliance reports concerning requirements for the use of domestic products. Provides policy provisions. Defines terms. Effective immediately. House Floor Amendment No. 3 Adds reference to: 30 ILCS 500/45-105 new 30 ILCS 517/3 new 30 ILCS 517/25 30 ILCS 517/35 new Replaces everything after the enacting clause. Reinserts the provisions of House Amendment No. 2 with changes. Modifies provisions of the Procurement of Domestic Products Act. Provides that it is the public policy of the State of Illinois for each purchasing agency to use the terms and conditions of State financial assistance awards and State procurements to maximize the use of goods, products, and materials (rather than goods, products, materials, and services) produced in Illinois. Provides that compliance reports submitted under the Act shall, among other items, include the purchasing agency's analysis of goods, products, and materials (rather than goods, products, materials, and services) not subject to the Act. Makes other changes. Effective immediately.