Bill Text: IL HB0138 | 2017-2018 | 100th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Governor Transition Act. Makes a technical change in a Section concerning the orderly transition of the office of Governor.

Spectrum: Moderate Partisan Bill (Democrat 48-12)

Status: (Passed) 2018-06-08 - Added as Alternate Co-Sponsor Sen. Thomas Cullerton [HB0138 Detail]

Download: Illinois-2017-HB0138-Engrossed.html

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HB0138 Engrossed LRB100 03805 RJF 13810 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Procurement of Domestic Products Act is
amended by changing Sections 5, 10, and 25 as follows:
(30 ILCS 517/5)
Sec. 5. Definitions. As used in this Act:
"Component" and "cost of components" have the meanings
given to those terms in the federal Buy American Act of 1933.
"Manufactured in Illinois" means: (1) in the case of
products that are not assembled articles, materials, or
supplies, that the product is mined or produced in Illinois;
(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 Illinois and the cost of components produced in
Illinois exceeds 50% of the cost of all of the components; or
(3) that the product is a commercially available off-the-shelf
item.
"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

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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.
"Procured products" means assembled articles, materials,
or supplies purchased by a State agency.
"Purchasing agency" means a State agency.
"State agency" means each agency, department, authority,
board, or 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.
(Source: P.A. 98-463, eff. 8-16-13.)
(30 ILCS 517/10)
Sec. 10. Domestic United States products.
(a) Each purchasing agency making purchases of procured
products shall promote the purchase of and give preference to
manufactured articles, materials, and supplies that have been
manufactured in Illinois the United States. Procured products
manufactured in Illinois the United States shall be specified
and purchased unless the purchasing agency determines that any
of the following applies:

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(1) The procured products are not manufactured in
Illinois the United States in reasonably available
quantities.
(2) The price of the procured products manufactured in
Illinois the United States exceeds by an unreasonable
amount the price of available and comparable procured
products manufactured outside of Illinois the United
States by 12% or more. To be eligible for an exemption
under this paragraph (2), the purchasing agency must first
obtain a written waiver from the chief procurement officer.
(3) The quality of the procured products manufactured
in Illinois the United States is substantially less than
the quality of the comparably priced, available, and
comparable procured products manufactured outside of
Illinois the United States.
(4) The purchase of the procured products manufactured
outside of Illinois the United States better serves the
public interest by helping to protect or save life,
property, or the environment.
(5) The purchase of the procured products is made in
conjunction with contracts or offerings of
telecommunications, fire suppression, security systems,
communications services, Internet services, or information
services.
(6) The purchase is of pharmaceutical products, drugs,
biologics, vaccines, medical devices used to provide

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medical and health care or treat disease or used in medical
or research diagnostic tests, and medical nutritionals
regulated by the Food and Drug Administration under the
federal Food, Drug and Cosmetic Act.
(b) If the purchasing agency determines that any of
paragraphs (1) through (4) of subsection (a) applies to a
procured product, then, with respect to that procurement, the
purchasing agency shall give preference to manufactured
articles, materials, and supplies that have been manufactured
in the United States. In that case, procured products
manufactured in the United States shall be specified and
purchased unless the purchasing agency determines that any of
the following applies:
(1) The procured products are not manufactured in the
United States in reasonably available quantities.
(2) 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. To be eligible for an
exemption under this paragraph (2), the purchasing agency
must first obtain a written waiver from the chief
procurement officer.
(3) The quality of the procured products manufactured
in the United States is substantially less than the quality
of the comparably priced, available, and comparable
procured products manufactured outside the United States.

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(4) The purchase of the procured products manufactured
outside the United States better serves the public interest
by helping to protect or save life, property, or the
environment.
(5) The purchase of the procured products is made in
conjunction with contracts or offerings of
telecommunications, fire suppression, security systems,
communications services, Internet services, or information
services.
(6) The purchase is of pharmaceutical products, drugs,
biologics, vaccines, medical devices used to provide
medical and health care or treat disease or used in medical
or research diagnostic tests, and medical nutritionals
regulated by the Food and Drug Administration under the
federal Food, Drug and Cosmetic Act.
(c) In determining the price of procured products for
purposes of this Section, consideration shall be given to the
life-cycle cost, including maintenance and repair of those
procured products.
(Source: P.A. 93-954, eff. 1-1-05; 94-540, eff. 1-1-06.)
(30 ILCS 517/25)
Sec. 25. Penalties. If a contractor is awarded a contract
through the use of a preference under this Act and knowingly
supplies procured products under that contract that are not
manufactured in Illinois or the United States, as applicable,

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then (i) the contractor is barred from obtaining any State
contract for a period of 5 years after the violation is
discovered by the purchasing agency, (ii) the purchasing agency
may void the contract, and (iii) the purchasing agency may
recover damages in a civil action in an amount 3 times the
value of the preference.
(Source: P.A. 93-954, eff. 1-1-05; 94-540, eff. 1-1-06.)
Section 99. Effective date. This Act takes effect upon
becoming law.