Bill Text: IL SB1780 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-03-10 - Rule 3-9(a) / Re-referred to Assignments [SB1780 Detail]

Download: Illinois-2023-SB1780-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1780 Introduced 2/9/2023, by Sen. Paul Faraci SYNOPSIS AS INTRODUCED:
30 ILCS 517/5
30 ILCS 517/10
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.
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STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
A BILL FOR
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AN ACT concerning finance.
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 and 10 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, in the case of assembled
articles, materials, or supplies, having been designed,
finally assembled, processed, packaged, tested, or otherwise
processed in Illinois in a manner that adds value, quality, or
reliability.
"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

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available off-the-shelf item.
"Procured products" means assembled articles, materials,
or supplies purchased by a State agency.
"Purchasing agency" has the meaning ascribed to that term
in Section 1-15.70 of the Illinois Procurement Code.
"State agency" has the meaning ascribed to that term in
Section 1-15.100 of the Illinois Procurement Code.
"United States" means the United States and any place
subject to the jurisdiction of the United States.
(Source: P.A. 102-721, eff. 1-1-23.)
(30 ILCS 517/10)
Sec. 10. Domestic 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 the United States. 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 of the
United States by 12% or more. To be eligible for an

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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 of the
United States.
(4) The purchase of the procured products manufactured
outside of 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.
(7) The purchase is an emergency purchase authorized
under Section 20-30 of the Illinois Procurement Code.
(8) The purchase is a sole source or sole economically

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feasible source purchase authorized under Section 20-25 of
the Illinois Procurement Code.
(b) If there is a tie between 2 bidders or offerors who
have certified that they will provide products manufactured in
the United States, the bidder or offeror that certifies it
will provide products manufactured in Illinois shall be given
preference.
(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. 102-721, eff. 1-1-23.)
Section 99. Effective date. This Act takes effect upon
becoming law.