Bill Text: IL HB0356 | 2019-2020 | 101st General Assembly | Engrossed


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 10-0)

Status: (Engrossed) 2019-04-24 - Referred to Assignments [HB0356 Detail]

Download: Illinois-2019-HB0356-Engrossed.html



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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 and 10 as follows:
6 (30 ILCS 517/5)
7 Sec. 5. Definitions. As used in this Act:
8 "Commercially available off-the-shelf item" has the same
9meaning ascribed to that term under Section 104 of Title 41 of
10the United States Code.
11 "Component" and "cost of components" have the meanings
12given to those terms in the federal Buy American Act of 1933.
13 "Manufactured in the United States" means: (1) in the case
14of products that are not assembled articles, materials, or
15supplies, that the product is mined or produced in the United
16States; (2) , in the case of assembled articles, materials, or
17supplies, that design, final assembly, processing, packaging,
18testing, or other process that adds value, quality, or
19reliability occurs in the United States and the cost of
20domestic components exceeds 50% of the cost of all of the
21components; or (3) that the product is a commercially available
22off-the-shelf item.
23 "Procured products" means assembled articles, materials,

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1or supplies purchased by a State agency.
2 "Purchasing agency" means a State agency.
3 "State agency" means each agency, department, authority,
4board, or commission of the executive branch of State
5government, including each university, whether created by
6statute or by executive order of the Governor.
7 "United States" means the United States and any place
8subject to the jurisdiction of the United States.
9(Source: P.A. 98-463, eff. 8-16-13.)
10 (30 ILCS 517/10)
11 Sec. 10. United States products. Each purchasing agency
12making purchases of procured products shall promote the
13purchase of and give preference to manufactured articles,
14materials, and supplies that have been manufactured in the
15United States. Procured products manufactured in the United
16States shall be specified and purchased unless the purchasing
17agency determines that any of the following applies:
18 (1) The procured products are not manufactured in the
19 United States in reasonably available quantities.
20 (2) The price of the procured products manufactured in
21 the United States exceeds by an unreasonable amount the
22 price of available and comparable procured products
23 manufactured outside the United States by 12% or more. To
24 be eligible for an exemption under this paragraph (2), the
25 purchasing agency must first obtain a written waiver from

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1 the chief procurement officer.
2 (3) The quality of the procured products manufactured
3 in the United States is substantially less than the quality
4 of the comparably priced, available, and comparable
5 procured products manufactured outside the United States.
6 (4) The purchase of the procured products manufactured
7 outside the United States better serves the public interest
8 by helping to protect or save life, property, or the
9 environment.
10 (5) The purchase of the procured products is made in
11 conjunction with contracts or offerings of
12 telecommunications, fire suppression, security systems,
13 communications services, Internet services, or information
14 services.
15 (6) The purchase is of pharmaceutical products, drugs,
16 biologics, vaccines, medical devices used to provide
17 medical and health care or treat disease or used in medical
18 or research diagnostic tests, and medical nutritionals
19 regulated by the Food and Drug Administration under the
20 federal Food, Drug and Cosmetic Act.
21 In determining the price of procured products for purposes
22of this Section, consideration shall be given to the life-cycle
23cost, including maintenance and repair of those procured
24products.
25(Source: P.A. 93-954, eff. 1-1-05; 94-540, eff. 1-1-06.)
26 Section 99. Effective date. This Act takes effect upon

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1becoming law.
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