101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1835
 
Introduced 2/15/2019, by Sen. Rachelle Crowe
 
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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A BILL FOR
 


SB1835LRB101 10388 HLH 55494 b



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 "Component" and "cost of components" have the meanings 
9given to those terms in the federal Buy American Act of 1933. 
10 "Manufactured in the United States" means: (1) in the case 
11of products that are not assembled articles, materials, or 
12supplies, that the product is mined or produced in the United 
13States; (2) , in the case of assembled articles, materials, or 
14supplies, that design, final assembly, processing, packaging, 
15testing, or other process that adds value, quality, or 
16reliability occurs in the United States and the cost of 
17domestic components exceeds 50% of the cost of all of the 
18components; or (3) that the product is a commercially available 
19off-the-shelf item.
20 "Procured products" means assembled articles, materials, 
21or supplies purchased by a State agency.

22 "Purchasing agency" means a State agency.
23 "State agency" means each agency, department, authority, 
 
 
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1board, or commission of the executive branch of State 
2government, including each university, whether created by 
3statute or by executive order of the Governor.

4 "United States" means the United States and any place 
5subject to the jurisdiction of the United States.


6(Source: P.A. 98-463, eff. 8-16-13.)

7 (30 ILCS 517/10)

8 Sec. 10. United States products. Each purchasing agency 
9making purchases of procured products shall promote the 
10purchase of and give preference to manufactured articles, 
11materials, and supplies that have been manufactured in the 
12United States. Procured products manufactured in the United 
13States shall be specified and purchased unless the purchasing 
14agency determines that any of the following applies:
15  (1) The procured products are not manufactured in the 
16 United States in reasonably available quantities.
17  (2) The price of the procured products manufactured in 
18 the United States exceeds by an unreasonable amount the 
19 price of available and comparable procured products 
20 manufactured outside the United States by 12% or more. To 
21 be eligible for an exemption under this paragraph (2), the 
22 purchasing agency must first obtain a written waiver from 
23 the chief procurement officer.
24  (3) The quality of the procured products manufactured 
25 in the United States is substantially less than the quality 
 
 
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1 of the comparably priced, available, and comparable 
2 procured products manufactured outside the United States.
3  (4) The purchase of the procured products manufactured 
4 outside the United States better serves the public interest 
5 by helping to protect or save life, property, or the 
6 environment.
7  (5) The purchase of the procured products is made in 
8 conjunction with contracts or offerings of 
9 telecommunications, fire suppression, security systems, 
10 communications services, Internet services, or information 
11 services.
12  (6) The purchase is of pharmaceutical products, drugs, 
13 biologics, vaccines, medical devices used to provide 
14 medical and health care or treat disease or used in medical 
15 or research diagnostic tests, and medical nutritionals 
16 regulated by the Food and Drug Administration under the 
17 federal Food, Drug and Cosmetic Act.
18 In determining the price of procured products for purposes 
19of this Section, consideration shall be given to the life-cycle 
20cost, including maintenance and repair of those procured 
21products.


22(Source: P.A. 93-954, eff. 1-1-05; 94-540, eff. 1-1-06.)


23 Section 99. Effective date. This Act takes effect upon 
24becoming law.