Illinois 2023-2024 Regular Session

Illinois House Bill HB3550 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3550 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: 30 ILCS 500/45-105 Amends the Illinois Procurement Code. Provides that, when procuring construction or construction-related projects with a total value over the small purchase maximum, the construction agency shall provide a bid preference to a responsive and responsible bidder that is an Illinois business (previously just responsible). Provides that the construction agency shall allocate to the lowest bid by an Illinois business that is responsible and responsive. Provides that this only applies to projects where a bid has been submitted by a business that is not an Illinois business. Defines "Illinois business". LRB103 31010 DTM 57625 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3550 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: 30 ILCS 500/45-105 30 ILCS 500/45-105 Amends the Illinois Procurement Code. Provides that, when procuring construction or construction-related projects with a total value over the small purchase maximum, the construction agency shall provide a bid preference to a responsive and responsible bidder that is an Illinois business (previously just responsible). Provides that the construction agency shall allocate to the lowest bid by an Illinois business that is responsible and responsive. Provides that this only applies to projects where a bid has been submitted by a business that is not an Illinois business. Defines "Illinois business". LRB103 31010 DTM 57625 b LRB103 31010 DTM 57625 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3550 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
3	3	30 ILCS 500/45-105 30 ILCS 500/45-105
4	4	30 ILCS 500/45-105
5	5	Amends the Illinois Procurement Code. Provides that, when procuring construction or construction-related projects with a total value over the small purchase maximum, the construction agency shall provide a bid preference to a responsive and responsible bidder that is an Illinois business (previously just responsible). Provides that the construction agency shall allocate to the lowest bid by an Illinois business that is responsible and responsive. Provides that this only applies to projects where a bid has been submitted by a business that is not an Illinois business. Defines "Illinois business".
6	6	LRB103 31010 DTM 57625 b LRB103 31010 DTM 57625 b
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8	8	A BILL FOR
9	9	HB3550LRB103 31010 DTM 57625 b HB3550 LRB103 31010 DTM 57625 b
10	10	HB3550 LRB103 31010 DTM 57625 b
11	11	1 AN ACT concerning finance.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Illinois Procurement Code is amended by
15	15	5 changing Section 45-105 as follows:
16	16	6 (30 ILCS 500/45-105)
17	17	7 Sec. 45-105. Bid preference for Illinois businesses.
18	18	8 (a) (Blank). For the purposes of this Section:
19	19	9 "Illinois business" means a contractor that: (i) is
20	20	10 headquartered in Illinois and providing, at the time that an
21	21	11 invitation for a bid or notice of contract opportunity is
22	22	12 first advertised, construction or construction-related
23	23	13 professional services for Illinois-based projects; (ii)
24	24	14 conducts meaningful day-to-day business operations at a
25	25	15 facility in Illinois that is the place of employment for the
26	26	16 majority of its regular, full-time workforce; (iii) holds all
27	27	17 appropriate State licenses; and (iv) is subject to applicable
28	28	18 State taxes. "Illinois business" does not include any
29	29	19 subcontractors.
30	30	20 "Illinois-based project" means an individual project of
31	31	21 construction and other construction-related services for a
32	32	22 construction agency that will result in the conduct of
33	33	23 business within the State or the employment of individuals
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3550 Introduced , by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED:
38	38	30 ILCS 500/45-105 30 ILCS 500/45-105
39	39	30 ILCS 500/45-105
40	40	Amends the Illinois Procurement Code. Provides that, when procuring construction or construction-related projects with a total value over the small purchase maximum, the construction agency shall provide a bid preference to a responsive and responsible bidder that is an Illinois business (previously just responsible). Provides that the construction agency shall allocate to the lowest bid by an Illinois business that is responsible and responsive. Provides that this only applies to projects where a bid has been submitted by a business that is not an Illinois business. Defines "Illinois business".
41	41	LRB103 31010 DTM 57625 b LRB103 31010 DTM 57625 b
42	42	LRB103 31010 DTM 57625 b
43	43	A BILL FOR
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49	49	30 ILCS 500/45-105
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68	68	1 within the State.
69	69	2 (b) It is hereby declared to be the public policy of the
70	70	3 State of Illinois to promote the economy of Illinois through
71	71	4 the use of Illinois businesses for all State construction
72	72	5 contracts.
73	73	6 (c) Construction agencies procuring construction and
74	74	7 construction-related professional services shall make
75	75	8 reasonable efforts to contract with Illinois businesses.
76	76	9 (d) Beginning in 2022, each construction agency shall
77	77	10 submit a report to the Governor and the General Assembly by
78	78	11 September 1 of each year that identifies the Illinois
79	79	12 businesses procured by the construction agency, the primary
80	80	13 location of the construction project, the percentage of the
81	81	14 construction agency's utilization of Illinois businesses on
82	82	15 the project as a whole, and the actions that the construction
83	83	16 agency has undertaken to increase the use of Illinois
84	84	17 businesses.
85	85	18 (e) In procuring construction and construction-related
86	86	19 professional services for projects with a total value that
87	87	20 exceeds the small purchase maximum established by Section
88	88	21 20-20 of this Code with a total construction cost of more than
89	89	22 $100,000, construction agencies shall provide a bid preference
90	90	23 to a responsive and responsible bidder that is an Illinois
91	91	24 business as defined in this Section. The construction agency
92	92	25 shall allocate to the lowest bid by an Illinois business that
93	93	26 is responsible and responsive any responsible bidder that is
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104	104	1 an Illinois business a bid preference of 4% of the contract
105	105	2 base bid. This subsection applies only to projects where a
106	106	3 business that is not an Illinois business submits a bid.
107	107	4 (f) This Section does not apply to any contract for any
108	108	5 project for which federal funds are available for expenditure
109	109	6 when its provisions may be in conflict with federal law or
110	110	7 federal regulation.
111	111	8 (g) As used in this Section, "Illinois business" means a
112	112	9 contractor that is operating and headquartered in Illinois and
113	113	10 providing, at the time that an invitation for a bid or notice
114	114	11 of contract opportunity is first advertised, construction or
115	115	12 construction-related professional services, and is operating
116	116	13 as:
117	117	14 (1) a sole proprietor whose primary residence is in
118	118	15 Illinois;
119	119	16 (2) a business incorporated or organized as a domestic
120	120	17 corporation under the Business Corporation Act of 1983;
121	121	18 (3) a business organized as a domestic partnership
122	122	19 under the Uniform Partnership Act of 1997;
123	123	20 (4) a business organized as a domestic limited
124	124	21 partnership under the Uniform Limited Partnership Act of
125	125	22 2001;
126	126	23 (5) a business organized under the Limited Liability
127	127	24 Company Act; or
128	128	25 (6) a business organized under the Professional
129	129	26 Limited Liability Company Act.
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140	140	1 "Illinois business" does not include any subcontractors.
141	141	2 (Source: P.A. 102-721, eff. 1-1-23.)
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147	147	HB3550 - 4 - LRB103 31010 DTM 57625 b