Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1439 Compare Versions

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

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1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1439 Introduced 1/31/2025, by Sen. Emil Jones, III SYNOPSIS AS INTRODUCED: New Act Creates the Best Customer Price Act. Provides that a public institution of higher education or a State agency may require best customer pricing for any goods it procures. Provides that, if goods are to be purchased by the State from a supplier or reseller, the supplier or reseller shall attest that the price is the best customer price. Provides that the supplier or reseller shall include a provision in the letter of supply from the manufacturer that the supplier or reseller can secure the supply and quantity of goods to be purchased, and that the manufacturer has extended the same best customer pricing from the manufacturer to each of the suppliers or resellers registered with the State for the goods to be purchased. Provides that, if a public institution of higher education or a State agency requires best customer pricing for the goods but does not believe the price is competitive, the public institution of higher education or the State agency may decline to award the bid. Effective immediately. LRB104 08974 SPS 19029 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1439 Introduced 1/31/2025, by Sen. Emil Jones, III SYNOPSIS AS INTRODUCED: New Act New Act Creates the Best Customer Price Act. Provides that a public institution of higher education or a State agency may require best customer pricing for any goods it procures. Provides that, if goods are to be purchased by the State from a supplier or reseller, the supplier or reseller shall attest that the price is the best customer price. Provides that the supplier or reseller shall include a provision in the letter of supply from the manufacturer that the supplier or reseller can secure the supply and quantity of goods to be purchased, and that the manufacturer has extended the same best customer pricing from the manufacturer to each of the suppliers or resellers registered with the State for the goods to be purchased. Provides that, if a public institution of higher education or a State agency requires best customer pricing for the goods but does not believe the price is competitive, the public institution of higher education or the State agency may decline to award the bid. Effective immediately. LRB104 08974 SPS 19029 b LRB104 08974 SPS 19029 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1439 Introduced 1/31/2025, by Sen. Emil Jones, III SYNOPSIS AS INTRODUCED:
3	3	New Act New Act
4	4	New Act
5	5	Creates the Best Customer Price Act. Provides that a public institution of higher education or a State agency may require best customer pricing for any goods it procures. Provides that, if goods are to be purchased by the State from a supplier or reseller, the supplier or reseller shall attest that the price is the best customer price. Provides that the supplier or reseller shall include a provision in the letter of supply from the manufacturer that the supplier or reseller can secure the supply and quantity of goods to be purchased, and that the manufacturer has extended the same best customer pricing from the manufacturer to each of the suppliers or resellers registered with the State for the goods to be purchased. Provides that, if a public institution of higher education or a State agency requires best customer pricing for the goods but does not believe the price is competitive, the public institution of higher education or the State agency may decline to award the bid. Effective immediately.
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9	9	SB1439LRB104 08974 SPS 19029 b SB1439 LRB104 08974 SPS 19029 b
10	10	SB1439 LRB104 08974 SPS 19029 b
11	11	1 AN ACT concerning State government.
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 1. Short title. This Act may be cited as the Best
15	15	5 Customer Price Act.
16	16	6 Section 5. Findings. The General Assembly finds and
17	17	7 declares that:
18	18	8 (1) It has been the long-standing public policy of
19	19	9 this State to provide a level playing field in procurement
20	20	10 for small and mid-sized businesses. Despite this policy,
21	21	11 the portion of State funds spent on small and mid-sized
22	22	12 businesses, especially minority-owned, women-owned, and
23	23	13 veteran-owned businesses, is persistently far below where
24	24	14 the General Assembly believes it should be.
25	25	15 (2) This State has a choice in implementing pricing
26	26	16 policy for goods. Manufacturers sometimes give their best
27	27	17 price to the largest suppliers and largest resellers,
28	28	18 leaving small and mid-sized suppliers and small and
29	29	19 mid-sized resellers to pay a higher price. Allowing
30	30	20 manufacturers to force smaller suppliers for State
31	31	21 purchases to pay a higher price excludes small suppliers
32	32	22 from any low-bid State procurement.
33	33	23 (3) On average, minority-owned, women-owned, and
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1439 Introduced 1/31/2025, by Sen. Emil Jones, III SYNOPSIS AS INTRODUCED:
38	38	New Act New Act
39	39	New Act
40	40	Creates the Best Customer Price Act. Provides that a public institution of higher education or a State agency may require best customer pricing for any goods it procures. Provides that, if goods are to be purchased by the State from a supplier or reseller, the supplier or reseller shall attest that the price is the best customer price. Provides that the supplier or reseller shall include a provision in the letter of supply from the manufacturer that the supplier or reseller can secure the supply and quantity of goods to be purchased, and that the manufacturer has extended the same best customer pricing from the manufacturer to each of the suppliers or resellers registered with the State for the goods to be purchased. Provides that, if a public institution of higher education or a State agency requires best customer pricing for the goods but does not believe the price is competitive, the public institution of higher education or the State agency may decline to award the bid. Effective immediately.
41	41	LRB104 08974 SPS 19029 b LRB104 08974 SPS 19029 b
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68	68	1 veteran-owned businesses are smaller than incumbent firms,
69	69	2 and policies that level the playing field in procurement
70	70	3 for firms that are smaller will disproportionately benefit
71	71	4 minority-owned, women-owned and veteran-owned businesses,
72	72	5 rectifying past decades of discrimination in a
73	73	6 race-neutral and gender-neutral way.
74	74	7 (4) It has long been public policy to empower State
75	75	8 purchasing officials with the ability to require the most
76	76	9 favorable terms to be granted to this State on any
77	77	10 purchase of supplies or services, and extending this
78	78	11 policy to ensure the best customer pricing is extended by
79	79	12 manufacturers to this State's suppliers and resellers is
80	80	13 consistent with both federal procurement law and State
81	81	14 procurement law.
82	82	15 (5) Requiring the best customer price for procured
83	83	16 goods will create a more inclusive choice for State
84	84	17 procurement and a level playing field for all suppliers,
85	85	18 both from the manufacturers to suppliers or resellers and
86	86	19 from suppliers or resellers to this State.
87	87	20 (6) It is in the best interest of the taxpayers of this
88	88	21 State to ensure that this State's purchases of goods
89	89	22 always get the best customer pricing from all participants
90	90	23 in the transaction, both from the manufacturer to the
91	91	24 supplier or reseller and from the supplier or reseller to
92	92	25 this State.
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103	103	1 Section 10. Definitions. As used in this Act:
104	104	2 "Best customer pricing" means the best price offered to
105	105	3 any customer for the goods this State is seeking to buy,
106	106	4 including price, discounts, commissions, rebates, and other
107	107	5 incentives that impact the consideration paid for the good.
108	108	6 "Letter of supply" means a document from the manufacturer
109	109	7 to a supplier or reseller that indicates the supplier or
110	110	8 reseller is able to secure the goods this State seeks to buy.
111	111	9 "Public institution of higher education" has the meaning
112	112	10 given to that term in Section 1-13 of the Illinois Procurement
113	113	11 Code.
114	114	12 "Reseller" means a registered vendor of this State that
115	115	13 supplies goods the company does not manufacture.
116	116	14 "State agency" has the meaning given to that term in
117	117	15 Section 1-15.100 of the Illinois Procurement Code.
118	118	16 "Supplier" means a registered vendor of this State that
119	119	17 supplies goods the company does not manufacture.
120	120	18 Section 15. Best consumer pricing.
121	121	19 (a) A public institution of higher education or a State
122	122	20 agency may require best customer pricing for any goods it
123	123	21 procures. If goods are to be purchased by this State from a
124	124	22 supplier or reseller, the supplier or reseller shall attest
125	125	23 that the price is the best customer price. The supplier or
126	126	24 reseller shall include a provision in the letter of supply
127	127	25 from the manufacturer that the supplier or reseller can secure
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138	138	1 the supply and quantity of goods to be purchased, and that the
139	139	2 manufacturer has extended the same best customer pricing from
140	140	3 the manufacturer to each of the suppliers or resellers
141	141	4 registered with this State for the goods to be purchased.
142	142	5 (b) Nothing in this Section shall require the manufacturer
143	143	6 to extend best customer pricing to any supplier or reseller
144	144	7 for any goods that are not purchased by this State.
145	145	8 (c) Nothing in this Section shall regulate or impact any
146	146	9 commercial relationship between a manufacturer and a supplier
147	147	10 or reseller for any goods that are not the subject of a State
148	148	11 purchase.
149	149	12 (d) Nothing in this Section shall require any
150	150	13 manufacturer, reseller, or supplier to disclose any
151	151	14 proprietary information in the letter of supply.
152	152	15 Section 20. Declining bids. If a public institution of
153	153	16 higher education or a State agency requires best customer
154	154	17 pricing for the goods but does not believe the price is
155	155	18 competitive, the public institution of higher education or the
156	156	19 State agency may decline to award the bid.
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