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92_HB3618eng HB3618 Engrossed LRB9208377JMmb 1 AN ACT concerning State property. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Procurement Code is amended by 5 changing Section 45-65 and adding Sections 45-70 and 45-75 as 6 follows: 7 (30 ILCS 500/45-65) 8 Sec. 45-65. Additional preferences. This Code is 9 subject to applicable provisions of: 10 (1) the Public Purchases in Other States Act; 11 (2) the Illinois Mined Coal Act; 12 (3) the DomesticSteelProducts Procurement Act; 13 (4) the Veterans Preference Act; and 14 (5) the Business Enterprise for Minorities, 15 Females, and Persons with Disabilities Act. 16 (Source: P.A. 90-572, eff. date - See Sec. 99-5.) 17 (30 ILCS 500/45-70 new) 18 Sec. 45-70. Purchase of goods made in Illinois. 19 Notwithstanding any other provision of this Code, all goods 20 purchased under this Code shall be made in Illinois unless 21 the cost of the goods made in Illinois exceeds the cost of 22 equivalent goods made outside of Illinois by 10% or more. 23 (30 ILCS 500/45-75 new) 24 Sec. 45-75. Purchase of goods made in the United States. 25 Notwithstanding any other provision of this Code, all goods 26 purchased under this Code shall be made in the United States 27 unless the cost of the goods made in the United States 28 exceeds the cost of equivalent goods made outside of the 29 United States by 10% or more. HB3618 Engrossed -2- LRB9208377JMmb 1 Section 10. The Steel Products Procurement Act is 2 amended by changing Sections 1, 2, 3, 4, and 6 as follows: 3 (30 ILCS 565/1) (from Ch. 48, par. 1801) 4 Sec. 1. This Actshall be known andmay be cited as the 5"DomesticSteelProducts Procurement Act". 6 (Source: P.A. 83-1030.) 7 (30 ILCS 565/2) (from Ch. 48, par. 1802) 8 Sec. 2. It is hereby found and declared by the Illinois 9 General Assembly that: 10 (1) The production of domestic manufactured commodities 11 and goods, including steel products, provides the jobs and 12 family incomes of hundreds of thousands of people in this 13 State and, in turn, the jobs and family incomes of millions 14 of persons in the United States; 15 (2) The taxes paid to the State and its political 16 subdivisions by employers and employees engaged in the 17 production and sale of domesticsteelproducts, including 18 steel products, are a large source of public revenues in the 19 State; 20 (3) The economy and general welfare of this State and 21 its people, as well as the economy and general welfare of the 22 United States, are inseparably related to the preservation 23 and development of industry in this State, as well as all the 24 other states of this nation. 25 The General Assembly therefore declares it to be the 26 policy of the State of Illinois tothat all public officers27and agencies should aid andpromote the economy of the State 28 and the United States by specifying materials, commodities, 29 and goods manufactured orsteel productsproduced in the 30 United States, including steel products, in all State 31 purchases and contractsfor construction, reconstruction,32repair, improvement or maintenance of public works. HB3618 Engrossed -3- LRB9208377JMmb 1 (Source: P.A. 83-1030.) 2 (30 ILCS 565/3) (from Ch. 48, par. 1803) 3 Sec. 3. For the purposes of this Act, the following 4 words have the meanings ascribed to them in this Section 5 unless the context clearly requires otherwise. 6 (a) "Public agency" means the State of Illinois, its 7 departments, agencies, boards, commissions and institutions, 8 and all units of local government, including school 9 districts. 10 (b) "United States" means the United States and any 11 place subject to the jurisdiction thereof. 12 (c) "Steel products" means products rolled, formed, 13 shaped, drawn, extruded, forged, cast, fabricated, or 14 otherwise similarly processed, or processed by a combination 15 of two or more such operations, from steel made in the United 16 States by the open hearth, basic oxygen, electric furnace, 17 Bessemer or other steel making process. 18 (d) "Domestic products" means goods and commodities 19 manufactured or supplied by companies, including subsidiaries 20 or affiliates, whose products consist of at least 50% United 21 States or Canadian content during 2002; 60% United States or 22 Canadian content during 2003; and 70% United States or 23 Canadian content during 2004, 2005, and 2006. 24 (Source: P.A. 83-1030.) 25 (30 ILCS 565/4) (from Ch. 48, par. 1804) 26 Sec. 4. Each contract for the construction, 27 reconstruction, alteration, repair, improvement or 28 maintenance of public works made by a public agency shall 29 contain a provision that steel products used or supplied in 30 the performance of that contract or any subcontract thereto 31 shall be manufactured or produced in the United States. 32 Each contract for the purchase or lease of commodities or HB3618 Engrossed -4- LRB9208377JMmb 1 manufactured goods, other than steel, by the State of 2 Illinois shall contain a provision that the commodities and 3 goods used or supplied in the performance of that contract or 4 any subcontract thereunder shall be manufactured or supplied 5 by companies, including subsidiaries or affiliates, whose 6 products consist of at least 50% United States or Canadian 7 content during 2002; 60% United States or Canadian content 8 during 2003; and 70% United States or Canadian content during 9 2004, 2005, and 2006. 10 The provisions of this Section shall not apply: 11 (1) Where the contract involves an expenditure of less 12 than $500. 13 (2) Where the executive head of the public agency 14 certifies in writing that (a) the specified products are not 15 manufactured or produced in the United States in sufficient 16 quantities to meet the agency's requirements or cannot be 17 manufactured or produced in the United States within the 18 necessary time in sufficient quantities to meet the agency's 19 requirements, or (b) obtaining the specified products, 20 manufactured or produced in the United States would increase 21 the cost of the contract by more than 10%. 22 (3) When its application is not in the public interest. 23 (Source: P.A. 83-1030.) 24 (30 ILCS 565/6) (from Ch. 48, par. 1806) 25 Sec. 6. With respect to steel products, this Act shall 26 apply only to contracts and subcontracts entered into after 27 January 5, 1984the effective date of this Act,and shall not 28 limit the use or supply of steel products purchased or leased 29 prior to January 5, 1984the effective date of this Act. 30 With respect to domestic manufactured commodities and goods 31 other than steel products, this Act shall apply only to 32 contracts and subcontracts entered into by the State of 33 Illinois on or after the effective date of this amendatory HB3618 Engrossed -5- LRB9208377JMmb 1 Act of the 92nd General Assembly and before January 1, 2007, 2 and shall not limit the use or supply of manufactured 3 commodities or goods purchased or leased by the State of 4 Illinois before the effective date of this amendatory Act of 5 the 92nd General Assembly. 6 (Source: P.A. 83-1030.)