State of Illinois
91st General Assembly
Legislation

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91_HB0136

 
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 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 Domestic Steel Products 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.
 
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 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 Act shall be known and may be cited as  the
 5    "Domestic Steel Products 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  domestic steel products, 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 to that all  public  officers
27    and  agencies should aid and promote the economy of the State
28    and the United States by specifying  materials,  commodities,
29    and  goods  manufactured  or  steel  products produced in the
30    United  States,  including  steel  products,  in  all   State
31    purchases  and  contracts  for  construction, reconstruction,
32    repair, improvement or maintenance of public works.
 
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 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 2000; 60% United States  or
22    Canadian  content  during  2001;  and  70%  United  States or
23    Canadian content during 2002, 2003, and 2004.
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
 
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 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  2000;  60% United States or Canadian content
 8    during 2001; and 70% United States or Canadian content during
 9    2002, 2003, and 2004.
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, 1984 the 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, 1984 the  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
 
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 1    Act  of  1999 and before January 1, 2005, and shall not limit
 2    the use  or  supply  of  manufactured  commodities  or  goods
 3    purchased  or  leased  by  the  State  of Illinois before the
 4    effective  date  of this amendatory Act of 1999.
 5    (Source: P.A. 83-1030.)

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