State of Illinois
92nd General Assembly
Legislation

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92_HB4420

 
                                               LRB9214558JMmb

 1        AN ACT concerning procurement.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 1. Short title. This Act  may  be  cited  as  the
 5    Calcium Purchase Preference Act.

 6        Section 5. Definitions. As used in this Act:
 7        "Calcium-enriched  food  or  beverage"  means  a  food or
 8    beverage that contains a higher concentration of calcium  per
 9    like unit than food or beverages of similar type and quality.
10        "Governmental   entity"   means   each   office,   board,
11    commission,   agency,   department,  authority,  institution,
12    university, body politic and corporate, administrative  unit,
13    and  corporate  outgrowth  of the executive, legislative, and
14    judicial branches of State government, whether created by the
15    Illinois Constitution, by or in accordance with  statute,  or
16    by  executive  order  of  the  Governor;  each  unit of local
17    government;  each  school  district;   and   each   political
18    subdivision of the State of Illinois.

19        Section  10. Intent. The General Assembly recognizes that
20    most citizens of Illinois would benefit from the  consumption
21    of  calcium-enriched  food and beverages. It is the intent of
22    the General Assembly that  governmental  entities,  as  major
23    consumers  and  examples  for  others,  should  encourage the
24    consumption of calcium-enriched food and beverages by  giving
25    those  products  a preferred purchasing status as provided in
26    this Act.

27        Section 15. Preference.
28        (a)  Except  as  provided   in   subsection   (b),   when
29    purchasing  food  or  beverages to be served in a building or
 
                            -2-                LRB9214558JMmb
 1    room  owned  or  operated  by  a  governmental  entity,  each
 2    governmental entity, or private entity  that  contracts  with
 3    the  governmental  entity to purchase food or beverages, must
 4    purchase  calcium-enriched  food  and  beverages  unless  the
 5    calcium-enriched food or beverage is  higher  in  price  than
 6    non-calcium-enriched  food  or  beverages of similar type and
 7    quality.
 8        (b)  Calcium-enriched food and  beverages  shall  not  be
 9    purchased  under  subsection  (a)  for  the consumption of an
10    institution's patients  or  residents  if  the  institution's
11    director  determines  that calcium-enriched food or beverages
12    would interfere with the proper  treatment  or  care  of  the
13    institution's patients or residents.

14        Section  20. Effect on contracts. This Act does not apply
15    to a contract entered into before the effective date of  this
16    Act  if  purchasing  calcium-enriched food or beverages would
17    change the terms of the contract.

18        Section 90.  The Illinois Procurement Code is amended  by
19    changing Section 45-65 as follows:

20        (30 ILCS 500/45-65)
21        Sec.   45-65.   Additional  preferences.   This  Code  is
22    subject to applicable provisions of:
23             (1)  the Public Purchases in Other States Act;
24             (2)  the Illinois Mined Coal Act;
25             (3)  the Steel Products Procurement Act;
26             (4)  the Veterans Preference Act; and
27             (5)  the   Business   Enterprise   for   Minorities,
28        Females, and Persons with Disabilities Act; and.
29             (6)  the Calcium Purchase Preference Act.
30    (Source: P.A. 90-572, eff. date - See Sec. 99-5.)

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