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Sen. Cristina Castro
Filed: 5/23/2024
| | 10300HB5511sam002 | | LRB103 38791 RPS 74007 a |
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| 1 | | AMENDMENT TO HOUSE BILL 5511
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| 2 | | AMENDMENT NO. ______. Amend House Bill 5511, AS AMENDED, |
| 3 | | with reference to page and line numbers of Senate Amendment |
| 4 | | No. 1, by replacing line 11 on page 61 through line 19 on page |
| 5 | | 66 with the following:
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| 6 | | "Section 7-5. The Illinois Procurement Code is amended by |
| 7 | | adding Section 45-46 as follows:
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| 8 | | (30 ILCS 500/45-46 new) |
| 9 | | Sec. 45-46. Mid-size businesses. |
| 10 | | (a) As used in the Section, "mid-size business" means a |
| 11 | | business that is independently owned and operated and that is |
| 12 | | not dominant in its field of operation. "Mid-size business" |
| 13 | | includes a construction business with annual sales and |
| 14 | | receipts in excess of $14,000,000 but not over $45,000,000. |
| 15 | | (a-5) This Section applies only to construction-related |
| 16 | | procurements for the Illinois State Toll Highway Authority. |
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| | 10300HB5511sam002 | - 2 - | LRB103 38791 RPS 74007 a |
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| 1 | | (b) The chief procurement officer shall adopt rules to |
| 2 | | establish additional criteria to designate mid-size businesses |
| 3 | | for the purposes of the mid-size business set-asides described |
| 4 | | in subsection (c), including the number of employees and |
| 5 | | annual sales and receipts of the business. When computing the |
| 6 | | size status of a potential contractor, annual sales and |
| 7 | | receipts of the potential contractor and all of its affiliates |
| 8 | | shall be included. The maximum number of employees and the |
| 9 | | maximum annual sales and receipts that a mid-size business may |
| 10 | | have under the rules adopted by the chief procurement officer |
| 11 | | may vary from industry to industry, to the extent necessary to |
| 12 | | reflect differing characteristics of those industries, subject |
| 13 | | to the limitation that no business shall qualify as a mid-size |
| 14 | | business if its annual sales and receipts exceed $45,000,000. |
| 15 | | (c) The applicable chief procurement officer shall |
| 16 | | designate a fair proportion, as determined by the applicable |
| 17 | | chief procurement officer in consultation with the Illinois |
| 18 | | State Toll Highway Authority, of construction, |
| 19 | | construction-related, and construction support contracts as |
| 20 | | mid-size business set-asides for award to mid-size businesses |
| 21 | | in Illinois. Advertisements for bids or offers for these |
| 22 | | contracts shall specify designation as mid-size business |
| 23 | | set-asides. In awarding the contracts, only bids or offers |
| 24 | | from qualified mid-size businesses shall be considered. The |
| 25 | | Illinois State Toll Highway Authority shall prepare an annual |
| 26 | | report setting forth the use of this Section during the |