SB 2428

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Full Text of SB2428
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					SB2428 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2428
Introduced 2/7/2025, by Sen. Cristina Castro
SYNOPSIS AS INTRODUCED:
30 ILCS 500/45-46
    Amends the Illinois Procurement Code. In provisions concerning mid-size businesses, provides that the Illinois State Toll Highway Authority may award up to 4 contracts per calendar year under the provisions and may award up to a total of 10 contract under the provisions. Provides that the provisions concerning mid-size businesses are inoperable 5 years after the award of the first contract under the provisions. Repeals the provisions on July 1, 2031 (instead of January 1, 2030).
				LRB104 10845 HLH 20926 b
A BILL FOR
		SB2428		LRB104 10845 HLH 20926 b
1		    AN ACT concerning finance.
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 45-46 as follows:
6		    (30 ILCS 500/45-46)
7		    (Section scheduled to be repealed on January 1, 2030)
8		    Sec. 45-46. Mid-size businesses.
9		    (a) As used in the Section, "mid-size business" means a
10		business that is independently owned and operated and that is
11		not dominant in its field of operation. "Mid-size business"
12		includes a construction business with annual sales and
13		receipts in excess of $14,000,000 but not over $45,000,000.
14		    (a-5) This Section applies only to construction-related
15		procurements for the Illinois State Toll Highway Authority.
16		    (b) The chief procurement officer shall adopt rules to
17		establish additional criteria to designate mid-size businesses
18		for the purposes of the mid-size business set-asides described
19		in subsection (c), including the number of employees and
20		annual sales and receipts of the business. When computing the
21		size status of a potential contractor, annual sales and
22		receipts of the potential contractor and all of its affiliates
23		shall be included. The maximum number of employees and the
		SB2428	- 2 -	LRB104 10845 HLH 20926 b
1		maximum annual sales and receipts that a mid-size business may
2		have under the rules adopted by the chief procurement officer
3		may vary from industry to industry, to the extent necessary to
4		reflect differing characteristics of those industries, subject
5		to the limitation that no business shall qualify as a mid-size
6		business if its annual sales and receipts exceed $45,000,000.
7		    (c) The applicable chief procurement officer shall
8		designate a fair proportion, as determined by the applicable
9		chief procurement officer in consultation with the Illinois
10		State Toll Highway Authority, of construction,
11		construction-related, and construction support contracts as
12		mid-size business set-asides for award to mid-size businesses
13		in Illinois. Advertisements for bids or offers for these
14		contracts shall specify designation as mid-size business
15		set-asides. In awarding the contracts, only bids or offers
16		from qualified mid-size businesses shall be considered. The 
17		Illinois State Toll Highway Authority may award up to 4 
18		contracts pursuant to this Section per calendar year and may 
19		award up to a total of 10 contracts pursuant to this Section.
20		The Illinois State Toll Highway Authority shall prepare an
21		annual report setting forth the use of this Section during the
22		preceding fiscal year and shall provide that report to the
23		applicable chief procurement officer no later than March 1 of
24		each calendar year. This Section is inoperable 5 years after 
25		the award of the first contract under this Section. This
26		Section is repealed on July 1, 2031 [5 years after the effective ]
		SB2428	- 3 -	LRB104 10845 HLH 20926 b
1		[date of this Section].
2		(Source: P.A. 103-865, eff. 1-1-25.)