Full Text of HB3504 102nd General Assembly
HB3504enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Department of Public Health Powers and | 5 | | Duties Law of the
Civil Administrative Code of Illinois is | 6 | | amended by adding Section 2310-431 as follows: | 7 | | (20 ILCS 2310/2310-431 new) | 8 | | Sec. 2310-431. Healthy Illinois Survey. | 9 | | (a) The General Assembly finds the following: | 10 | | (1) The Coronavirus pandemic that struck in 2020 | 11 | | caused more illness and death in Black, Latinx, and other | 12 | | communities with people of color in Illinois. | 13 | | (2) Many rural and other underserved communities in | 14 | | Illinois experienced higher rates of COVID-19 illness and | 15 | | death than higher-resourced communities. | 16 | | (3) The structural racism and underlying health and | 17 | | social disparities in communities of color and other | 18 | | underserved communities that produced these COVID-19 | 19 | | disparities also produce disparities in chronic disease, | 20 | | access to care, and social determinants of health, such as | 21 | | overcrowded housing and prevalence of working in low-wage | 22 | | essential jobs. | 23 | | (4) Traditional public health data collected by |
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| 1 | | existing methods is insufficient to help State and local | 2 | | governments, health care partners, and communities | 3 | | understand local health concerns and social factors | 4 | | associated with health. Nor does the data provide adequate | 5 | | information to help identify policies and interventions | 6 | | that address health inequities. | 7 | | (5) Comprehensive, relevant, and current public health | 8 | | data could be used to: identify health concerns for | 9 | | communities across Illinois; understand environmental, | 10 | | neighborhood, and social factors associated with health; | 11 | | and support the development, implementation, and progress | 12 | | of programs for public health interventions and addressing | 13 | | health inequities. | 14 | | (b) Subject to appropriation, the Department shall | 15 | | administer an annual survey, which shall be named the Healthy | 16 | | Illinois Survey. The Healthy Illinois Survey shall: | 17 | | (1) include interviews of a sample of State residents | 18 | | such that statistically reliable data for every county, | 19 | | zip code groupings within more highly populated counties | 20 | | and cities, suburban Cook County municipalities, and | 21 | | Chicago community areas can be developed, as well as | 22 | | statistically reliable data on racial, ethnic, gender, | 23 | | age, and other demographic groups of State residents | 24 | | important to inform health equity goals; | 25 | | (2) be collected at the zip code level; and | 26 | | (3) include questions on a range of topics designed to |
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| 1 | | establish an initial baseline public health data set and | 2 | | annual updates, including: | 3 | | (A) access to health services; | 4 | | (B) civic engagement; | 5 | | (C) childhood experiences; | 6 | | (D) chronic health conditions; | 7 | | (E) COVID-19; | 8 | | (F) diet; | 9 | | (G) financial security; | 10 | | (H) food security; | 11 | | (I) mental health; | 12 | | (J) community conditions; | 13 | | (K) physical activity; | 14 | | (L) physical safety; | 15 | | (M) substance abuse; and | 16 | | (N) violence. | 17 | | (c) In developing the Healthy Illinois Survey, the | 18 | | Department shall consult with local public health departments | 19 | | and stakeholders with expertise in health, mental health, | 20 | | nutrition, physical activity, violence prevention, safety, | 21 | | tobacco and drug use, and emergency preparedness with the goal | 22 | | of developing a comprehensive survey that will assist the | 23 | | State and other partners in developing the data to measure | 24 | | public health and health equity. | 25 | | (d) The Department shall provide the results of the | 26 | | Healthy Illinois Survey in forms useful to cities, |
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| 1 | | communities, local health departments, hospitals, and other | 2 | | potential users, including annually publishing on its website | 3 | | data at the most granular geographic and demographic levels | 4 | | possible while protecting identifying information. The | 5 | | Department shall produce periodic special reports and analyses | 6 | | relevant to ongoing and emerging health and social issues in | 7 | | communities and the State. The Department shall use this data | 8 | | to inform the development and monitoring of its State Health | 9 | | Assessment. The Department shall provide the full relevant | 10 | | jurisdictional data set to local health departments for their | 11 | | local use and analysis each year. | 12 | | (e) The identity, or any group of facts that tends to lead | 13 | | to the identity, of any person whose condition or
treatment is | 14 | | submitted to the Healthy Illinois Survey is confidential and | 15 | | shall not be open to public inspection
or dissemination and is | 16 | | exempt from disclosure under Section 7 of the Freedom of | 17 | | Information Act.
Information for specific research purposes | 18 | | may be released in accordance with procedures established by
| 19 | | the Department.
| 20 | | Section 10. The Illinois Procurement Code is amended by | 21 | | changing Section 1-10 as follows:
| 22 | | (30 ILCS 500/1-10)
| 23 | | Sec. 1-10. Application.
| 24 | | (a) This Code applies only to procurements for which |
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| 1 | | bidders, offerors, potential contractors, or contractors were | 2 | | first
solicited on or after July 1, 1998. This Code shall not | 3 | | be construed to affect
or impair any contract, or any | 4 | | provision of a contract, entered into based on a
solicitation | 5 | | prior to the implementation date of this Code as described in
| 6 | | Article 99, including , but not limited to , any covenant | 7 | | entered into with respect
to any revenue bonds or similar | 8 | | instruments.
All procurements for which contracts are | 9 | | solicited between the effective date
of Articles 50 and 99 and | 10 | | July 1, 1998 shall be substantially in accordance
with this | 11 | | Code and its intent.
| 12 | | (b) This Code shall apply regardless of the source of the | 13 | | funds with which
the contracts are paid, including federal | 14 | | assistance moneys. This
Code shall
not apply to:
| 15 | | (1) Contracts between the State and its political | 16 | | subdivisions or other
governments, or between State | 17 | | governmental bodies, except as specifically provided in | 18 | | this Code.
| 19 | | (2) Grants, except for the filing requirements of | 20 | | Section 20-80.
| 21 | | (3) Purchase of care, except as provided in Section | 22 | | 5-30.6 of the Illinois Public Aid
Code and this Section.
| 23 | | (4) Hiring of an individual as employee and not as an | 24 | | independent
contractor, whether pursuant to an employment | 25 | | code or policy or by contract
directly with that | 26 | | individual.
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| 1 | | (5) Collective bargaining contracts.
| 2 | | (6) Purchase of real estate, except that notice of | 3 | | this type of contract with a value of more than $25,000 | 4 | | must be published in the Procurement Bulletin within 10 | 5 | | calendar days after the deed is recorded in the county of | 6 | | jurisdiction. The notice shall identify the real estate | 7 | | purchased, the names of all parties to the contract, the | 8 | | value of the contract, and the effective date of the | 9 | | contract.
| 10 | | (7) Contracts necessary to prepare for anticipated | 11 | | litigation, enforcement
actions, or investigations, | 12 | | provided
that the chief legal counsel to the Governor | 13 | | shall give his or her prior
approval when the procuring | 14 | | agency is one subject to the jurisdiction of the
Governor, | 15 | | and provided that the chief legal counsel of any other | 16 | | procuring
entity
subject to this Code shall give his or | 17 | | her prior approval when the procuring
entity is not one | 18 | | subject to the jurisdiction of the Governor.
| 19 | | (8) (Blank).
| 20 | | (9) Procurement expenditures by the Illinois | 21 | | Conservation Foundation
when only private funds are used.
| 22 | | (10) (Blank). | 23 | | (11) Public-private agreements entered into according | 24 | | to the procurement requirements of Section 20 of the | 25 | | Public-Private Partnerships for Transportation Act and | 26 | | design-build agreements entered into according to the |
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| 1 | | procurement requirements of Section 25 of the | 2 | | Public-Private Partnerships for Transportation Act. | 3 | | (12) Contracts for legal, financial, and other | 4 | | professional and artistic services entered into on or | 5 | | before December 31, 2018 by the Illinois Finance Authority | 6 | | in which the State of Illinois is not obligated. Such | 7 | | contracts shall be awarded through a competitive process | 8 | | authorized by the Board of the Illinois Finance Authority | 9 | | and are subject to Sections 5-30, 20-160, 50-13, 50-20, | 10 | | 50-35, and 50-37 of this Code, as well as the final | 11 | | approval by the Board of the Illinois Finance Authority of | 12 | | the terms of the contract. | 13 | | (13) Contracts for services, commodities, and | 14 | | equipment to support the delivery of timely forensic | 15 | | science services in consultation with and subject to the | 16 | | approval of the Chief Procurement Officer as provided in | 17 | | subsection (d) of Section 5-4-3a of the Unified Code of | 18 | | Corrections, except for the requirements of Sections | 19 | | 20-60, 20-65, 20-70, and 20-160 and Article 50 of this | 20 | | Code; however, the Chief Procurement Officer may, in | 21 | | writing with justification, waive any certification | 22 | | required under Article 50 of this Code. For any contracts | 23 | | for services which are currently provided by members of a | 24 | | collective bargaining agreement, the applicable terms of | 25 | | the collective bargaining agreement concerning | 26 | | subcontracting shall be followed. |
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| 1 | | On and after January 1, 2019, this paragraph (13), | 2 | | except for this sentence, is inoperative. | 3 | | (14) Contracts for participation expenditures required | 4 | | by a domestic or international trade show or exhibition of | 5 | | an exhibitor, member, or sponsor. | 6 | | (15) Contracts with a railroad or utility that | 7 | | requires the State to reimburse the railroad or utilities | 8 | | for the relocation of utilities for construction or other | 9 | | public purpose. Contracts included within this paragraph | 10 | | (15) shall include, but not be limited to, those | 11 | | associated with: relocations, crossings, installations, | 12 | | and maintenance. For the purposes of this paragraph (15), | 13 | | "railroad" means any form of non-highway ground | 14 | | transportation that runs on rails or electromagnetic | 15 | | guideways and "utility" means: (1) public utilities as | 16 | | defined in Section 3-105 of the Public Utilities Act, (2) | 17 | | telecommunications carriers as defined in Section 13-202 | 18 | | of the Public Utilities Act, (3) electric cooperatives as | 19 | | defined in Section 3.4 of the Electric Supplier Act, (4) | 20 | | telephone or telecommunications cooperatives as defined in | 21 | | Section 13-212 of the Public Utilities Act, (5) rural | 22 | | water or waste water systems with 10,000 connections or | 23 | | less, (6) a holder as defined in Section 21-201 of the | 24 | | Public Utilities Act, and (7) municipalities owning or | 25 | | operating utility systems consisting of public utilities | 26 | | as that term is defined in Section 11-117-2 of the |
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| 1 | | Illinois Municipal Code. | 2 | | (16) Procurement expenditures necessary for the | 3 | | Department of Public Health to provide the delivery of | 4 | | timely newborn screening services in accordance with the | 5 | | Newborn Metabolic Screening Act. | 6 | | (17) Procurement expenditures necessary for the | 7 | | Department of Agriculture, the Department of Financial and | 8 | | Professional Regulation, the Department of Human Services, | 9 | | and the Department of Public Health to implement the | 10 | | Compassionate Use of Medical Cannabis Program and Opioid | 11 | | Alternative Pilot Program requirements and ensure access | 12 | | to medical cannabis for patients with debilitating medical | 13 | | conditions in accordance with the Compassionate Use of | 14 | | Medical Cannabis Program Act. | 15 | | (18) This Code does not apply to any procurements | 16 | | necessary for the Department of Agriculture, the | 17 | | Department of Financial and Professional Regulation, the | 18 | | Department of Human Services, the Department of Commerce | 19 | | and Economic Opportunity, and the Department of Public | 20 | | Health to implement the Cannabis Regulation and Tax Act if | 21 | | the applicable agency has made a good faith determination | 22 | | that it is necessary and appropriate for the expenditure | 23 | | to fall within this exemption and if the process is | 24 | | conducted in a manner substantially in accordance with the | 25 | | requirements of Sections 20-160, 25-60, 30-22, 50-5, | 26 | | 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, |
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| 1 | | 50-36, 50-37, 50-38, and 50-50 of this Code; however, for | 2 | | Section 50-35, compliance applies only to contracts or | 3 | | subcontracts over $100,000. Notice of each contract | 4 | | entered into under this paragraph (18) that is related to | 5 | | the procurement of goods and services identified in | 6 | | paragraph (1) through (9) of this subsection shall be | 7 | | published in the Procurement Bulletin within 14 calendar | 8 | | days after contract execution. The Chief Procurement | 9 | | Officer shall prescribe the form and content of the | 10 | | notice. Each agency shall provide the Chief Procurement | 11 | | Officer, on a monthly basis, in the form and content | 12 | | prescribed by the Chief Procurement Officer, a report of | 13 | | contracts that are related to the procurement of goods and | 14 | | services identified in this subsection. At a minimum, this | 15 | | report shall include the name of the contractor, a | 16 | | description of the supply or service provided, the total | 17 | | amount of the contract, the term of the contract, and the | 18 | | exception to this Code utilized. A copy of any or all of | 19 | | these contracts shall be made available to the Chief | 20 | | Procurement Officer immediately upon request. The Chief | 21 | | Procurement Officer shall submit a report to the Governor | 22 | | and General Assembly no later than November 1 of each year | 23 | | that includes, at a minimum, an annual summary of the | 24 | | monthly information reported to the Chief Procurement | 25 | | Officer. This exemption becomes inoperative 5 years after | 26 | | June 25, 2019 ( the effective date of Public Act 101-27) |
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| 1 | | this amendatory Act of the 101st General Assembly . | 2 | | Notwithstanding any other provision of law, for contracts | 3 | | entered into on or after October 1, 2017 under an exemption | 4 | | provided in any paragraph of this subsection (b), except | 5 | | paragraph (1), (2), or (5), each State agency shall post to the | 6 | | appropriate procurement bulletin the name of the contractor, a | 7 | | description of the supply or service provided, the total | 8 | | amount of the contract, the term of the contract, and the | 9 | | exception to the Code utilized. The chief procurement officer | 10 | | shall submit a report to the Governor and General Assembly no | 11 | | later than November 1 of each year that shall include, at a | 12 | | minimum, an annual summary of the monthly information reported | 13 | | to the chief procurement officer. | 14 | | (c) This Code does not apply to the electric power | 15 | | procurement process provided for under Section 1-75 of the | 16 | | Illinois Power Agency Act and Section 16-111.5 of the Public | 17 | | Utilities Act. | 18 | | (d) Except for Section 20-160 and Article 50 of this Code, | 19 | | and as expressly required by Section 9.1 of the Illinois | 20 | | Lottery Law, the provisions of this Code do not apply to the | 21 | | procurement process provided for under Section 9.1 of the | 22 | | Illinois Lottery Law. | 23 | | (e) This Code does not apply to the process used by the | 24 | | Capital Development Board to retain a person or entity to | 25 | | assist the Capital Development Board with its duties related | 26 | | to the determination of costs of a clean coal SNG brownfield |
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| 1 | | facility, as defined by Section 1-10 of the Illinois Power | 2 | | Agency Act, as required in subsection (h-3) of Section 9-220 | 3 | | of the Public Utilities Act, including calculating the range | 4 | | of capital costs, the range of operating and maintenance | 5 | | costs, or the sequestration costs or monitoring the | 6 | | construction of clean coal SNG brownfield facility for the | 7 | | full duration of construction. | 8 | | (f) (Blank). | 9 | | (g) (Blank). | 10 | | (h) This Code does not apply to the process to procure or | 11 | | contracts entered into in accordance with Sections 11-5.2 and | 12 | | 11-5.3 of the Illinois Public Aid Code. | 13 | | (i) Each chief procurement officer may access records | 14 | | necessary to review whether a contract, purchase, or other | 15 | | expenditure is or is not subject to the provisions of this | 16 | | Code, unless such records would be subject to attorney-client | 17 | | privilege. | 18 | | (j) This Code does not apply to the process used by the | 19 | | Capital Development Board to retain an artist or work or works | 20 | | of art as required in Section 14 of the Capital Development | 21 | | Board Act. | 22 | | (k) This Code does not apply to the process to procure | 23 | | contracts, or contracts entered into, by the State Board of | 24 | | Elections or the State Electoral Board for hearing officers | 25 | | appointed pursuant to the Election Code. | 26 | | (l) This Code does not apply to the processes used by the |
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| 1 | | Illinois Student Assistance Commission to procure supplies and | 2 | | services paid for from the private funds of the Illinois | 3 | | Prepaid Tuition Fund. As used in this subsection (l), "private | 4 | | funds" means funds derived from deposits paid into the | 5 | | Illinois Prepaid Tuition Trust Fund and the earnings thereon. | 6 | | (m) This Code shall apply regardless of the source of | 7 | | funds with which contracts are paid, including federal | 8 | | assistance moneys. Except as specifically provided in this | 9 | | Code, this Code shall not apply to procurement expenditures | 10 | | necessary for the Department of Public Health to conduct the | 11 | | Healthy Illinois Survey in accordance with Section 2310-431 of | 12 | | the Department of Public Health Powers and Duties Law of the | 13 | | Civil Administrative Code of Illinois. | 14 | | (Source: P.A. 100-43, eff. 8-9-17; 100-580, eff. 3-12-18; | 15 | | 100-757, eff. 8-10-18; 100-1114, eff. 8-28-18; 101-27, eff. | 16 | | 6-25-19; 101-81, eff. 7-12-19; 101-363, eff. 8-9-19; revised | 17 | | 9-17-19.)
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