Illinois General Assembly - Full Text of HB3504
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Full Text of HB3504  102nd General Assembly

HB3504ham001 102ND GENERAL ASSEMBLY

Rep. Edgar Gonzalez, Jr.

Filed: 3/22/2021

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3504

2    AMENDMENT NO. ______. Amend House Bill 3504 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Department of Public Health Powers and
5Duties Law of the Civil Administrative Code of Illinois is
6amended 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

 

 

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1    social disparities in communities of color and other
2    underserved communities that produced these COVID-19
3    disparities also produce disparities in chronic disease,
4    access to care, and social determinants of health, such as
5    overcrowded housing and prevalence of working in low-wage
6    essential jobs.
7        (4) Traditional public health data collected by
8    existing methods is insufficient to help State and local
9    governments, health care partners, and communities
10    understand local health concerns and social factors
11    associated with health. Nor does the data provide adequate
12    information to help identify policies and interventions
13    that address health inequities.
14        (5) Comprehensive, relevant, and current public health
15    data could be used to: identify health concerns for
16    communities across Illinois; understand environmental,
17    neighborhood, and social factors associated with health;
18    and support the development, implementation, and progress
19    of programs for public health interventions and addressing
20    health inequities.
21    (b) Subject to appropriation, the Department shall
22administer an annual survey, which shall be named the Healthy
23Illinois Survey. The Healthy Illinois Survey shall:
24        (1) include interviews of a sample of State residents
25    such that statistically reliable data for every county,
26    zip code groupings within more highly populated counties

 

 

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1    and cities, suburban Cook County municipalities, and
2    Chicago community areas can be developed, as well as
3    statistically reliable data on racial, ethnic, gender,
4    age, and other demographic groups of State residents
5    important to inform health equity goals;
6        (2) be collected at the zip code level; and
7        (3) include questions on a range of topics designed to
8    establish an initial baseline public health data set and
9    annual updates, including:
10            (A) access to health services;
11            (B) civic engagement;
12            (C) childhood experiences;
13            (D) chronic health conditions;
14            (E) COVID-19;
15            (F) diet;
16            (G) financial security;
17            (H) food security;
18            (I) mental health;
19            (J) community conditions;
20            (K) physical activity;
21            (L) physical safety;
22            (M) substance abuse; and
23            (N) violence.
24    (c) In developing the Healthy Illinois Survey, the
25Department shall consult with local public health departments
26and stakeholders with expertise in health, mental health,

 

 

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1nutrition, physical activity, violence prevention, safety,
2tobacco and drug use, and emergency preparedness with the goal
3of developing a comprehensive survey that will assist the
4State and other partners in developing the data to measure
5public health and health equity.
6    (d) The Department shall provide the results of the
7Healthy Illinois Survey in forms useful to cities,
8communities, local health departments, hospitals, and other
9potential users, including annually publishing on its website
10data at the most granular geographic and demographic levels
11possible while protecting identifying information. The
12Department shall produce periodic special reports and analyses
13relevant to ongoing and emerging health and social issues in
14communities and the State. The Department shall use this data
15to inform the development and monitoring of its State Health
16Assessment. The Department shall provide the full relevant
17jurisdictional data set to local health departments for their
18local use and analysis each year.
19    (e) The identity, or any group of facts that tends to lead
20to the identity, of any person whose condition or treatment is
21submitted to the Healthy Illinois Survey is confidential and
22shall not be open to public inspection or dissemination and is
23exempt from disclosure under Section 7 of the Freedom of
24Information Act. Information for specific research purposes
25may be released in accordance with procedures established by
26the Department.
 

 

 

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1    Section 10. The Illinois Procurement Code is amended by
2changing Section 1-10 as follows:
 
3    (30 ILCS 500/1-10)
4    Sec. 1-10. Application.
5    (a) This Code applies only to procurements for which
6bidders, offerors, potential contractors, or contractors were
7first solicited on or after July 1, 1998. This Code shall not
8be construed to affect or impair any contract, or any
9provision of a contract, entered into based on a solicitation
10prior to the implementation date of this Code as described in
11Article 99, including, but not limited to, any covenant
12entered into with respect to any revenue bonds or similar
13instruments. All procurements for which contracts are
14solicited between the effective date of Articles 50 and 99 and
15July 1, 1998 shall be substantially in accordance with this
16Code and its intent.
17    (b) This Code shall apply regardless of the source of the
18funds with which the contracts are paid, including federal
19assistance moneys. This Code shall not apply to:
20        (1) Contracts between the State and its political
21    subdivisions or other governments, or between State
22    governmental bodies, except as specifically provided in
23    this Code.
24        (2) Grants, except for the filing requirements of

 

 

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1    Section 20-80.
2        (3) Purchase of care, except as provided in Section
3    5-30.6 of the Illinois Public Aid Code and this Section.
4        (4) Hiring of an individual as employee and not as an
5    independent contractor, whether pursuant to an employment
6    code or policy or by contract directly with that
7    individual.
8        (5) Collective bargaining contracts.
9        (6) Purchase of real estate, except that notice of
10    this type of contract with a value of more than $25,000
11    must be published in the Procurement Bulletin within 10
12    calendar days after the deed is recorded in the county of
13    jurisdiction. The notice shall identify the real estate
14    purchased, the names of all parties to the contract, the
15    value of the contract, and the effective date of the
16    contract.
17        (7) Contracts necessary to prepare for anticipated
18    litigation, enforcement actions, or investigations,
19    provided that the chief legal counsel to the Governor
20    shall give his or her prior approval when the procuring
21    agency is one subject to the jurisdiction of the Governor,
22    and provided that the chief legal counsel of any other
23    procuring entity subject to this Code shall give his or
24    her prior approval when the procuring entity is not one
25    subject to the jurisdiction of the Governor.
26        (8) (Blank).

 

 

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1        (9) Procurement expenditures by the Illinois
2    Conservation Foundation when only private funds are used.
3        (10) (Blank).
4        (11) Public-private agreements entered into according
5    to the procurement requirements of Section 20 of the
6    Public-Private Partnerships for Transportation Act and
7    design-build agreements entered into according to the
8    procurement requirements of Section 25 of the
9    Public-Private Partnerships for Transportation Act.
10        (12) Contracts for legal, financial, and other
11    professional and artistic services entered into on or
12    before December 31, 2018 by the Illinois Finance Authority
13    in which the State of Illinois is not obligated. Such
14    contracts shall be awarded through a competitive process
15    authorized by the Board of the Illinois Finance Authority
16    and are subject to Sections 5-30, 20-160, 50-13, 50-20,
17    50-35, and 50-37 of this Code, as well as the final
18    approval by the Board of the Illinois Finance Authority of
19    the terms of the contract.
20        (13) Contracts for services, commodities, and
21    equipment to support the delivery of timely forensic
22    science services in consultation with and subject to the
23    approval of the Chief Procurement Officer as provided in
24    subsection (d) of Section 5-4-3a of the Unified Code of
25    Corrections, except for the requirements of Sections
26    20-60, 20-65, 20-70, and 20-160 and Article 50 of this

 

 

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1    Code; however, the Chief Procurement Officer may, in
2    writing with justification, waive any certification
3    required under Article 50 of this Code. For any contracts
4    for services which are currently provided by members of a
5    collective bargaining agreement, the applicable terms of
6    the collective bargaining agreement concerning
7    subcontracting shall be followed.
8        On and after January 1, 2019, this paragraph (13),
9    except for this sentence, is inoperative.
10        (14) Contracts for participation expenditures required
11    by a domestic or international trade show or exhibition of
12    an exhibitor, member, or sponsor.
13        (15) Contracts with a railroad or utility that
14    requires the State to reimburse the railroad or utilities
15    for the relocation of utilities for construction or other
16    public purpose. Contracts included within this paragraph
17    (15) shall include, but not be limited to, those
18    associated with: relocations, crossings, installations,
19    and maintenance. For the purposes of this paragraph (15),
20    "railroad" means any form of non-highway ground
21    transportation that runs on rails or electromagnetic
22    guideways and "utility" means: (1) public utilities as
23    defined in Section 3-105 of the Public Utilities Act, (2)
24    telecommunications carriers as defined in Section 13-202
25    of the Public Utilities Act, (3) electric cooperatives as
26    defined in Section 3.4 of the Electric Supplier Act, (4)

 

 

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1    telephone or telecommunications cooperatives as defined in
2    Section 13-212 of the Public Utilities Act, (5) rural
3    water or waste water systems with 10,000 connections or
4    less, (6) a holder as defined in Section 21-201 of the
5    Public Utilities Act, and (7) municipalities owning or
6    operating utility systems consisting of public utilities
7    as that term is defined in Section 11-117-2 of the
8    Illinois Municipal Code.
9        (16) Procurement expenditures necessary for the
10    Department of Public Health to provide the delivery of
11    timely newborn screening services in accordance with the
12    Newborn Metabolic Screening Act.
13        (17) Procurement expenditures necessary for the
14    Department of Agriculture, the Department of Financial and
15    Professional Regulation, the Department of Human Services,
16    and the Department of Public Health to implement the
17    Compassionate Use of Medical Cannabis Program and Opioid
18    Alternative Pilot Program requirements and ensure access
19    to medical cannabis for patients with debilitating medical
20    conditions in accordance with the Compassionate Use of
21    Medical Cannabis Program Act.
22        (18) This Code does not apply to any procurements
23    necessary for the Department of Agriculture, the
24    Department of Financial and Professional Regulation, the
25    Department of Human Services, the Department of Commerce
26    and Economic Opportunity, and the Department of Public

 

 

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1    Health to implement the Cannabis Regulation and Tax Act if
2    the applicable agency has made a good faith determination
3    that it is necessary and appropriate for the expenditure
4    to fall within this exemption and if the process is
5    conducted in a manner substantially in accordance with the
6    requirements of Sections 20-160, 25-60, 30-22, 50-5,
7    50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
8    50-36, 50-37, 50-38, and 50-50 of this Code; however, for
9    Section 50-35, compliance applies only to contracts or
10    subcontracts over $100,000. Notice of each contract
11    entered into under this paragraph (18) that is related to
12    the procurement of goods and services identified in
13    paragraph (1) through (9) of this subsection shall be
14    published in the Procurement Bulletin within 14 calendar
15    days after contract execution. The Chief Procurement
16    Officer shall prescribe the form and content of the
17    notice. Each agency shall provide the Chief Procurement
18    Officer, on a monthly basis, in the form and content
19    prescribed by the Chief Procurement Officer, a report of
20    contracts that are related to the procurement of goods and
21    services identified in this subsection. At a minimum, this
22    report shall include the name of the contractor, a
23    description of the supply or service provided, the total
24    amount of the contract, the term of the contract, and the
25    exception to this Code utilized. A copy of any or all of
26    these contracts shall be made available to the Chief

 

 

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1    Procurement Officer immediately upon request. The Chief
2    Procurement Officer shall submit a report to the Governor
3    and General Assembly no later than November 1 of each year
4    that includes, at a minimum, an annual summary of the
5    monthly information reported to the Chief Procurement
6    Officer. This exemption becomes inoperative 5 years after
7    June 25, 2019 (the effective date of Public Act 101-27)
8    this amendatory Act of the 101st General Assembly.
9    Notwithstanding any other provision of law, for contracts
10entered into on or after October 1, 2017 under an exemption
11provided in any paragraph of this subsection (b), except
12paragraph (1), (2), or (5), each State agency shall post to the
13appropriate procurement bulletin the name of the contractor, a
14description of the supply or service provided, the total
15amount of the contract, the term of the contract, and the
16exception to the Code utilized. The chief procurement officer
17shall submit a report to the Governor and General Assembly no
18later than November 1 of each year that shall include, at a
19minimum, an annual summary of the monthly information reported
20to the chief procurement officer.
21    (c) This Code does not apply to the electric power
22procurement process provided for under Section 1-75 of the
23Illinois Power Agency Act and Section 16-111.5 of the Public
24Utilities Act.
25    (d) Except for Section 20-160 and Article 50 of this Code,
26and as expressly required by Section 9.1 of the Illinois

 

 

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1Lottery Law, the provisions of this Code do not apply to the
2procurement process provided for under Section 9.1 of the
3Illinois Lottery Law.
4    (e) This Code does not apply to the process used by the
5Capital Development Board to retain a person or entity to
6assist the Capital Development Board with its duties related
7to the determination of costs of a clean coal SNG brownfield
8facility, as defined by Section 1-10 of the Illinois Power
9Agency Act, as required in subsection (h-3) of Section 9-220
10of the Public Utilities Act, including calculating the range
11of capital costs, the range of operating and maintenance
12costs, or the sequestration costs or monitoring the
13construction of clean coal SNG brownfield facility for the
14full duration of construction.
15    (f) (Blank).
16    (g) (Blank).
17    (h) This Code does not apply to the process to procure or
18contracts entered into in accordance with Sections 11-5.2 and
1911-5.3 of the Illinois Public Aid Code.
20    (i) Each chief procurement officer may access records
21necessary to review whether a contract, purchase, or other
22expenditure is or is not subject to the provisions of this
23Code, unless such records would be subject to attorney-client
24privilege.
25    (j) This Code does not apply to the process used by the
26Capital Development Board to retain an artist or work or works

 

 

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1of art as required in Section 14 of the Capital Development
2Board Act.
3    (k) This Code does not apply to the process to procure
4contracts, or contracts entered into, by the State Board of
5Elections or the State Electoral Board for hearing officers
6appointed pursuant to the Election Code.
7    (l) This Code does not apply to the processes used by the
8Illinois Student Assistance Commission to procure supplies and
9services paid for from the private funds of the Illinois
10Prepaid Tuition Fund. As used in this subsection (l), "private
11funds" means funds derived from deposits paid into the
12Illinois Prepaid Tuition Trust Fund and the earnings thereon.
13    (m) This Code shall apply regardless of the source of
14funds with which contracts are paid, including federal
15assistance moneys. Except as specifically provided in this
16Code, this Code shall not apply to procurement expenditures
17necessary for the Department of Public Health to conduct the
18Healthy Illinois Survey in accordance with Section 2310-431 of
19the Department of Public Health Powers and Duties Law of the
20Civil Administrative Code of Illinois.
21(Source: P.A. 100-43, eff. 8-9-17; 100-580, eff. 3-12-18;
22100-757, eff. 8-10-18; 100-1114, eff. 8-28-18; 101-27, eff.
236-25-19; 101-81, eff. 7-12-19; 101-363, eff. 8-9-19; revised
249-17-19.)".