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Public Act 102-0483


 

Public Act 0483 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0483
 
HB3504 EnrolledLRB102 12778 CPF 18117 b

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

Effective Date: 1/1/2022