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Public Act 102-0483 Public Act 0483 102ND GENERAL ASSEMBLY |
Public Act 102-0483 | HB3504 Enrolled | LRB102 12778 CPF 18117 b |
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| 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.
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| (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.)
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Effective Date: 1/1/2022
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