Illinois General Assembly - Full Text of HB3504
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Full Text of HB3504  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,
3represented in the General Assembly:
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
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
15administer an annual survey, which shall be named the Healthy
16Illinois 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
18Department shall consult with local public health departments
19and stakeholders with expertise in health, mental health,
20nutrition, physical activity, violence prevention, safety,
21tobacco and drug use, and emergency preparedness with the goal
22of developing a comprehensive survey that will assist the
23State and other partners in developing the data to measure
24public health and health equity.
25    (d) The Department shall provide the results of the
26Healthy Illinois Survey in forms useful to cities,



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1communities, local health departments, hospitals, and other
2potential users, including annually publishing on its website
3data at the most granular geographic and demographic levels
4possible while protecting identifying information. The
5Department shall produce periodic special reports and analyses
6relevant to ongoing and emerging health and social issues in
7communities and the State. The Department shall use this data
8to inform the development and monitoring of its State Health
9Assessment. The Department shall provide the full relevant
10jurisdictional data set to local health departments for their
11local use and analysis each year.
12    (e) The identity, or any group of facts that tends to lead
13to the identity, of any person whose condition or treatment is
14submitted to the Healthy Illinois Survey is confidential and
15shall not be open to public inspection or dissemination and is
16exempt from disclosure under Section 7 of the Freedom of
17Information Act. Information for specific research purposes
18may be released in accordance with procedures established by
19the Department.
20    Section 10. The Illinois Procurement Code is amended by
21changing 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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1bidders, offerors, potential contractors, or contractors were
2first solicited on or after July 1, 1998. This Code shall not
3be construed to affect or impair any contract, or any
4provision of a contract, entered into based on a solicitation
5prior to the implementation date of this Code as described in
6Article 99, including, but not limited to, any covenant
7entered into with respect to any revenue bonds or similar
8instruments. All procurements for which contracts are
9solicited between the effective date of Articles 50 and 99 and
10July 1, 1998 shall be substantially in accordance with this
11Code and its intent.
12    (b) This Code shall apply regardless of the source of the
13funds with which the contracts are paid, including federal
14assistance 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
3entered into on or after October 1, 2017 under an exemption
4provided in any paragraph of this subsection (b), except
5paragraph (1), (2), or (5), each State agency shall post to the
6appropriate procurement bulletin the name of the contractor, a
7description of the supply or service provided, the total
8amount of the contract, the term of the contract, and the
9exception to the Code utilized. The chief procurement officer
10shall submit a report to the Governor and General Assembly no
11later than November 1 of each year that shall include, at a
12minimum, an annual summary of the monthly information reported
13to the chief procurement officer.
14    (c) This Code does not apply to the electric power
15procurement process provided for under Section 1-75 of the
16Illinois Power Agency Act and Section 16-111.5 of the Public
17Utilities Act.
18    (d) Except for Section 20-160 and Article 50 of this Code,
19and as expressly required by Section 9.1 of the Illinois
20Lottery Law, the provisions of this Code do not apply to the
21procurement process provided for under Section 9.1 of the
22Illinois Lottery Law.
23    (e) This Code does not apply to the process used by the
24Capital Development Board to retain a person or entity to
25assist the Capital Development Board with its duties related
26to the determination of costs of a clean coal SNG brownfield



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1facility, as defined by Section 1-10 of the Illinois Power
2Agency Act, as required in subsection (h-3) of Section 9-220
3of the Public Utilities Act, including calculating the range
4of capital costs, the range of operating and maintenance
5costs, or the sequestration costs or monitoring the
6construction of clean coal SNG brownfield facility for the
7full duration of construction.
8    (f) (Blank).
9    (g) (Blank).
10    (h) This Code does not apply to the process to procure or
11contracts entered into in accordance with Sections 11-5.2 and
1211-5.3 of the Illinois Public Aid Code.
13    (i) Each chief procurement officer may access records
14necessary to review whether a contract, purchase, or other
15expenditure is or is not subject to the provisions of this
16Code, unless such records would be subject to attorney-client
18    (j) This Code does not apply to the process used by the
19Capital Development Board to retain an artist or work or works
20of art as required in Section 14 of the Capital Development
21Board Act.
22    (k) This Code does not apply to the process to procure
23contracts, or contracts entered into, by the State Board of
24Elections or the State Electoral Board for hearing officers
25appointed pursuant to the Election Code.
26    (l) This Code does not apply to the processes used by the



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1Illinois Student Assistance Commission to procure supplies and
2services paid for from the private funds of the Illinois
3Prepaid Tuition Fund. As used in this subsection (l), "private
4funds" means funds derived from deposits paid into the
5Illinois Prepaid Tuition Trust Fund and the earnings thereon.
6    (m) This Code shall apply regardless of the source of
7funds with which contracts are paid, including federal
8assistance moneys. Except as specifically provided in this
9Code, this Code shall not apply to procurement expenditures
10necessary for the Department of Public Health to conduct the
11Healthy Illinois Survey in accordance with Section 2310-431 of
12the Department of Public Health Powers and Duties Law of the
13Civil Administrative Code of Illinois.
14(Source: P.A. 100-43, eff. 8-9-17; 100-580, eff. 3-12-18;
15100-757, eff. 8-10-18; 100-1114, eff. 8-28-18; 101-27, eff.
166-25-19; 101-81, eff. 7-12-19; 101-363, eff. 8-9-19; revised