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.)