HB5187 101ST GENERAL ASSEMBLY

LRB101 18930 CPF 68389 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5187

Introduced , by Rep. Lamont J. Robinson, Jr.

SYNOPSIS AS INTRODUCED:

30 ILCS 105/5.666
410 ILCS 303/1
410 ILCS 303/5
410 ILCS 303/10
410 ILCS 303/15
410 ILCS 303/25
410 ILCS 303/27
410 ILCS 303/30

Amends the African-American HIV/AIDS Response Act. Provides that the Act may be cited as the African-American and Latinx HIV/AIDS Response Act. Throughout the Act, refers to Latinxs in conjunction with African-Americans. Amends the State Finance Act. Changes the name of the African-American HIV/AIDS Response Fund to the African-American and Latinx HIV/AIDS Response Fund. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The State Finance Act is amended by changing Section 5.666 as follows:

(30 ILCS 105/5.666)

(Section scheduled to be repealed on July 1, 2026)

Sec. 5.666. The African-American and Latinx HIV/AIDS Response Fund. This Section is repealed on July 1, 2026.

(Source: P.A. 99-54, eff. 1-1-16.)

Section 10. The African-American HIV/AIDS Response Act is amended by changing Sections 1, 5, 10, 15, 25, 27, and 30 as follows:

(410 ILCS 303/1)

Sec. 1. Short title. This Act may be cited as the African-American and Latinx HIV/AIDS Response Act.

(Source: P.A. 94-629, eff. 1-1-06.)

(410 ILCS 303/5)

Sec. 5. Legislative finding. The General Assembly finds that HIV/AIDS in the African-American and Latinx communities community is a crisis separate and apart from the overall issue of HIV/AIDS in other communities.

(Source: P.A. 94-629, eff. 1-1-06.)

(410 ILCS 303/10)

Sec. 10. African-American and Latinx HIV/AIDS Response Officer. An African-American and Latinx HIV/AIDS Response Officer, responsible for coordinating efforts to address the African-American and Latinx AIDS crisis within his or her respective Office or Department and serving as a liaison to governmental and non-governmental entities beyond his or her respective Office or Department regarding the same, shall be designated in each of the following:

(1) The Office of the Governor.

(2) The Department of Human Services.

(3) The Department of Public Health.

(4) The Department of Corrections.

(Source: P.A. 94-629, eff. 1-1-06.)

(410 ILCS 303/15)

Sec. 15. State agencies; HIV testing.

(a) In this Section:

"High-risk community" means a community designated as high-risk by the Department of Public Health in rules.

"High-traffic facility" means a high-traffic facility as defined by the State agency operating the facility.

"State agency" means (i) any department of State government created under Section 5-15 of the Departments of State Government Law of the Civil Administrative Code of Illinois or (ii) the Office of the Secretary of State.

(b) The Department of Public Health shall coordinate the response to HIV/AIDS in the African-American and Latinx communities community.

(c) A State agency that operates a facility that (i) is accessible to the public, (ii) is a high-traffic facility, and (iii) serves a high-risk community must provide the following in each such facility where space and security reasonably permit: space for free HIV counseling and antibody testing to a community-based organization licensed to do testing, in accordance with the AIDS Confidentiality Act and rules adopted by the Department of Public Health. The State agency or its employees shall not conduct any counseling or testing required to be provided under this subsection, but the agency shall make appropriate arrangements with one or more certified community-based organizations to conduct the counseling or testing. The testing required to be provided under this subsection is the rapid testing authorized under Section 5.5 of the AIDS Confidentiality Act.

(d) Neither the State of Illinois nor any State agency supplying space for services authorized by this Section shall be liable for damages based on the provision of such space or claimed to result from any services performed in such space, except that this immunity does not apply in the case of willful and wanton misconduct.

(Source: P.A. 94-629, eff. 1-1-06.)

(410 ILCS 303/25)

Sec. 25. HIV/AIDS Response Review Panel.

(a) The HIV/AIDS Response Review Panel is established within the Office of the Governor. The Panel shall consist of the following members:

(1) One member appointed by the Governor. This member shall serve as the Chair of the Panel.

(2) One representative of each of the following, appointed by the head of the department: the Department of Corrections; the Department of Human Services; and the Department of Public Health.

(3) Two ex-offenders who are familiar with the issue of HIV/AIDS as it relates to incarceration, appointed by Governor. One of these members must be from Cook County, and the other must be from a county other than Cook. Both of these members must have received a final discharge from the Department of Corrections.

(4) Three representatives of HIV/AIDS organizations that have been in business for at least 2 years, appointed by Governor. In the case of such an organization that represents a constituency the majority of whom are African-American or Latinx, the organization's representative who is a member of the Panel must be African-American or Latinx.

(b) The Panel shall review the implementation of this Act within the Department of Corrections and shall file a report with the General Assembly and with the Governor every January 1 stating the results of its review.

(Source: P.A. 94-629, eff. 1-1-06.)

(410 ILCS 303/27)

(Section scheduled to be repealed on July 1, 2026)

Sec. 27. African-American and Latinx HIV/AIDS Response Fund.

(a) The African-American and Latinx HIV/AIDS Response Fund is created as a special fund in the State treasury. Moneys deposited into the Fund shall, subject to appropriation, be used for grants for programs to prevent the transmission of HIV and other programs and activities consistent with the purposes of this Act, including, but not limited to, preventing and treating HIV/AIDS, the creation of an HIV/AIDS service delivery system, and the administration of the Act. Moneys for the Fund shall come from appropriations by the General Assembly, federal funds, and other public resources.

(b) The Fund shall provide resources for communities in Illinois to create an HIV/AIDS service delivery system that reduces the disparity of HIV infection and AIDS cases between African-Americans and Latinxs and other population groups in Illinois that may be impacted by the disease by, including but, not limited to:

(1) developing, implementing, and maintaining a comprehensive, culturally sensitive HIV Prevention Plan targeting communities that are identified as high-risk in terms of the impact of the disease on African-Americans and Latinxs;

(2) developing, implementing, and maintaining a stable HIV/AIDS service delivery infrastructure in Illinois communities that will meet the needs of African-Americans and Latinxs;

(3) developing, implementing, and maintaining a statewide HIV/AIDS testing program;

(4) providing funding for HIV/AIDS social and scientific research to improve prevention and treatment;

(5) providing comprehensive technical and other assistance to African-American and Latinx community service organizations that are involved in HIV/AIDS prevention and treatment;

(6) developing, implementing, and maintaining an infrastructure for African-American and Latinx community service organizations to make them less dependent on government resources; and

(7) creating and maintaining at least 17 one-stop shopping HIV/AIDS facilities across the State.

(c) When providing grants pursuant to this Fund, the Department of Public Health shall give priority to the development of comprehensive medical and social services to African-Americans and Latinxs at risk of infection from or infected with HIV/AIDS in areas of the State determined to have the greatest geographic prevalence of HIV/AIDS in the African-American and Latinx population.

(d) The Section is repealed on July 1, 2026.

(Source: P.A. 99-54, eff. 1-1-16.)

(410 ILCS 303/30)

Sec. 30. Rules.

(a) No later than March 15, 2006, the Department of Public Health shall issue proposed rules for designating high-risk communities and for implementing subsection (c) of Section 15. The rules must include, but may not be limited to, a standard testing protocol, training for staff, community-based organization experience, and the removal and proper disposal of hazardous waste.

(b) The Department of Human Services, the Department of Public Health, and the Department of Corrections shall adopt rules as necessary to ensure that this Act is implemented within 6 months after the effective date of this Act.

(c) The Department of Public Health shall adopt rules necessary to implement and administer the African-American and Latinx HIV/AIDS Response Fund.

(Source: P.A. 94-629, eff. 1-1-06; 94-797, eff. 1-1-07.)

Section 99. Effective date. This Act takes effect upon becoming law.