Illinois General Assembly - Bill Status for HB 2578

Creates the African-American HIV/AIDS Response Act. Requires that each of the following designate an African-American HIV/AIDS Response Officer, responsible for coordinating efforts to address the African-American AIDS crisis within his or her respective Office or Department and serving as a liaison to governmental and non-governmental entities: the Office of the Governor; the Department of Human Services; the Department of Public Health; and the Department of Corrections. Provides that 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. Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois; provides that on its official Web site, the Department shall provide Web-friendly and printer-friendly versions of educational materials in connection with HIV and AIDS, targeted to persons presently or previously committed to the Department of Corrections or confined in a county jail, as well as family members and friends of such persons. Amends the Illinois Public Aid Code; provides that certain prohibitions against eligibility for cash assistance under the Code for persons convicted of certain drug offenses do not apply to an individual who has tested positive for HIV; requires the Department of Public Aid to seek federal approval to expand access to health care under the Medicaid program for persons living with HIV/AIDS. Amends the Unified Code of Corrections; requires the Department of Corrections to provide committed persons, their family members, and visitors with certain materials and services in connection with HIV/AIDS, including testing, counseling, and medical care. Amends the County Jail Act, and imposes similar requirements on sheriffs and wardens of county jails. Makes other changes. Effective January 1, 2006.

Adds provisions to the African-American HIV/AIDS Response Act. Provides that a State agency that is required to provide space for free HIV counseling and testing shall make appropriate arrangements with one or more local health organizations to conduct the counseling or testing; provides that such testing shall be the rapid testing authorized under the AIDS Confidentiality Act. Provides for a study by the HIV/AIDS Policy and Research Institute at Chicago State University to determine whether there is a correlation between incarceration and HIV infection. Provides for an HIV/AIDS Response Review Panel within the Department of Corrections to oversee the implementation of the African-American HIV/AIDS Response Act. Requires the Department of Human Services, the Department of Public Health, the Department of Corrections, and the Department of Central Management Services to adopt rules to ensure implementation of the Act within 6 months after the Act's effective date. In the provisions amending the Unified Code of Corrections, provides that: (1) an employee of the Department of Corrections may not directly or indirectly disclose the HIV/AIDS status of a person committed to the Department, or any other information related to HIV/AIDS testing, medical care, counseling, or case management with respect to a person committed to the Department, to any other person unless authorized to do so by the person committed to the Department; and (2) the Department shall ensure that written materials provided to visitors concerning HIV and AIDS are culturally sensitive and reflect cultural diversity as appropriate.

Replaces everything after the enacting clause with provisions substantially similar to those of House Bill 2578 as amended by House Amendment No. 1, creating the African-American HIV/AIDS Response Act and amending certain Acts, but with changes that include the following: (1) in the African-American HIV/AIDS Response Act, (i) provides that "high traffic facility" means such a facility as defined by the State agency operating the facility (instead of by CMS) and (ii) establishes the HIV/AIDS Response Review Panel within the Office of the Governor (instead of within the Department of Corrections); (2) deletes changes to the Illinois Public Aid Code in connection with ineligibility for cash assistance on account of certain drug convictions; (3) provides that the Department of Public Aid may (instead of shall) seek federal approval to expand access to health care for persons living with HIV/AIDS; (4) provides that TANF recipients may request a reasonable modification to the requirement of participation in the education, training, and employment program in order to accommodate a qualified individual with a disability (deletes a provision for an exemption from such participation based on a physician's determination); (5) in provisions amending the Unified Code of Corrections, (i) deletes certain references to "any other identified causative agent of" AIDS, (ii) requires the Department of Corrections to offer an inmate certain services (instead of providing such services), (iii) deletes a provision prohibiting the declaration of condoms as contraband, (iv) deletes certain references to the provision of services to inmates at no charge, and (v) deletes amendatory changes in connection with half-way houses; and (6) under the County Jail Act, provides that a warden shall obtain certain HIV/AIDS materials from the Department of Public Health (instead of developing such materials in consultation with the Department). Effective January 1, 2006.

Provides that implementation of the African-American HIV/AIDS Response Act is subject to appropriation. Provides that the amendatory changes to the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois, the Illinois Public Aid Code, the Unified Code of Corrections, and the County Jail Act are subject to appropriation.

In the African-American HIV/AIDS Response Act, provides that the Department of Public Health must adopt certain rules by March (instead of January) 15, 2006. Replaces the provisions amending the County Jail Act. Provides that in each county other than Cook, during the medical admissions exam, a correctional officer at the jail or a member of the jail's medical staff (as alternatives to the warden of the jail) must provide the prisoner with information concerning HIV and AIDS. Provides that the Department of Public Health and community-based organizations certified to provide HIV/AIDS testing must provide the informational materials to the warden at no cost to the county. Provides that the warden, a correctional officer, or a member of the jail medical staff must inform the prisoner of the option of being tested for infection with HIV by a certified local community-based agency or other available medical provider at no charge to the prisoner. Sets forth similar provisions for Cook County, but requires that the informational materials be provided by an employee of the Cook County Bureau of Health Services and requires that prisoners be provided with the option of counseling in connection with HIV/AIDS testing; also provides that HIV/AIDS testing is to be conducted by the Cook County Bureau of Health Services and shall consist of an enzyme-linked immunosorbent assay (ELISA) test or any other test approved by the Department of Public Health; provides that if the test result is positive, the Western Blot Assay or more reliable confirmatory test shall be administered. Provides that in each county, the warden must make HIV/AIDS information available to jail visitors (instead of must offer such information to visitors). Provides that the Department of Public Health and community-based organizations certified to provide HIV/AIDS testing must provide these informational materials to the warden at no cost to the office of the county sheriff. Provides that implementation of these provisions is subject to appropriation. Eliminates provisions concerning (1) signing of a form by prisoners, (2) the specific type of test required, and (3) a prisoner's entitlement to medical care.

In provisions amending the Unified Code of Corrections: (1) provides that a person committed to the Department of Corrections who has tested positive for infection with HIV (instead of a committed person who has tested positive for infection with HIV or any other identified causative agent of AIDS) is entitled to medical care while incarcerated (instead of simply "medical care"), counseling, and referrals to support services; and (2) requires the Department of Corrections to offer visitors information concerning how to contact the Illinois Department of Public Health for counseling information (instead of concerning persons or entities to contact for local counseling).

Date	Chamber	Action
8/19/2005	House	Public Act . . . . . . . . . 94-0629

Date	Chamber	Action
2/18/2005	House	Filed with the Clerk by Rep. Constance A. Howard
2/22/2005	House	First Reading
2/22/2005	House	Referred to Rules Committee
2/23/2005	House	Assigned to Human Services Committee
3/9/2005	House	House Amendment No. 1 Filed with Clerk by Human Services Committee
3/9/2005	House	House Amendment No. 1 Adopted in Human Services Committee; by Voice Vote
3/9/2005	House	Do Pass as Amended / Short Debate Human Services Committee; 010-000-000
3/10/2005	House	Placed on Calendar 2nd Reading - Short Debate
3/16/2005	House	Second Reading - Short Debate
3/16/2005	House	Held on Calendar Order of Second Reading - Short Debate
4/5/2005	House	Added Co-Sponsor Rep. William Delgado
4/5/2005	House	Added Co-Sponsor Rep. David E. Miller
4/5/2005	House	Added Co-Sponsor Rep. Lovana Jones
4/5/2005	House	Added Co-Sponsor Rep. Monique D. Davis
4/5/2005	House	Added Co-Sponsor Rep. Patricia Bailey
4/5/2005	House	Added Co-Sponsor Rep. Annazette Collins
4/5/2005	House	Added Co-Sponsor Rep. Milton Patterson
4/5/2005	House	Added Co-Sponsor Rep. Eddie Washington
4/6/2005	House	Fiscal Note Requested by Rep. William B. Black
4/6/2005	House	State Mandates Fiscal Note Requested by Rep. William B. Black
4/6/2005	House	Correctional Note Requested by Rep. William B. Black
4/8/2005	House	House Amendment No. 2 Filed with Clerk by Rep. Constance A. Howard
4/8/2005	House	House Amendment No. 2 Referred to Rules Committee
4/11/2005	House	House Amendment No. 2 Recommends Be Adopted Rules Committee; 003-000-000
4/12/2005	House	House Amendment No. 3 Filed with Clerk by Rep. Constance A. Howard
4/12/2005	House	House Amendment No. 3 Referred to Rules Committee
4/12/2005	House	Fiscal Note Filed As Amended by HA 2
4/12/2005	House	State Mandates Fiscal Note Filed As Amended by HA 1
4/12/2005	House	House Amendment No. 3 Recommends Be Adopted Rules Committee; 004-000-000
4/13/2005	House	Fiscal Note Filed
4/13/2005	House	Correctional Note Filed
4/13/2005	House	Fiscal Note Filed As Amended by HA 2
4/13/2005	House	Correctional Note Filed As Amended by HA 2
4/13/2005	House	House Amendment No. 2 Adopted by Voice Vote
4/13/2005	House	House Amendment No. 3 Adopted by Voice Vote
4/13/2005	House	Held on Calendar Order of Second Reading - Short Debate
4/13/2005	House	Added Chief Co-Sponsor Rep. Lovana Jones
4/13/2005	House	Added Chief Co-Sponsor Rep. Patricia Bailey
4/13/2005	House	Added Chief Co-Sponsor Rep. Sara Feigenholtz
4/13/2005	House	Added Chief Co-Sponsor Rep. Milton Patterson
4/13/2005	House	Removed Co-Sponsor Rep. Lovana Jones
4/13/2005	House	Removed Co-Sponsor Rep. Patricia Bailey
4/13/2005	House	Removed Co-Sponsor Rep. Milton Patterson
4/13/2005	House	Fiscal Note Requested by Rep. William B. Black; As Amended by HA 1,2,3
4/13/2005	House	Correctional Note Requested by Rep. William B. Black; As Amended by HA 1,2,3
4/13/2005	House	Fiscal Note Filed
4/13/2005	House	Correctional Note Filed As Amended by HA 3
4/13/2005	House	Fiscal Note Filed As Amended by HA 3
4/13/2005	House	Placed on Calendar Order of 3rd Reading - Short Debate
4/14/2005	House	Fiscal Note Filed As Amended by HA 2
4/14/2005	House	Third Reading - Short Debate - Passed 116-000-000
4/15/2005	Senate	Arrive in Senate
4/15/2005	Senate	Placed on Calendar Order of First Reading April 19, 2005
4/19/2005	Senate	Chief Senate Sponsor Sen. Kimberly A. Lightford
4/20/2005	Senate	Added as Alternate Chief Co-Sponsor Sen. Jacqueline Y. Collins
4/21/2005	Senate	First Reading
4/21/2005	Senate	Referred to Rules
4/21/2005	Senate	Assigned to Health & Human Services
4/21/2005	Senate	Added as Alternate Chief Co-Sponsor Sen. Kwame Raoul
4/25/2005	Senate	Added as Alternate Chief Co-Sponsor Sen. Iris Y. Martinez
5/5/2005	Senate	Do Pass Health & Human Services; 010-000-000
5/5/2005	Senate	Placed on Calendar Order of 2nd Reading May 10, 2005
5/5/2005	Senate	Senate Floor Amendment No. 1 Filed with Secretary by Sen. Kimberly A. Lightford
5/5/2005	Senate	Senate Floor Amendment No. 1 Referred to Rules
5/10/2005	Senate	Added as Alternate Chief Co-Sponsor Sen. Mattie Hunter
5/10/2005	Senate	Added as Alternate Co-Sponsor Sen. Rickey R. Hendon
5/12/2005	Senate	Added as Alternate Co-Sponsor Sen. Susan Garrett
5/12/2005	Senate	Added as Alternate Co-Sponsor Sen. James T. Meeks
5/16/2005	Senate	Senate Floor Amendment No. 2 Filed with Secretary by Sen. Kimberly A. Lightford
5/16/2005	Senate	Senate Floor Amendment No. 2 Referred to Rules
5/16/2005	Senate	Senate Floor Amendment No. 1 Rules Refers to Health & Human Services
5/16/2005	Senate	Senate Floor Amendment No. 2 Rules Refers to Health & Human Services
5/17/2005	Senate	Second Reading
5/17/2005	Senate	Placed on Calendar Order of 3rd Reading May 18, 2005
5/18/2005	Senate	Senate Floor Amendment No. 1 Recommend Do Adopt Health & Human Services; 008-000-000
5/18/2005	Senate	Senate Floor Amendment No. 2 Recommend Do Adopt Health & Human Services; 008-000-000
5/20/2005	Senate	Rule 2-10 Third Reading Deadline Extended to December 31, 2005
5/27/2005	Senate	Added as Alternate Co-Sponsor Sen. Don Harmon
5/27/2005	Senate	Added as Alternate Co-Sponsor Sen. James F. Clayborne, Jr.
5/27/2005	Senate	Added as Alternate Co-Sponsor Sen. M. Maggie Crotty
5/27/2005	Senate	Added as Alternate Co-Sponsor Sen. Arthur J. Wilhelmi
5/27/2005	Senate	Added as Alternate Co-Sponsor Sen. Terry Link
5/27/2005	Senate	Recalled to Second Reading
5/27/2005	Senate	Senate Floor Amendment No. 1 Adopted; Lightford
5/27/2005	Senate	Senate Floor Amendment No. 2 Adopted; Lightford
5/27/2005	Senate	Placed on Calendar Order of 3rd Reading
5/27/2005	Senate	Added as Alternate Co-Sponsor Sen. Donne E. Trotter
5/27/2005	Senate	Third Reading - Passed; 059-000-000
5/27/2005	House	Arrived in House
5/27/2005	House	Placed on Calendar Order of Concurrence Senate Amendment(s) 1,2
5/27/2005	House	Senate Floor Amendment No. 1 Motion Filed Concur Rep. Constance A. Howard
5/27/2005	House	Senate Floor Amendment No. 2 Motion Filed Concur Rep. Constance A. Howard
5/27/2005	House	Senate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee
5/27/2005	House	Senate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
5/27/2005	Senate	Added as Alternate Co-Sponsor Sen. Carol Ronen
5/28/2005	House	Senate Floor Amendment No. 1 Motion to Concur Recommends be Adopted Rules Committee; 003-002-000
5/28/2005	House	Senate Floor Amendment No. 2 Motion to Concur Recommends be Adopted Rules Committee; 003-002-000
5/28/2005	House	Senate Floor Amendment No. 1 House Concurs 113-000-000
5/28/2005	House	Senate Floor Amendment No. 2 House Concurs 113-000-000
5/28/2005	House	Passed Both Houses
6/24/2005	House	Sent to the Governor
8/19/2005	House	Governor Approved
8/19/2005	House	Effective Date January 1, 2006
8/19/2005	House	Public Act . . . . . . . . . 94-0629

	Fiscal Note (H-AM 2)(Office of the Secretary of State)
	If House Bill 2578 (H-AM 2) become law, the Secretary of State's office may be compelled to build, lease or otherwise obtain additional space adjacent to any facility designated a high-traffic facility in a high risk community.

	State Mandates Fiscal Note (H-AM 1)(Dept. of Commerce and Economic Opportunity)
	In the opinion of the Department of Commerce and Economic Opportunity, House Bill 2578 (H-AM 1) creates a service mandate under for which reimbursement of 50%-100% of the increased costs to units of local government is required under the State Mandates Act. An estimate of the increased costs to units of local government is not available.

	Fiscal Note (Dept of Corrections)
	House Bill 2578 has a fiscal impact of $750,000. There is no corrections populations impact.

	Correctional Note (Dept of Corrections)
	House Bill 2578 has a fiscal impact of $750,000. There is no corrections populations impact.

	Fiscal Note (H-AM 2)(Dept of Corrections)
	House Bill 2578 (H-AM 2) has a fiscal impact of $2,250,000. There is no corrections populations impact.

	Correctional Note (H-AM 2)(Dept of Corrections)
	House Bill 2578 (H-AM 2) has a fiscal impact of $2,250,000. There is no corrections populations impact.

	Fiscal Note (H-AM 2) (Dept. of Labor)
	This legislation will have little, if any, impact to the Department of Labor as it is not specifically mentioned in the legislation and it does not have high-traffic facilities that serve a high-risk community.

	Correctional Note (H-AM 3) (Dept. of Corrections)
	Corrections Population Impact: None. Fiscal Impact: Minimal.

	Fiscal Note (H-AM 3) (Dept. of Corrections)
	Corrections Population Impact: None. Fiscal Impact: Minimal.

	Fiscal Note (H-AM 2) (Dept. of Children & Family Services)
	The legislation would have minimal impact on the Department.

	Deletes reference to:
	305 ILCS 5/1-10