94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2936


 
Introduced 1/20/2006, by Sen. Carol Ronen
 
SYNOPSIS AS INTRODUCED:
 		













New Act











    Creates the Ryan White Fund Validation Act. Validates    actions taken and grants made under  a Section of the Communicable Disease Prevention Act relating to the Ryan White Pediatric and Adult AIDS Fund (now repealed).  That Section was created by Public Act 88-669, which has been held to be unconstitutional as a violation of the single subject clause of the Illinois Constitution. Effective immediately.
















LRB094 19080 EFG 54588 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











SB2936

LRB094 19080 EFG 54588 b






1
    AN ACT concerning validation.

 
2
    Be it enacted by the People of the State of Illinois,
 
3
represented in the General Assembly:


 
4
    Section 1. Short title.  This Act may be cited as the Ryan 
5
White Fund Validation Act.
 
6
    Section 5. Findings; purpose; validation.  
7
    (a) The General Assembly finds and declares that:
8
        (1) Public Act 88-669 amended Section 2c of the  
9
    Communicable Disease Prevention Act, relating to the Ryan 
10
    White Pediatric and Adult AIDS Fund.  The amendment affected 
11
    the allocation of moneys in the Fund and required grants 
12
    from the Fund to be made by a competitive selection 
13
    process. Public Act 88-669 also contained many other 
14
    provisions.
15
        (2) Section 2c of the  Communicable Disease Prevention 
16
    Act was repealed by Public Act 92-790, effective August 6, 
17
    2002.
18
        (3) The Illinois Supreme Court declared Public Act 
19
    88-669 to be unconstitutional as a violation of the single 
20
    subject clause of the Illinois Constitution in People v. 
21
    Olender, Docket No. 98932, opinion filed December 15, 2005.
22
    (b) The purpose of this Act is to validate actions taken 
23
under Section 2c of the  Communicable Disease Prevention Act and 
24
to minimize or prevent any problems concerning those actions 
25
that may arise from the unconstitutionality of Public Act 
26
88-669.
27
    (c) All otherwise lawful actions taken before the effective 
28
date of this  Act in reliance on or pursuant to the provisions 
29
of Section 2c of the  Communicable Disease Prevention Act, as 
30
those provisions were set forth in Public Act 88-669 or as 
31
subsequently amended, by any officer, employee, or agency of 
32
State government or by any other person or entity, and all 
 


 






SB2936
- 2 -
LRB094 19080 EFG 54588 b




1
otherwise lawful grants made under that Section, are hereby 
2
validated, except to the extent prohibited under the Illinois 
3
or United States Constitution. 
4
    (d) This Act applies, without limitation, to actions 
5
pending on or after the effective date of this Act, except to 
6
the extent prohibited under the Illinois or United States 
7
Constitution.
 

8
    Section 99. Effective date. This Act takes effect upon 
9
becoming law.