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.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5187LRB101 18930 CPF 68389 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Finance Act is amended by changing
5Section 5.666 as follows:
 
6    (30 ILCS 105/5.666)
7    (Section scheduled to be repealed on July 1, 2026)
8    Sec. 5.666. The African-American and Latinx HIV/AIDS
9Response Fund. This Section is repealed on July 1, 2026.
10(Source: P.A. 99-54, eff. 1-1-16.)
 
11    Section 10. The African-American HIV/AIDS Response Act is
12amended by changing Sections 1, 5, 10, 15, 25, 27, and 30 as
13follows:
 
14    (410 ILCS 303/1)
15    Sec. 1. Short title. This Act may be cited as the
16African-American and Latinx HIV/AIDS Response Act.
17(Source: P.A. 94-629, eff. 1-1-06.)
 
18    (410 ILCS 303/5)
19    Sec. 5. Legislative finding. The General Assembly finds
20that HIV/AIDS in the African-American and Latinx communities

 

 

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1community is a crisis separate and apart from the overall issue
2of HIV/AIDS in other communities.
3(Source: P.A. 94-629, eff. 1-1-06.)
 
4    (410 ILCS 303/10)
5    Sec. 10. African-American and Latinx HIV/AIDS Response
6Officer. An African-American and Latinx HIV/AIDS Response
7Officer, responsible for coordinating efforts to address the
8African-American and Latinx AIDS crisis within his or her
9respective Office or Department and serving as a liaison to
10governmental and non-governmental entities beyond his or her
11respective Office or Department regarding the same, shall be
12designated in each of the following:
13        (1) The Office of the Governor.
14        (2) The Department of Human Services.
15        (3) The Department of Public Health.
16        (4) The Department of Corrections.
17(Source: P.A. 94-629, eff. 1-1-06.)
 
18    (410 ILCS 303/15)
19    Sec. 15. State agencies; HIV testing.
20    (a) In this Section:
21    "High-risk community" means a community designated as
22high-risk by the Department of Public Health in rules.
23    "High-traffic facility" means a high-traffic facility as
24defined by the State agency operating the facility.

 

 

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1    "State agency" means (i) any department of State government
2created under Section 5-15 of the Departments of State
3Government Law of the Civil Administrative Code of Illinois or
4(ii) the Office of the Secretary of State.
5    (b) The Department of Public Health shall coordinate the
6response to HIV/AIDS in the African-American and Latinx
7communities community.
8    (c) A State agency that operates a facility that (i) is
9accessible to the public, (ii) is a high-traffic facility, and
10(iii) serves a high-risk community must provide the following
11in each such facility where space and security reasonably
12permit: space for free HIV counseling and antibody testing to a
13community-based organization licensed to do testing, in
14accordance with the AIDS Confidentiality Act and rules adopted
15by the Department of Public Health. The State agency or its
16employees shall not conduct any counseling or testing required
17to be provided under this subsection, but the agency shall make
18appropriate arrangements with one or more certified
19community-based organizations to conduct the counseling or
20testing. The testing required to be provided under this
21subsection is the rapid testing authorized under Section 5.5 of
22the AIDS Confidentiality Act.
23    (d) Neither the State of Illinois nor any State agency
24supplying space for services authorized by this Section shall
25be liable for damages based on the provision of such space or
26claimed to result from any services performed in such space,

 

 

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1except that this immunity does not apply in the case of willful
2and wanton misconduct.
3(Source: P.A. 94-629, eff. 1-1-06.)
 
4    (410 ILCS 303/25)
5    Sec. 25. HIV/AIDS Response Review Panel.
6    (a) The HIV/AIDS Response Review Panel is established
7within the Office of the Governor. The Panel shall consist of
8the following members:
9        (1) One member appointed by the Governor. This member
10    shall serve as the Chair of the Panel.
11        (2) One representative of each of the following,
12    appointed by the head of the department: the Department of
13    Corrections; the Department of Human Services; and the
14    Department of Public Health.
15        (3) Two ex-offenders who are familiar with the issue of
16    HIV/AIDS as it relates to incarceration, appointed by
17    Governor. One of these members must be from Cook County,
18    and the other must be from a county other than Cook. Both
19    of these members must have received a final discharge from
20    the Department of Corrections.
21        (4) Three representatives of HIV/AIDS organizations
22    that have been in business for at least 2 years, appointed
23    by Governor. In the case of such an organization that
24    represents a constituency the majority of whom are
25    African-American or Latinx, the organization's

 

 

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1    representative who is a member of the Panel must be
2    African-American or Latinx.
3    (b) The Panel shall review the implementation of this Act
4within the Department of Corrections and shall file a report
5with the General Assembly and with the Governor every January 1
6stating the results of its review.
7(Source: P.A. 94-629, eff. 1-1-06.)
 
8    (410 ILCS 303/27)
9    (Section scheduled to be repealed on July 1, 2026)
10    Sec. 27. African-American and Latinx HIV/AIDS Response
11Fund.
12    (a) The African-American and Latinx HIV/AIDS Response Fund
13is created as a special fund in the State treasury. Moneys
14deposited into the Fund shall, subject to appropriation, be
15used for grants for programs to prevent the transmission of HIV
16and other programs and activities consistent with the purposes
17of this Act, including, but not limited to, preventing and
18treating HIV/AIDS, the creation of an HIV/AIDS service delivery
19system, and the administration of the Act. Moneys for the Fund
20shall come from appropriations by the General Assembly, federal
21funds, and other public resources.
22    (b) The Fund shall provide resources for communities in
23Illinois to create an HIV/AIDS service delivery system that
24reduces the disparity of HIV infection and AIDS cases between
25African-Americans and Latinxs and other population groups in

 

 

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1Illinois that may be impacted by the disease by, including but,
2not limited to:
3        (1) developing, implementing, and maintaining a
4    comprehensive, culturally sensitive HIV Prevention Plan
5    targeting communities that are identified as high-risk in
6    terms of the impact of the disease on African-Americans and
7    Latinxs;
8        (2) developing, implementing, and maintaining a stable
9    HIV/AIDS service delivery infrastructure in Illinois
10    communities that will meet the needs of African-Americans
11    and Latinxs;
12        (3) developing, implementing, and maintaining a
13    statewide HIV/AIDS testing program;
14        (4) providing funding for HIV/AIDS social and
15    scientific research to improve prevention and treatment;
16        (5) providing comprehensive technical and other
17    assistance to African-American and Latinx community
18    service organizations that are involved in HIV/AIDS
19    prevention and treatment;
20        (6) developing, implementing, and maintaining an
21    infrastructure for African-American and Latinx community
22    service organizations to make them less dependent on
23    government resources; and
24        (7) creating and maintaining at least 17 one-stop
25    shopping HIV/AIDS facilities across the State.
26    (c) When providing grants pursuant to this Fund, the

 

 

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1Department of Public Health shall give priority to the
2development of comprehensive medical and social services to
3African-Americans and Latinxs at risk of infection from or
4infected with HIV/AIDS in areas of the State determined to have
5the greatest geographic prevalence of HIV/AIDS in the
6African-American and Latinx population.
7    (d) The Section is repealed on July 1, 2026.
8(Source: P.A. 99-54, eff. 1-1-16.)
 
9    (410 ILCS 303/30)
10    Sec. 30. Rules.
11    (a) No later than March 15, 2006, the Department of Public
12Health shall issue proposed rules for designating high-risk
13communities and for implementing subsection (c) of Section 15.
14The rules must include, but may not be limited to, a standard
15testing protocol, training for staff, community-based
16organization experience, and the removal and proper disposal of
17hazardous waste.
18    (b) The Department of Human Services, the Department of
19Public Health, and the Department of Corrections shall adopt
20rules as necessary to ensure that this Act is implemented
21within 6 months after the effective date of this Act.
22    (c) The Department of Public Health shall adopt rules
23necessary to implement and administer the African-American and
24Latinx HIV/AIDS Response Fund.
25(Source: P.A. 94-629, eff. 1-1-06; 94-797, eff. 1-1-07.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.