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| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5187 Introduced , by Rep. Lamont J. Robinson, Jr. SYNOPSIS AS INTRODUCED:
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| 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 | |
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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 |
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| 1 | | AN ACT concerning health.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The State Finance Act is amended by changing |
| 5 | | Section 5.666 as follows:
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| 6 | | (30 ILCS 105/5.666)
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| 7 | | (Section scheduled to be repealed on July 1, 2026) |
| 8 | | Sec. 5.666. The African-American and Latinx HIV/AIDS |
| 9 | | Response Fund. This Section is repealed on July 1, 2026. |
| 10 | | (Source: P.A. 99-54, eff. 1-1-16.)
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| 11 | | Section 10. The African-American HIV/AIDS Response Act is |
| 12 | | amended by changing Sections 1, 5, 10, 15, 25, 27, and 30 as |
| 13 | | follows:
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| 14 | | (410 ILCS 303/1)
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| 15 | | Sec. 1. Short title. This Act may be cited as the |
| 16 | | African-American and Latinx HIV/AIDS Response Act.
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| 17 | | (Source: P.A. 94-629, eff. 1-1-06.)
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| 18 | | (410 ILCS 303/5)
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| 19 | | Sec. 5. Legislative finding. The General Assembly finds
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| 20 | | that HIV/AIDS in the African-American and Latinx communities |
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| 1 | | community is a crisis
separate and apart from the overall issue |
| 2 | | of HIV/AIDS in other
communities.
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| 3 | | (Source: P.A. 94-629, eff. 1-1-06.)
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| 4 | | (410 ILCS 303/10)
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| 5 | | Sec. 10. African-American and Latinx HIV/AIDS Response |
| 6 | | Officer. An African-American and Latinx HIV/AIDS Response |
| 7 | | Officer, responsible for coordinating efforts to address the |
| 8 | | African-American and Latinx AIDS crisis within his or her |
| 9 | | respective Office or Department and serving as a liaison to |
| 10 | | governmental and non-governmental entities beyond his or her |
| 11 | | respective Office or Department regarding the same, shall be |
| 12 | | designated in each of the following:
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| 13 | | (1) The Office of the Governor.
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| 14 | | (2) The Department of Human Services.
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| 15 | | (3) The Department of Public Health.
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| 16 | | (4) The Department of Corrections.
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| 17 | | (Source: P.A. 94-629, eff. 1-1-06.)
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| 18 | | (410 ILCS 303/15)
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| 19 | | Sec. 15. State agencies; HIV testing. |
| 20 | | (a) In this Section:
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| 21 | | "High-risk community" means a community designated as |
| 22 | | high-risk by the Department of Public Health in rules.
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| 23 | | "High-traffic facility" means a high-traffic facility as |
| 24 | | defined by the State agency operating the facility.
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| 1 | | "State agency" means (i) any department of State government |
| 2 | | created under Section 5-15 of the Departments of State |
| 3 | | Government Law of the Civil Administrative Code of Illinois or |
| 4 | | (ii) the Office of the Secretary of State.
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| 5 | | (b) The Department of Public Health shall coordinate the |
| 6 | | response to HIV/AIDS in the African-American and Latinx |
| 7 | | communities community. |
| 8 | | (c) A State agency that operates a facility that (i) is |
| 9 | | accessible to the public, (ii) is a high-traffic facility, and |
| 10 | | (iii) serves a high-risk community must provide the following |
| 11 | | in each such facility where space and security reasonably |
| 12 | | permit:
space for free HIV counseling and antibody testing to a |
| 13 | | community-based organization licensed to do testing, in |
| 14 | | accordance with the AIDS Confidentiality Act and rules adopted |
| 15 | | by the Department of Public Health.
The State agency or its |
| 16 | | employees shall not conduct any counseling or testing required |
| 17 | | to be provided under this subsection, but the agency shall make |
| 18 | | appropriate arrangements with one or more certified |
| 19 | | community-based organizations to conduct the counseling or |
| 20 | | testing. The testing required to be provided under this |
| 21 | | subsection is the rapid testing authorized under Section 5.5 of |
| 22 | | the AIDS Confidentiality Act. |
| 23 | | (d) Neither the State of Illinois nor any State agency |
| 24 | | supplying space for services authorized by this Section shall |
| 25 | | be liable for damages based on the provision of such space or |
| 26 | | claimed to result from any services performed in such space, |
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| 1 | | except that this immunity does not apply in the case of willful |
| 2 | | and wanton misconduct.
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| 3 | | (Source: P.A. 94-629, eff. 1-1-06.)
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| 4 | | (410 ILCS 303/25)
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| 5 | | Sec. 25. HIV/AIDS Response Review Panel. |
| 6 | | (a) The HIV/AIDS Response Review Panel is established |
| 7 | | within the Office of the Governor. The Panel shall consist of |
| 8 | | the 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 |
| 4 | | within the Department of Corrections and shall file a report |
| 5 | | with the General Assembly and with the Governor every January 1 |
| 6 | | stating the results of its review.
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| 7 | | (Source: P.A. 94-629, eff. 1-1-06.)
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| 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 |
| 11 | | Fund. |
| 12 | | (a) The African-American and Latinx HIV/AIDS Response Fund |
| 13 | | is created as a special fund in the State treasury. Moneys |
| 14 | | deposited into the Fund shall, subject to appropriation, be |
| 15 | | used for grants for programs to prevent the transmission of HIV |
| 16 | | and other programs and activities consistent with the purposes |
| 17 | | of this Act, including, but not limited to, preventing and |
| 18 | | treating HIV/AIDS, the creation of an HIV/AIDS service delivery |
| 19 | | system, and the administration of the Act. Moneys for the Fund |
| 20 | | shall come from appropriations by the General Assembly, federal |
| 21 | | funds, and other public resources. |
| 22 | | (b) The Fund shall provide resources for communities in |
| 23 | | Illinois to create an HIV/AIDS service delivery system that |
| 24 | | reduces the disparity of HIV infection and AIDS cases between |
| 25 | | African-Americans and Latinxs and other population groups in |
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| 1 | | Illinois that may be impacted by the disease by, including but, |
| 2 | | not 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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| 1 | | Department of Public Health shall give priority to the |
| 2 | | development of comprehensive medical and social services to |
| 3 | | African-Americans and Latinxs at risk of infection from or |
| 4 | | infected with HIV/AIDS in areas of the State determined to have |
| 5 | | the greatest geographic prevalence of HIV/AIDS in the |
| 6 | | African-American and Latinx population. |
| 7 | | (d) The Section is repealed on July 1, 2026.
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| 8 | | (Source: P.A. 99-54, eff. 1-1-16.)
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| 9 | | (410 ILCS 303/30)
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| 10 | | Sec. 30. Rules. |
| 11 | | (a) No later than March 15, 2006, the Department of Public |
| 12 | | Health shall issue proposed rules for designating high-risk |
| 13 | | communities and for implementing subsection (c) of Section 15. |
| 14 | | The rules must include, but may not be limited to, a standard |
| 15 | | testing protocol, training for staff, community-based |
| 16 | | organization experience, and the removal and proper disposal of |
| 17 | | hazardous waste. |
| 18 | | (b) The Department of Human Services, the Department of |
| 19 | | Public Health, and the Department of Corrections shall adopt |
| 20 | | rules as necessary to ensure that this Act is implemented |
| 21 | | within 6 months after the effective date of this Act. |
| 22 | | (c) The Department of Public Health shall adopt rules |
| 23 | | necessary to implement and administer the African-American and |
| 24 | | Latinx HIV/AIDS Response Fund.
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| 25 | | (Source: P.A. 94-629, eff. 1-1-06; 94-797, eff. 1-1-07.)
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