Bill Text: IL HB5187 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB5187 Detail]

Download: Illinois-2019-HB5187-Introduced.html

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(Section scheduled to be repealed on July 1, 2026)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 This Section is repealed on July 1, 2026.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

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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.

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"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,

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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

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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

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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

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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.)

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