SB3615 104TH GENERAL ASSEMBLY

LRB104 17033 BDA 30448 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3615

Introduced 2/5/2026, by Sen. Kimberly A. Lightford

SYNOPSIS AS INTRODUCED:

410 ILCS 303/27
410 ILCS 303/30
410 ILCS 303/10 rep.
410 ILCS 303/25 rep.

Amends the African-American HIV/AIDS Response Act. Provides that, on August 1, 2026, and August 1 of each year thereafter, the Comptroller shall order transferred and the Treasurer shall transfer from the General Revenue Fund to the African-American HIV/AIDS Response Fund a sum equal to the difference between (i) $15,000,000 and (ii) the amount appropriated to the African-American HIV/AIDS Response Fund by the General Assembly for the award of African-American HIV/AIDS Response Grants in the then current State fiscal year. Directs the Department of Public Health to adopt specified revisions to the rules in the African-American HIV/AIDS Response Code (77 Ill. Adm. Code Part 691) concerning the award of African-American HIV/AIDS Response Grants. Repeals provisions in the Act concerning African-American HIV/AIDS Response Officers and the HIV/AIDS Response Review Panel. Effective immediately.

A BILL FOR

AN ACT concerning health.

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

Section 5. The African-American HIV/AIDS Response Act is amended by changing Sections 27 and 30 as follows:

(410 ILCS 303/27)

Sec. 27. African-American HIV/AIDS Response Fund.

(a) The African-American 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. The grants under this Section may be administered by a lead agent selected by the Department of Public Health, considering the entity's ability to administer grants and familiarity with the grantees' programs, and that selection shall be exempt from the public notice of funding opportunity under the Grant Accountability and Transparency Act or any rule regarding the public notice of funding opportunity adopted under that Act. The lead agent must demonstrate the ability to administer the grant to subgrantees in compliance with the requirements of the Grant Accountability and Transparency Act. Moneys for the Fund shall come from appropriations by the General Assembly, federal funds, and other public resources. On August 1, 2026, and August 1 of each year thereafter, the Comptroller shall order transferred and the Treasurer shall transfer from the General Revenue Fund to the African-American HIV/AIDS Response Fund a sum equal to the difference between (i) $15,000,000 and (ii) the amount appropriated to the African-American HIV/AIDS Response Fund by the General Assembly for the award of African-American HIV/AIDS Response Grants in the then current State fiscal year.

(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 other population groups in 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;

(2) developing, implementing, and maintaining a stable HIV/AIDS service delivery infrastructure in Illinois communities that will meet the needs of African-Americans;

(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 operational support and other assistance to African-American community service organizations that are involved in HIV/AIDS prevention and treatment;

(6) developing, implementing, and maintaining an infrastructure for African-American community service organizations to make them less dependent on government resources;

(7) (blank); and

(8) creating, maintaining, or creating and maintaining at least one Black-led Center of Excellence HIV Biomedical Resource Hub for every $3,000,000 of available funding to improve Black health and eliminate Black HIV-related health disparities; a Center of Excellence may be developed on a stand-alone or a collaborative basis and may provide regional comprehensive HIV preventative care and essential support services, which may include, but are not limited to, PrEP assessment, same day prescription delivery, primary HIV medical care or referral, case management, outpatient mental health, outpatient substance abuse, treatment, medication adherence, nutritional supplemental support, housing, financial assistance, workforce development, criminal justice involvement, and advocacy services.

(c) When providing grants pursuant to this Fund, the Department of Public Health shall give priority to the development of comprehensive medical and social services to African-Americans 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 population.

(d) (Blank).

(Source: P.A. 102-1052, eff. 1-1-23; 103-588, eff. 6-5-24.)

(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 HIV/AIDS Response Fund.

(d) As soon as practical after the effective date of this amendatory Act of the 104th General Assembly, the Department of Public Health shall adopt amendments to the rules set forth in the African-American HIV/AIDS Response Code (77 Ill. Adm. Code Part 691) to provide that:

(1) As used in the African-American HIV/AIDS Response Code, "African-American community-based organization" means an organization that is in good standing with the State of Illinois, has a board of directors of which a majority of the founding members were African-American individuals, provides a majority of its services to African-American individuals and families who are or have been impacted by HIV, is physically located in the community to be served, provides HIV/AIDS services in communities that are primarily populated by individuals and families that identify as African-American, and has been in existence for at least one year at the time of applying for an African-American HIV/AIDS Response Grant under the African-American HIV/AIDS Response Code.

(2) The Department of Public Health shall accept applications for the award of African-American HIV/AIDS Response Grants under the African-American HIV/AIDS Response Code between March 1 and April 30 of each year.

(3) Any funds that are awarded to a grant recipient under the African-American HIV/AIDS Response Code from the African-American HIV/AIDS Response Fund for an African-American HIV/AIDS Response Grant for a fiscal year but that are not expended by the grant recipient in that year may be used by the grant recipient for the same purposes in the immediately following fiscal year without subsequent application by the grant recipient.

(4) African-American HIV/AIDS Response Grants shall be annually awarded to at least 15 different African-American community-based organizations.

(Source: P.A. 94-629, eff. 1-1-06; 94-797, eff. 1-1-07.)

(410 ILCS 303/10 rep.)

(410 ILCS 303/25 rep.)

Section 10. The African-American HIV/AIDS Response Act is amended by repealing Sections 10 and 25.

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