Rep. Constance A. Howard

Filed: 3/26/2009

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3653

2     AMENDMENT NO. ______. Amend House Bill 3653 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The African-American HIV/AIDS Response Act is
5 amended by changing Sections 10, 25, 27, and 30 as follows:
 
6     (410 ILCS 303/10)
7     Sec. 10. Administration. African-American HIV/AIDS
8 Response Officer. The Department of Human Services shall
9 administer this Act. For the purpose of this Act, "Department"
10 means the Department of Human Services. An African-American
11 HIV/AIDS Response Officer, responsible for coordinating
12 efforts to address the African-American AIDS crisis within his
13 or her respective Office or Department and serving as a liaison
14 to governmental and non-governmental entities beyond his or her
15 respective Office or Department regarding the same, shall be
16 designated in each of the following:

 

 

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1         (1) The Office of the Governor.
2         (2) The Department of Human Services.
3         (3) The Department of Public Health.
4         (4) The Department of Corrections.
5 (Source: P.A. 94-629, eff. 1-1-06.)
 
6     (410 ILCS 303/25)
7     Sec. 25. HIV/AIDS Advisory Committee Response Review
8 Panel. There is created the African-American HIV/AIDS Advisory
9 Committee within the Department. The Advisory Committee shall
10 consist of 7 members, one each appointed by the Governor, the
11 President of the Senate, the Senate Minority Leader, the
12 Speaker of the House, and the House Minority Leader and 2
13 appointed by the Secretary of the Department. The Advisory
14 Committee shall meet quarterly. The members of the Advisory
15 Committee shall receive no compensation for their services as
16 members of the Advisory Committee but may be reimbursed for
17 their actual expenses incurred in serving on the Advisory
18 Committee.
19     The Advisory Committee shall advise the Department in
20 establishing criteria and priorities for identifying
21 recipients of grants under this Section, including offering
22 priority for grants to applicants that receive limited State
23 funding, as determined by the Advisory Committee. The Advisory
24 Committee shall seek any available federal funding.
25     (a) The HIV/AIDS Response Review Panel is established

 

 

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1 within the Office of the Governor. The Panel shall consist of
2 the following members:
3         (1) One member appointed by the Governor. This member
4     shall serve as the Chair of the Panel.
5         (2) One representative of each of the following,
6     appointed by the head of the department: the Department of
7     Corrections; the Department of Human Services; and the
8     Department of Public Health.
9         (3) Two ex-offenders who are familiar with the issue of
10     HIV/AIDS as it relates to incarceration, appointed by
11     Governor. One of these members must be from Cook County,
12     and the other must be from a county other than Cook. Both
13     of these members must have received a final discharge from
14     the Department of Corrections.
15         (4) Three representatives of HIV/AIDS organizations
16     that have been in business for at least 2 years, appointed
17     by Governor. In the case of such an organization that
18     represents a constituency the majority of whom are
19     African-American, the organization's representative who is
20     a member of the Panel must be African-American.
21     (b) The Panel shall review the implementation of this Act
22 within the Department of Corrections and shall file a report
23 with the General Assembly and with the Governor every January 1
24 stating the results of its review.
25 (Source: P.A. 94-629, eff. 1-1-06.)
 

 

 

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1     (410 ILCS 303/27)
2     (Section scheduled to be repealed on July 1, 2016)
3     Sec. 27. African-American HIV/AIDS Response Fund.
4     (a) The African-American HIV/AIDS Response Fund is created
5 as a special fund in the State treasury. Moneys deposited into
6 the Fund shall, subject to appropriation, be used for grants to
7 community-based organizations for either direct-care
8 prevention and treatment services or educational and awareness
9 programs, but not both. No community-based organization may
10 receive a grant of more than $100,000 under this Section in a
11 fiscal year. for programs to prevent the transmission of HIV
12 and other programs and activities consistent with the purposes
13 of this Act, including, but not limited to, preventing and
14 treating HIV/AIDS, the creation of an HIV/AIDS service delivery
15 system, and the administration of the Act. Moneys for the Fund
16 shall come from appropriations by the General Assembly, federal
17 funds, and other public resources.
18     (b) In order to be eligible to apply for a grant, a
19 community-based organization must be a private not-for-profit
20 organization that is located in an Illinois community serving
21 an African-American population with a high risk of HIV/AIDS
22 infection, as defined by the Department by administrative rule.
23 The Fund shall provide resources for communities in Illinois to
24 create an HIV/AIDS service delivery system that reduces the
25 disparity of HIV infection and AIDS cases between
26 African-Americans and other population groups in Illinois that

 

 

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1 may be impacted by the disease by, including but, not limited
2 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;
7         (2) developing, implementing, and maintaining a stable
8     HIV/AIDS service delivery infrastructure in Illinois
9     communities that will meet the needs of African-Americans;
10         (3) developing, implementing, and maintaining a
11     statewide HIV/AIDS testing program;
12         (4) providing funding for HIV/AIDS social and
13     scientific research to improve prevention and treatment;
14         (5) providing comprehensive technical and other
15     assistance to African-American community service
16     organizations that are involved in HIV/AIDS prevention and
17     treatment;
18         (6) developing, implementing, and maintaining an
19     infrastructure for African-American community service
20     organizations to make them less dependent on government
21     resources; and
22         (7) creating and maintaining at least 17 one-stop
23     shopping HIV/AIDS facilities across the State.
24     (c) The Department shall adopt rules setting forth the
25 required form and content of grant applications and a schedule
26 for application deadlines. When providing grants pursuant to

 

 

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1 this Fund, the Department of Public Health shall give priority
2 to the development of comprehensive medical and social services
3 to African-Americans at risk of infection from or infected with
4 HIV/AIDS in areas of the State determined to have the greatest
5 geographic prevalence of HIV/AIDS in the African-American
6 population.
7     (d) The Section is repealed on July 1, 2016.
8 (Source: P.A. 94-797, eff. 1-1-07.)
 
9     (410 ILCS 303/30)
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
24 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     (410 ILCS 303/15 rep.)
2     (410 ILCS 303/20 rep.)
3     (410 ILCS 303/35 rep.)
4     (410 ILCS 303/90 rep.)
5     (410 ILCS 303/92 rep.)
6     (410 ILCS 303/94 rep.)
7     (410 ILCS 303/95 rep.)
8     Section 10. The African-American HIV/AIDS Response Act is
9 amended by repealing Sections 15, 20, 35, 90, 92, 94, and 95.
 
10     Section 99. Effective date. This Act takes effect July 1,
11 2009.".