Sen. Susan Garrett

Validates actions taken under the Illinois Research Park Authority Act (now repealed). That Act was created by Public Act 88-669, which has been held to be unconstitutional as a violation of the single subject clause of the Illinois Constitution. Affirms obligations arising under any bonds issued or contracts made under powers purportedly derived directly or indirectly from the Illinois Research Park Authority Act. Amends the Illinois Finance Authority Act to explicitly authorize the exercise of functions purportedly transferred from the Illinois Research Park Authority to the Illinois Finance Authority. Effective immediately.

Amends the Mental Health and Developmental Disabilities Administrative Act. Provides that any owner or operator of a community agency who is identified by the nurse aide registry as having been the subject of a substantiated finding of abuse or neglect of a service recipient is prohibited from any involvement in any capacity with the provision of Department funded mental health or developmental disability services. Amends the Abused and Neglected Long Term Care Facility Residents Reporting Act. Provides that an individual who is a member of a collective bargaining unit shall not be reported to the Department of Public Health's nurse aide registry as an individual against whom there has been a substantiated finding of physical or sexual abuse or egregious neglect of a service recipient until the exhaustion of that individual's grievance and arbitration rights, or until 3 months after the initiation of the grievance process, whichever occurs first, provided that the Department of Human Services' hearing under these provisions regarding the reporting of an individual to the Department of Public Health's nurse aide registry (instead of the Department's hearing under provisions concerning investigations by the Inspector General, which is separate and distinct from the Office of the Inspector General's appeals process) has concluded. Effective immediately.

Amends the Abuse Prevention Review Team Act and the Nursing Home Care Act. Provides that to the extent permitted by federal law, the Department of Public Health shall use moneys from fines paid by facilities licensed under the Nursing Home Care Act for violating requirements for certification under Titles XVIII and XIX of the Social Security Act to implement the Abuse Prevention Review Team Act. Provides that the Department shall use moneys deposited in the Long Term Care Monitor/Receiver Fund to pay the costs of implementing the Abuse Prevention Review Team Act that cannot be met by the use of federal civil monetary penalties. Repeals the provision that repeals the Abuse Prevention Review Team Act on July 1, 2006. Effective immediately.

Amends the Illinois Vehicle Code. Provides that a vehicle using diesel fuel with a Gross Vehicle Weight Rating of more than 8,000 pounds may not have its engine idling for more than 5 minutes within any 60 minute period. Creates exemptions. Provides that a person who operates a vehicle in violation of the provision is guilty of a petty offense punishable by a fine of $50 for a first offense and $150 for a second or subsequent offense within any 12 month period.

Amends the Property Tax Code. Re-enacts the Senior Citizens Assessment Freeze Homestead Exemption. The exemption was created by Public Act 88-669, which has been held to be unconstitutional as a violation of the single subject clause of the Illinois Constitution. Includes validation provisions. Increases the maximum reduction for the Senior Citizens Homestead Exemption from $3,000 to $3,500 for taxable years 2006 and thereafter. Increases the maximum income limitation in the Senior Citizens Assessment Freeze Homestead Exemption from $45,000 to $50,000 for taxable years 2006 and thereafter. Amends the Senior Citizens Real Estate Tax Deferral Act. Increases the maximum income limitation under the Act from $40,000 to $45,000 for taxable years 2006 and thereafter. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

Creates the African-American HIV/AIDS Response Act. Requires that each of the following designate an African-American HIV/AIDS Response Officer, responsible for coordinating efforts to address the African-American AIDS crisis within his or her respective Office or Department and serving as a liaison to governmental and non-governmental entities: the Office of the Governor; the Department of Human Services; the Department of Public Health; and the Department of Corrections. Provides that 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. Amends the Department of Public Health Powers and Duties Law of the Civil Administrative Code of Illinois; provides that on its official Web site, the Department shall provide Web-friendly and printer-friendly versions of educational materials in connection with HIV and AIDS, targeted to persons presently or previously committed to the Department of Corrections or confined in a county jail, as well as family members and friends of such persons. Amends the Illinois Public Aid Code; provides that certain prohibitions against eligibility for cash assistance under the Code for persons convicted of certain drug offenses do not apply to an individual who has tested positive for HIV; requires the Department of Public Aid to seek federal approval to expand access to health care under the Medicaid program for persons living with HIV/AIDS. Amends the Unified Code of Corrections; requires the Department of Corrections to provide committed persons, their family members, and visitors with certain materials and services in connection with HIV/AIDS, including testing, counseling, and medical care. Amends the County Jail Act, and imposes similar requirements on sheriffs and wardens of county jails. Makes other changes. Effective January 1, 2006.

Amends the Illinois Clean Indoor Air Act. Provides that a home rule unit of local government or any municipality in this State may regulate smoking in public places. Provides that this regulation must be no less restrictive than the regulation in the Act. Changes the home rule limitation from an absolute preemption to a limitation on the concurrent exercise of home rule power. Maintains the exemption from home rule requirements for home rule units that passed ordinances regulating smoking before October 1, 1989. Limits the concurrent exercise of home rule powers.

Amends the State Comptroller Act. Makes technical changes in a Section concerning the short title.

Amends the School Code. With regard to funds appropriated from the Driver Education Fund to the State Board of Education for reimbursement to school districts for providing driver education, provides that (i) as soon as may be after each quarter of the year, the State Comptroller shall draw his or her warrants upon the State Treasurer as directed by the State Board of Education, (ii) the warrant for each quarter shall be in an amount equal to one-fourth of the total amount to be distributed to school districts for the year, and (iii) payments shall be made to school districts as soon as may be after receipt of the warrants. Effective immediately.

Amends the Human Services 211 Collaboration Board Act. Makes a technical change in a Section concerning the short title.