HB1429ham003 104TH GENERAL ASSEMBLY

Rep. Kevin John Olickal

Filed: 4/14/2026

10400HB1429ham003 LRB104 06164 JRC 36773 a

AMENDMENT TO HOUSE BILL 1429

AMENDMENT NO. ______. Amend House Bill 1429, by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Local Regulation of Unsheltered Homelessness Act.

Section 5. Definitions. As used in this Act:

"Governmental entity" means a municipality, unit of local government, special district, or other unit of local government as designated by law other than school districts.

"Imminent risk" includes, but is not limited to, imminent extreme weather, such as flooding or a tornado; an encampment existing in the road or highway right-of-way that poses a risk to encampment residents, the motoring public, or the infrastructure; or an explosive device existing in an encampment. Individual complaints or public pressure may not be the sole factor and is not an allowable factor in determining imminent risk.

"Life-sustaining activities" includes, but are not limited to, moving, resting, sitting, standing, lying down, sleeping, protecting oneself from the elements, eating, drinking (excluding alcohol), and storing personal property as needed to shelter oneself. Governmental entities may enforce federal, State, or local statutes or ordinances against conduct that does not meet the definition of life-sustaining activities. Governmental entities may establish reasonable standards for personal property necessary to shelter oneself.

"Personal property" means any item that is reasonably recognizable as belonging to a person and appearing to have utility or monetary value. "Personal property" does not include personal property that is unsanitary to store or otherwise maintain, any weapon possessed illegally, drug paraphernalia, or any items of food that can reasonably be expected to spoil or otherwise perish within the next 30 days.

"Unsheltered homelessness" means an individual or family who lacks a fixed, regular, and adequate nighttime residence, meaning an individual or family with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport, or camping ground.

Section 10. Regulation of unsheltered homelessness.

(a) A governmental entity may not establish or enforce ordinances or policies that include fines or criminal penalties against people experiencing unsheltered homelessness for solely participating in life-sustaining activity on public property if the activities do not physically prevent pedestrian or vehicular traffic in such a manner that creates a hazard to others. A governmental entity may remove a person to ensure compliance with hours of operation, reservation, or scheduled use of the property or facilities as long as no fine, fee, or other penalty is assessed.

(b) Before removing a site or individual, the governmental entity shall post a notice 3 business days before removal is required, unless immediate removal of the site is deemed necessary for one of the following reasons:

(1) immediate removal of the individual experiencing unsheltered homelessness is necessary to maintain access to and use of a property;

(2) immediate removal of the individual experiencing unsheltered homelessness is necessary to ensure compliance with hours of operation, reservation, or scheduled use of property or facilities;

(3) immediate removal of the individual experiencing unsheltered homelessness is necessary due to an imminent risk as defined in Section 5 of this Act and is an immediate and likely risk to the safety of the unsheltered individual, other individuals, or local community; or

(4) immediate removal of the individual experiencing unsheltered homelessness is necessary because of a permitted event or use.

If immediate removal is undertaken, the basis for causing the immediate removal of an individual must be adequately documented by the appropriate person or department. Documentation must be maintained in accordance with the Local Records Act.

Section 15. Enforcement. Enforcement under this Act must comply with the Community Emergency Services and Support Act. The enforcing entity must make a good-faith effort, as is practicable given its resources, to provide or refer persons subject to enforcement with transportation, social services, and other resources to remedy their immediate shelter and long-term housing needs. Nothing in this Act may be interpreted as a prohibition on a governmental entity contacting persons experiencing unsheltered homelessness to provide or refer them to transportation, social services, and other resources to remedy their immediate shelter and long-term housing needs.

Section 20. Disposition and release of personal property. All personal property as defined by this Act that is removed from any site under this Act may be stored by the appropriate law enforcement agency or the government entity for a minimum of 30 days during which time it can be reasonably available for and released to an individual confirming ownership.

Section 25. Home rule. A home rule unit may not regulate unsheltered homelessness in a manner that is inconsistent with this Act. This Act is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

Section 90. The Department of Human Services Act is amended by changing Section 10-75 as follows:

(20 ILCS 1305/10-75)

Sec. 10-75. Homelessness supports in Illinois.

(a) The Office to Prevent and End Homelessness (Office) is created within the Department of Human Services to facilitate the implementation of a strategic plan and initiatives aimed at decreasing homelessness and unnecessary institutionalization in Illinois, improving health and human services outcomes for people who experience homelessness, and strengthening the safety nets that contribute to housing stability. The Office shall be led by the State Homelessness Chief Officer who shall report to the Secretary of the Department. The Chief Officer shall also chair the Interagency Task Force on Homelessness, co-chair the Community Advisory Council on Homelessness, and lead the State's comprehensive efforts related to homelessness prevention. The Chief Officer shall serve as a policymaker and spokesperson on homelessness prevention, including coordinating the multi-agency effort through legislation, rules, and budgets and communicating with the General Assembly and federal and local leaders on these critical issues.

(a-5) The Office shall establish a subcommittee on encampments and unsheltered homelessness that occur on State property to facilitate a plan if removal is necessary. The Office shall consult with homeless advocates in the creation of this plan. This plan shall be made public before implementation.

(b) The Interagency Task Force on Homelessness is created within the Department of Human Services to facilitate and implement initiatives related to decreasing homelessness and unnecessary institutionalization in this State, improve health and human services outcomes for people who experience homelessness, and strengthen the safety nets that contribute to housing stability. The Task Force shall:

(1) Implement the State Plan which is aimed at addressing homelessness and unnecessary institutionalization with the goals of achieving functional zero homelessness, improving health and human services outcomes for people experiencing homelessness, and strengthening the safety nets that contribute to housing stability.

(2) Recommend policy, regulatory, and resource changes necessary to accomplish goals and objectives laid out in the State Plan.

(3) Serve within State government and in the State at large as an advocate for people experiencing homelessness.

(4) Provide leadership for and collaborate with those developing and implementing local plans to end homelessness in Illinois, including, but not limited to, the Community Advisory Council and its members.

(5) Recommend the resources needed for successful implementation and oversee that implementation.

(6) Recommend and promote effective interagency collaboration and system integration to converge related efforts, including coordination with the Illinois Youth Homelessness Prevention Subcommittee, the Illinois Commission on the Elimination of Poverty, and the Illinois Commission to End Hunger on drafting policy recommendations related to the intersection of homelessness and poverty.

(7) Recommend needed policy, regulatory, and resource distribution changes; make oversight recommendations that will ensure accountability, results, and sustained success; and develop specific proposals and recommendations for action to provide to the Governor and the General Assembly.

(c) (Blank).

(d) The Task Force may solicit feedback from stakeholders, customers, and advocates to inform Task Force recommendations as necessary.

(e) On or before December 1, 2024, and each year thereafter, the Task Force shall submit a report to the Governor and General Assembly regarding the Task Force's work during the year prior, any new recommendations developed by the Task Force, any recommendations made by the Community Advisory Council on Homelessness, and any key outcomes and measures related to homelessness.

(f) The Task Force shall include the following members appointed by the Governor:

(1) The Chief Homelessness Officer, who shall serve as Chair.

(2) The Secretary of Human Services, or his or her designee.

(3) The Executive Director of the Illinois Housing Development Authority, or his or her designee.

(4) The Director of Healthcare and Family Services, or his or her designee.

(5) The Superintendent of the State Board of Education, or his or her designee.

(6) The Executive Director of the Board of Higher Education, or his or her designee.

(7) The Executive Director of the Illinois Community College Board, or his or her designee.

(8) The Director of Corrections, or his or her designee.

(9) The Director of Veterans' Affairs, or his or her designee.

(10) The Director of Children and Family Services, or his or her designee.

(11) The Director of Public Health, or his or her designee.

(12) The Director of Aging, or his or her designee.

(13) The Director of Juvenile Justice, or his or her designee.

(14) The Director of Commerce and Economic Opportunity, or his or her designee.

(15) The Director of Employment Security, or his or her designee.

(16) The Director of the Illinois State Police, or his or her designee.

(17) The Executive Director of the Illinois Criminal Justice Information Authority, or his or her designee.

(18) The Director of the Office of Management and Budget, or his or her designee.

(g) The Task Force shall also include the following members:

(1) One member appointed by the President of the Senate.

(2) One member appointed by the Minority Leader of the Senate.

(3) One member appointed by the Speaker of the House of Representatives.

(4) One member appointed by the Minority Leader of the House of Representatives.

(h) The Chair of the Task Force may appoint additional representatives from State agencies as needed.

(i) The Task Force shall meet at the call of the chair, at least 4 times per year. Members shall serve without compensation.

(j) The Task Force may establish subcommittees to address specific issues or populations and may collaborate with individuals with relevant expertise who are not members of the Task Force to assist the subcommittee in carrying out its duties.

(k) The Department of Human Services shall provide administrative support to the Task Force.

(l) Nothing in this Act shall be construed to contravene any federal or State law or regulation. Unless specifically referenced in this Act, nothing in this Act shall affect or alter the existing statutory powers of any State agency or be construed as a reassignment or reorganization of any State agency.

(m) Community Advisory Council. The Community Advisory Council on Homelessness is created within the Department of Human Services to make recommendations to the Interagency Task Force on Homelessness regarding homelessness and unnecessary institutionalization with the goals of achieving functional zero homelessness, improving health and human services outcomes for people experiencing homelessness and strengthening the safety nets that contribute to housing stability.

(1) The Advisory Council shall be co-chaired by the Chief Homelessness Officer and a member of the Advisory Council designated by the Governor. The Advisory Council shall consist of all of the following members appointed by the Governor. Members appointed to the Advisory Council must reflect the racial, ethnic, and geographic diversity of this State. The Chief may include any State agency staff that they deem necessary as ex officio, nonvoting members of the Community Advisory Council.

(A) Three members with lived experience of homelessness or housing insecurity, which may include, but are not limited to, formerly incarcerated persons, veterans, and youth (16 to 25 years old).

(B) One member representing individuals with disabilities.

(C) Two members representing the philanthropic private funding sector.

(D) One member representing a statewide behavioral health advocacy organization.

(E) One member representing a statewide housing advocacy organization.

(F) At least 2 members representing local Continuums of Care.

(G) At least 3 members representing local units of government (municipal, county, or township).

(H) One member representing an organization that supports victims of domestic violence.

(I) A minimum of 4 members representing providers of the homeless response system inclusive of, but not limited to, emergency supportive housing, rapid rehousing, permanent supportive housing, homeless youth programs, and homeless prevention.

(J) Two members, who may or may not meet the qualification requirements for the other appointees.

The Advisory Council shall meet at least 4 times per year.

(2) Members shall serve without compensation, but public members may be reimbursed for reasonable and necessary travel expenses connected to Task Force business. Persons with lived experience of homelessness and housing insecurity, who are not otherwise compensated by employers to attend the Community Advisory Council, shall receive compensation for each quarterly Council meeting attended.

(3) The meetings of the Advisory Council shall be conducted in accordance with the provisions of Section 2 of the Open Meetings Act. The Department of Human Services shall provide staff and administrative support to assist the Advisory Council in carrying out its duties.

(4) Nothing in this Act shall be construed to contravene any federal or State law or regulation. Unless specifically referenced in this Act, nothing in this Act shall affect or alter the existing statutory powers of any State agency or be construed as a reassignment or reorganization of any State agency.

(5) On or before November 15, 2023, and each year thereafter, the Advisory Council shall submit recommendations to the Interagency Task Force on Homelessness.

(Source: P.A. 103-269, eff. 7-26-23; 103-605, eff. 7-1-24.)".