093_HR0412 LRB093 12141 DRJ 17059 r 1 HOUSE RESOLUTION 2 WHEREAS, It is the long-standing policy of this State 3 that no person should suffer unnecessarily from cold or 4 hunger, or be deprived of shelter or the basic rights 5 incident to shelter; and 6 WHEREAS, At the present time, many persons have been 7 rendered homeless as a result of economic adversity, a severe 8 shortage of affordable housing, and increased stress due to 9 the complexity of daily living that has created an inability 10 on the part of those persons to interact in society; and 11 WHEREAS, It is the intent of the House of Representatives 12 to lessen the adverse affects and conditions caused by the 13 lack of residence or a home; and 14 WHEREAS, No person's rights, privileges, or access to 15 public services should be denied or abridged solely because 16 he or she is homeless; such a person should be granted the 17 same rights and privileges as any other citizen of this 18 State; and 19 WHEREAS, These rights include but are not limited to the 20 following: 21 (1) a person's right to live in any community in 22 this State in which he or she can afford to live; 23 (2) a person's right to choose a type of living 24 arrangements in accordance with local regulations without 25 harassment or interference from any other citizen or from 26 any public or private entity; 27 (3) a person's right to employment and training 28 opportunities in accordance with his or her interests and 29 abilities; 30 (4) a person's right to access to emergency medical -2- LRB093 12141 DRJ 17059 r 1 health services in any health care facility doing 2 business in this State; 3 (5) a person's right to manage his or her own 4 personal finances notwithstanding his or her living 5 arrangements, unless (i) the person voluntarily signs a 6 written agreement, sworn to and witnessed before a notary 7 public, authorizing an individual or agency to manage his 8 or her finances, (ii) the person resides in a shelter for 9 homeless persons and has enrolled in a savings program 10 designed to provide rent money upon the person's 11 departure from the shelter, or (iii) the person has been 12 ruled or adjudicated by a court of competent jurisdiction 13 to be incompetent to manage his or her financial affairs; 14 (6) a person's right to not be coerced or penalized 15 in any way for not taking any medication or for not 16 undergoing any medical treatment that has not been 17 authorized by a qualified physician; 18 (7) in the case of a group living arrangement or 19 long-term care facility, a person's right to receive and 20 sign any check, voucher, or other warrant or legal tender 21 issued in his or her name before the moneys may be 22 expended by the person's landlord or a public or private 23 agency, unless the person waives the right in a writing 24 sworn to before a notary public; if the person is unable 25 to sign his or her name, the person may make his or her 26 signature with an "X" that is witnessed by 2 other 27 persons not employed or directly associated with the 28 landlord or agency, preferably a relative or guardian of 29 the person or someone designated by the person 30 beforehand; 31 (8) a person's right to vote, which may not be 32 denied solely because the person does not have a 33 permanent residence; 34 (9) a person's right of visitation with family -3- LRB093 12141 DRJ 17059 r 1 members, friends, clergy, and professional or public 2 consultants notwithstanding the person's living 3 arrangements, as long as the visitation does not 4 interfere with the smooth operation of the person's place 5 of residence; 6 (10) a person's right to receive public services or 7 accommodations offered to any other citizen of this State 8 in accordance, with established eligibility guidelines 9 for those services; and 10 (11) a person's right to confidentiality of 11 records; homeless shelters should obtain a voluntary 12 written release from a homeless person prior to 13 disclosing any personal information regarding the 14 homeless person, including, but not limited to, name, 15 social security number, and birth date, except in 16 aggregate form; the right to confidentiality of records 17 includes the dissemination of materials to other 18 agencies, either private or public; and the homeless 19 person should be given the option of whether to release 20 records via informed consent, based on guidelines from 21 the Office of Human Research Protections, United States 22 Department of Health and Human Services, including: 23 (A) the expected duration of the subject's 24 participation; 25 (B) an explanation of whom to contact for 26 answers to pertinent questions about the research 27 and research subjects' rights, and whom to contact 28 in the event of a research-related injury to the 29 subject; 30 (C) a statement that participation in 31 releasing records is voluntary, refusal to 32 participate will involve no penalty or loss of 33 benefits to which the subject is otherwise entitled, 34 and the subject may discontinue participation in the -4- LRB093 12141 DRJ 17059 r 1 record release at any time without penalty or loss 2 of benefits to which the subject is otherwise 3 entitled; 4 (D) a description of any reasonably 5 foreseeable risks or discomforts to the subject; and 6 (E) a statement describing the extent, if any, 7 to which confidentiality of records identifying the 8 subject will be maintained; therefore, be it 9 RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE 10 NINETY-THIRD GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that 11 the House Task Force on the Rights of Homeless Persons is 12 established, to consist of 5 members, 3 appointed by the 13 Speaker of the House of Representatives and 2 appointed by 14 the Minority Leader of the House of Representatives; the 15 Speaker shall designate one of his appointees as the 16 chairperson; and the members shall serve without compensation 17 but shall be reimbursed for their reasonable and necessary 18 expenses from moneys appropriated for that purpose; and be it 19 further 20 RESOLVED, That the Task Force shall study ways in which 21 the Department of Public Health could monitor and enforce the 22 rights of homeless persons set forth in this Resolution, 23 including ways in which the Department could utilize one or 24 more local health departments or local health officers to 25 monitor and enforce those rights; and be it further 26 RESOLVED, That the Task Force shall also study ways in 27 which the Department of Commerce and Economic Opportunity 28 could establish priorities of eligibility for temporary 29 rental or other housing assistance among the various 30 categories of persons needing assistance in obtaining or 31 retaining housing, including, without limitation, persons 32 subject to immediate eviction for nonpayment of rent or -5- LRB093 12141 DRJ 17059 r 1 subject to foreclosure for nonpayment of mortgage 2 installments or property taxes, when nonpayment is 3 attributable to illness, unemployment, underemployment, or 4 any other failure of lack of resources beyond the person's 5 control; and be it further 6 RESOLVED, That the Task Force shall receive the 7 assistance of legislative staff and shall report its findings 8 to the House of Representatives on or before January 1, 2004.