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HOUSE RESOLUTION 412


 

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    WHEREAS, It is the long-standing policy of
this
State that 
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no person should suffer unnecessarily from cold or
hunger, or 
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be
deprived of shelter or the basic rights incident to shelter; 
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and

 

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    WHEREAS, At the present time, many persons have been 
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rendered homeless as
a result
of economic adversity, a severe 
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shortage of affordable housing,
and
increased stress due to the 
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complexity of daily living that has
created an
inability on the 
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part of those persons to interact in society; and

 

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    WHEREAS, It is
the intent of the House of Representatives

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to lessen the adverse affects and conditions caused by the lack 
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of
residence or a home; and

 

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    WHEREAS, No person's rights, privileges, or access to

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public services should be denied or abridged solely because he 
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or she is
homeless; such a person should be granted the same 
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rights and privileges as
any
other citizen of this State; and

 

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    WHEREAS, These rights include but are not limited
to the 
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following:


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        (1) a person's right to live in any community in this 
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    State in
which he or she can afford to live;


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        (2) a person's right to choose a type of living 
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    arrangements in
accordance with
local regulations without 
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    harassment or interference from
any other
citizen or from 
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    any public or private entity;


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        (3) a person's right to employment and training 
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    opportunities in
accordance with his or her interests and 
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    abilities;


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        (4) a person's right to access to emergency medical 
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    health
services
in any health care facility doing business 
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    in this State;


 


 






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        (5) a person's right to manage his or her own personal

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    finances notwithstanding his or her living arrangements,

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    unless (i) the person voluntarily signs a
written 
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    agreement, sworn to and witnessed before a notary
public, 
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    authorizing
an individual or agency to manage his or her 
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    finances,
(ii) the person resides in a shelter for homeless 
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    persons and has enrolled
in a savings
program designed to 
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    provide rent money upon the person's departure from the

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    shelter, or
(iii) the person has been ruled or adjudicated 
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    by a court of competent
jurisdiction to be incompetent to 
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    manage his or her financial affairs;


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        (6) a person's right to not be coerced or penalized in 
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    any way
for not taking any medication
or for not undergoing 
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    any medical treatment that has not
been authorized by a

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    qualified physician;


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        (7) in the case of a group living arrangement or 
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    long-term
care facility, a person's right to receive and 
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    sign any check, voucher,
or other warrant or legal tender 
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    issued in his or her name
before
the moneys may be expended 
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    by the person's landlord or a
public or private agency, 
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    unless the person
waives the right in a writing sworn to 
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    before a notary
public; if the person is unable to sign his 
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    or her name, the
person may make his or her signature with 
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    an "X" that is
witnessed by 2 other
persons not employed or 
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    directly associated with the
landlord or agency,

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    preferably a relative or guardian of the person or someone

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    designated by the person beforehand;


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        (8) a person's right to vote, which may not be denied 
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    solely
because the person does not have a permanent 
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    residence;


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        (9) a person's right of visitation with
family members, 
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    friends, clergy, and professional or public
consultants

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    notwithstanding the person's living arrangements, as long

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    as the visitation does not
interfere with the smooth 
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    operation of the person's place
of residence;


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        (10) a person's right to receive public services or

 


 






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    accommodations offered to any other citizen of this State

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    in accordance, with
established eligibility guidelines for 
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    those services; and


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        (11) a person's right to confidentiality of records; 
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    homeless shelters
should obtain a voluntary written 
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    release from a homeless person prior
to disclosing any 
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    personal information regarding the homeless person,

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    including, but not limited to, name, social security 
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    number, and birth
date, except in aggregate form; the right 
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    to confidentiality of records
includes the dissemination 
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    of materials to other agencies, either
private or public; 
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    and the homeless person should be given the option of

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    whether to release records via informed consent, based on 
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    guidelines
from the Office of Human Research Protections, 
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    United States Department
of Health and Human Services, 
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    including:


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            (A) the expected duration of the subject's 
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        participation;


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            (B) an explanation of whom to contact for answers 
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        to
pertinent questions about the research and research 
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        subjects'
rights, and whom to contact in the event of a 
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        research-related
injury to the subject;


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            (C) a statement that participation in releasing 
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        records is
voluntary, refusal to participate will 
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        involve no penalty or loss
of benefits to which the 
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        subject is otherwise entitled, and the
subject may 
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        discontinue participation in the record release at any

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        time without penalty or loss of benefits to which the 
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        subject is
otherwise entitled;


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            (D) a description of any reasonably foreseeable 
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        risks or
discomforts to the subject; and


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            (E) a statement describing the extent, if any, to 
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        which
confidentiality of records identifying the 
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        subject will be
maintained; therefore, be it

 

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    RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE

 


 






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NINETY-THIRD GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that 
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the
House Task Force on the Rights of Homeless Persons is 
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established, to consist
of 6
members, 3 appointed by the 
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Speaker of the House of Representatives and 3
appointed by
the 
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Minority Leader of the House of Representatives; the Speaker 
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shall
designate one of
his appointees as the chairperson; and 
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the members shall serve without
compensation
but
shall be 
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reimbursed for their reasonable and necessary expenses from 
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moneys
appropriated for that purpose; and be it further

 

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    RESOLVED, That the Task Force shall study ways in which the 
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Department of
Public Health could monitor and enforce the

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rights of homeless persons set forth in this Resolution, 
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including ways in
which the Department
could utilize
one or 
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more local
health departments or local health officers to 
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monitor and enforce
those rights; and be it further

 

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    RESOLVED, That the Task Force shall also study ways in 
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which the Department
of Commerce
and Economic Opportunity could

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establish priorities of eligibility for temporary rental or 
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other
housing
assistance among the various categories of 
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persons needing assistance
in
obtaining or retaining housing, 
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including, without limitation, persons
subject to immediate 
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eviction for nonpayment of rent or subject to foreclosure
for

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nonpayment of mortgage installments or property taxes, when 
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nonpayment
is
attributable to illness, unemployment, 
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underemployment, or any other
failure
of lack of resources 
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beyond the person's control; and be it further

 

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    RESOLVED, That the Task Force shall receive the assistance 
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of legislative
staff and shall report its findings to the House 
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of Representatives on or
before January 12, 2005.