Illinois General Assembly - Full Text of HB3272
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Full Text of HB3272  97th General Assembly

HB3272 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3272

 

Introduced 2/24/2011, by Rep. JoAnn D. Osmond - Dwight Kay - Sandra M. Pihos - Patricia R. Bellock - John D. Cavaletto, et al.

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Homeless Veterans Shelter Act. Provides that the purpose of the Act is to protect the rights of homeless veterans that reside in halfway houses, shelters, or transitional housing by providing for the licensing of such facilities and the oversight of such facilities by local housing and community mental health boards. Contains provisions concerning compensation for employed homeless veterans; State licensing requirements for job training and education programs; annual inspections; job placement services; and other matters. Effective January 1, 2012.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning veterans.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Homeless Veterans Shelter Act.
 
6    Section 5. Purpose. The purpose of this Act is to protect
7the rights of homeless veterans that reside in halfway houses,
8shelters or transitional housing. Many homeless veterans face
9barriers to employment and a stable environment. The State
10recognizes the need to provide protection and oversight to
11remove such barriers by established resources. To better
12protect homeless veterans this Act will provide for the
13licensing of halfway houses, shelters, and transitional
14housing programs that service homeless veterans, and for the
15oversight of such facilities and programs by local housing and
16community mental health boards. By providing a professional
17means of removing the barriers homeless veterans face in their
18efforts to secure adequate housing and stable employment, the
19goal of this Act is to ensure homeless veterans reenter society
20as protective citizens.
 
21    Section 10. Definitions. As used in this Act, unless the
22context indicates otherwise:

 

 

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1    "Acceptance" means a mutual agreement, verbal or written,
2between employee and employer as to starting salary, position,
3time, and place of employment.
4    "Applicant" means any person who uses the services of an
5employment agency to secure employment for himself or herself.
6    "Day and temporary labor" means work performed by a day or
7temporary laborer for a third-party client, the duration of
8which may be specific or undefined pursuant to a contract or
9understanding between the day and temporary labor service
10agency and the third-party client. Day and temporary labor does
11not include labor or employment of a professional or clerical
12nature.
13    "Day and temporary labor service agency" means any person
14or entity engaged in the business of employing day or temporary
15laborers to provide services, for a fee, to or for any
16third-party client pursuant to a contract with the day and
17temporary labor service agency and the third-party client.
18    "Day or temporary laborer" means a natural person who
19contracts for employment with a day and temporary labor service
20agency.
21    "Employee" means any person performing or seeking to
22perform work or services of any kind or character whatsoever
23for hire.
24    "Employer" means any person employing or seeking to employ
25any person for hire.
26    "Employment agency" means any person engaged for gain or

 

 

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1profit in the business of securing or attempting to secure
2employees for employers or employment for persons seeking
3employment. However, employment agency shall not include any
4person engaged in the business of consulting or recruiting, and
5who in the course of such business is compensated solely by any
6employer to identify, appraise, or recommend an individual or
7individuals who are at least 18 years of age or who hold a high
8school diploma for consideration for a position, provided that
9in no instance is the individual who is identified, appraised,
10or recommended for consideration for such position charged a
11fee directly or indirectly in connection with such
12identification, appraisal, or recommendation, or for
13preparation of any resume, or on account of any other personal
14service performed by the person engaged in the business of
15consulting or recruiting.
16    "Employment counselor" means an employee of an employment
17agency who interviews, counsels, or advises applicants or
18employers or both on employment or allied problems, or who make
19or arrange contracts or contacts between employers and
20employees. Employment counselor includes employees who solicit
21orders for employees from prospective employers.
22    "Fee" means money or a promise to pay money and includes
23the excess of money received by any such licensee over what he
24or she has paid for transportation, transfer of baggage, or
25lodging for any applicant for employment. Fee also means and
26includes the difference between the amount of money received by

 

 

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1any person who furnishes employees or performers for any
2entertainment, exhibition, or performance, and the amount paid
3by the person receiving the amount of money to the employees or
4performers whom he hires to give such entertainment,
5exhibition, or performance.
6    "Privilege" means the furnishing of food, supplies, tools,
7or shelter to contract laborers, commonly known as commissary
8privileges.
9    "Third-party client" means any person that contracts with a
10day and temporary labor service agency for obtaining day or
11temporary laborers.
12    "Person" means any natural person, firm, partnership,
13co-partnership, Limited Liability Company, corporation,
14association, business trust, or other legal entity, or its
15legal representatives, agents, or assigns.
16    "Shelter" means a primary nighttime residence that is any
17of the following:
18        (i) A supervised publicly or privately operated
19    shelter designed to provide temporary living
20    accommodations, including welfare hotels, congregate
21    shelters, and transitional housing.
22        (ii) An institution that provides a temporary
23    residence for individuals intended to be rehabilitated for
24    employability.
25        (iii) A public or private place not designed for, or
26    ordinarily used as, a regular sleeping accommodation for

 

 

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1    human beings. Shelter programs in Illinois consist of:
2            Overnight shelters: a place to sleep for less than
3        12 hours. Meals and supportive services are available.
4            Transitional shelters: shelter for up to 2 years
5        with food and supportive services.
6            Emergency shelters: provided by hotels and motels
7        through a voucher program when shelters are full or not
8        available.
 
9    Section 15. Prevailing wage. A homeless veteran performing
10services shall be compensated at the current prevailing wage
11rate.
 
12    Section 20. Training; education. Training or education
13programs for homeless veterans that are sponsored by halfway
14houses, shelters, or transitional housing programs shall be
15licensed and certified by the State of Illinois.
 
16    Section 25. Annual inspections; registration or licensing.
17    (a) All halfway houses, shelters, and transitional housing
18used as living accommodations for homeless veterans shall be
19inspected annually by the local health, fire, and building
20departments.
21    (b) All halfway houses, shelters, and transitional housing
22programs that provide mental health services to homeless
23veterans shall be supervised and annually inspected by the

 

 

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1local community mental health board.
2    (c) Shelters engaged in providing labor or employment
3placement for homeless veterans shall be registered or licensed
4in accordance with the Day and Temporary Labor Services Act and
5the Private Employment Agency Act.
6    (d) Shelters contracting to provide day or temporary labor
7shall be in compliance with the provisions of the Day and
8Temporary Labor Services Act.
 
9    Section 30. Rent. Homeless veterans that are employed and
10earning wages shall be charged a reasonable minimum rent to
11cover room and utilities.
 
12    Section 35. Job placement services; shelter programs.
13    (a) Organizations that engage in job preparation or
14temporary laborer or job placement services shall be licensed
15in accordance with the Day and Temporary Labor Services Act and
16the Private Employment Agency Act.
17    (b) Shelters run by local and non-profit entities that
18provide services to homeless veterans shall comply with the
19following program standards:
20        (1) The shelter must meet all local building
21    requirements to ensure that they are safe and humane
22    environments.
23        (2) Programs provided by the shelter must meet local
24    community needs.

 

 

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1        (3) The Shelter must demonstrate that its programs
2    provide quality services and appropriate referrals to
3    assist homeless veterans.
4        (4) The shelter must strengthen its interaction and
5    cooperation with private agencies to provide an efficient
6    and effective system for the delivery of services.
7        (5) New and varied methods of delivering services must
8    be encouraged to provide adequate shelter to homeless
9    veterans.
 
10    Section 99. Effective date. This Act takes effect January
111, 2012.