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.