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1
HOUSE RESOLUTION

 
2     WHEREAS, It is the long-standing policy of this State that
3 no person should suffer unnecessarily from cold or hunger, or
4 be deprived of shelter or the basic rights incident to shelter;
5 at the present time, many persons have been rendered homeless
6 as a result of economic adversity, a severe shortage of
7 affordable housing, and increased stress due to the complexity
8 of daily living that has created an inability on the part of
9 those persons to interact in society; and
 
10     WHEREAS, No person's rights, privileges, or access to
11 public services may be denied or abridged solely because he or
12 she is homeless; such a person possesses the same rights and
13 privileges as any other citizen of this State; and
 
14     WHEREAS, These rights include but are not limited to the
15 following:
16         (1) The right to live in any community in this State in
17     which he or she can afford to live;
18         (2) The right to choose a type of living arrangements
19     in accordance with local regulations without harassment or
20     interference from any other citizen or from any public or
21     private entity;
22         (3) The right to employment and training opportunities
23     in accordance with his or her interests and abilities;
24         (4) The right to access emergency medical health
25     services in any health care facility doing business in this
26     State;
27         (5) The right to manage his or her own personal
28     finances notwithstanding his or her living arrangements,
29     unless (i) the person voluntarily signs a written
30     agreement, sworn to and witnessed before a notary public,
31     authorizing an individual or agency to manage his or her
32     finances, (ii) the person resides in a shelter for homeless
33     persons and has enrolled in a savings program designed to

 

 

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1     provide rent money upon the person's departure from the
2     shelter, or (iii) the person has been ruled or adjudicated
3     by a court of competent jurisdiction to be incompetent to
4     manage his or her financial affairs;
5         (6) The right to not be coerced or penalized in any way
6     for not taking any medication or for not undergoing any
7     medical treatment that has not been authorized by a
8     qualified physician;
9         (7) In the case of a group living arrangement or
10     long-term care facility, the right to receive and sign any
11     check, voucher, or other warrant or legal tender issued in
12     his or her name before the moneys may be expended by the
13     person's landlord or a public or private agency, unless the
14     person waives the right in a writing sworn to before a
15     notary public; if the person is unable to sign his or her
16     name, the person may make his or her signature with an "X"
17     that is witnessed by 2 other persons not employed or
18     directly associated with the landlord or agency,
19     preferably a relative or guardian of the person or someone
20     designated by the person beforehand;
21         (8) The right to vote, which may not be denied solely
22     because the person does not have a permanent residence,
23     notwithstanding any provision of the Election Code;
24         (9) The right of visitation with family members,
25     friends, clergy, and professional or public consultants
26     notwithstanding the person's living arrangements, as long
27     as the visitation does not interfere with the smooth
28     operation of the person's place of residence;
29         (10) The right to receive public services or
30     accommodations offered to any other citizen of this State
31     in accordance, with established eligibility guidelines for
32     those services; and
33         (11) The right to confidentiality of records; homeless
34     shelters should obtain a voluntary written release from a
35     homeless person prior to disclosing any personal
36     information regarding the homeless person, including, but

 

 

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1     not limited to, name, social security number, and birth
2     date, except in aggregate form; the right to
3     confidentiality of records includes the dissemination of
4     materials to other agencies, either private or public; the
5     homeless person should be given the option of whether to
6     release records via informed consent, based on guidelines
7     from the Office of Human Research Protections, United
8     States Department of Health and Human Services, including:
9             (A) the expected duration of the subject's
10         participation;
11             (B) an explanation of whom to contact for answers
12         to pertinent questions about the research and research
13         subjects' rights, and whom to contact in the event of a
14         research-related injury to the subject;
15             (C) a statement that participation in releasing
16         records is voluntary, refusal to participate will
17         involve no penalty or loss of benefits to which the
18         subject is otherwise entitled, and the subject may
19         discontinue participation in the record release at any
20         time without penalty or loss of benefits to which the
21         subject is otherwise entitled;
22             (D) a description of any reasonably foreseeable
23         risks or discomforts to the subject; and
24             (E) a statement describing the extent, if any, to
25         which confidentiality of records identifying the
26         subject will be maintained; and
 
27     WHEREAS, A task force should be created to study these
28 rights and others possessed by homeless persons and make
29 recommendations concerning legislation that is needed to
30 ensure that homeless persons are able to fully enjoy all of
31 their rights; therefore, be it
 
32     RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE
33 NINETY-THIRD GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that
34 the House Task Force on the Rights of the Homeless is created,

 

 

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1 consisting of 9 members appointed by the Speaker of the House
2 of Representatives as follows: 4 members who are legislators; 4
3 members of the public who represent advocates for homeless
4 persons; and one chairperson of the task force; and be it
5 further
 
6     RESOLVED, That the task force shall study the rights of
7 homeless persons, including the rights set forth in this
8 Resolution as well as other rights possessed by homeless
9 persons; the task force shall conduct hearings in various
10 geographic areas of the State as it deems appropriate and shall
11 give interested persons an opportunity to present oral or
12 written evidence, or both, concerning the rights of homeless
13 persons and barriers to homeless persons' enjoyment of their
14 rights; and be it further
 
15     RESOLVED, That the task force shall report its findings and
16 recommendations to the House of Representatives no later than
17 January 1, 2005.