HB4116 93RD GENERAL ASSEMBLY

LRB093 16254 DRJ 41888 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4116

Introduced 1/15/2004, by Wyvetter H. Younge

SYNOPSIS AS INTRODUCED:

New Act

Creates the Bill of Rights for the Homeless Act. Sets forth certain rights of homeless persons, including the right to live in any community in the State, the right to choose living arrangements, and the right to employment and training opportunities. Directs the Department of Human Rights to monitor and enforce homeless persons' rights, and provides criminal penalties for violations of those rights. Authorizes the Department of Commerce and Economic Opportunity to establish priorities of eligibility for temporary rental or other housing assistance among the various categories of persons needing assistance in obtaining or retaining housing.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT in relation to homeless persons.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Bill of Rights for the Homeless Act.

Section 5. Legislative intent. It is the long-standing policy of this State that no person should suffer unnecessarily from cold or hunger, or be deprived of shelter or the basic rights incident to shelter. At the present time, many persons have been rendered homeless as a result of economic adversity, a severe shortage of affordable housing, and increased stress due to the complexity of daily living that has created an inability on the part of those persons to interact in society. It is the intent of this Act to lessen the adverse affects and conditions caused by the lack of residence or a home.

Section 10. Bill of Rights.

(a) No person's rights, privileges, or access to public services may be denied or abridged solely because he or she is homeless. Such a person shall be granted the same rights and privileges as any other citizen of this State. These rights include but are not limited to the following:

(1) The right to live in any community in this State in which he or she can afford to live.

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

(3) The right to employment and training opportunities in accordance with his or her interests and abilities.

(4) The right to access to emergency medical health services in any health care facility doing business in this State.

(5) The right to manage his or her own personal finances notwithstanding his or her living arrangements, unless (i) the person voluntarily signs a written agreement, sworn to and witnessed before a notary public, authorizing an individual or agency to manage his or her finances, (ii) the person resides in a shelter for homeless persons and has enrolled in a savings program designed to provide rent money upon the person's departure from the shelter, or (iii) the person has been ruled or adjudicated by a court of competent jurisdiction to be incompetent to manage his or her financial affairs.

(6) The right to not be coerced or penalized in any way for not taking any medication or for not undergoing any medical treatment that has not been authorized by a qualified physician.

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

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

(9) The right of visitation with family members, friends, clergy, and professional or public consultants notwithstanding the person's living arrangements, as long as the visitation does not interfere with the smooth operation of the person's place of residence.

(10) The right to receive public services or accommodations offered to any other citizen of this State in accordance, with established eligibility guidelines for those services.

(11) The right to confidentiality of records. Homeless shelters shall obtain a voluntary written release from a homeless person prior to disclosing any personal information regarding the homeless person, including, but not limited to, name, social security number, and birth date, except in aggregate form. The right to confidentiality of records includes the dissemination of materials to other agencies, either private or public. The homeless person shall be given the option of whether to release records via informed consent, based on guidelines from the Office of Human Research Protections, United States Department of Health and Human Services, including:

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

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

(C) a statement that participation in releasing records is voluntary, refusal to participate will involve no penalty or loss of benefits to which the subject is otherwise entitled, and the subject may discontinue participation in the record release at any time without penalty or loss of benefits to which the subject is otherwise entitled;

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

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

(b) The Department of Human Rights shall monitor and enforce the rights of homeless persons set forth in subsection (a). The Department may designate one or more local health departments or local health officers to monitor and enforce those rights.

Section 15. DCEO; housing assistance. The Department of Commerce and Economic Opportunity may establish priorities of eligibility for temporary rental or other housing assistance among the various categories of persons needing assistance in obtaining or retaining housing, including, without limitation, persons subject to immediate eviction for nonpayment of rent or subject to foreclosure for nonpayment of mortgage installments or property taxes, when nonpayment is attributable to illness, unemployment, underemployment, or any other failure of lack of resources beyond the person's control.