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HOUSE RESOLUTION


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

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

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public services may be denied or abridged solely because he or 
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she is
homeless;  such a person possesses the same rights and 
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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) The right to live in any community in this State in

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    which he or she can afford to live;


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


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


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        (4) The right to access emergency medical health

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    services
in any health care facility doing business in this 
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    State;


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        (5) The 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) The right to not be coerced or penalized in any way

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    for not taking any medication
or for not undergoing any 
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    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, the right to receive and sign any 
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    check, voucher,
or other warrant or legal tender issued in 
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    his or her name
before
the moneys may be expended by the 
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    person's landlord or a
public or private agency, unless the 
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    person
waives the right in a writing sworn to before a 
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    notary
public;  if the person is unable to sign his or her 
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    name, the
person may make his or her signature with an "X" 
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    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) The right to vote, which may not be denied solely 
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    because the person does not have a permanent residence, 
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    notwithstanding any provision of the Election Code;

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        (9) The 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) The 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) The right to confidentiality of records; homeless 
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    shelters
should obtain a voluntary written release from a 
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    homeless person prior
to disclosing any personal 
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    information regarding the homeless person,
including, but 
 


 






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    not limited to, name, social security number, and birth

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    date, except in aggregate form; the right to 
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    confidentiality of records
includes the dissemination of 
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    materials to other agencies, either
private or public; the 
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    homeless person should be given the option of
whether to 
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    release records via informed consent, based on guidelines

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    from the Office of Human Research Protections, United 
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    States Department
of Health and Human Services, 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; and

 
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    WHEREAS, A task force should be created to study these 
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rights and others possessed by homeless persons and make 
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recommendations concerning legislation that is needed to 
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ensure that homeless persons are able to fully enjoy all of 
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their rights; 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 the Homeless is created, 
 


 






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consisting of 9 members appointed by the Speaker of the House 
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of Representatives as follows: 4 members who are legislators; 4 
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members of the public who represent advocates for homeless 
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persons; and one chairperson of the task force; and be it 
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further

 
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    RESOLVED, That the task force shall study the rights of 
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homeless persons, including the rights set forth in this 
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Resolution as well as other rights possessed by homeless 
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persons; the task force shall conduct hearings in various 
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geographic areas of the State as it deems appropriate and shall 
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give interested persons an opportunity to present oral or 
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written evidence, or both, concerning the rights of homeless 
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persons and barriers to homeless persons' enjoyment of their 
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rights; and be it further

 
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    RESOLVED, That the task force shall report its findings and 
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recommendations to the House of Representatives no later than 
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January 1, 2005.