HB3272 97TH GENERAL ASSEMBLY

LRB097 06198 KTG 46273 b

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.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning veterans.

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 Homeless Veterans Shelter Act.

Section 5. Purpose. The purpose of this Act is to protect the rights of homeless veterans that reside in halfway houses, shelters or transitional housing. Many homeless veterans face barriers to employment and a stable environment. The State recognizes the need to provide protection and oversight to remove such barriers by established resources. To better protect homeless veterans this Act will provide for the licensing of halfway houses, shelters, and transitional housing programs that service homeless veterans, and for the oversight of such facilities and programs by local housing and community mental health boards. By providing a professional means of removing the barriers homeless veterans face in their efforts to secure adequate housing and stable employment, the goal of this Act is to ensure homeless veterans reenter society as protective citizens.

Section 10. Definitions. As used in this Act, unless the context indicates otherwise:

"Acceptance" means a mutual agreement, verbal or written, between employee and employer as to starting salary, position, time, and place of employment.

"Applicant" means any person who uses the services of an employment agency to secure employment for himself or herself.

"Day and temporary labor" means work performed by a day or temporary laborer for a third-party client, the duration of which may be specific or undefined pursuant to a contract or understanding between the day and temporary labor service agency and the third-party client. Day and temporary labor does not include labor or employment of a professional or clerical nature.

"Day and temporary labor service agency" means any person or entity engaged in the business of employing day or temporary laborers to provide services, for a fee, to or for any third-party client pursuant to a contract with the day and temporary labor service agency and the third-party client.

"Day or temporary laborer" means a natural person who contracts for employment with a day and temporary labor service agency.

"Employee" means any person performing or seeking to perform work or services of any kind or character whatsoever for hire.

"Employer" means any person employing or seeking to employ any person for hire.

"Employment agency" means any person engaged for gain or profit in the business of securing or attempting to secure employees for employers or employment for persons seeking employment. However, employment agency shall not include any person engaged in the business of consulting or recruiting, and who in the course of such business is compensated solely by any employer to identify, appraise, or recommend an individual or individuals who are at least 18 years of age or who hold a high school diploma for consideration for a position, provided that in no instance is the individual who is identified, appraised, or recommended for consideration for such position charged a fee directly or indirectly in connection with such identification, appraisal, or recommendation, or for preparation of any resume, or on account of any other personal service performed by the person engaged in the business of consulting or recruiting.

"Employment counselor" means an employee of an employment agency who interviews, counsels, or advises applicants or employers or both on employment or allied problems, or who make or arrange contracts or contacts between employers and employees. Employment counselor includes employees who solicit orders for employees from prospective employers.

"Fee" means money or a promise to pay money and includes the excess of money received by any such licensee over what he or she has paid for transportation, transfer of baggage, or lodging for any applicant for employment. Fee also means and includes the difference between the amount of money received by any person who furnishes employees or performers for any entertainment, exhibition, or performance, and the amount paid by the person receiving the amount of money to the employees or performers whom he hires to give such entertainment, exhibition, or performance.

"Privilege" means the furnishing of food, supplies, tools, or shelter to contract laborers, commonly known as commissary privileges.

"Third-party client" means any person that contracts with a day and temporary labor service agency for obtaining day or temporary laborers.

"Person" means any natural person, firm, partnership, co-partnership, Limited Liability Company, corporation, association, business trust, or other legal entity, or its legal representatives, agents, or assigns.

"Shelter" means a primary nighttime residence that is any of the following:

(i) A supervised publicly or privately operated shelter designed to provide temporary living accommodations, including welfare hotels, congregate shelters, and transitional housing.

(ii) An institution that provides a temporary residence for individuals intended to be rehabilitated for employability.

(iii) A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. Shelter programs in Illinois consist of:

Overnight shelters: a place to sleep for less than 12 hours. Meals and supportive services are available.

Transitional shelters: shelter for up to 2 years with food and supportive services.

Emergency shelters: provided by hotels and motels through a voucher program when shelters are full or not available.

Section 15. Prevailing wage. A homeless veteran performing services shall be compensated at the current prevailing wage rate.

Section 20. Training; education. Training or education programs for homeless veterans that are sponsored by halfway houses, shelters, or transitional housing programs shall be licensed and certified by the State of Illinois.

Section 25. Annual inspections; registration or licensing.

(a) All halfway houses, shelters, and transitional housing used as living accommodations for homeless veterans shall be inspected annually by the local health, fire, and building departments.

(b) All halfway houses, shelters, and transitional housing programs that provide mental health services to homeless veterans shall be supervised and annually inspected by the local community mental health board.

(c) Shelters engaged in providing labor or employment placement for homeless veterans shall be registered or licensed in accordance with the Day and Temporary Labor Services Act and the Private Employment Agency Act.

(d) Shelters contracting to provide day or temporary labor shall be in compliance with the provisions of the Day and Temporary Labor Services Act.

Section 30. Rent. Homeless veterans that are employed and earning wages shall be charged a reasonable minimum rent to cover room and utilities.

Section 35. Job placement services; shelter programs.

(a) Organizations that engage in job preparation or temporary laborer or job placement services shall be licensed in accordance with the Day and Temporary Labor Services Act and the Private Employment Agency Act.

(b) Shelters run by local and non-profit entities that provide services to homeless veterans shall comply with the following program standards:

(1) The shelter must meet all local building requirements to ensure that they are safe and humane environments.

(2) Programs provided by the shelter must meet local community needs.

(3) The Shelter must demonstrate that its programs provide quality services and appropriate referrals to assist homeless veterans.

(4) The shelter must strengthen its interaction and cooperation with private agencies to provide an efficient and effective system for the delivery of services.

(5) New and varied methods of delivering services must be encouraged to provide adequate shelter to homeless veterans.

Section 99. Effective date. This Act takes effect January 1, 2012.