Bill advances to prevent local governments from clearing homeless camps

By Jim Talamonti | The Center Square
The Center Square

(The Center Square) – State law may soon restrict local governments from clearing homeless encampments from parks and other public spaces.

State Rep. Kevin Olickal, D-Skokie, explained his proposal to the Illinois House Housing Committee on Wednesday.

“What we are trying to do with this bill is to set clear limitations on government entities establishing or enforcing ordinances or policies that include fines or criminal penalties against people experiencing unsheltered homelessness only when they are solely participating in life-sustaining activity on public property,” Olickal said.

House Bill 1429 Amendment 3 restricts local entities from removing homeless people from public places without three days notice, except in certain circumstances.

“Individual complaints or public pressure may not be the sole factor and is not an allowable factor in determining imminent risk,” the bill text states.

The measure also takes home rule power away from local governments that wish to regulate unsheltered homelessness.

Illinois Municipal League Chief Operating Officer Gordy Hulten told the committee that municipalities share the goal of ensuring that people experiencing homelessness are treated with dignity and connected with services they need.

“At the same time, municipalities are responsible for maintaining public spaces that are safe and accessible and usable for all of the residents of the community. This legislation makes that balance more difficult to achieve,” Hulten said.

Hulten said the IML opposed HB 1429 and questioned why restrictions are placed on municipalities and not on state government.

Niya Kelly, of the Chicago Coalition to End Homelessness, said the state has gone further to engage with people living in encampments.

“The policy that they have enacted was our original bill, and what we’re working with right now is an amendment that is based on the concerns of municipalities,” Kelly said.

When asked by state Rep. Travis Weaver, R-Peoria, if that was in line with his understanding, Hulten said no.

“We’ve had conversations with mayors who have state facilities in their municipalities, and the municipalities are receiving phone calls from state agencies sometimes in response to these encampments so that our first municipal first responders can be tasked with dealing with these sorts of situations,” Hulten said.

The Illinois House Housing Committee approved HB 1429 on Wednesday by a vote of 11-4.