SSB 3175 (LSB 6266XC (6) 90)

SENATE FILE _____ 

BY  (PROPOSED COMMITTEE ON LOCAL GOVERNMENT BILL BY CHAIRPERSON GREEN)

A BILL FOR

An Act relating to homelessness, providing penalties, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  16.222  State funds for homelessness.
   1.  The authority shall use the state funds available under this section to provide grants to political subdivisions and nonprofit organizations to provide any of the following:
   a.  Parking areas, at which all of the following are available:
   (1)  Access to potable water and electric outlets.
   (2)  Access to bathrooms sufficient to serve all individuals utilizing the parking areas.
   b.  Camping facilities, subject to all of the following:
   (1)  Only homeless individuals may camp and store personal property at the camping facility.
   (2)  Homeless individuals may only camp and store personal property at the camping facility in the areas designated for each homeless individual by the camping facility.
   (3)  The camping facility shall offer a mental health and substance use disorder evaluation to each homeless individual using the camping facility.
   c.  For individual shelters, not including shelters for victims of domestic violence, that meet all of the following requirements:
   (1)  Are suitable to house between one and three individuals.
   (2)  Provide basic sleeping accommodations and access to electricity.
   (3)  Provide adequate access to showers and bathroom facilities.
   (4)  Limit occupation by a homeless individual to not more than two years.
   d.  For congregate shelters housing more than four homeless individuals in one location that meet all of the following requirements:
   (1)  Monitor and provide programs to improve the employment and income of the homeless individuals utilizing the shelter to prevent the homeless individuals’ return to homelessness after leaving the shelter.
   (2)  Require homeless individuals utilizing the shelter to enter information required by the authority into the homelessness management information system administered by the institute for community alliances.
   2.  The authority may use up to twenty-five percent of the state funds available under this section, that would otherwise be used for construction of permanent housing for the homeless, to provide performance payments to political subdivisions or nonprofit organizations for substance use disorder treatment, mental health treatment, and other services including short-term housing, for homeless individuals. In order to receive a performance payment, a political subdivision or nonprofit organization shall meet the goals established by the authority related to reductions for the homeless population served by the political subdivision or nonprofit organization in the number of days unhoused, the number of days in jail or prison, and the number of days hospitalized.
   a.  A political subdivision or nonprofit organization that receives performance payments under this subsection shall not use more than ten percent of each performance payment received to conduct surveys to identify homeless individuals with the greatest number of days unhoused, in jail or prison, or hospitalized.
   b.  A political subdivision determined by the authority to have a higher per capita rate of homelessness than the state average, as determined by the most recent homelessness point-in-time count completed by the continuum of care program pursuant to 24 C.F.R. pt. 578, shall not receive additional state funds until the political subdivision reduces the political subdivision’s per capita rate of homeless individuals to a rate at or below the state average.
   3.  A political subdivision or nonprofit organization that receives and uses the state funds to operate a campground in compliance with this section shall be immune from liability for all civil claims arising out of the operation, management, or other control of such campground. Such immunity shall not apply to acts or omissions by the political subdivision, nonprofit organization, or an agent of the political subdivision or nonprofit organization, constituting negligence, recklessness, or intentional misconduct.
   4.  The authority shall adopt rules pursuant to chapter 17A to administer this section.
   6.  For the purposes of this section:
   a.  “Nonprofit organization” means an organization described in the federal Internal Revenue Code, 26 U.S.C. §501(c)(3), which is exempt from income taxation under 26 U.S.C. §501(a).
   b.  “Political subdivision” means a city, county, or township.
   c.  “State funds” means funds appropriated by the state to the authority, federal funds received by the state and allocated to the authority, or federal funds received by the authority for housing or services for the homeless, excluding any federal funds that are restricted to purposes not authorized in this section. 
    Sec. 2.  NEW SECTION.  716.15  Unauthorized use of public land. 
   1.  A person shall not use public property for unauthorized sleeping, camping, or long-term shelter. If an individual knowingly violates this subsection, the individual shall be issued a warning and offered services or shelter. If the individual refuses to vacate the public property after being issued a warning, the individual commits a simple misdemeanor.
   2.  a.  A political subdivision shall not adopt or enforce any policy under which the political subdivision directly or indirectly prohibits or discourages the enforcement of any order or ordinance prohibiting unauthorized sleeping, camping, or long-term shelter on public property, or obstruction of public rights-of-way, including roads and sidewalks.
   b.  A political subdivision shall not directly or indirectly prohibit or discourage a peace officer or prosecuting attorney who is employed by, or otherwise under the direction or control of, the political subdivision from enforcing any order or ordinance prohibiting unauthorized sleeping, camping, or long-term shelter on public property or obstruction of public rights-of-way, including roads and sidewalks. 
   3.  This section shall not prohibit a policy of any political subdivision that encourages diversion programs or offers services in lieu of citation or arrest.
   4.  a.  The attorney general may bring a civil action in any court of competent jurisdiction against any political subdivision to enjoin the political subdivision from violating this section.
   b.  The attorney general may recover reasonable expenses incurred in any civil action brought under this section, including court costs, reasonable attorney fees, investigative costs, witness fees, and deposition costs.
    Sec. 3.  EFFECTIVE DATE.  This Act takes effect January 1, 2025.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to state funds for homelessness.
   The bill defines “state funds” to mean funds appropriated by the state to the Iowa finance authority (authority), federal funds received by the state and allocated to the authority, or federal funds received by the authority for housing or services for the homeless, excluding any federal funds that are restricted to purposes not authorized in the bill.
   The bill requires the authority to use state funds to provide grants to political subdivisions (subdivisions) and nonprofit organizations (organizations) to provide parking areas, camping facilities, individual shelters, and congregate shelters for homeless individuals subject to certain criteria. The authority may use up to 25 percent of the state funds received by the authority under the bill, that would otherwise be used for construction of permanent housing for the homeless, to provide performance payments to subdivisions or organizations for substance use disorder treatment, mental health treatment, and other services including short-term housing, for homeless individuals. In order to receive a performance payment, a subdivision or organization shall meet the goals established by the department related to reductions for the homeless population served by the subdivision or organization in the number of days unhoused, the number of days in jail or prison, and the number of days hospitalized. A subdivision or organization that receives performance payments shall not use more than 10 percent of each payment received to conduct surveys to identify homeless individuals with the greatest number of days unhoused, in jail or prison, or hospitalized. A subdivision determined to have a higher per capita rate of homelessness than the state average shall not receive additional state funds until the subdivision reduces the subdivision’s per capita rate of homeless individuals to a rate at or below the state average.
   A subdivision or organization that receives state funds and uses the state funds to operate a campground in compliance with the bill shall be immune from liability for all civil claims, arising out of the operation, management, or other control of such campground. Such immunity shall not apply to acts or omissions by the subdivision or organization or their agents constituting negligence, recklessness, or intentional misconduct.
   The bill requires the authority to adopt administrative rules to administer the bill.
   The bill prohibits a person from using public property for unauthorized sleeping, camping, or long-term shelter. If an individual knowingly violates this provision, the individual shall be provided a warning and offered services or shelter. If the individual refuses to vacate the public property, the individual commits a simple misdemeanor. The bill also prohibits a subdivision from adopting or enforcing any policy under which the subdivision directly or indirectly prohibits or discourages the enforcement of any order or ordinance prohibiting unauthorized sleeping, camping, or long-term shelter on public property, or obstruction of public rights-of-way, including roads and sidewalks. A subdivision shall not directly or indirectly prohibit or discourage a peace officer or prosecuting attorney who is employed by, or otherwise under the direction or control of, the subdivision from enforcing any order or ordinance prohibiting unauthorized sleeping, camping, or long-term shelter on public property or the obstruction of public rights-of-way, including roads and sidewalks.
   The bill does not prohibit a policy of any subdivision that encourages diversion programs or offers services in lieu of citation or arrest. 
   The attorney general may bring a civil action against any subdivision to enjoin the subdivision from violating the bill, and the attorney general may recover reasonable expenses incurred in any civil action brought under the bill.
   The bill takes effect January 1, 2025.