HSB 286 (LSB 2461YC (1) 91)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT)

A BILL FOR

An Act relating to homelessness including unauthorized use of public land, sanctioned camping, drug-free homeless service zones, and funding for homeless services, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

DIVISION I
UNAUTHORIZED USE OF PUBLIC LAND

    Section 1.  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.
DIVISION II
PUBLIC CAMPING —— COUNTIES AND CITIES

    Sec. 2.  Section 331.301, Code 2025, is amended by adding the following new subsection:
   NEW SUBSECTION.  27.  a.  A county may adopt or enforce an ordinance, motion, resolution, or amendment designating portions of public property within its jurisdiction, for periods not to exceed one year, to be used for public camping by persons experiencing unsheltered homelessness. Such an ordinance, motion, resolution, or amendment shall include the following standards and requirements:
   (1)  A list of residents must be kept identifying the names and dates of persons using the public camping location.
   (2)  Specific sublots, parking spots, or other designated areas must be assigned to each person or family.
   (3)  Property and personal safety and security measures shall be established.
   (4)  Sanitization measures shall be established including providing residents, at a minimum, clean and running water, restrooms, and a location to shower.
   (5)  Access shall be provided to regionally available services such as behavioral health, substance abuse, and mental health treatment.
   (6)  Alcoholic beverages and all illegal substances shall be banned from the public camping location.
   (7)  All other federal, state, and local laws, ordinances, and resolutions are applicable and shall be enforced.
   b.  The attorney general, or a resident or a business owner of the county, may seek an injunction to enforce the requirements of this subsection or may initiate other proceedings in district court. If the resident or business owner prevails, the court may award reasonable expenses to be paid by the county including but not limited to court costs, attorney fees, and any and all costs associated with the proceedings. Prior to seeking an injunction, the resident or business owner shall provide written notice to the county that an alleged violation of paragraph “a” has occurred and allow the county at least five business days to cure the violation.
   c.  This subsection is not applicable to any other type of camping or campgrounds authorized under local, state, or federal laws and regulations. Nothing in this subsection shall be construed to restrict the state nor any county from authorizing, maintaining, or allowing temporary camping on a public or private campsite.
   d.  For purposes of this subsection:
   (1)  “Campsite” means a location on public or private grounds designated for recreational overnight use for limited durations.
   (2)  “Public camping” means sleeping, occupying, or otherwise using public property as a substitute for a shelter.
   (3)  “Unsheltered homelessness” means the state of using private or public property as a nontraditional primary residence. Areas and objects that are traditionally not used as a primary residence include but are not limited to vehicles, public parks, abandoned buildings, bus or train stations, and airport property.
    Sec. 3.  Section 364.2, Code 2025, is amended by adding the following new subsection:
   NEW SUBSECTION.  7.  a.  A city may adopt or enforce an ordinance, motion, resolution, or amendment designating portions of public property within its jurisdiction, for periods not to exceed one year, to be used for public camping by persons experiencing unsheltered homelessness. Such an ordinance, motion, resolution, or amendment shall include the following standards and requirements:
   (1)  A list of residents must be kept identifying the names and dates of persons using the public camping location.
   (2)  Specific sublots, parking spots, or other designated areas must be assigned to each person or family.
   (3)  Property and personal safety and security measures shall be established.
   (4)  Sanitization measures shall be established including providing residents, at a minimum, clean and running water, restrooms, and a location to shower.
   (5)  Access shall be provided to regionally available services such as behavioral health, substance abuse, and mental health treatment.
   (6)  Alcoholic beverages and all illegal substances shall be banned from the public camping location.
   (7)  All other federal, state, and local laws, ordinances, and resolutions are applicable and shall be enforced.
   b.  The attorney general, or a resident or a business owner of the city, may seek an injunction to enforce the requirements of this subsection or may initiate other proceedings in district court. If the resident or business owner prevails, the court may award reasonable expenses to be paid by the city including but not limited to court costs, attorney fees, and any and all costs associated with the proceedings. Prior to seeking an injunction, the resident or business owner shall provide written notice to the city that an alleged violation of paragraph “a” has occurred and allow the city at least five business days to cure the violation.
   c.  This subsection is not applicable to any other type of camping or campgrounds authorized under local, state, or federal laws and regulations. Nothing in this subsection shall be construed to restrict the state nor any city from authorizing, maintaining, or allowing temporary camping on a public or private campsite.
   d.  For purposes of this subsection:
   (1)  “Campsite” means a location on public or private grounds designated for recreational overnight use for limited durations.
   (2)  “Public camping” means sleeping, occupying, or otherwise using public property as a substitute for a shelter.
   (3)  “Unsheltered homelessness” means the state of using private or public property as a nontraditional primary residence. Areas and objects that are traditionally not used as a primary residence include but are not limited to vehicles, public parks, abandoned buildings, bus or train stations, and airport property.
DIVISION III
DRUG-FREE HOMELESS SERVICE ZONES

    Sec. 4.  NEW SECTION.  716.16  Drug-free homeless service zones.
   1.  A person commits a violation of this section if the person intentionally or knowingly does any of the following:
   a.  The person is present within a drug-free homeless service zone and sells or transfers or attempts to sell or transfer a controlled substance.
   b.  The person operates or has authority to enforce the policies and requirements of a facility-based drug-free homeless service zone that primarily serves homeless individuals and that receives state, local, or federal funding, and the person allows an individual accessing services to possess or use a controlled substance on the premises of the facility.
   2.  An offense under subsection 1, paragraph “a”, is punishable as the same class of criminal violation for which the offense would be punishable under existing law had the violation not occurred within a drug-free homeless service zone, except that the presumptive, minimum, and maximum sentence for the offense shall be increased by one year. The additional sentence imposed under this subsection is in addition to any enhanced punishment that may be applicable under subsection 4. Notwithstanding any other law to the contrary, a person convicted under this section is not eligible for a deferred judgment, deferred or suspended sentence, probation, or work release.
   3.  A person who violates subsection 1, paragraph “b”, is guilty of an aggravated misdemeanor.
   4.  An operator of a facility-based drug-free homeless service zone who violates subsection 1, paragraph “b”, is ineligible to apply for homelessness assistance grants from the state for a period of three years from the date of conviction.
   5.  In addition to any other penalty, a person convicted of an offense under this title shall be punished by a fine of not less than two thousand dollars or three times the value as determined by the court of the drugs involved in or giving rise to the offense, whichever is greater. No fine under this subsection shall be suspended, in part or whole, for any reason.
   6.  Each operator of a facility-based service that primarily serve homeless individuals shall place and maintain permanently affixed signs located in a conspicuous manner clearly visible to the public at the main entrance of the facility that identifies the building and its accompanying grounds as a drug-free homeless service zone. Such signs shall be written in both English and Spanish and in contrasting colors with block letters at least one inch in height.
   7.  For the purposes of this section:
   a.  “Drug-free homeless service zone” means the area within three hundred feet of the premises of a facility-based service.
   b.  “Facility-based service” means any emergency or temporary shelter, transitional housing provider, or permanent supportive housing entity that receives government funding for the purpose of providing shelter to homeless persons.
   c.  “Operator” means the sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association that is the direct recipient of government funding for the provision of facility-based services.
DIVISION IV
FUNDING FOR HOMELESS SHELTERS —— ANNUAL REPORTS

    Sec. 5.  NEW SECTION.  16.5G  Homelessness funding —— annual reports.
   1.  As used in this section unless the context requires otherwise:
   a.  “Coordinating entity” means the state, any political subdivision, or any continuum of care program as recognized by the United States department of housing and urban development and the collaborative applicant of the continuum of care program.
   b.  “Service provider” means a nonprofit, nongovernmental homeless service provider, including but not limited to a homeless shelter, a homeless service or advocacy program, or a tribal organization, coalition, or other nonprofit, nongovernmental organization carrying out a community-based homeless or housing program that has a documented history of effective work concerning homelessness, or that receives state or federal funding to address homelessness.
   c.  “Type of service” means an identifiable outcome expected from the disbursement of moneys intended to address a specific purpose in combating homelessness, including but not limited to the provision of housing and emergency shelter, case management, outreach and navigation efforts, job acquisition, or behavioral health counseling.
   2.  A coordinating entity that received funding in the immediately preceding fiscal year for the purpose of combating homelessness shall annually report to the authority all of the following:
   a.  A comprehensive overview of all of the following:
   (1)  The coordinating entity’s overall homelessness response plan that prioritizes strategies intended to reduce the number of unsheltered individuals and families, including the overall measurable goal of the response plan and any specific measurable outcomes to reduce the number of unsheltered people and achieve such goal.
   (2)  The coordinating entity’s financial award process, including the extent to which prior performance affects financial awards and accountability and affects referrals to service providers to ensure that individuals experiencing homelessness who are in need of services receive appropriate services.
   (3)  The coordinating entity’s efforts to avoid duplication of services and method of reporting progress in attaining positive outcomes for bed utilization, outreach and referral activities, and participation in rehabilitative and employment attainment programs.
   (4)  The coordinating entity’s tracking and management system for financial awards, billing, and invoicing; estimating the number of individuals and households experiencing homelessness; determining the acuity levels of individuals participating in homelessness assistance programs; and coordinating shelter and permanent supportive housing placement.
   b.  An overview of the homeless population served by the coordinating entity including all of the following:
   (1)  The types of homelessness occurring in the region served by the coordinating entity.
   (2)  The subpopulations of homeless individuals, including but not limited to individuals who have recently been incarcerated, are victims of domestic violence, have a disability, are seriously mentally ill, are chronically homeless, are experiencing substance use disorder, and other pertinent characteristics of homelessness.
   (3)  The type of services provided by the coordinating entity and made available for each subpopulation of individuals experiencing homelessness. 
   (4)  The types of housing and shelter provided and made available by the coordinating entity for each subpopulation of individuals experiencing homelessness.
   (5)  The number of distinct individuals served by the coordinating entity during the immediately preceding fiscal year.
   (6)  The number of beds and units of each shelter type created or maintained by the coordinating entity in the immediately preceding fiscal year.
   (7)  The number of beds and units of each shelter type eliminated, if any, in the immediately preceding fiscal year by each service provider.
   (8)  For each service provider, the number of individuals who successfully transitioned from each of the following:
   (a)  Independent shelter.
   (b)  Permanent supportive housing.
   (c)  Market rate housing.
   (d)  Transitional housing.
   (e)  Other housing.
   c.  The total amount of funding received by the coordinating entity for the purpose of combating homelessness, and for each identified funding source, provide the following:
   (1)  The source of the funding.
   (2)  The recipients and subrecipients of the funding.
   (3)  The amount of funding received from each funding source.
   (4)  The type of services each funding source intended to support with the moneys provided, if applicable.
   (5)  Any restrictions on the use of moneys received from each funding source, if applicable.
   d.  All moneys disbursed for the purpose of combating homelessness, including all of the following:
   (1)  The total moneys disbursed to each service provider and the funding source.
   (2)  The total moneys disbursed to service providers, per type of service, per funding source, and the total number of individuals served by each service provider per type of service during the immediately preceding fiscal year.
   (3)  The average cost per unit of service that was successfully delivered.
   e.  The total funding disbursed for each subpopulation of homeless individual, per type of service.
   f.  Ancillary funding provided for indirect homelessness support efforts, including but not limited to all of the following:
   (1)  Emergency room usage.
   (2)  Emergency service usage.
   (3)  Sanitation.
   (4)  Code enforcement.
   (5)  Mental health and substance use treatment.
   3.  Each service provider shall annually report to the authority all of the following:
   a.  The service provider’s audit and related records as required by 2 C.F.R. §200.501.
   b.  For service providers providing housing services, the provider’s success rate helping homeless individuals achieve independent shelter.
   c.  For service providers providing vocational services, the provider’s success rate helping homeless individuals with job acquisition.
   d.  For service providers providing mental and physical health care, the provider’s success rate helping homeless individuals reduce emergency room usage and increase management or treatment of substance use disorder, as applicable.
   e.  For service providers providing mental and physical health care, the provider’s success rate helping homeless individuals reduce emergency room usage and increase management or treatment of severe mental illness, as applicable.
   f.  For service providers providing emergency shelter and service providers providing transitional housing, all of the following: 
   (1)  Retention rates per night per occupied bed.
   (2)  Occupancy rate based on total available capacity, on average.
   (3)  Frequency and number of individuals denied shelter each night.
   (4)  Cost of unit delivery, per night.
   (5)  Outcomes of individual’s exits from shelter, including aggregate reason and individual’s new location.
   (6)  Efforts by a shelter and service provider to support independent shelter, job acquisition, and management or elimination of substance use disorders or severe mental illnesses.
   (7)  Types of services provided or facilitated by a shelter provider.
   (8)  Prevalence of violence.
   (9)  Prevalence of unintended death.
   (10)  Prevalence of mortality and morbidity.
   g.  For service providers providing safe haven and service providers providing rapid rehousing, all of the following:
   (1)  Retention rates per night per occupied bed.
   (2)  Occupancy rate based on total available capacity, on average.
   (3)  Cost of unit delivery, per night.
   (4)  Outcomes of individuals’ exits from shelter, including aggregate reason and each individual’s new location.
   (5)  Efforts by a shelter and service provider to support independent shelter, job acquisition, and management or elimination of substance use disorders or severe mental illnesses.
   (6)  Types of services provided or facilitated by a shelter provider.
   (7)  Prevalence of violence.
   (8)  Prevalence of unintended death.
   (9)  Prevalence of mortality and morbidity.
   h.  For service providers providing permanent supportive housing, all of the following:
   (1)  Retention rates per month of service provided.
   (2)  Occupancy rate based on total available capacity, on average.
   (3)  Cost of unit delivery, per month.
   (4)  Outcomes of individuals’ exits from shelter, including aggregate reason and each individual’s new location.
   (5)  Efforts by a service provider to support independent shelter, job acquisition, and management or elimination of substance use disorders or severe mental illnesses.
   (6)  Types of service provided or facilitated by a shelter provider.
   (7)  Prevalence of violence.
   (8)  Prevalence of unintended death.
   (9)  Prevalence of mortality and morbidity.
   4.  The authority shall make the reports submitted under this section publicly available on the authority’s internet site.
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 homelessness including unauthorized use of public land, sanctioned camping, drug-free homeless service zones, and funding for homeless services.
   DIVISION I —— UNAUTHORIZED USE OF PUBLIC LAND. 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. A simple misdemeanor is punishable by confinement for no more than 30 days and a fine of at least $105 but not more than $855.
    The bill also prohibits a political subdivision from adopting or enforcing 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. 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 the obstruction of public rights-of-way, including roads and sidewalks.
   The bill does not prohibit a policy of any political subdivision that encourages diversion programs or offers services in lieu of citation or arrest.
   The attorney general may bring a civil action against any political subdivision to enjoin the political subdivision from violating the bill, and the attorney general may recover reasonable expenses incurred in any civil action brought under the bill.
   DIVISION II —— PUBLIC CAMPING —— COUNTIES AND CITIES. The bill allows a county or city to adopt or enforce an ordinance, motion, resolution, or amendment designating portions of public property within its jurisdiction, for periods not to exceed one year, to be used for public camping by persons experiencing unsheltered homelessness. The ordinance, motion, or resolution shall include the following standards and requirements: a list of residents must be kept identifying the names and dates of persons using the public camping location; specific sublots, parking spots, or other designated areas must be assigned to each person or family; property and personal safety and security measures shall be established; sanitization measures shall be established including providing residents, at a minimum, clean and running water, restrooms, and a location to shower; access shall be provided to regionally available services such as behavioral health, substance abuse, and mental health treatment; alcoholic beverages and all illegal substances shall be banned from the public camping location; and all other federal, state, and local laws, ordinances, and resolutions are applicable and shall be enforced. The attorney general, or a resident or a business owner of the county may seek an injunction to enforce the requirements of the bill or may initiate other proceedings in district court. If the resident or business owner prevails, the court may award reasonable expenses to be paid by the county or city including but not limited to court costs, attorney fees, and any and all costs associated with the proceedings. Prior to seeking an injunction, the resident or business owner shall provide written notice to the county or city that an alleged violation of the bill has occurred and allow the county at least five business days to cure the violation. The bill does not apply to any other type of camping or campgrounds authorized under local, state, or federal laws and regulations. The bill defines “camping”, “public camping”, and “unsheltered homelessness”.
   DIVISION III —— DRUG-FREE HOMELESS SERVICE ZONES. The bill prohibits a person from intentionally or knowingly doing any of the following: the person sells or transfers or attempts to sell or transfer a controlled substance while present within a drug-free homeless service zone; or the person operates or has authority to enforce the policies and requirements of a facility-based drug-free service zone that primarily serves homeless individuals and that receives state, local, or federal funding, and the person allows an individual accessing services to possess or use a controlled substance on the premises of the facility.
   The bill provides that a person who sells or transfers a controlled substance, or attempts to sell or transfer a controlled substance within a drug-free homeless service zone is punishable as the same class of criminal violation for which the offense would be punishable under existing law had the violation not occurred within a drug-free homeless service zone, except that the minimum and maximum sentence for the offense shall be increased by one year. A person convicted of this offense is not eligible for a deferred judgment, deferred or suspended sentence, probation, or work release.
   The bill provides that a person who operates or has authority to enforce the policies and requirements of a facility-based drug-free service zone who allows an individual accessing services to possess or use a controlled substance on the premises of the facility is guilty of an aggravated misdemeanor. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. An operator of a facility-based drug-free service zone who violates the bill is ineligible to apply for homelessness assistance grants from the state for a period of three years from the date of conviction.
   The bill provides that in addition to any other penalty, a person convicted of an offense under the bill shall be punished by a fine of not less than $2,000 or three times the value as determined by the court of the drugs involved in or giving rise to the offense, whichever is greater. The fine may not be suspended, in part or whole, for any reason.
   The bill requires the operator of a facility-based service that primarily serves homeless individuals to place and maintain permanently affixed signs located in a conspicuous manner clearly visible to the public at the main entrance of the facility that identifies the building and its accompanying grounds as a drug-free homeless service zone. Such signs shall be written in both English and Spanish and in contrasting colors with block letters at least one inch in height.
   The bill defines “drug-free homeless service zone”, “facility-based services”, and “operator”.
   DIVISION IV —— FUNDING FOR HOMELESS SERVICES —— ANNUAL REPORTS. Under the bill, a coordinating entity that received funding in the immediately preceding fiscal year for the purpose of combating homelessness shall annually report to the Iowa finance authority all of the information required by the bill, including certain comprehensive overviews, an overview of the homeless population served by the coordinating entity, the total amount of moneys received by the coordinating entity, and details regarding how the moneys were disbursed for the purpose of combating homelessness.
   Under the bill, each service provider shall annually report to the Iowa finance authority all of the information required by the bill for the type of service as well as the service provider’s audit and related records. The Iowa finance authority shall make the reports publicly available on the authority’s internet site.
   The bill defines “coordinating entity”, “service provider”, and “type of service”.