Senate
Study
Bill
1195
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
LOCAL
GOVERNMENT
BILL
BY
CHAIRPERSON
WEBSTER)
A
BILL
FOR
An
Act
relating
to
homelessness
including
unauthorized
use
of
1
public
land,
sanctioned
camping,
drug-free
homeless
service
2
zones,
and
funding
for
homeless
services,
and
providing
3
penalties.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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DIVISION
I
1
UNAUTHORIZED
USE
OF
PUBLIC
LAND
2
Section
1.
NEW
SECTION
.
716.15
Unauthorized
use
of
public
3
land.
4
1.
A
person
shall
not
use
public
property
for
unauthorized
5
sleeping,
camping,
or
long-term
shelter.
If
an
individual
6
knowingly
violates
this
subsection,
the
individual
shall
be
7
issued
a
warning
and
offered
services
or
shelter.
If
the
8
individual
refuses
to
vacate
the
public
property
after
being
9
issued
a
warning,
the
individual
commits
a
simple
misdemeanor.
10
2.
a.
A
political
subdivision
shall
not
adopt
or
enforce
11
any
policy
under
which
the
political
subdivision
directly
or
12
indirectly
prohibits
or
discourages
the
enforcement
of
any
13
order
or
ordinance
prohibiting
unauthorized
sleeping,
camping,
14
or
long-term
shelter
on
public
property,
or
obstruction
of
15
public
rights-of-way,
including
roads
and
sidewalks.
16
b.
A
political
subdivision
shall
not
directly
or
indirectly
17
prohibit
or
discourage
a
peace
officer
or
prosecuting
attorney
18
who
is
employed
by,
or
otherwise
under
the
direction
or
control
19
of,
the
political
subdivision
from
enforcing
any
order
or
20
ordinance
prohibiting
unauthorized
sleeping,
camping,
or
21
long-term
shelter
on
public
property
or
obstruction
of
public
22
rights-of-way,
including
roads
and
sidewalks.
23
3.
This
section
shall
not
prohibit
a
policy
of
any
political
24
subdivision
that
encourages
diversion
programs
or
offers
25
services
in
lieu
of
citation
or
arrest.
26
4.
a.
The
attorney
general
may
bring
a
civil
action
in
27
any
court
of
competent
jurisdiction
against
any
political
28
subdivision
to
enjoin
the
political
subdivision
from
violating
29
this
section.
30
b.
The
attorney
general
may
recover
reasonable
expenses
31
incurred
in
any
civil
action
brought
under
this
section,
32
including
court
costs,
reasonable
attorney
fees,
investigative
33
costs,
witness
fees,
and
deposition
costs.
34
DIVISION
II
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PUBLIC
CAMPING
——
COUNTIES
AND
CITIES
1
Sec.
2.
Section
331.301,
Code
2025,
is
amended
by
adding
the
2
following
new
subsection:
3
NEW
SUBSECTION
.
27.
a.
A
county
may
adopt
or
enforce
4
an
ordinance,
motion,
resolution,
or
amendment
designating
5
portions
of
public
property
within
its
jurisdiction,
for
6
periods
not
to
exceed
one
year,
to
be
used
for
public
camping
7
by
persons
experiencing
unsheltered
homelessness.
Such
an
8
ordinance,
motion,
resolution,
or
amendment
shall
include
the
9
following
standards
and
requirements:
10
(1)
A
list
of
residents
must
be
kept
identifying
the
names
11
and
dates
of
persons
using
the
public
camping
location.
12
(2)
Specific
sublots,
parking
spots,
or
other
designated
13
areas
must
be
assigned
to
each
person
or
family.
14
(3)
Property
and
personal
safety
and
security
measures
15
shall
be
established.
16
(4)
Sanitization
measures
shall
be
established
including
17
providing
residents,
at
a
minimum,
clean
and
running
water,
18
restrooms,
and
a
location
to
shower.
19
(5)
Access
shall
be
provided
to
regionally
available
20
services
such
as
behavioral
health,
substance
abuse,
and
mental
21
health
treatment.
22
(6)
Alcoholic
beverages
and
all
illegal
substances
shall
be
23
banned
from
the
public
camping
location.
24
(7)
All
other
federal,
state,
and
local
laws,
ordinances,
25
and
resolutions
are
applicable
and
shall
be
enforced.
26
b.
The
attorney
general,
or
a
resident
or
a
business
27
owner
of
the
county,
may
seek
an
injunction
to
enforce
28
the
requirements
of
this
subsection
or
may
initiate
other
29
proceedings
in
district
court.
If
the
resident
or
business
30
owner
prevails,
the
court
may
award
reasonable
expenses
to
be
31
paid
by
the
county
including
but
not
limited
to
court
costs,
32
attorney
fees,
and
any
and
all
costs
associated
with
the
33
proceedings.
Prior
to
seeking
an
injunction,
the
resident
or
34
business
owner
shall
provide
written
notice
to
the
county
that
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an
alleged
violation
of
paragraph
“a”
has
occurred
and
allow
the
1
county
at
least
five
business
days
to
cure
the
violation.
2
c.
This
subsection
is
not
applicable
to
any
other
type
3
of
camping
or
campgrounds
authorized
under
local,
state,
or
4
federal
laws
and
regulations.
Nothing
in
this
subsection
5
shall
be
construed
to
restrict
the
state
nor
any
county
from
6
authorizing,
maintaining,
or
allowing
temporary
camping
on
a
7
public
or
private
campsite.
8
d.
For
purposes
of
this
subsection:
9
(1)
“Campsite”
means
a
location
on
public
or
private
10
grounds
designated
for
recreational
overnight
use
for
limited
11
durations.
12
(2)
“Public
camping”
means
sleeping,
occupying,
or
otherwise
13
using
public
property
as
a
substitute
for
a
shelter.
14
(3)
“Unsheltered
homelessness”
means
the
state
of
using
15
private
or
public
property
as
a
nontraditional
primary
16
residence.
Areas
and
objects
that
are
traditionally
not
used
17
as
a
primary
residence
include
but
are
not
limited
to
vehicles,
18
public
parks,
abandoned
buildings,
bus
or
train
stations,
and
19
airport
property.
20
Sec.
3.
Section
364.2,
Code
2025,
is
amended
by
adding
the
21
following
new
subsection:
22
NEW
SUBSECTION
.
7.
a.
A
city
may
adopt
or
enforce
an
23
ordinance,
motion,
resolution,
or
amendment
designating
24
portions
of
public
property
within
its
jurisdiction,
for
25
periods
not
to
exceed
one
year,
to
be
used
for
public
camping
26
by
persons
experiencing
unsheltered
homelessness.
Such
an
27
ordinance,
motion,
resolution,
or
amendment
shall
include
the
28
following
standards
and
requirements:
29
(1)
A
list
of
residents
must
be
kept
identifying
the
names
30
and
dates
of
persons
using
the
public
camping
location.
31
(2)
Specific
sublots,
parking
spots,
or
other
designated
32
areas
must
be
assigned
to
each
person
or
family.
33
(3)
Property
and
personal
safety
and
security
measures
34
shall
be
established.
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(4)
Sanitization
measures
shall
be
established
including
1
providing
residents,
at
a
minimum,
clean
and
running
water,
2
restrooms,
and
a
location
to
shower.
3
(5)
Access
shall
be
provided
to
regionally
available
4
services
such
as
behavioral
health,
substance
abuse,
and
mental
5
health
treatment.
6
(6)
Alcoholic
beverages
and
all
illegal
substances
shall
be
7
banned
from
the
public
camping
location.
8
(7)
All
other
federal,
state,
and
local
laws,
ordinances,
9
and
resolutions
are
applicable
and
shall
be
enforced.
10
b.
The
attorney
general,
or
a
resident
or
a
business
owner
11
of
the
city,
may
seek
an
injunction
to
enforce
the
requirements
12
of
this
subsection
or
may
initiate
other
proceedings
in
13
district
court.
If
the
resident
or
business
owner
prevails,
14
the
court
may
award
reasonable
expenses
to
be
paid
by
the
city
15
including
but
not
limited
to
court
costs,
attorney
fees,
and
16
any
and
all
costs
associated
with
the
proceedings.
Prior
to
17
seeking
an
injunction,
the
resident
or
business
owner
shall
18
provide
written
notice
to
the
city
that
an
alleged
violation
19
of
paragraph
“a”
has
occurred
and
allow
the
city
at
least
five
20
business
days
to
cure
the
violation.
21
c.
This
subsection
is
not
applicable
to
any
other
type
22
of
camping
or
campgrounds
authorized
under
local,
state,
or
23
federal
laws
and
regulations.
Nothing
in
this
subsection
24
shall
be
construed
to
restrict
the
state
nor
any
city
from
25
authorizing,
maintaining,
or
allowing
temporary
camping
on
a
26
public
or
private
campsite.
27
d.
For
purposes
of
this
subsection:
28
(1)
“Campsite”
means
a
location
on
public
or
private
29
grounds
designated
for
recreational
overnight
use
for
limited
30
durations.
31
(2)
“Public
camping”
means
sleeping,
occupying,
or
otherwise
32
using
public
property
as
a
substitute
for
a
shelter.
33
(3)
“Unsheltered
homelessness”
means
the
state
of
using
34
private
or
public
property
as
a
nontraditional
primary
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residence.
Areas
and
objects
that
are
traditionally
not
used
1
as
a
primary
residence
include
but
are
not
limited
to
vehicles,
2
public
parks,
abandoned
buildings,
bus
or
train
stations,
and
3
airport
property.
4
DIVISION
III
5
DRUG-FREE
HOMELESS
SERVICE
ZONES
6
Sec.
4.
NEW
SECTION
.
716.16
Drug-free
homeless
service
7
zones.
8
1.
A
person
commits
a
violation
of
this
section
if
the
9
person
intentionally
or
knowingly
does
any
of
the
following:
10
a.
The
person
is
present
within
a
drug-free
homeless
service
11
zone
and
sells
or
transfers
or
attempts
to
sell
or
transfer
a
12
controlled
substance.
13
b.
The
person
operates
or
has
authority
to
enforce
the
14
policies
and
requirements
of
a
facility-based
drug-free
15
homeless
service
zone
that
primarily
serves
homeless
16
individuals
and
that
receives
state,
local,
or
federal
funding,
17
and
the
person
allows
an
individual
accessing
services
to
18
possess
or
use
a
controlled
substance
on
the
premises
of
the
19
facility.
20
2.
An
offense
under
subsection
1,
paragraph
“a”
,
is
21
punishable
as
the
same
class
of
criminal
violation
for
which
22
the
offense
would
be
punishable
under
existing
law
had
the
23
violation
not
occurred
within
a
drug-free
homeless
service
24
zone,
except
that
the
presumptive,
minimum,
and
maximum
25
sentence
for
the
offense
shall
be
increased
by
one
year.
26
The
additional
sentence
imposed
under
this
subsection
is
in
27
addition
to
any
enhanced
punishment
that
may
be
applicable
28
under
subsection
4.
Notwithstanding
any
other
law
to
the
29
contrary,
a
person
convicted
under
this
section
is
not
eligible
30
for
a
deferred
judgment,
deferred
or
suspended
sentence,
31
probation,
or
work
release.
32
3.
A
person
who
violates
subsection
1,
paragraph
“b”
,
is
33
guilty
of
an
aggravated
misdemeanor.
34
4.
An
operator
of
a
facility-based
drug-free
homeless
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service
zone
who
violates
subsection
1,
paragraph
“b”
,
is
1
ineligible
to
apply
for
homelessness
assistance
grants
from
the
2
state
for
a
period
of
three
years
from
the
date
of
conviction.
3
5.
In
addition
to
any
other
penalty,
a
person
convicted
4
of
an
offense
under
this
title
shall
be
punished
by
a
fine
of
5
not
less
than
two
thousand
dollars
or
three
times
the
value
6
as
determined
by
the
court
of
the
drugs
involved
in
or
giving
7
rise
to
the
offense,
whichever
is
greater.
No
fine
under
8
this
subsection
shall
be
suspended,
in
part
or
whole,
for
any
9
reason.
10
6.
Each
operator
of
a
facility-based
service
that
primarily
11
serve
homeless
individuals
shall
place
and
maintain
permanently
12
affixed
signs
located
in
a
conspicuous
manner
clearly
visible
13
to
the
public
at
the
main
entrance
of
the
facility
that
14
identifies
the
building
and
its
accompanying
grounds
as
a
15
drug-free
homeless
service
zone.
Such
signs
shall
be
written
16
in
both
English
and
Spanish
and
in
contrasting
colors
with
17
block
letters
at
least
one
inch
in
height.
18
7.
For
the
purposes
of
this
section:
19
a.
“Drug-free
homeless
service
zone”
means
the
area
within
20
three
hundred
feet
of
the
premises
of
a
facility-based
service.
21
b.
“Facility-based
service”
means
any
emergency
or
temporary
22
shelter,
transitional
housing
provider,
or
permanent
supportive
23
housing
entity
that
receives
government
funding
for
the
purpose
24
of
providing
shelter
to
homeless
persons.
25
c.
“Operator”
means
the
sole
proprietorship,
organization,
26
association,
corporation,
partnership,
joint
venture,
limited
27
partnership,
limited
liability
partnership,
limited
liability
28
company,
or
other
entity
or
business
association
that
is
the
29
direct
recipient
of
government
funding
for
the
provision
of
30
facility-based
services.
31
DIVISION
IV
32
FUNDING
FOR
HOMELESS
SHELTERS
——
ANNUAL
REPORTS
33
Sec.
5.
NEW
SECTION
.
16.5G
Homelessness
funding
——
annual
34
reports.
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1.
As
used
in
this
section
unless
the
context
requires
1
otherwise:
2
a.
“Coordinating
entity”
means
the
state,
any
political
3
subdivision,
or
any
continuum
of
care
program
as
recognized
by
4
the
United
States
department
of
housing
and
urban
development
5
and
the
collaborative
applicant
of
the
continuum
of
care
6
program.
7
b.
“Service
provider”
means
a
nonprofit,
nongovernmental
8
homeless
service
provider,
including
but
not
limited
to
a
9
homeless
shelter,
a
homeless
service
or
advocacy
program,
10
or
a
tribal
organization,
coalition,
or
other
nonprofit,
11
nongovernmental
organization
carrying
out
a
community-based
12
homeless
or
housing
program
that
has
a
documented
history
of
13
effective
work
concerning
homelessness,
or
that
receives
state
14
or
federal
funding
to
address
homelessness.
15
c.
“Type
of
service”
means
an
identifiable
outcome
expected
16
from
the
disbursement
of
moneys
intended
to
address
a
specific
17
purpose
in
combating
homelessness,
including
but
not
limited
18
to
the
provision
of
housing
and
emergency
shelter,
case
19
management,
outreach
and
navigation
efforts,
job
acquisition,
20
or
behavioral
health
counseling.
21
2.
A
coordinating
entity
that
received
funding
in
the
22
immediately
preceding
fiscal
year
for
the
purpose
of
combating
23
homelessness
shall
annually
report
to
the
authority
all
of
the
24
following:
25
a.
A
comprehensive
overview
of
all
of
the
following:
26
(1)
The
coordinating
entity’s
overall
homelessness
response
27
plan
that
prioritizes
strategies
intended
to
reduce
the
28
number
of
unsheltered
individuals
and
families,
including
the
29
overall
measurable
goal
of
the
response
plan
and
any
specific
30
measurable
outcomes
to
reduce
the
number
of
unsheltered
people
31
and
achieve
such
goal.
32
(2)
The
coordinating
entity’s
financial
award
process,
33
including
the
extent
to
which
prior
performance
affects
34
financial
awards
and
accountability
and
affects
referrals
to
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service
providers
to
ensure
that
individuals
experiencing
1
homelessness
who
are
in
need
of
services
receive
appropriate
2
services.
3
(3)
The
coordinating
entity’s
efforts
to
avoid
duplication
4
of
services
and
method
of
reporting
progress
in
attaining
5
positive
outcomes
for
bed
utilization,
outreach
and
referral
6
activities,
and
participation
in
rehabilitative
and
employment
7
attainment
programs.
8
(4)
The
coordinating
entity’s
tracking
and
management
9
system
for
financial
awards,
billing,
and
invoicing;
estimating
10
the
number
of
individuals
and
households
experiencing
11
homelessness;
determining
the
acuity
levels
of
individuals
12
participating
in
homelessness
assistance
programs;
and
13
coordinating
shelter
and
permanent
supportive
housing
14
placement.
15
b.
An
overview
of
the
homeless
population
served
by
the
16
coordinating
entity
including
all
of
the
following:
17
(1)
The
types
of
homelessness
occurring
in
the
region
served
18
by
the
coordinating
entity.
19
(2)
The
subpopulations
of
homeless
individuals,
including
20
but
not
limited
to
individuals
who
have
recently
been
21
incarcerated,
are
victims
of
domestic
violence,
have
a
22
disability,
are
seriously
mentally
ill,
are
chronically
23
homeless,
are
experiencing
substance
use
disorder,
and
other
24
pertinent
characteristics
of
homelessness.
25
(3)
The
type
of
services
provided
by
the
coordinating
26
entity
and
made
available
for
each
subpopulation
of
individuals
27
experiencing
homelessness.
28
(4)
The
types
of
housing
and
shelter
provided
and
made
29
available
by
the
coordinating
entity
for
each
subpopulation
of
30
individuals
experiencing
homelessness.
31
(5)
The
number
of
distinct
individuals
served
by
the
32
coordinating
entity
during
the
immediately
preceding
fiscal
33
year.
34
(6)
The
number
of
beds
and
units
of
each
shelter
type
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created
or
maintained
by
the
coordinating
entity
in
the
1
immediately
preceding
fiscal
year.
2
(7)
The
number
of
beds
and
units
of
each
shelter
type
3
eliminated,
if
any,
in
the
immediately
preceding
fiscal
year
by
4
each
service
provider.
5
(8)
For
each
service
provider,
the
number
of
individuals
who
6
successfully
transitioned
from
each
of
the
following:
7
(a)
Independent
shelter.
8
(b)
Permanent
supportive
housing.
9
(c)
Market
rate
housing.
10
(d)
Transitional
housing.
11
(e)
Other
housing.
12
c.
The
total
amount
of
funding
received
by
the
coordinating
13
entity
for
the
purpose
of
combating
homelessness,
and
for
each
14
identified
funding
source,
provide
the
following:
15
(1)
The
source
of
the
funding.
16
(2)
The
recipients
and
subrecipients
of
the
funding.
17
(3)
The
amount
of
funding
received
from
each
funding
source.
18
(4)
The
type
of
services
each
funding
source
intended
to
19
support
with
the
moneys
provided,
if
applicable.
20
(5)
Any
restrictions
on
the
use
of
moneys
received
from
each
21
funding
source,
if
applicable.
22
d.
All
moneys
disbursed
for
the
purpose
of
combating
23
homelessness,
including
all
of
the
following:
24
(1)
The
total
moneys
disbursed
to
each
service
provider
and
25
the
funding
source.
26
(2)
The
total
moneys
disbursed
to
service
providers,
per
27
type
of
service,
per
funding
source,
and
the
total
number
of
28
individuals
served
by
each
service
provider
per
type
of
service
29
during
the
immediately
preceding
fiscal
year.
30
(3)
The
average
cost
per
unit
of
service
that
was
31
successfully
delivered.
32
e.
The
total
funding
disbursed
for
each
subpopulation
of
33
homeless
individual,
per
type
of
service.
34
f.
Ancillary
funding
provided
for
indirect
homelessness
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support
efforts,
including
but
not
limited
to
all
of
the
1
following:
2
(1)
Emergency
room
usage.
3
(2)
Emergency
service
usage.
4
(3)
Sanitation.
5
(4)
Code
enforcement.
6
(5)
Mental
health
and
substance
use
treatment.
7
3.
Each
service
provider
shall
annually
report
to
the
8
authority
all
of
the
following:
9
a.
The
service
provider’s
audit
and
related
records
as
10
required
by
2
C.F.R.
§200.501.
11
b.
For
service
providers
providing
housing
services,
the
12
provider’s
success
rate
helping
homeless
individuals
achieve
13
independent
shelter.
14
c.
For
service
providers
providing
vocational
services,
the
15
provider’s
success
rate
helping
homeless
individuals
with
job
16
acquisition.
17
d.
For
service
providers
providing
mental
and
physical
18
health
care,
the
provider’s
success
rate
helping
homeless
19
individuals
reduce
emergency
room
usage
and
increase
management
20
or
treatment
of
substance
use
disorder,
as
applicable.
21
e.
For
service
providers
providing
mental
and
physical
22
health
care,
the
provider’s
success
rate
helping
homeless
23
individuals
reduce
emergency
room
usage
and
increase
management
24
or
treatment
of
severe
mental
illness,
as
applicable.
25
f.
For
service
providers
providing
emergency
shelter
and
26
service
providers
providing
transitional
housing,
all
of
the
27
following:
28
(1)
Retention
rates
per
night
per
occupied
bed.
29
(2)
Occupancy
rate
based
on
total
available
capacity,
on
30
average.
31
(3)
Frequency
and
number
of
individuals
denied
shelter
each
32
night.
33
(4)
Cost
of
unit
delivery,
per
night.
34
(5)
Outcomes
of
individual’s
exits
from
shelter,
including
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aggregate
reason
and
individual’s
new
location.
1
(6)
Efforts
by
a
shelter
and
service
provider
to
support
2
independent
shelter,
job
acquisition,
and
management
or
3
elimination
of
substance
use
disorders
or
severe
mental
4
illnesses.
5
(7)
Types
of
services
provided
or
facilitated
by
a
shelter
6
provider.
7
(8)
Prevalence
of
violence.
8
(9)
Prevalence
of
unintended
death.
9
(10)
Prevalence
of
mortality
and
morbidity.
10
g.
For
service
providers
providing
safe
haven
and
service
11
providers
providing
rapid
rehousing,
all
of
the
following:
12
(1)
Retention
rates
per
night
per
occupied
bed.
13
(2)
Occupancy
rate
based
on
total
available
capacity,
on
14
average.
15
(3)
Cost
of
unit
delivery,
per
night.
16
(4)
Outcomes
of
individuals’
exits
from
shelter,
including
17
aggregate
reason
and
each
individual’s
new
location.
18
(5)
Efforts
by
a
shelter
and
service
provider
to
support
19
independent
shelter,
job
acquisition,
and
management
or
20
elimination
of
substance
use
disorders
or
severe
mental
21
illnesses.
22
(6)
Types
of
services
provided
or
facilitated
by
a
shelter
23
provider.
24
(7)
Prevalence
of
violence.
25
(8)
Prevalence
of
unintended
death.
26
(9)
Prevalence
of
mortality
and
morbidity.
27
h.
For
service
providers
providing
permanent
supportive
28
housing,
all
of
the
following:
29
(1)
Retention
rates
per
month
of
service
provided.
30
(2)
Occupancy
rate
based
on
total
available
capacity,
on
31
average.
32
(3)
Cost
of
unit
delivery,
per
month.
33
(4)
Outcomes
of
individuals’
exits
from
shelter,
including
34
aggregate
reason
and
each
individual’s
new
location.
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(5)
Efforts
by
a
service
provider
to
support
independent
1
shelter,
job
acquisition,
and
management
or
elimination
of
2
substance
use
disorders
or
severe
mental
illnesses.
3
(6)
Types
of
service
provided
or
facilitated
by
a
shelter
4
provider.
5
(7)
Prevalence
of
violence.
6
(8)
Prevalence
of
unintended
death.
7
(9)
Prevalence
of
mortality
and
morbidity.
8
4.
The
authority
shall
make
the
reports
submitted
under
this
9
section
publicly
available
on
the
authority’s
internet
site.
10
EXPLANATION
11
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
12
the
explanation’s
substance
by
the
members
of
the
general
assembly.
13
This
bill
relates
to
homelessness
including
unauthorized
use
14
of
public
land,
sanctioned
camping,
drug-free
homeless
service
15
zones,
and
funding
for
homeless
services.
16
DIVISION
I
——
UNAUTHORIZED
USE
OF
PUBLIC
LAND.
The
bill
17
prohibits
a
person
from
using
public
property
for
unauthorized
18
sleeping,
camping,
or
long-term
shelter.
If
an
individual
19
knowingly
violates
this
provision,
the
individual
shall
20
be
provided
a
warning
and
offered
services
or
shelter.
If
21
the
individual
refuses
to
vacate
the
public
property,
the
22
individual
commits
a
simple
misdemeanor.
A
simple
misdemeanor
23
is
punishable
by
confinement
for
no
more
than
30
days
and
a
24
fine
of
at
least
$105
but
not
more
than
$855.
25
The
bill
also
prohibits
a
political
subdivision
from
26
adopting
or
enforcing
any
policy
under
which
the
political
27
subdivision
directly
or
indirectly
prohibits
or
discourages
the
28
enforcement
of
any
order
or
ordinance
prohibiting
unauthorized
29
sleeping,
camping,
or
long-term
shelter
on
public
property,
30
or
obstruction
of
public
rights-of-way,
including
roads
31
and
sidewalks.
A
political
subdivision
shall
not
directly
32
or
indirectly
prohibit
or
discourage
a
peace
officer
or
33
prosecuting
attorney
who
is
employed
by,
or
otherwise
under
34
the
direction
or
control
of,
the
political
subdivision
from
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enforcing
any
order
or
ordinance
prohibiting
unauthorized
1
sleeping,
camping,
or
long-term
shelter
on
public
property
or
2
the
obstruction
of
public
rights-of-way,
including
roads
and
3
sidewalks.
4
The
bill
does
not
prohibit
a
policy
of
any
political
5
subdivision
that
encourages
diversion
programs
or
offers
6
services
in
lieu
of
citation
or
arrest.
7
The
attorney
general
may
bring
a
civil
action
against
any
8
political
subdivision
to
enjoin
the
political
subdivision
9
from
violating
the
bill,
and
the
attorney
general
may
recover
10
reasonable
expenses
incurred
in
any
civil
action
brought
under
11
the
bill.
12
DIVISION
II
——
PUBLIC
CAMPING
——
COUNTIES
AND
CITIES.
The
13
bill
allows
a
county
or
city
to
adopt
or
enforce
an
ordinance,
14
motion,
resolution,
or
amendment
designating
portions
of
public
15
property
within
its
jurisdiction,
for
periods
not
to
exceed
one
16
year,
to
be
used
for
public
camping
by
persons
experiencing
17
unsheltered
homelessness.
The
ordinance,
motion,
or
resolution
18
shall
include
the
following
standards
and
requirements:
a
list
19
of
residents
must
be
kept
identifying
the
names
and
dates
of
20
persons
using
the
public
camping
location;
specific
sublots,
21
parking
spots,
or
other
designated
areas
must
be
assigned
22
to
each
person
or
family;
property
and
personal
safety
and
23
security
measures
shall
be
established;
sanitization
measures
24
shall
be
established
including
providing
residents,
at
a
25
minimum,
clean
and
running
water,
restrooms,
and
a
location
26
to
shower;
access
shall
be
provided
to
regionally
available
27
services
such
as
behavioral
health,
substance
abuse,
and
28
mental
health
treatment;
alcoholic
beverages
and
all
illegal
29
substances
shall
be
banned
from
the
public
camping
location;
30
and
all
other
federal,
state,
and
local
laws,
ordinances,
31
and
resolutions
are
applicable
and
shall
be
enforced.
The
32
attorney
general,
or
a
resident
or
a
business
owner
of
the
33
county
may
seek
an
injunction
to
enforce
the
requirements
of
34
the
bill
or
may
initiate
other
proceedings
in
district
court.
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If
the
resident
or
business
owner
prevails,
the
court
may
1
award
reasonable
expenses
to
be
paid
by
the
county
or
city
2
including
but
not
limited
to
court
costs,
attorney
fees,
and
3
any
and
all
costs
associated
with
the
proceedings.
Prior
to
4
seeking
an
injunction,
the
resident
or
business
owner
shall
5
provide
written
notice
to
the
county
or
city
that
an
alleged
6
violation
of
the
bill
has
occurred
and
allow
the
county
at
7
least
five
business
days
to
cure
the
violation.
The
bill
8
does
not
apply
to
any
other
type
of
camping
or
campgrounds
9
authorized
under
local,
state,
or
federal
laws
and
regulations.
10
The
bill
defines
“camping”,
“public
camping”,
and
“unsheltered
11
homelessness”.
12
DIVISION
III
——
DRUG-FREE
HOMELESS
SERVICE
ZONES.
The
bill
13
prohibits
a
person
from
intentionally
or
knowingly
doing
any
of
14
the
following:
the
person
sells
or
transfers
or
attempts
to
15
sell
or
transfer
a
controlled
substance
while
present
within
16
a
drug-free
homeless
service
zone;
or
the
person
operates
or
17
has
authority
to
enforce
the
policies
and
requirements
of
a
18
facility-based
drug-free
service
zone
that
primarily
serves
19
homeless
individuals
and
that
receives
state,
local,
or
federal
20
funding,
and
the
person
allows
an
individual
accessing
services
21
to
possess
or
use
a
controlled
substance
on
the
premises
of
the
22
facility.
23
The
bill
provides
that
a
person
who
sells
or
transfers
24
a
controlled
substance,
or
attempts
to
sell
or
transfer
a
25
controlled
substance
within
a
drug-free
homeless
service
zone
26
is
punishable
as
the
same
class
of
criminal
violation
for
27
which
the
offense
would
be
punishable
under
existing
law
had
28
the
violation
not
occurred
within
a
drug-free
homeless
service
29
zone,
except
that
the
minimum
and
maximum
sentence
for
the
30
offense
shall
be
increased
by
one
year.
A
person
convicted
of
31
this
offense
is
not
eligible
for
a
deferred
judgment,
deferred
32
or
suspended
sentence,
probation,
or
work
release.
33
The
bill
provides
that
a
person
who
operates
or
has
34
authority
to
enforce
the
policies
and
requirements
of
a
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facility-based
drug-free
service
zone
who
allows
an
individual
1
accessing
services
to
possess
or
use
a
controlled
substance
2
on
the
premises
of
the
facility
is
guilty
of
an
aggravated
3
misdemeanor.
An
aggravated
misdemeanor
is
punishable
by
4
confinement
for
no
more
than
two
years
and
a
fine
of
at
least
5
$855
but
not
more
than
$8,540.
An
operator
of
a
facility-based
6
drug-free
service
zone
who
violates
the
bill
is
ineligible
to
7
apply
for
homelessness
assistance
grants
from
the
state
for
a
8
period
of
three
years
from
the
date
of
conviction.
9
The
bill
provides
that
in
addition
to
any
other
penalty,
a
10
person
convicted
of
an
offense
under
the
bill
shall
be
punished
11
by
a
fine
of
not
less
than
$2,000
or
three
times
the
value
as
12
determined
by
the
court
of
the
drugs
involved
in
or
giving
rise
13
to
the
offense,
whichever
is
greater.
The
fine
may
not
be
14
suspended,
in
part
or
whole,
for
any
reason.
15
The
bill
requires
the
operator
of
a
facility-based
service
16
that
primarily
serves
homeless
individuals
to
place
and
17
maintain
permanently
affixed
signs
located
in
a
conspicuous
18
manner
clearly
visible
to
the
public
at
the
main
entrance
of
19
the
facility
that
identifies
the
building
and
its
accompanying
20
grounds
as
a
drug-free
homeless
service
zone.
Such
signs
shall
21
be
written
in
both
English
and
Spanish
and
in
contrasting
22
colors
with
block
letters
at
least
one
inch
in
height.
23
The
bill
defines
“drug-free
homeless
service
zone”,
24
“facility-based
services”,
and
“operator”.
25
DIVISION
IV
——
FUNDING
FOR
HOMELESS
SERVICES
——
ANNUAL
26
REPORTS.
Under
the
bill,
a
coordinating
entity
that
received
27
funding
in
the
immediately
preceding
fiscal
year
for
the
28
purpose
of
combating
homelessness
shall
annually
report
to
the
29
Iowa
finance
authority
all
of
the
information
required
by
the
30
bill,
including
certain
comprehensive
overviews,
an
overview
of
31
the
homeless
population
served
by
the
coordinating
entity,
the
32
total
amount
of
moneys
received
by
the
coordinating
entity,
and
33
details
regarding
how
the
moneys
were
disbursed
for
the
purpose
34
of
combating
homelessness.
35
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S.F.
_____
Under
the
bill,
each
service
provider
shall
annually
1
report
to
the
Iowa
finance
authority
all
of
the
information
2
required
by
the
bill
for
the
type
of
service
as
well
as
the
3
service
provider’s
audit
and
related
records.
The
Iowa
finance
4
authority
shall
make
the
reports
publicly
available
on
the
5
authority’s
internet
site.
6
The
bill
defines
“coordinating
entity”,
“service
provider”,
7
and
“type
of
service”.
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