Senate Study Bill 3175 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON LOCAL GOVERNMENT BILL BY CHAIRPERSON GREEN) A BILL FOR An Act relating to homelessness, providing penalties, and 1 including effective date provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6266XC (6) 90 pf/ko
S.F. _____ Section 1. NEW SECTION . 16.222 State funds for 1 homelessness. 2 1. The authority shall use the state funds available under 3 this section to provide grants to political subdivisions and 4 nonprofit organizations to provide any of the following: 5 a. Parking areas, at which all of the following are 6 available: 7 (1) Access to potable water and electric outlets. 8 (2) Access to bathrooms sufficient to serve all individuals 9 utilizing the parking areas. 10 b. Camping facilities, subject to all of the following: 11 (1) Only homeless individuals may camp and store personal 12 property at the camping facility. 13 (2) Homeless individuals may only camp and store personal 14 property at the camping facility in the areas designated for 15 each homeless individual by the camping facility. 16 (3) The camping facility shall offer a mental health and 17 substance use disorder evaluation to each homeless individual 18 using the camping facility. 19 c. For individual shelters, not including shelters for 20 victims of domestic violence, that meet all of the following 21 requirements: 22 (1) Are suitable to house between one and three individuals. 23 (2) Provide basic sleeping accommodations and access to 24 electricity. 25 (3) Provide adequate access to showers and bathroom 26 facilities. 27 (4) Limit occupation by a homeless individual to not more 28 than two years. 29 d. For congregate shelters housing more than four homeless 30 individuals in one location that meet all of the following 31 requirements: 32 (1) Monitor and provide programs to improve the employment 33 and income of the homeless individuals utilizing the shelter to 34 prevent the homeless individuals return to homelessness after 35 -1- LSB 6266XC (6) 90 pf/ko 1/ 6
S.F. _____ leaving the shelter. 1 (2) Require homeless individuals utilizing the shelter 2 to enter information required by the authority into the 3 homelessness management information system administered by the 4 institute for community alliances. 5 2. The authority may use up to twenty-five percent of 6 the state funds available under this section, that would 7 otherwise be used for construction of permanent housing for 8 the homeless, to provide performance payments to political 9 subdivisions or nonprofit organizations for substance use 10 disorder treatment, mental health treatment, and other services 11 including short-term housing, for homeless individuals. In 12 order to receive a performance payment, a political subdivision 13 or nonprofit organization shall meet the goals established by 14 the authority related to reductions for the homeless population 15 served by the political subdivision or nonprofit organization 16 in the number of days unhoused, the number of days in jail or 17 prison, and the number of days hospitalized. 18 a. A political subdivision or nonprofit organization that 19 receives performance payments under this subsection shall not 20 use more than ten percent of each performance payment received 21 to conduct surveys to identify homeless individuals with 22 the greatest number of days unhoused, in jail or prison, or 23 hospitalized. 24 b. A political subdivision determined by the authority 25 to have a higher per capita rate of homelessness than the 26 state average, as determined by the most recent homelessness 27 point-in-time count completed by the continuum of care program 28 pursuant to 24 C.F.R. pt. 578, shall not receive additional 29 state funds until the political subdivision reduces the 30 political subdivisions per capita rate of homeless individuals 31 to a rate at or below the state average. 32 3. A political subdivision or nonprofit organization that 33 receives and uses the state funds to operate a campground in 34 compliance with this section shall be immune from liability 35 -2- LSB 6266XC (6) 90 pf/ko 2/ 6
S.F. _____ for all civil claims arising out of the operation, management, 1 or other control of such campground. Such immunity shall 2 not apply to acts or omissions by the political subdivision, 3 nonprofit organization, or an agent of the political 4 subdivision or nonprofit organization, constituting negligence, 5 recklessness, or intentional misconduct. 6 4. The authority shall adopt rules pursuant to chapter 17A 7 to administer this section. 8 6. For the purposes of this section: 9 a. Nonprofit organization means an organization described 10 in the federal Internal Revenue Code, 26 U.S.C. 501(c)(3), 11 which is exempt from income taxation under 26 U.S.C. 501(a). 12 b. Political subdivision means a city, county, or 13 township. 14 c. State funds means funds appropriated by the state 15 to the authority, federal funds received by the state and 16 allocated to the authority, or federal funds received by 17 the authority for housing or services for the homeless, 18 excluding any federal funds that are restricted to purposes not 19 authorized in this section. 20 Sec. 2. NEW SECTION . 716.15 Unauthorized use of public 21 land. 22 1. A person shall not use public property for unauthorized 23 sleeping, camping, or long-term shelter. If an individual 24 knowingly violates this subsection, the individual shall be 25 issued a warning and offered services or shelter. If the 26 individual refuses to vacate the public property after being 27 issued a warning, the individual commits a simple misdemeanor. 28 2. a. A political subdivision shall not adopt or enforce 29 any policy under which the political subdivision directly or 30 indirectly prohibits or discourages the enforcement of any 31 order or ordinance prohibiting unauthorized sleeping, camping, 32 or long-term shelter on public property, or obstruction of 33 public rights-of-way, including roads and sidewalks. 34 b. A political subdivision shall not directly or indirectly 35 -3- LSB 6266XC (6) 90 pf/ko 3/ 6
S.F. _____ prohibit or discourage a peace officer or prosecuting attorney 1 who is employed by, or otherwise under the direction or control 2 of, the political subdivision from enforcing any order or 3 ordinance prohibiting unauthorized sleeping, camping, or 4 long-term shelter on public property or obstruction of public 5 rights-of-way, including roads and sidewalks. 6 3. This section shall not prohibit a policy of any political 7 subdivision that encourages diversion programs or offers 8 services in lieu of citation or arrest. 9 4. a. The attorney general may bring a civil action in 10 any court of competent jurisdiction against any political 11 subdivision to enjoin the political subdivision from violating 12 this section. 13 b. The attorney general may recover reasonable expenses 14 incurred in any civil action brought under this section, 15 including court costs, reasonable attorney fees, investigative 16 costs, witness fees, and deposition costs. 17 Sec. 3. EFFECTIVE DATE. This Act takes effect January 1, 18 2025. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanations substance by the members of the general assembly. 22 This bill relates to state funds for homelessness. 23 The bill defines state funds to mean funds appropriated by 24 the state to the Iowa finance authority (authority), federal 25 funds received by the state and allocated to the authority, 26 or federal funds received by the authority for housing or 27 services for the homeless, excluding any federal funds that are 28 restricted to purposes not authorized in the bill. 29 The bill requires the authority to use state funds to provide 30 grants to political subdivisions (subdivisions) and nonprofit 31 organizations (organizations) to provide parking areas, camping 32 facilities, individual shelters, and congregate shelters 33 for homeless individuals subject to certain criteria. The 34 authority may use up to 25 percent of the state funds received 35 -4- LSB 6266XC (6) 90 pf/ko 4/ 6
S.F. _____ by the authority under the bill, that would otherwise be used 1 for construction of permanent housing for the homeless, to 2 provide performance payments to subdivisions or organizations 3 for substance use disorder treatment, mental health treatment, 4 and other services including short-term housing, for homeless 5 individuals. In order to receive a performance payment, a 6 subdivision or organization shall meet the goals established 7 by the department related to reductions for the homeless 8 population served by the subdivision or organization in 9 the number of days unhoused, the number of days in jail or 10 prison, and the number of days hospitalized. A subdivision 11 or organization that receives performance payments shall not 12 use more than 10 percent of each payment received to conduct 13 surveys to identify homeless individuals with the greatest 14 number of days unhoused, in jail or prison, or hospitalized. 15 A subdivision determined to have a higher per capita rate 16 of homelessness than the state average shall not receive 17 additional state funds until the subdivision reduces the 18 subdivisions per capita rate of homeless individuals to a rate 19 at or below the state average. 20 A subdivision or organization that receives state funds and 21 uses the state funds to operate a campground in compliance 22 with the bill shall be immune from liability for all civil 23 claims, arising out of the operation, management, or other 24 control of such campground. Such immunity shall not apply to 25 acts or omissions by the subdivision or organization or their 26 agents constituting negligence, recklessness, or intentional 27 misconduct. 28 The bill requires the authority to adopt administrative 29 rules to administer the bill. 30 The bill prohibits a person from using public property 31 for unauthorized sleeping, camping, or long-term shelter. 32 If an individual knowingly violates this provision, the 33 individual shall be provided a warning and offered services 34 or shelter. If the individual refuses to vacate the public 35 -5- LSB 6266XC (6) 90 pf/ko 5/ 6
S.F. _____ property, the individual commits a simple misdemeanor. The 1 bill also prohibits a subdivision from adopting or enforcing 2 any policy under which the subdivision directly or indirectly 3 prohibits or discourages the enforcement of any order or 4 ordinance prohibiting unauthorized sleeping, camping, or 5 long-term shelter on public property, or obstruction of public 6 rights-of-way, including roads and sidewalks. A subdivision 7 shall not directly or indirectly prohibit or discourage a 8 peace officer or prosecuting attorney who is employed by, or 9 otherwise under the direction or control of, the subdivision 10 from enforcing any order or ordinance prohibiting unauthorized 11 sleeping, camping, or long-term shelter on public property or 12 the obstruction of public rights-of-way, including roads and 13 sidewalks. 14 The bill does not prohibit a policy of any subdivision that 15 encourages diversion programs or offers services in lieu of 16 citation or arrest. 17 The attorney general may bring a civil action against 18 any subdivision to enjoin the subdivision from violating the 19 bill, and the attorney general may recover reasonable expenses 20 incurred in any civil action brought under the bill. 21 The bill takes effect January 1, 2025. 22 -6- LSB 6266XC (6) 90 pf/ko 6/ 6