Session of 2023
HOUSE BILL No. 2430
By Committee on Federal and State Affairs
2-20
AN ACT concerning state agencies; relating to funds used to support
unhoused individuals; providing requirements for the use of funds;
requiring state agencies to provide funds for local subdivisions;
creating the crime of unauthorized use of state lands and providing
penalties therefor; restricting local subdivisions from adopting certain
policies; enacting the safe cities act.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) This section shall be known and may be cited as the
safe cities act.
(b) A political subdivision shall not:
(1) Adopt or enforce any policy under which the political subdivision
directly or indirectly prohibits or discourages the enforcement of any order
or ordinance prohibiting public camping, sleeping or obstruction of public
right-of-ways, including roads and sidewalks; or
(2) 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 public
camping, sleeping or obstruction of public right-of-ways, including roads
and sidewalks.
(c) The provisions of this section shall not prohibit a policy of any
political subdivision that encourages diversion programs or offering of
services in lieu of citation or arrest.
(d) (1) The attorney general shall have the power to bring a civil
action against any political subdivision to enjoin the political subdivision
from violating the provisions of this section.
(2) 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.
(e) The provisions of this section shall be severable. If any provision
of this act or its application to any person or circumstance is held invalid,
the invalidity does not affect other provisions or applications of the act that
can be given effect without the invalid provision or application.
(f) Any political subdivision with a higher per-capita rate of
homelessness than the state average, as determined by the last held United
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States census and the most recent United States department of housing and
urban development homelessness point-in-time count for the continuum of
care, as defined by 24 C.F.R. § 578.5(a), in which the political subdivision
is located, after July 1, 2024, shall not receive state funding designated for
the purpose of addressing homelessness until the department allocating
such funds determines that the political subdivision is compliant with this
section.
(g) Except as otherwise existing authorized in law or municipal
ordinance, it shall be unlawful to use state or local government-owned
lands for unauthorized sleeping, camping or long-term shelters. A violation
of this section is:
(1) An unclassified nonperson misdemeanor punishable by a fine not
to exceed $1, except as provided in paragraph (2); and
(2) a class C nonperson misdemeanor upon a second or subsequent
violation.
Sec. 2. This act shall take effect and be in force from and after its
publication in the statute book.
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