Wisconsin Legislative Council
AMENDMENT MEMO
One Ea st Ma in Stre e t, Suite 401 • Ma dison, W I 53703 • (608) 266-1304 • le g.council@le gis.wisconsin.gov • http://www.le gis.wisconsin.gov/lc
Memo published: January 26, 2024 Contact: Abby Gorzlancyk, Staff Attorney
2023 Assembly Bill 689 Assembly Amendment 1
2023 ASSEMBLY BILL 689
2023 Assembly Bill 689 has three parts: pay-for-performance grant requirements, the use of public
lands as structured camping facilities, and creating criminal penalties relating to unauthorized camping
and structured camping facilities.
First, the bill requires that when the Department of Administration (DOA) grants certain awards,
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it
must withhold between 10 and 50 percent of the eligible amounts for at least six months. After the six-
month period has expired, DOA may pay the amount withheld only if the grant recipient demonstrates
that it has met one or more of the following criteria:
The grant recipient increased the number of homeless individuals and families securing permanent
housing after participation in offered programs compared to the base year;
The grant recipient increased the number of homeless individuals securing employment after
participation in offered programs compared to the base year; and
The grant recipient reduced the number of homeless individuals and families returning to
homelessness after participation in offered programs compared to the base year.
The bill requires that, to the extent possible, DOA must give priority to grant recipients who have made
demonstrable improvements regarding the performance criteria.
Second, the bill allows DOA to designate public property
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for use as a structured camping facility. A
political subdivision may also designate its own public property as a structured camping facility and it
must alert DOA of their designation. DOA may not designate public property of a political subdivision
as a structured camping facility unless: (1) the political subdivision consents or a resident petitions the
political subdivision; (2) it fails to designate its public property as a structured camping facility; and (3)
its homeless population is above the per capita statewide average for political subdivisions in the
preceding two statewide counts.
The bill creates certain responsibilities for DOA regarding the operation of structured camping
facilities. The bill allows DOA to assign homeless families or individuals a specific location at a
structured camping facility and to allow camping equipment and other personal items. DOA must
condition temporary residence at a structured camping facility on the completion of mental health or
substance use evaluations. The bill also requires DOA to provide for public safety, potable water, and
adequate sanitary facilities at each structured camping facility.
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The grants referenced in the bill that would be subject to the pay-for-performance withholding are housing grants [s.
16.306, Stats.], grants to alleviate homelessness [s. 16.307, Stats.], grants for the provision of shelter for homeless
individuals and families [s. 16.308, Stats.], and homeless case management service grants. [s. 16.3085, Stats.].
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The bill defines “public property” as any real property, other than county fairgrounds and public parks, which is
owned, leased, or occupied by a state agency or a political subdivision. - 2 -
Third, the bill creates two criminal penalties. First, under the bill, a person who sets up temporary
habitation on public property that is not designated as a recreational camping area or structured
camping facility unless the temporary habitation is consistent with the normal, customary, or
temporary designated use of the property is guilty of a Class C misdemeanor. The bill creates an
exception from this prohibition if the person has no reasonable other options for obtaining shelter or
the person has been or would be denied admission at a homeless shelter due to capacity. Second, under
the bill, a person who does not comply with DOA instructions or conditions at a structured camping
facility is guilty of a Class C misdemeanor.
ASSEMBLY AMENDMENT 1
The amendment makes three main changes to the bill. First, the amendment specifies that the pay-for-
performance withholding requirements in the bill apply to the second eligible grant the grant recipient
is awarded after the effective date of the bill. Second, the amendment allows DOA to reallocate money
that was withheld and not paid due to the recipient not meeting performance objectives to another
grant recipient that has met one or more performance objectives in the bill. Third, the amendment
changes the penalty for setting up temporary habitation on public property where camping is not
allowed, to specify that a person is guilty of a Class C misdemeanor for second or subsequent violations.
For a first violation, a person must be given notice that subsequent violations will result in a penalty,
but cannot be subject to a penalty.
BILL HISTORY
Assembly Amendment 1 was offered by Representative Dallman on January 23, 2024. On January 24,
2024, the Assembly Committee on Housing and Real Estate recommended adoption of the amendment
and passage of the bill, as amended, on consecutive votes of Ayes, 8; Noes, 7.
For a full history of the bill, visit the Legislature’s bill history page.
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