Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB689 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 689
5	5	November 27, 2023 - Introduced by Representatives DALLMAN, KURTZ, BEHNKE,
6	6	BRANDTJEN, MURPHY, O'CONNOR, PENTERMAN, STEFFEN and WICHGERS,
7	7	cosponsored by Senators TOMCZYK and CABRAL-GUEVARA. Referred to
8	8	Committee on Housing and Real Estate.
9	9	*AUTHORS SUBJECT TO CHANGE*
10	10	AN ACT to create 16.3087, 16.311 and 943.135 of the statutes; relating to: pay
11	11	for performance grant requirements, use of public lands to provide temporary
12	12	residence for the homeless, and providing a penalty.
13	13	Analysis by the Legislative Reference Bureau
14	14	PAY FOR PERFORMANCE GRANT REQUIREMENTS
15	15	Under current law, the Department of Administration administers a number
16	16	of grant programs having the purpose of alleviating homelessness. This bill
17	17	establishes “pay for performance” requirements for certain grants issued under
18	18	those programs to grant recipients. For each eligible grant to a grant recipient, DOA
19	19	must withhold between 10 and 50 percent of the amount of the eligible grant for at
20	20	least six months after the award. DOA may then pay the amount withheld to the
21	21	grant recipient only if the recipient demonstrates that it has met one or more of the
22	22	following performance objectives compared to a base year, as determined by DOA:
23	23	1. Increased the number of homeless individuals and families securing
24	24	permanent housing after participation in programs offered by the grant recipient.
25	25	2. Increased the number of homeless individuals securing part-time or
26	26	full-time employment after participation in programs offered by the grant recipient.
27	27	3. Reduced the number of homeless individuals and families returning to
28	28	homelessness after participation in programs offered by the grant recipient.
29	29	STRUCTURED CAMPING FACILITIES
30	30	This bill authorizes DOA and, under the circumstances described below, cities,
31	31	villages, towns, and counties (political subdivisions) to designate public property,
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36	36	ASSEMBLY BILL 689
37	37	other than county fairgrounds and public parks, for use as a “structured camping
38	38	facility” at which DOA may assign a homeless individual or family a specific location
39	39	for the purpose of allowing the individual or family to set up temporary residence at
40	40	the facility. DOA may allow homeless individuals and families assigned to a
41	41	structured camping facility to bring camping equipment and other personal items
42	42	onto the facility. Additionally, DOA must provide for public safety at structured
43	43	camping facilities and must ensure that potable water and adequate sanitary
44	44	facilities are available at each facility.
45	45	Also, under the bill, if a resident of a political subdivision petitions the political
46	46	subdivision to designate public property of the political subdivision as a structured
47	47	camping facility, the political subdivision may make a designation and must provide
48	48	DOA notice of the designation. If the political subdivision fails to make a designation
49	49	within 12 months after the resident's petition, DOA may designate public property
50	50	of the political subdivision as a structured camping facility without the political
51	51	subdivision's approval, but only if the political subdivision had a homeless
52	52	population above the per capita statewide average for political subdivisions in any
53	53	of the immediately preceding two statewide counts of homeless population in the
54	54	state, as determined by DOA. Otherwise, the bill provides that DOA may designate
55	55	the public property of a political subdivision as a structured camping facility only
56	56	with the approval of the political subdivision.
57	57	The bill also prohibits the setting up of a temporary residence on public
58	58	property that is not designated for recreational camping or as a structured camping
59	59	facility under the bill. A person who violates the prohibition is guilty of a Class C
60	60	misdemeanor and may be subject to a fine of not more than $500, imprisonment for
61	61	not more than 30 days, or both, unless the person has no other reasonable options
62	62	for obtaining shelter or the person has been or would be denied admission to a
63	63	homeless shelter because the shelter is at capacity.
64	64	Finally, under the bill, DOA must condition a homeless individual's or family's
65	65	temporary residence at a structured camping facility on the completion of mental
66	66	health or substance use evaluations, and DOA may expel individuals who fail to
67	67	comply with DOA instructions.
68	68	For further information see the state and local fiscal estimate, which will be
69	69	printed as an appendix to this bill.
70	70	The people of the state of Wisconsin, represented in senate and assembly, do
71	71	enact as follows:
72	72	SECTION 1. 16.3087 of the statutes is created to read:
73	73	16.3087 Pay for performance grant requirements. (1) DEFINITIONS. In
74	74	this section:
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80	80	SECTION 1
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82	82	(a) “Base year” means the calendar year occurring within the 5 years
83	83	immediately preceding the year in which a grant recipient receives an eligible grant
84	84	subject to this section during which the grant recipient's program for which the grant
85	85	recipient receives that eligible grant demonstrated the most successful outcomes, as
86	86	determined by the department.
87	87	(b) “Eligible grant” means a grant awarded under s. 16.306 (2), 16.307, 16.308
88	88	(2) (a), or 16.3085 (2), unless it is the first such grant awarded to the grant recipient.
89	89	(c) “Grant recipient” means any of the following:
90	90	1. An organization specified in s. 16.306 (1) (d) or (e) that receives a grant under
91	91	s. 16.306 (2).
92	92	2. An organization that receives a grant under s. 16.307.
93	93	3. An organization specified in s. 16.308 (1) (b) 4. or 7. that receives a grant
94	94	under s. 16.308 (2) (a).
95	95	4. A shelter facility that receives a grant under s. 16.3085 (2).
96	96	(2) PERFORMANCE PAYMENTS. (a) For each eligible grant the department awards
97	97	to a grant recipient, the department shall withhold between 10 and 50 percent of the
98	98	amount of the eligible grant for at least 6 months after the award, subject to par. (b).
99	99	(b) After expiration of the 6-month period specified in par. (a), the department
100	100	may pay the amount of an eligible grant withheld under that paragraph only if the
101	101	grant recipient demonstrates that it has met one or more of the following
102	102	performance objectives, as determined by the department:
103	103	1. Increased the number of homeless individuals and families securing
104	104	permanent housing after participation in programs offered by the grant recipient
105	105	compared to the base year.
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132	132	2. Increased the number of homeless individuals securing part-time or
133	133	full-time employment after participation in programs offered by the grant recipient
134	134	compared to the base year.
135	135	3. Reduced the number of homeless individuals and families returning to
136	136	homelessness after participation in programs offered by the grant recipient
137	137	compared to the base year.
138	138	(c) For purposes of par. (b) and to the extent permitted under federal law, the
139	139	department shall give priority to grant recipients awarded grants under ss. 16.306
140	140	(2) and 16.3085 (2) who have made demonstrable commitments to improving
141	141	outcomes in connection with the performance objectives specified in par. (b).
142	142	SECTION 2. 16.311 of the statutes is created to read:
143	143	16.311 Structured camping facilities. (1) DEFINITIONS. In this section:
144	144	(a) “Political subdivision” means a city, village, town, or county.
145	145	(b) “Public property” means any real property, other than county fairgrounds
146	146	and public parks, that is owned, leased, or occupied by a state agency or a political
147	147	subdivision.
148	148	(c) “State agency” means an association, authority, board, department,
149	149	commission, independent agency, institution, office, society, or other body in state
150	150	government created or authorized to be created by the constitution or any law, except
151	151	the legislature and the courts.
152	152	(d) “Structured camping facility” means public property that the department
153	153	under sub. (2) (a) or a political subdivision under sub. (2) (c) 1. designates for use
154	154	under this section.
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180	180	SECTION 2
181	181	ASSEMBLY BILL 689
182	182	(2) DESIGNATION OF STRUCTURED CAMPING FACILITIES. (a) Subject to par. (b), the
183	183	department may designate any public property for use as a structured camping
184	184	facility.
185	185	(b) Except as provided in par. (c), the department may not designate the public
186	186	property of a political subdivision for use as a structured camping facility without the
187	187	approval of the political subdivision.
188	188	(c) 1. If a resident of a political subdivision petitions the political subdivision
189	189	to designate public property of the political subdivision as a structured camping
190	190	facility, the political subdivision may designate any public property of the political
191	191	subdivision as a structured camping facility and shall provide the department with
192	192	notice of the designation.
193	193	2. If a political subdivision fails to designate any public property of the political
194	194	subdivision as a structured camping facility within 12 months after a petition is filed
195	195	with the political subdivision under subd. 1., the department may designate any
196	196	public property of the political subdivision as a structured camping facility in
197	197	response to the petition without the approval of the political subdivision, but only if
198	198	the political subdivision had a homeless population above the per capita statewide
199	199	average for political subdivisions in any of the immediately preceding 2 statewide
200	200	counts of homeless population in the state, as determined by the department.
201	201	(3) USE OF STRUCTURED CAMPING FACILITIES. (a) The department may assign to
202	202	a homeless individual or family a specific location at a structured camping facility
203	203	for the purpose of allowing the individual or family to set up temporary residence at
204	204	the facility. The department may allow homeless individuals and families assigned
205	205	to a structured camping facility to bring camping equipment and other personal
206	206	items onto the facility.
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233	233	SECTION 2 ASSEMBLY BILL 689
234	234	(b) The department shall condition temporary residence at a structured
235	235	camping facility under par. (a) on the completion of mental health or substance use
236	236	evaluations, as prescribed by the department, and may expel individuals who fail to
237	237	comply with department instructions.
238	238	(c) The department shall provide for public safety at each structured camping
239	239	facility and shall ensure that potable water and adequate sanitary facilities are
240	240	available at each structured camping facility.
241	241	SECTION 3. 943.135 of the statutes is created to read:
242	242	943.135 Unauthorized camping on public property; trespass. (1) In this
243	243	section, “public property” has the meaning given in s. 16.311 (1) (b).
244	244	(2) No person may set up a temporary habitation on a public property that is
245	245	not designated as a recreational camping area or as a structured camping facility
246	246	under s. 16.311 unless the temporary habitation is consistent with the normal,
247	247	customary, or temporarily designated usage of the public property. A person who
248	248	violates this subsection is guilty of a Class C misdemeanor.
249	249	(3) A person who has set up a temporary habitation on a public property that
250	250	is designated as a structured camping facility under s. 16.311 violates sub. (2) if the
251	251	person does not comply with instructions or conditions provided by the department
252	252	of administration.
253	253	(4) Unless sub. (3) applies, sub. (2) may not be enforced if the person has no
254	254	other reasonable options for obtaining shelter or the person has been or would be
255	255	denied admission to a homeless shelter because the shelter is at capacity.
256	256	(END)
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