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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 689
November 27, 2023 - Introduced by Representatives DALLMAN, KURTZ, BEHNKE,
BRANDTJEN, MURPHY, O'CONNOR, PENTERMAN, STEFFEN and WICHGERS,
cosponsored by Senators TOMCZYK and CABRAL-GUEVARA. Referred to
Committee on Housing and Real Estate.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to create 16.3087, 16.311 and 943.135 of the statutes; relating to: pay
for performance grant requirements, use of public lands to provide temporary
residence for the homeless, and providing a penalty.
Analysis by the Legislative Reference Bureau
PAY FOR PERFORMANCE GRANT REQUIREMENTS
Under current law, the Department of Administration administers a number
of grant programs having the purpose of alleviating homelessness. This bill
establishes “pay for performance” requirements for certain grants issued under
those programs to grant recipients. For each eligible grant to a grant recipient, DOA
must withhold between 10 and 50 percent of the amount of the eligible grant for at
least six months after the award. DOA may then pay the amount withheld to the
grant recipient only if the recipient demonstrates that it has met one or more of the
following performance objectives compared to a base year, as determined by DOA:
1. Increased the number of homeless individuals and families securing
permanent housing after participation in programs offered by the grant recipient.
2. Increased the number of homeless individuals securing part-time or
full-time employment after participation in programs offered by the grant recipient.
3. Reduced the number of homeless individuals and families returning to
homelessness after participation in programs offered by the grant recipient.
STRUCTURED CAMPING FACILITIES
This bill authorizes DOA and, under the circumstances described below, cities,
villages, towns, and counties (political subdivisions) to designate public property,
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other than county fairgrounds and public parks, for use as a “structured camping
facility” at which DOA may assign a homeless individual or family a specific location
for the purpose of allowing the individual or family to set up temporary residence at
the facility. DOA may allow homeless individuals and families assigned to a
structured camping facility to bring camping equipment and other personal items
onto the facility. Additionally, DOA must provide for public safety at structured
camping facilities and must ensure that potable water and adequate sanitary
facilities are available at each facility.
Also, under the bill, if a resident of a political subdivision petitions the political
subdivision to designate public property of the political subdivision as a structured
camping facility, the political subdivision may make a designation and must provide
DOA notice of the designation. If the political subdivision fails to make a designation
within 12 months after the resident's petition, DOA may designate public property
of the political subdivision as a structured camping facility without the political
subdivision's approval, but only if the political subdivision had a homeless
population above the per capita statewide average for political subdivisions in any
of the immediately preceding two statewide counts of homeless population in the
state, as determined by DOA. Otherwise, the bill provides that DOA may designate
the public property of a political subdivision as a structured camping facility only
with the approval of the political subdivision.
The bill also prohibits the setting up of a temporary residence on public
property that is not designated for recreational camping or as a structured camping
facility under the bill. A person who violates the prohibition is guilty of a Class C
misdemeanor and may be subject to a fine of not more than $500, imprisonment for
not more than 30 days, or both, unless the person has no other reasonable options
for obtaining shelter or the person has been or would be denied admission to a
homeless shelter because the shelter is at capacity.
Finally, under the bill, DOA must condition a homeless individual's or family's
temporary residence at a structured camping facility on the completion of mental
health or substance use evaluations, and DOA may expel individuals who fail to
comply with DOA instructions.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SECTION 1. 16.3087 of the statutes is created to read:
16.3087 Pay for performance grant requirements. (1) DEFINITIONS. In
this section:
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(a) “Base year” means the calendar year occurring within the 5 years
immediately preceding the year in which a grant recipient receives an eligible grant
subject to this section during which the grant recipient's program for which the grant
recipient receives that eligible grant demonstrated the most successful outcomes, as
determined by the department.
(b) “Eligible grant” means a grant awarded under s. 16.306 (2), 16.307, 16.308
(2) (a), or 16.3085 (2), unless it is the first such grant awarded to the grant recipient.
(c) “Grant recipient” means any of the following:
1. An organization specified in s. 16.306 (1) (d) or (e) that receives a grant under
s. 16.306 (2).
2. An organization that receives a grant under s. 16.307.
3. An organization specified in s. 16.308 (1) (b) 4. or 7. that receives a grant
under s. 16.308 (2) (a).
4. A shelter facility that receives a grant under s. 16.3085 (2).
(2) PERFORMANCE PAYMENTS. (a) For each eligible grant the department awards
to a grant recipient, the department shall withhold between 10 and 50 percent of the
amount of the eligible grant for at least 6 months after the award, subject to par. (b).
(b) After expiration of the 6-month period specified in par. (a), the department
may pay the amount of an eligible grant withheld under that paragraph only if the
grant recipient demonstrates that it has met one or more of the following
performance objectives, as determined by the department:
1. Increased the number of homeless individuals and families securing
permanent housing after participation in programs offered by the grant recipient
compared to the base year.
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2. Increased the number of homeless individuals securing part-time or
full-time employment after participation in programs offered by the grant recipient
compared to the base year.
3. Reduced the number of homeless individuals and families returning to
homelessness after participation in programs offered by the grant recipient
compared to the base year.
(c) For purposes of par. (b) and to the extent permitted under federal law, the
department shall give priority to grant recipients awarded grants under ss. 16.306
(2) and 16.3085 (2) who have made demonstrable commitments to improving
outcomes in connection with the performance objectives specified in par. (b).
SECTION 2. 16.311 of the statutes is created to read:
16.311 Structured camping facilities. (1) DEFINITIONS. In this section:
(a) “Political subdivision” means a city, village, town, or county.
(b) “Public property” means any real property, other than county fairgrounds
and public parks, that is owned, leased, or occupied by a state agency or a political
subdivision.
(c) “State agency” means an association, authority, board, department,
commission, independent agency, institution, office, society, or other body in state
government created or authorized to be created by the constitution or any law, except
the legislature and the courts.
(d) “Structured camping facility” means public property that the department
under sub. (2) (a) or a political subdivision under sub. (2) (c) 1. designates for use
under this section.
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SECTION 2
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(2) DESIGNATION OF STRUCTURED CAMPING FACILITIES. (a) Subject to par. (b), the
department may designate any public property for use as a structured camping
facility.
(b) Except as provided in par. (c), the department may not designate the public
property of a political subdivision for use as a structured camping facility without the
approval of the political subdivision.
(c) 1. If a resident of a political subdivision petitions the political subdivision
to designate public property of the political subdivision as a structured camping
facility, the political subdivision may designate any public property of the political
subdivision as a structured camping facility and shall provide the department with
notice of the designation.
2. If a political subdivision fails to designate any public property of the political
subdivision as a structured camping facility within 12 months after a petition is filed
with the political subdivision under subd. 1., the department may designate any
public property of the political subdivision as a structured camping facility in
response to the petition without the approval of the political subdivision, but only if
the political subdivision had a homeless population above the per capita statewide
average for political subdivisions in any of the immediately preceding 2 statewide
counts of homeless population in the state, as determined by the department.
(3) USE OF STRUCTURED CAMPING FACILITIES. (a) The department may assign to
a homeless individual or family a specific location at a structured camping facility
for the purpose of allowing the individual or family to set up temporary residence at
the facility. The department may allow homeless individuals and families assigned
to a structured camping facility to bring camping equipment and other personal
items onto the facility.
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SECTION 2 ASSEMBLY BILL 689
(b) The department shall condition temporary residence at a structured
camping facility under par. (a) on the completion of mental health or substance use
evaluations, as prescribed by the department, and may expel individuals who fail to
comply with department instructions.
(c) The department shall provide for public safety at each structured camping
facility and shall ensure that potable water and adequate sanitary facilities are
available at each structured camping facility.
SECTION 3. 943.135 of the statutes is created to read:
943.135 Unauthorized camping on public property; trespass. (1) In this
section, “public property” has the meaning given in s. 16.311 (1) (b).
(2) No person may set up a temporary habitation on a public property that is
not designated as a recreational camping area or as a structured camping facility
under s. 16.311 unless the temporary habitation is consistent with the normal,
customary, or temporarily designated usage of the public property. A person who
violates this subsection is guilty of a Class C misdemeanor.
(3) A person who has set up a temporary habitation on a public property that
is designated as a structured camping facility under s. 16.311 violates sub. (2) if the
person does not comply with instructions or conditions provided by the department
of administration.
(4) Unless sub. (3) applies, sub. (2) may not be enforced if the person has no
other reasonable options for obtaining shelter or the person has been or would be
denied admission to a homeless shelter because the shelter is at capacity.
(END)
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