Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB669 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 SENATE BILL 669
5	5	November 9, 2023 - Introduced by Senators TOMCZYK and CABRAL-GUEVARA,
6	6	cosponsored by Representatives DALLMAN, KURTZ, BEHNKE, BRANDTJEN,
7	7	MURPHY, O'CONNOR, PENTERMAN, STEFFEN and WICHGERS. Referred to
8	8	Committee on Housing, Rural Issues and Forestry.
9	9	AN ACT to create 16.3087, 16.311 and 943.135 of the statutes; relating to: pay
10	10	for performance grant requirements, use of public lands to provide temporary
11	11	residence for the homeless, and providing a penalty.
12	12	Analysis by the Legislative Reference Bureau
13	13	PAY FOR PERFORMANCE GRANT REQUIREMENTS
14	14	Under current law, the Department of Administration administers a number
15	15	of grant programs having the purpose of alleviating homelessness. This bill
16	16	establishes “pay for performance” requirements for certain grants issued under
17	17	those programs to grant recipients. For each eligible grant to a grant recipient, DOA
18	18	must withhold between 10 and 50 percent of the amount of the eligible grant for at
19	19	least six months after the award. DOA may then pay the amount withheld to the
20	20	grant recipient only if the recipient demonstrates that it has met one or more of the
21	21	following performance objectives compared to a base year, as determined by DOA:
22	22	1. Increased the number of homeless individuals and families securing
23	23	permanent housing after participation in programs offered by the grant recipient.
24	24	2. Increased the number of homeless individuals securing part-time or
25	25	full-time employment after participation in programs offered by the grant recipient.
26	26	3. Reduced the number of homeless individuals and families returning to
27	27	homelessness after participation in programs offered by the grant recipient.
28	28	STRUCTURED CAMPING FACILITIES
29	29	This bill authorizes DOA and, under the circumstances described below, cities,
30	30	villages, towns, and counties (political subdivisions) to designate public property,
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35	35	SENATE BILL 669
36	36	other than county fairgrounds and public parks, for use as a “structured camping
37	37	facility” at which DOA may assign a homeless individual or family a specific location
38	38	for the purpose of allowing the individual or family to set up temporary residence at
39	39	the facility. DOA may allow homeless individuals and families assigned to a
40	40	structured camping facility to bring camping equipment and other personal items
41	41	onto the facility. Additionally, DOA must provide for public safety at structured
42	42	camping facilities and must ensure that potable water and adequate sanitary
43	43	facilities are available at each facility.
44	44	Also, under the bill, if a resident of a political subdivision petitions the political
45	45	subdivision to designate public property of the political subdivision as a structured
46	46	camping facility, the political subdivision may make a designation and must provide
47	47	DOA notice of the designation. If the political subdivision fails to make a designation
48	48	within 12 months after the resident's petition, DOA may designate public property
49	49	of the political subdivision as a structured camping facility without the political
50	50	subdivision's approval, but only if the political subdivision had a homeless
51	51	population above the per capita statewide average for political subdivisions in any
52	52	of the immediately preceding two statewide counts of homeless population in the
53	53	state, as determined by DOA. Otherwise, the bill provides that DOA may designate
54	54	the public property of a political subdivision as a structured camping facility only
55	55	with the approval of the political subdivision.
56	56	The bill also prohibits the setting up of a temporary residence on public
57	57	property that is not designated for recreational camping or as a structured camping
58	58	facility under the bill. A person who violates the prohibition is guilty of a Class C
59	59	misdemeanor and may be subject to a fine of not more than $500, imprisonment for
60	60	not more than 30 days, or both, unless the person has no other reasonable options
61	61	for obtaining shelter or the person has been or would be denied admission to a
62	62	homeless shelter because the shelter is at capacity.
63	63	Finally, under the bill, DOA must condition a homeless individual's or family's
64	64	temporary residence at a structured camping facility on the completion of mental
65	65	health or substance use evaluations, and DOA may expel individuals who fail to
66	66	comply with DOA instructions.
67	67	For further information see the state and local fiscal estimate, which will be
68	68	printed as an appendix to this bill.
69	69	The people of the state of Wisconsin, represented in senate and assembly, do
70	70	enact as follows:
71	71	SECTION 1. 16.3087 of the statutes is created to read:
72	72	16.3087 Pay for performance grant requirements. (1) DEFINITIONS. In
73	73	this section:
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79	79	SECTION 1
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81	81	(a) “Base year” means the calendar year occurring within the 5 years
82	82	immediately preceding the year in which a grant recipient receives an eligible grant
83	83	subject to this section during which the grant recipient's program for which the grant
84	84	recipient receives that eligible grant demonstrated the most successful outcomes, as
85	85	determined by the department.
86	86	(b) “Eligible grant” means a grant awarded under s. 16.306 (2), 16.307, 16.308
87	87	(2) (a), or 16.3085 (2), unless it is the first such grant awarded to the grant recipient.
88	88	(c) “Grant recipient” means any of the following:
89	89	1. An organization specified in s. 16.306 (1) (d) or (e) that receives a grant under
90	90	s. 16.306 (2).
91	91	2. An organization that receives a grant under s. 16.307.
92	92	3. An organization specified in s. 16.308 (1) (b) 4. or 7. that receives a grant
93	93	under s. 16.308 (2) (a).
94	94	4. A shelter facility that receives a grant under s. 16.3085 (2).
95	95	(2) PERFORMANCE PAYMENTS. (a) For each eligible grant the department awards
96	96	to a grant recipient, the department shall withhold between 10 and 50 percent of the
97	97	amount of the eligible grant for at least 6 months after the award, subject to par. (b).
98	98	(b) After expiration of the 6-month period specified in par. (a), the department
99	99	may pay the amount of an eligible grant withheld under that paragraph only if the
100	100	grant recipient demonstrates that it has met one or more of the following
101	101	performance objectives, as determined by the department:
102	102	1. Increased the number of homeless individuals and families securing
103	103	permanent housing after participation in programs offered by the grant recipient
104	104	compared to the base year.
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131	131	2. Increased the number of homeless individuals securing part-time or
132	132	full-time employment after participation in programs offered by the grant recipient
133	133	compared to the base year.
134	134	3. Reduced the number of homeless individuals and families returning to
135	135	homelessness after participation in programs offered by the grant recipient
136	136	compared to the base year.
137	137	(c) For purposes of par. (b) and to the extent permitted under federal law, the
138	138	department shall give priority to grant recipients awarded grants under ss. 16.306
139	139	(2) and 16.3085 (2) who have made demonstrable commitments to improving
140	140	outcomes in connection with the performance objectives specified in par. (b).
141	141	SECTION 2. 16.311 of the statutes is created to read:
142	142	16.311 Structured camping facilities. (1) DEFINITIONS. In this section:
143	143	(a) “Political subdivision” means a city, village, town, or county.
144	144	(b) “Public property” means any real property, other than county fairgrounds
145	145	and public parks, that is owned, leased, or occupied by a state agency or a political
146	146	subdivision.
147	147	(c) “State agency” means an association, authority, board, department,
148	148	commission, independent agency, institution, office, society, or other body in state
149	149	government created or authorized to be created by the constitution or any law, except
150	150	the legislature and the courts.
151	151	(d) “Structured camping facility” means public property that the department
152	152	under sub. (2) (a) or a political subdivision under sub. (2) (c) 1. designates for use
153	153	under this section.
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179	179	SECTION 2
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181	181	(2) DESIGNATION OF STRUCTURED CAMPING FACILITIES. (a) Subject to par. (b), the
182	182	department may designate any public property for use as a structured camping
183	183	facility.
184	184	(b) Except as provided in par. (c), the department may not designate the public
185	185	property of a political subdivision for use as a structured camping facility without the
186	186	approval of the political subdivision.
187	187	(c) 1. If a resident of a political subdivision petitions the political subdivision
188	188	to designate public property of the political subdivision as a structured camping
189	189	facility, the political subdivision may designate any public property of the political
190	190	subdivision as a structured camping facility and shall provide the department with
191	191	notice of the designation.
192	192	2. If a political subdivision fails to designate any public property of the political
193	193	subdivision as a structured camping facility within 12 months after a petition is filed
194	194	with the political subdivision under subd. 1., the department may designate any
195	195	public property of the political subdivision as a structured camping facility in
196	196	response to the petition without the approval of the political subdivision, but only if
197	197	the political subdivision had a homeless population above the per capita statewide
198	198	average for political subdivisions in any of the immediately preceding 2 statewide
199	199	counts of homeless population in the state, as determined by the department.
200	200	(3) USE OF STRUCTURED CAMPING FACILITIES. (a) The department may assign to
201	201	a homeless individual or family a specific location at a structured camping facility
202	202	for the purpose of allowing the individual or family to set up temporary residence at
203	203	the facility. The department may allow homeless individuals and families assigned
204	204	to a structured camping facility to bring camping equipment and other personal
205	205	items onto the facility.
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232	232	SECTION 2 SENATE BILL 669
233	233	(b) The department shall condition temporary residence at a structured
234	234	camping facility under par. (a) on the completion of mental health or substance use
235	235	evaluations, as prescribed by the department, and may expel individuals who fail to
236	236	comply with department instructions.
237	237	(c) The department shall provide for public safety at each structured camping
238	238	facility and shall ensure that potable water and adequate sanitary facilities are
239	239	available at each structured camping facility.
240	240	SECTION 3. 943.135 of the statutes is created to read:
241	241	943.135 Unauthorized camping on public property; trespass. (1) In this
242	242	section, “public property” has the meaning given in s. 16.311 (1) (b).
243	243	(2) No person may set up a temporary habitation on a public property that is
244	244	not designated as a recreational camping area or as a structured camping facility
245	245	under s. 16.311 unless the temporary habitation is consistent with the normal,
246	246	customary, or temporarily designated usage of the public property. A person who
247	247	violates this subsection is guilty of a Class C misdemeanor.
248	248	(3) A person who has set up a temporary habitation on a public property that
249	249	is designated as a structured camping facility under s. 16.311 violates sub. (2) if the
250	250	person does not comply with instructions or conditions provided by the department
251	251	of administration.
252	252	(4) Unless sub. (3) applies, sub. (2) may not be enforced if the person has no
253	253	other reasonable options for obtaining shelter or the person has been or would be
254	254	denied admission to a homeless shelter because the shelter is at capacity.
255	255	(END)
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