Bill Text: IA SSB3175 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to homelessness, providing penalties, and including effective date provisions.
Spectrum: Committee Bill
Status: (Introduced) 2024-02-15 - Subcommittee recommends amendment and passage. []. [SSB3175 Detail]
Download: Iowa-2023-SSB3175-Introduced.html
Senate
Study
Bill
3175
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
LOCAL
GOVERNMENT
BILL
BY
CHAIRPERSON
GREEN)
A
BILL
FOR
An
Act
relating
to
homelessness,
providing
penalties,
and
1
including
effective
date
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
NEW
SECTION
.
16.222
State
funds
for
1
homelessness.
2
1.
The
authority
shall
use
the
state
funds
available
under
3
this
section
to
provide
grants
to
political
subdivisions
and
4
nonprofit
organizations
to
provide
any
of
the
following:
5
a.
Parking
areas,
at
which
all
of
the
following
are
6
available:
7
(1)
Access
to
potable
water
and
electric
outlets.
8
(2)
Access
to
bathrooms
sufficient
to
serve
all
individuals
9
utilizing
the
parking
areas.
10
b.
Camping
facilities,
subject
to
all
of
the
following:
11
(1)
Only
homeless
individuals
may
camp
and
store
personal
12
property
at
the
camping
facility.
13
(2)
Homeless
individuals
may
only
camp
and
store
personal
14
property
at
the
camping
facility
in
the
areas
designated
for
15
each
homeless
individual
by
the
camping
facility.
16
(3)
The
camping
facility
shall
offer
a
mental
health
and
17
substance
use
disorder
evaluation
to
each
homeless
individual
18
using
the
camping
facility.
19
c.
For
individual
shelters,
not
including
shelters
for
20
victims
of
domestic
violence,
that
meet
all
of
the
following
21
requirements:
22
(1)
Are
suitable
to
house
between
one
and
three
individuals.
23
(2)
Provide
basic
sleeping
accommodations
and
access
to
24
electricity.
25
(3)
Provide
adequate
access
to
showers
and
bathroom
26
facilities.
27
(4)
Limit
occupation
by
a
homeless
individual
to
not
more
28
than
two
years.
29
d.
For
congregate
shelters
housing
more
than
four
homeless
30
individuals
in
one
location
that
meet
all
of
the
following
31
requirements:
32
(1)
Monitor
and
provide
programs
to
improve
the
employment
33
and
income
of
the
homeless
individuals
utilizing
the
shelter
to
34
prevent
the
homeless
individuals’
return
to
homelessness
after
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leaving
the
shelter.
1
(2)
Require
homeless
individuals
utilizing
the
shelter
2
to
enter
information
required
by
the
authority
into
the
3
homelessness
management
information
system
administered
by
the
4
institute
for
community
alliances.
5
2.
The
authority
may
use
up
to
twenty-five
percent
of
6
the
state
funds
available
under
this
section,
that
would
7
otherwise
be
used
for
construction
of
permanent
housing
for
8
the
homeless,
to
provide
performance
payments
to
political
9
subdivisions
or
nonprofit
organizations
for
substance
use
10
disorder
treatment,
mental
health
treatment,
and
other
services
11
including
short-term
housing,
for
homeless
individuals.
In
12
order
to
receive
a
performance
payment,
a
political
subdivision
13
or
nonprofit
organization
shall
meet
the
goals
established
by
14
the
authority
related
to
reductions
for
the
homeless
population
15
served
by
the
political
subdivision
or
nonprofit
organization
16
in
the
number
of
days
unhoused,
the
number
of
days
in
jail
or
17
prison,
and
the
number
of
days
hospitalized.
18
a.
A
political
subdivision
or
nonprofit
organization
that
19
receives
performance
payments
under
this
subsection
shall
not
20
use
more
than
ten
percent
of
each
performance
payment
received
21
to
conduct
surveys
to
identify
homeless
individuals
with
22
the
greatest
number
of
days
unhoused,
in
jail
or
prison,
or
23
hospitalized.
24
b.
A
political
subdivision
determined
by
the
authority
25
to
have
a
higher
per
capita
rate
of
homelessness
than
the
26
state
average,
as
determined
by
the
most
recent
homelessness
27
point-in-time
count
completed
by
the
continuum
of
care
program
28
pursuant
to
24
C.F.R.
pt.
578,
shall
not
receive
additional
29
state
funds
until
the
political
subdivision
reduces
the
30
political
subdivision’s
per
capita
rate
of
homeless
individuals
31
to
a
rate
at
or
below
the
state
average.
32
3.
A
political
subdivision
or
nonprofit
organization
that
33
receives
and
uses
the
state
funds
to
operate
a
campground
in
34
compliance
with
this
section
shall
be
immune
from
liability
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for
all
civil
claims
arising
out
of
the
operation,
management,
1
or
other
control
of
such
campground.
Such
immunity
shall
2
not
apply
to
acts
or
omissions
by
the
political
subdivision,
3
nonprofit
organization,
or
an
agent
of
the
political
4
subdivision
or
nonprofit
organization,
constituting
negligence,
5
recklessness,
or
intentional
misconduct.
6
4.
The
authority
shall
adopt
rules
pursuant
to
chapter
17A
7
to
administer
this
section.
8
6.
For
the
purposes
of
this
section:
9
a.
“Nonprofit
organization”
means
an
organization
described
10
in
the
federal
Internal
Revenue
Code,
26
U.S.C.
§501(c)(3),
11
which
is
exempt
from
income
taxation
under
26
U.S.C.
§501(a).
12
b.
“Political
subdivision”
means
a
city,
county,
or
13
township.
14
c.
“State
funds”
means
funds
appropriated
by
the
state
15
to
the
authority,
federal
funds
received
by
the
state
and
16
allocated
to
the
authority,
or
federal
funds
received
by
17
the
authority
for
housing
or
services
for
the
homeless,
18
excluding
any
federal
funds
that
are
restricted
to
purposes
not
19
authorized
in
this
section.
20
Sec.
2.
NEW
SECTION
.
716.15
Unauthorized
use
of
public
21
land.
22
1.
A
person
shall
not
use
public
property
for
unauthorized
23
sleeping,
camping,
or
long-term
shelter.
If
an
individual
24
knowingly
violates
this
subsection,
the
individual
shall
be
25
issued
a
warning
and
offered
services
or
shelter.
If
the
26
individual
refuses
to
vacate
the
public
property
after
being
27
issued
a
warning,
the
individual
commits
a
simple
misdemeanor.
28
2.
a.
A
political
subdivision
shall
not
adopt
or
enforce
29
any
policy
under
which
the
political
subdivision
directly
or
30
indirectly
prohibits
or
discourages
the
enforcement
of
any
31
order
or
ordinance
prohibiting
unauthorized
sleeping,
camping,
32
or
long-term
shelter
on
public
property,
or
obstruction
of
33
public
rights-of-way,
including
roads
and
sidewalks.
34
b.
A
political
subdivision
shall
not
directly
or
indirectly
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prohibit
or
discourage
a
peace
officer
or
prosecuting
attorney
1
who
is
employed
by,
or
otherwise
under
the
direction
or
control
2
of,
the
political
subdivision
from
enforcing
any
order
or
3
ordinance
prohibiting
unauthorized
sleeping,
camping,
or
4
long-term
shelter
on
public
property
or
obstruction
of
public
5
rights-of-way,
including
roads
and
sidewalks.
6
3.
This
section
shall
not
prohibit
a
policy
of
any
political
7
subdivision
that
encourages
diversion
programs
or
offers
8
services
in
lieu
of
citation
or
arrest.
9
4.
a.
The
attorney
general
may
bring
a
civil
action
in
10
any
court
of
competent
jurisdiction
against
any
political
11
subdivision
to
enjoin
the
political
subdivision
from
violating
12
this
section.
13
b.
The
attorney
general
may
recover
reasonable
expenses
14
incurred
in
any
civil
action
brought
under
this
section,
15
including
court
costs,
reasonable
attorney
fees,
investigative
16
costs,
witness
fees,
and
deposition
costs.
17
Sec.
3.
EFFECTIVE
DATE.
This
Act
takes
effect
January
1,
18
2025.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
relates
to
state
funds
for
homelessness.
23
The
bill
defines
“state
funds”
to
mean
funds
appropriated
by
24
the
state
to
the
Iowa
finance
authority
(authority),
federal
25
funds
received
by
the
state
and
allocated
to
the
authority,
26
or
federal
funds
received
by
the
authority
for
housing
or
27
services
for
the
homeless,
excluding
any
federal
funds
that
are
28
restricted
to
purposes
not
authorized
in
the
bill.
29
The
bill
requires
the
authority
to
use
state
funds
to
provide
30
grants
to
political
subdivisions
(subdivisions)
and
nonprofit
31
organizations
(organizations)
to
provide
parking
areas,
camping
32
facilities,
individual
shelters,
and
congregate
shelters
33
for
homeless
individuals
subject
to
certain
criteria.
The
34
authority
may
use
up
to
25
percent
of
the
state
funds
received
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by
the
authority
under
the
bill,
that
would
otherwise
be
used
1
for
construction
of
permanent
housing
for
the
homeless,
to
2
provide
performance
payments
to
subdivisions
or
organizations
3
for
substance
use
disorder
treatment,
mental
health
treatment,
4
and
other
services
including
short-term
housing,
for
homeless
5
individuals.
In
order
to
receive
a
performance
payment,
a
6
subdivision
or
organization
shall
meet
the
goals
established
7
by
the
department
related
to
reductions
for
the
homeless
8
population
served
by
the
subdivision
or
organization
in
9
the
number
of
days
unhoused,
the
number
of
days
in
jail
or
10
prison,
and
the
number
of
days
hospitalized.
A
subdivision
11
or
organization
that
receives
performance
payments
shall
not
12
use
more
than
10
percent
of
each
payment
received
to
conduct
13
surveys
to
identify
homeless
individuals
with
the
greatest
14
number
of
days
unhoused,
in
jail
or
prison,
or
hospitalized.
15
A
subdivision
determined
to
have
a
higher
per
capita
rate
16
of
homelessness
than
the
state
average
shall
not
receive
17
additional
state
funds
until
the
subdivision
reduces
the
18
subdivision’s
per
capita
rate
of
homeless
individuals
to
a
rate
19
at
or
below
the
state
average.
20
A
subdivision
or
organization
that
receives
state
funds
and
21
uses
the
state
funds
to
operate
a
campground
in
compliance
22
with
the
bill
shall
be
immune
from
liability
for
all
civil
23
claims,
arising
out
of
the
operation,
management,
or
other
24
control
of
such
campground.
Such
immunity
shall
not
apply
to
25
acts
or
omissions
by
the
subdivision
or
organization
or
their
26
agents
constituting
negligence,
recklessness,
or
intentional
27
misconduct.
28
The
bill
requires
the
authority
to
adopt
administrative
29
rules
to
administer
the
bill.
30
The
bill
prohibits
a
person
from
using
public
property
31
for
unauthorized
sleeping,
camping,
or
long-term
shelter.
32
If
an
individual
knowingly
violates
this
provision,
the
33
individual
shall
be
provided
a
warning
and
offered
services
34
or
shelter.
If
the
individual
refuses
to
vacate
the
public
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property,
the
individual
commits
a
simple
misdemeanor.
The
1
bill
also
prohibits
a
subdivision
from
adopting
or
enforcing
2
any
policy
under
which
the
subdivision
directly
or
indirectly
3
prohibits
or
discourages
the
enforcement
of
any
order
or
4
ordinance
prohibiting
unauthorized
sleeping,
camping,
or
5
long-term
shelter
on
public
property,
or
obstruction
of
public
6
rights-of-way,
including
roads
and
sidewalks.
A
subdivision
7
shall
not
directly
or
indirectly
prohibit
or
discourage
a
8
peace
officer
or
prosecuting
attorney
who
is
employed
by,
or
9
otherwise
under
the
direction
or
control
of,
the
subdivision
10
from
enforcing
any
order
or
ordinance
prohibiting
unauthorized
11
sleeping,
camping,
or
long-term
shelter
on
public
property
or
12
the
obstruction
of
public
rights-of-way,
including
roads
and
13
sidewalks.
14
The
bill
does
not
prohibit
a
policy
of
any
subdivision
that
15
encourages
diversion
programs
or
offers
services
in
lieu
of
16
citation
or
arrest.
17
The
attorney
general
may
bring
a
civil
action
against
18
any
subdivision
to
enjoin
the
subdivision
from
violating
the
19
bill,
and
the
attorney
general
may
recover
reasonable
expenses
20
incurred
in
any
civil
action
brought
under
the
bill.
21
The
bill
takes
effect
January
1,
2025.
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