Bill > SSB1195

Introduced Session

This bill relates to homelessness including unauthorized use of public land, sanctioned camping, drug-free homeless service zones, and funding for homeless services. DIVISION I —— UNAUTHORIZED USE OF PUBLIC LAND. The bill prohibits a person from using public property for unauthorized sleeping, camping, or long-term shelter. If an individual knowingly violates this provision, the individual shall be provided a warning and offered services or shelter. If the individual refuses to vacate the public property, the individual commits a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than 30 days and a fine of at least $105 but not more than $855. The bill also prohibits a political subdivision from adopting or enforcing any policy under which the political subdivision directly or indirectly prohibits or discourages the enforcement of any order or ordinance prohibiting unauthorized sleeping, camping, or long-term shelter on public property, or obstruction of public rights-of-way, including roads and sidewalks. A political subdivision shall not directly or indirectly prohibit or discourage a peace officer or prosecuting attorney who is employed by, or otherwise under the direction or control of, the political subdivision from S.F. _____ enforcing any order or ordinance prohibiting unauthorized sleeping, camping, or long-term shelter on public property or the obstruction of public rights-of-way, including roads and sidewalks. The bill does not prohibit a policy of any political subdivision that encourages diversion programs or offers services in lieu of citation or arrest. The attorney general may bring a civil action against any political subdivision to enjoin the political subdivision from violating the bill, and the attorney general may recover reasonable expenses incurred in any civil action brought under the bill. DIVISION II —— PUBLIC CAMPING —— COUNTIES AND CITIES. The bill allows a county or city to adopt or enforce an ordinance, motion, resolution, or amendment designating portions of public property within its jurisdiction, for periods not to exceed one year, to be used for public camping by persons experiencing unsheltered homelessness. The ordinance, motion, or resolution shall include the following standards and requirements: a list of residents must be kept identifying the names and dates of persons using the public camping location; specific sublots, parking spots, or other designated areas must be assigned to each person or family; property and personal safety and security measures shall be established; sanitization measures shall be established including providing residents, at a minimum, clean and running water, restrooms, and a location to shower; access shall be provided to regionally available services such as behavioral health, substance abuse, and mental health treatment; alcoholic beverages and all illegal substances shall be banned from the public camping location; and all other federal, state, and local laws, ordinances, and resolutions are applicable and shall be enforced. The attorney general, or a resident or a business owner of the county may seek an injunction to enforce the requirements of the bill or may initiate other proceedings in district court. S.F. _____ If the resident or business owner prevails, the court may award reasonable expenses to be paid by the county or city including but not limited to court costs, attorney fees, and any and all costs associated with the proceedings. Prior to seeking an injunction, the resident or business owner shall provide written notice to the county or city that an alleged violation of the bill has occurred and allow the county at least five business days to cure the violation. The bill does not apply to any other type of camping or campgrounds authorized under local, state, or federal laws and regulations. The bill defines “camping”, “public camping”, and “unsheltered homelessness”. DIVISION III —— DRUG-FREE HOMELESS SERVICE ZONES. The bill prohibits a person from intentionally or knowingly doing any of the following: the person sells or transfers or attempts to sell or transfer a controlled substance while present within a drug-free homeless service zone; or the person operates or has authority to enforce the policies and requirements of a facility-based drug-free service zone that primarily serves homeless individuals and that receives state, local, or federal funding, and the person allows an individual accessing services to possess or use a controlled substance on the premises of the facility. The bill provides that a person who sells or transfers a controlled substance, or attempts to sell or transfer a controlled substance within a drug-free homeless service zone is punishable as the same class of criminal violation for which the offense would be punishable under existing law had the violation not occurred within a drug-free homeless service zone, except that the minimum and maximum sentence for the offense shall be increased by one year. A person convicted of this offense is not eligible for a deferred judgment, deferred or suspended sentence, probation, or work release. The bill provides that a person who operates or has authority to enforce the policies and requirements of a S.F. _____ facility-based drug-free service zone who allows an individual accessing services to possess or use a controlled substance on the premises of the facility is guilty of an aggravated misdemeanor. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. An operator of a facility-based drug-free service zone who violates the bill is ineligible to apply for homelessness assistance grants from the state for a period of three years from the date of conviction. The bill provides that in addition to any other penalty, a person convicted of an offense under the bill shall be punished by a fine of not less than $2,000 or three times the value as determined by the court of the drugs involved in or giving rise to the offense, whichever is greater. The fine may not be suspended, in part or whole, for any reason. The bill requires the operator of a facility-based service that primarily serves homeless individuals to place and maintain permanently affixed signs located in a conspicuous manner clearly visible to the public at the main entrance of the facility that identifies the building and its accompanying grounds as a drug-free homeless service zone. Such signs shall be written in both English and Spanish and in contrasting colors with block letters at least one inch in height. The bill defines “drug-free homeless service zone”, “facility-based services”, and “operator”. DIVISION IV —— FUNDING FOR HOMELESS SERVICES —— ANNUAL REPORTS. Under the bill, a coordinating entity that received funding in the immediately preceding fiscal year for the purpose of combating homelessness shall annually report to the Iowa finance authority all of the information required by the bill, including certain comprehensive overviews, an overview of the homeless population served by the coordinating entity, the total amount of moneys received by the coordinating entity, and details regarding how the moneys were disbursed for the purpose of combating homelessness. S.F. _____ Under the bill, each service provider shall annually report to the Iowa finance authority all of the information required by the bill for the type of service as well as the service provider’s audit and related records. The Iowa finance authority shall make the reports publicly available on the authority’s internet site. The bill defines “coordinating entity”, “service provider”, and “type of service”.

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No sponsors listed

Other Sponsors (1)

Tabled until future meeting. (on 03/05/2025)

Official Document