SB 621

This bill authorizes the Department of Administration and, under the circumstances described below, cities, villages, towns, and counties (political subdivisions) to designate public property, other than county fairgrounds and public parks, for use as a “structured camping facility” at which DOA may assign to 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. The bill also requires DOA to collect data related to the number of individuals who set up temporary residence at each structured camping 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 the homeless population in the state, as determined by DOA. Otherwise, the bill provides that DOA may designate public property of a political subdivision as a structured camping facility only with the approval of the political subdivision.

Under the bill, if DOA is unable to assign to a homeless individual or family a specific location at a structured camping facility because every structured camping facility in the applicable political subdivision is at capacity, DOA must place the homeless individual or family on a waiting list until a location at a structured camping facility within the political subdivision becomes available. Notwithstanding the general requirements for designating public property as a structured camping facility under the bill, if at any time 12 or more individuals are listed on a waiting list in a single political subdivision, DOA must immediately designate public property of the political subdivision as a structured camping facility for the purpose of assigning the individuals listed on the waiting list to the structured camping facility.

The bill also prohibits the setting up of a temporary residence on public property that is not designated for recreational camping or designated as a structured camping facility under the bill. An individual who violates the prohibition is subject to a warning notice for a first violation and then is guilty of a Class C misdemeanor for a second or subsequent violation. The penalty does not apply if the individual has been placed on a waiting list under the bill.

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.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.