SSB 3175

This bill relates to state funds for homelessness. The bill defines “state funds” to mean funds appropriated by the state to the Iowa finance authority (authority), federal funds received by the state and allocated to the authority, or federal funds received by the authority for housing or services for the homeless, excluding any federal funds that are restricted to purposes not authorized in the bill. The bill requires the authority to use state funds to provide grants to political subdivisions (subdivisions) and nonprofit organizations (organizations) to provide parking areas, camping facilities, individual shelters, and congregate shelters for homeless individuals subject to certain criteria. _____ by the authority under the bill, that would otherwise be used for construction of permanent housing for the homeless, to provide performance payments to subdivisions or organizations for substance use disorder treatment, mental health treatment, and other services including short-term housing, for homeless individuals. In order to receive a performance payment, a subdivision or organization shall meet the goals established by the department related to reductions for the homeless population served by the subdivision or organization in the number of days unhoused, the number of days in jail or prison, and the number of days hospitalized. A subdivision or organization that receives performance payments shall not use more than percent of each payment received to conduct surveys to identify homeless individuals with the greatest number of days unhoused, in jail or prison, or hospitalized. A subdivision determined to have a higher per capita rate of homelessness than the state average shall not receive additional state funds until the subdivision reduces the subdivision’s per capita rate of homeless individuals to a rate at or below the state average. A subdivision or organization that receives state funds and uses the state funds to operate a campground in compliance with the bill shall be immune from liability for all civil claims, arising out of the operation, management, or other control of such campground. Such immunity shall not apply to acts or omissions by the subdivision or organization or their agents constituting negligence, recklessness, or intentional misconduct. The bill requires the authority to adopt administrative rules to administer the bill. 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. _____ property, the individual commits a simple misdemeanor. The bill also prohibits a subdivision from adopting or enforcing any policy under which the 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 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 subdivision from 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 subdivision that encourages diversion programs or offers services in lieu of citation or arrest. The attorney general may bring a civil action against any subdivision to enjoin the subdivision from violating the bill, and the attorney general may recover reasonable expenses incurred in any civil action brought under the bill. The bill takes effect January 1, 2025.