AB 689 — Relating to: pay for performance grant requirements, use of public lands to provide temporary residence for the homeless, and providing a penalty. (FE)

- 2024 LEGISLATURE LRBa0972/1LRB-4869/1 MPG&CMH:klmMPG&CMH:skw ASSEMBLY AMENDMENTBILL 1,689 TONovember ASSEMBLY27, BILL2023 689- JanuaryIntroduced 23,by 2024Representatives -D OfferedALLMAN , KURTZ, BEHNKE , B RANDTJEN, M URPHY , O'CONNOR , P ENTERMAN , STEFFEN and W ICHGERS , cosponsored by RepresentatiALLMAN.Senators T OMCZYK and C ABRAL-GUEVARA .

AtReferred theto locationsCommittee indicated,on amendHousing theand billReal asEstate. follows:

A N A CT to create 16.3087, 16.311 and 943.135 of the statutes;

relating to:

pay for performance grant requirements, use of public lands to provide temporary residence for the homeless, and providing a penalty.

Analysis by the Legislative Reference Bureau PAY FOR PERFORMANCE GRANT REQUIREMENTS Under current law, the Department of Administration administers a number of grant programs having the purpose of alleviating homelessness.

This bill establishes “pay for performance” requirements for certain grants issued under those programs to grant recipients.

For each eligible grant to a grant recipient, DOA must withhold between 10 and 50 percent of the amount of the eligible grant for at least six months after the award.

DOA may then pay the amount withheld to the grant recipient only if the recipient demonstrates that it has met one or more of the following performance objectives compared to a base year, as determined by DOA:

PageIncreased 3,the linenumber 15:of homeless individuals and families securing permanent housing after participation in programs offered by the grant recipient.

delete “For" and substitute “Except as provided in par.

(am), for".

PageIncreased 3,the linenumber 17:of homeless individuals securing part-time or full-time employment after participation in programs offered by the grant recipient.

after that line insert:

“(am) Paragraph (a) first applies to the 2nd eligible grant awarded to the same grant recipient after the effective date of this paragraph ....

[LRB inserts date].”.

PageReduced 4,the linenumber 10:of homeless individuals and families returning to homelessness after participation in programs offered by the grant recipient.

afterS thatTRUCTURED lineCAMPING insert:FACILITIES This bill authorizes DOA and, under the circumstances described below, cities, villages, towns, and counties (political subdivisions) to designate public property, - 2024 Legislature - 2 - LRB-4869/1 MPG&CMH:skw ASSEMBLY BILL 689 other than county fairgrounds and public parks, for use as a “structured camping facility” at which DOA may assign 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.

“(d)DOA Moneysmay encumberedallow forhomeless anindividuals eligibleand grantfamilies thatassigned theto departmenta withholdsstructured undercamping par.facility to bring camping equipment and other personal items onto the facility.

(a)Additionally, DOA must provide for public safety at structured camping facilities and must ensure that thepotable departmentwater doesand notadequate paysanitary tofacilities theare eligibleavailable recipientat undereach par.facility.

(b)Also, dueunder the bill, if a resident of a political subdivision petitions the political subdivision to designate public property of the eligiblepolitical recipient'ssubdivision failureas toa satisfystructured camping facility, the political subdivision may make a performancedesignation objectiveand specifiedmust inprovide par.DOA notice of the designation.

(b)If the political subdivision fails to make a designation within 12 months after the resident's petition, DOA may bedesignate reallocatedpublic property of the political subdivision as additionala grantstructured moneyscamping tofacility otherwithout eligiblethe recipientspolitical undersubdivision's approval, but only if the samepolitical programsubdivision whohad satisfya onehomeless orpopulation moreabove the per capita statewide average for political subdivisions in any of the performanceimmediately objectivespreceding specifiedtwo statewide counts of homeless population in par.the state, as determined by DOA.

(b).”.Otherwise, the bill provides that DOA may designate the public property of a political subdivision as a structured camping facility only with the approval of the political subdivision.

LRBa0972/1The -bill 2024also Legislatureprohibits -the 2setting -up MPG&CMH:klmof 4.a temporary residence on public property that is not designated for recreational camping or as a structured camping facility under the bill.

PageA 6,person linewho 15:violates the prohibition is guilty of a Class C misdemeanor and may be subject to a fine of not more than $500, imprisonment for not more than 30 days, or both, unless the person has no other reasonable options for obtaining shelter or the person has been or would be denied admission to a homeless shelter because the shelter is at capacity.

afterFinally, “misdemeanor"under insertthe “forbill, DOA must condition a 2ndhomeless individual's or subsequentfamily's violationtemporary and,residence forat a firststructured violation,camping shallfacility beon giventhe noticecompletion of themental penaltyhealth foror asubstance 2nduse orevaluations, subsequentand violationDOA but may notexpel beindividuals subjectwho fail to acomply penalty".with DOA instructions.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SECTION 1.

16.3087 of the statutes is created to read:

16.3087 Pay for performance grant requirements.

(1) D EFINITIONS.

In this section:

LRB-4869/1 - 2024 Legislature - 3 - MPG&CMH:skw SECTION 1 ASSEMBLY BILL 689 (a) “Base year” means the calendar year occurring within the 5 years immediately preceding the year in which a grant recipient receives an eligible grant subject to this section during which the grant recipient's program for which the grant recipient receives that eligible grant demonstrated the most successful outcomes, as determined by the department.

(b) “Eligible grant” means a grant awarded under s.

16.306 (2), 16.307, 16.308 (2) (a), or 16.3085 (2), unless it is the first such grant awarded to the grant recipient.

(c) “Grant recipient” means any of the following:

1.

An organization specified in s.

16.306 (1) (d) or (e) that receives a grant under s.