Wisconsin 2021-2022 Regular Session Status: To Executive 2 R cosponsors

AB 604 — Relating to: pay for performance grant requirements, housing navigator grants, use of public lands to provide temporary residence for the homeless, making an appropriation, and providing a penalty. (FE)

Last action — Failed to concur in pursuant to Senate Joint Resolution 1

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

200 added · 12 removed

Plain-language change summary

The recent amendment to Assembly Bill 604 adds a provision that protects individuals from penalties if they lack reasonable options for shelter or have been turned away from a homeless shelter due to capacity limits. This change matters because it acknowledges the challenges faced by people experiencing homelessness and ensures that those in need are not penalized when they have no viable alternatives for housing. By focusing on the actual circumstances of individuals, the bill aims to provide more humane support and assistance to those experiencing homelessness.

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- 2022 LEGISLATURE LRBa0934/1 CMH:cjs ASSEMBLY AMENDMENT 1, TO ASSEMBLY SUBSTITUTE AMENDMENT 1, TO ASSEMBLY BILL 604 October 26, 2021 - Offered by RepresentatiALLMAN and LOUDENBECK .
- 2022 LEGISLATURE LRB-4712/1 MPG:cjs&emw ASSEMBLY BILL 604 October 8, 2021 - Introduced by Representatives ALLMAN , UCHOW and P LUMER, cosponsored by Senators B ERNIER and R OTH .
At the locations indicated, amend the substitute amendment as follows:
Referred to Committee on Housing and Real Estate.
A N A CT to amend 20.505 (7) (b), 20.505 (7) (fm), 20.505 (7) (ft), 20.505 (7) (h) and 20.505 (7) (kg);
and to create 16.3087, 16.311 and 943.135 of the statutes;
relating to:
pay for performance grant requirements, housing navigator grants, use of public lands to provide temporary residence for the homeless, making an appropriation, 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, which the bill terms “eligible grants.” For each eligible grant, 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 grant recipient demonstrates that it has met one or more of the following performance objectives:
Page 6, line 7:
Increase the number of homeless individuals and families securing permanent housing.
after that line insert:
2.
“(4) Unless sub.
Increase the number of homeless individuals securing part-time or full-time employment.
(3) applies, sub.
3.
(2) may not be enforced if 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.”.
Reduce the number of homeless individuals and families returning to homelessness after participation in programs offered by the grant recipient.
- 2022 Legislature - 2 - LRB-4712/1 MPG:cjs&emw ASSEMBLY BILL 604 S TRUCTURED CAMPING FACILITIES This bill authorizes DOA to designate any public property 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.
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 prohibits the setting up of a temporary residence on public property that is not designated for recreational camping or as a structured camping facility under the bill.
A person who 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.
Finally, under the bill, DOA may 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 department instructions.
H OUSING NAVIGATOR GRANTS This bill requires DOA to provide grants to continuum of care organizations for hiring housing navigators to engage in activities that include the following:
1.
Acting as a liaison with landlords, rental property managers, and homeless assistance programs.
2.
Recruiting new landlords.
3.
Identifying affordable housing for program participants.
4.
Mediating landlord-tenant issues.
Of the funds accepted by the governor under the federal American Rescue Plan Act of 2021, the bill requires the governor to allocate $300,000 in each fiscal year of the 2021-23 fiscal biennium for the housing navigator grants.
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.
For further information see the state 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:
S ECTION 1.
16.3087 of the statutes is created to read:
16.3087 Pay for performance grant requirements.
(1) D EFINITIONS.
In this section:
LRB-4712/1 - 2022 Legislature - 3 - MPG:cjs&emw SECTION 1 ASSEMBLY BILL 604 (a) “Eligible grant” means a grant awarded under s.
16.306 (2), 16.307, 16.308 (2) (a), or 16.3085 (2).
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(b) “Grant recipient” means all of the following:
1.
An organization specified in s.
16.306 (1) (d) or (e) that receives a grant under s.
16.306 (2).
2.
An organization that receives a grant under s.
16.307.
3.
An organization specified in s.
16.308 (1) (b) 4.
or 7.
that receives a grant under s.
16.308 (2) (a).
4.
A shelter facility that receives a grant under 16.3085 (2).
(2) PERFORMANCE PAYMENTS.
(a) For each eligible grant the department awards to a grant recipient, the department shall withhold between 10 and 50 percent of the amount of the eligible grant for at least 6 months after the award, subject to par.
(b).
(b) The department may pay the amount of an eligible grant withheld under par.
(a) only if the grant recipient demonstrates that it has met one or more of the following performance objectives, as determined by the department:
1.
Increase the number of homeless individuals and families securing permanent housing.
2.
Increase the number of homeless individuals securing part-time or full-time employment.
3.
Reduce the number of homeless individuals and families returning to homelessness after participation in programs offered by the grant recipient.
(c) For purposes of par.
(b) and to the extent permitted under federal law, the department shall give priority to grant recipients awarded grants under ss.
16.306 (2) and 16.3085 (2) who have made demonstrable commitments to improving outcomes in connection with the performance objectives specified in par.
(b).
- 2022 Legislature - 4 - LRB-4712/1 MPG:cjs&emw ASSEMBLY BILL 604 S ECTION 2 S ECTION 2.
16.311 of the statutes is created to read:
16.311 Structured camping facilities.
(1) D EFINITIONS.In this section:
(a) “Public property” means any real property that is owned, leased, or occupied by a state agency or a city, village, town, or county.
(b) “State agency” means an association, authority, board, department, commission, independent agency, institution, office, society, or other body in state government created or authorized to be created by the constitution or any law, except the legislature and the courts.
(c) “Structured camping facility” means public property that the department designates under sub.
(2) for use under this section.
(2) D ESIGNATION OF STRUCTURED CAMPING FACILITIES.
The department may designate any public property for use as a structured camping facility.
If the department makes a designation under this subsection, the department shall provide for public safety at the structured camping facility and ensure that potable water and adequate sanitary facilities are available at the facility.
(3) U SE OF STRUCTURED CAMPING FACILITIE(a) The department may assign to a homeless individual or family a specific location at a structured camping facility for the purpose of allowing the individual or family to set up temporary residence at the facility.
The department may allow homeless individuals and families assigned to a structured camping facility to bring camping equipment and other personal items onto the facility.
(b) The department may condition temporary residence at a structured camping facility under par.
(a) on the completion of mental health or substance use evaluations, as prescribed by the department, and may expel individuals who fail to comply with department instructions.
LRB-4712/1 - 2022 Legislature - 5 - MPG:cjs&emw SECTION 3 ASSEMBLY BILL 604 SECTION 3.
20.505 (7) (b) of the statutes is amended to read:
20.505 (7) (b) Housing grants and loans;
general purpose revenue.
Biennially, the amounts in the schedule for grants and loans under s.
16.303 and, for grants under s.
16.305, and to provide for public safety and adequate facilities at structured camping facilities under s.
16.311 (2).
SECTION 4.
20.505 (7) (fm) of the statutes is amended to read:
20.505 (7) (fm) Shelter for homeless and housing grants.
Biennially, the amounts in the schedule for housing grants under s.
16.306 andfor grants to agencies and shelter facilities for homeless individuals and families as provided under s.
16.308, and to provide for public safety and adequate facilities at structured camping facilities under s.
16.311 (2).
Notwithstanding ss.
20.001 (3) (a) and 20.002 (1), the department may transfer funds between fiscal years under this paragraph.
SECTION 5.
20.505 (7) (ft) of the statutes is amended to read:
20.505 (7) (ft) Employment grants.
The amounts in the schedule for grants to municipalities under s.
16.313 and to provide for public safety and adequate facilities at structured camping facilities under s.
16.311 (2).
SECTION 6.
20.505 (7) (h) of the statutes is amended to read:
20.505 (7) (h) Funding for the homeless.
All moneys received from interest on real estate trust accounts under s.
452.13 for grants under s.
16.307, and all moneys received under ss.
704.05 (5) (a) 2.
and 704.055 (2) (b), for grants to agencies and shelter facilities for homeless individuals and families under s.
16.308 (2) (a) and (b) and to provide for public safety and adequate facilities at structured camping facilities under s.
16.311 (2).
SECTION 7.
20.505 (7) (kg) of the statutes is amended to read:
- 2022 Legislature - 6 - LRB-4712/1 MPG:cjs&emw ASSEMBLY BILL 604 SECTION 7 20.505(7) (kg) Housing program services.
All moneys received from other state agencies for housing program services, including all moneys required under s.
49.175 (1) (f) to be credited to this appropriation account, for the purpose of providing housing program services and for public safety and adequate facilities at structured camping facilities under s.
16.311 (2).
Notwithstanding s.
20.001 (3) (c), at the end of each fiscal year, any unencumbered balance in this appropriation account attributable to the moneys credited under s.
49.175 (1) (f) shall revert to one or more of the appropriation accounts specified in s.
49.175 (1) (intro.), as determined by the secretary of administration.
SECTION 8.
943.135 of the statutes is created to read:
943.135 Unauthorized camping on public property;
trespass.
(1) In this section, “public property” has the meaning given in s.
16.311 (1) (a).
(2) No person may set up a temporary habitation on a public property that is not designated as a recreational camping area or as a structured camping facility under s.
16.311 unless the temporary habitation is consistent with the normal, customary, or temporarily designated usage of the public property.
A person who violates this subsection is guilty of a Class C misdemeanor.
(3) A person who has set up a temporary habitation on a public property that is designated as a structured camping facility under s.
16.311 violates sub.
(2) if the person does not comply with instructions or conditions provided by the department of administration.
SECTION 9.0Nonstatutory provisions.
(1) GRANTS FOR HOUSING NAVIGATORS.
(a) From the moneys allocated under par.
(b), the department of administration shall make equal grants to each continuum of care organization in this state LRB-4712/1 - 2022 Legislature - 7 - MPG:cjs&emw SECTION 9 ASSEMBLY BILL 604 designated by the federal department of housing and urban development.
All grant funds shall be used to hire housing navigators to engage in activities that include:
acting as a liaison with landlords, rental property managers, and homeless assistance programs;
recruiting new landlords;
identifying affordable housing for program participants;
and mediating landlord-tenant issues.
The department of administration shall ensure that the grant funds are expended to fill housing navigator positions that are reasonably balanced among the geographic areas served by each continuum of care organization.
(b) Of the moneys the governor accepts from the federal government under s.
16.54 pursuant to section 602 of the federal Social Security Act as amended by the federal American Rescue Plan Act of 2021, P.L.
117-2, the governor shall allocate $300,000 in each fiscal year of the 2021-23 fiscal biennium for the grants under par.
(a).
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Action History

  1. Failed to concur in pursuant to Senate Joint Resolution 1

  2. Read first time and referred to committee on Housing, Commerce and Trade

  3. Fiscal estimate received

  4. Received from Assembly

  5. Ordered immediately messaged

  6. Read a third time and passed, Ayes 55, Noes 39

  7. Rules suspended

  8. Ordered to a third reading

  9. Assembly Substitute Amendment 1 adopted

  10. Assembly Amendment 2 to Assembly Substitute Amendment 1 adopted

  11. Assembly Amendment 2 to Assembly Substitute Amendment 1 offered by Representative Dallman

  12. Assembly Amendment 1 to Assembly Substitute Amendment 1 adopted

  13. Read a second time

  14. Assembly Amendment 1 to Assembly Substitute Amendment 1 offered by Representatives Dallman and Loudenbeck

  15. Representative Krug added as a coauthor

  16. Placed on calendar 10-26-2021 by Committee on Rules

  17. Referred to committee on Rules

  18. Report passage as amended recommended by Committee on Housing and Real Estate, Ayes 6, Noes 4

  19. Report Assembly Substitute Amendment 1 adoption recommended by Committee on Housing and Real Estate, Ayes 7, Noes 3

  20. Executive action taken

  21. Fiscal estimate received

  22. Assembly Substitute Amendment 1 offered by Representative Dallman

  23. Public hearing held

  24. Read first time and referred to Committee on Housing and Real Estate

  25. Introduced by Representatives Dallman, Duchow and Plumer; cosponsored by Senators Bernier and Roth

Sponsors

Sponsorship breakdown

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3 sponsors · 0 co-sponsors · 129 not signed on · 21 voted No

Sponsors (3)

Co-sponsors (0)

None.

Not signed on (129)

129 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Votes

PASSAGE

Passed 55 Yea · 39 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 191800
Republican 36300
Democrat 01800
Total 553900
% of votes cast 59%41%0%0%
How each member voted (94)
Member Party Vote
KATSMA — Yea
BALDEH — Nay
BOWEN — Nay
BRANDTJEN — Yea
BROSTOFF — Nay
CABRAL-GUEVA — Yea
CABRERA — Nay
CONLEY — Nay
CONSIDINE — Nay
EDMING — Yea
GOYKE — Nay
HEBL — Nay
HINTZ — Nay
STEINEKE — Yea
THIESFELDT — Yea
VORPAGEL — Yea
VRUWINK — Nay
SPEAKER — Yea
KERKMAN — Yea
KUGLITSCH — Yea
LOUDENBECK — Yea
MACCO — Yea
MAGNAFICI — Yea
MEYERS — Nay
MILROY — Nay
MOORE OMOKUN — Nay
MYERS — Nay
OHNSTAD — Nay
OLDENBURG — Yea
PLUMER — Yea
POPE — Nay
RAMTHUN — Yea
ROZAR — Yea
SCHRAA — Yea
SHANKLAND — Nay
SHELTON — Nay
SKOWRONSKI — Yea
Anderson, Clinton Democrat Nay
Andraca, Deb Democrat Nay
Billings, Jill Democrat Nay
Doyle, Steve Democrat Nay
Drake, Dora Democrat Nay
Emerson, Jodi Democrat Nay
Haywood, Kalan Democrat Nay
Hesselbein, Dianne Democrat Nay
Hong, Francesca Democrat Nay
McGuire, Tip Democrat Nay
Neubauer, Greta Democrat Nay
Ortiz-Velez, Sylvia Democrat Nay
Sinicki, Christine Democrat Nay
Snodgrass, Lee Democrat Nay
Spreitzer, Mark Democrat Nay
Stubbs, Shelia Democrat Nay
Subeck, Lisa Democrat Nay
Vining, Robyn Democrat Nay
Allen, Scott Republican Nay
Armstrong, David Republican Yea
August, Tyler Republican Yea
Behnke, Elijah Republican Yea
Born, Mark Republican Yea
Brooks, Robert Republican Yea
Callahan, Calvin Republican Yea
Dallman, Alex Republican Yea
Dittrich, Barbara Republican Yea
Duchow, Cindi Republican Yea
Gundrum, Rick Republican Yea
James, Jesse Republican Yea
Kitchens, Joel Republican Yea
Knodl, Daniel Republican Yea
Krug, Scott Republican Yea
Kurtz, Tony Republican Yea
Moses, Clint Republican Yea
Murphy, David Republican Yea
Mursau, Jeffrey Republican Yea
Neylon, Adam Republican Yea
Novak, Todd Republican Yea
Penterman, William Republican Yea
Petersen, Kevin Republican Yea
Pronschinske, Treig Republican Yea
Rodriguez, Jessie Republican Yea
Rodriguez, Jessie Republican Nay
Snyder, Patrick Republican Yea
Sortwell, Shae Republican Yea
Spiros, John Republican Yea
Steffen, David Republican Nay
Summerfield, Rob Republican Yea
Swearingen, Rob Republican Yea
Tittl, Paul Republican Yea
Tranel, Travis Republican Yea
Tusler, Ron Republican Yea
VanderMeer, Nancy Republican Yea
Wichgers, Chuck Republican Yea
Wittke, Robert Republican Yea
Zimmerman, Shannon Republican Yea

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Subjects

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Frequently asked questions

Who sponsors AB 604?
AB 604 is sponsored by Plumer, Duchow, Cindi (Republican), and Dallman, Alex (Republican).
What is the current status of AB 604?
This bill died with 2021-2022 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 604?
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