Homelessness bill fails to pass Iowa Senate subcommittee

Yahoo

05-03-2025

Sens. Cherielynn Westrich, Dave Sires and Senate Minority Leader Janice Weiner discussed legislation that would create criminal penalties and fines for sleeping or camping on public property in a subcommittee meeting March 5, 2025. Weiner and Sires did not support the bill advancing. (Photo by Robin Opsahl/Iowa Capital Dispatch)
Legislation that would criminalize sleeping and camping on public property while allowing cities and counties to create designated areas for homeless encampments did not advance in a Senate subcommittee meeting Wednesday.
The legislation, Senate Study Bill 1195, was supported by the Cicero Institute, a nonprofit based in Austin, Texas, that promotes bans on unauthorized public camping and calls for funds to be directed away from 'Housing First' programs. The institute advocated for a similar measure in 2024 that failed to advance, but Dennis Tibben, representing Cicero Action, said this year's proposal comes after a year of discussions by Iowa communities on how to address homelessness.
Cities including Des Moines passed bans on camping and sleeping in public spaces in 2024.
'The bill before you intended to help with these efforts by ensuring consistent statewide policies, including basic minimum services and support, greater transparency on how public homelessness dollars are being utilized, and most importantly, creating a pathway to stability and self-sustainability for Iowans,' Tibben said.
The legislation includes four parts: one section would set a statewide penalty of a misdemeanor charge with a fine of at least $105 and up to 30 days of jail time for individuals who refuse to vacate public property after receiving a warning and being offered services or shelter by law enforcement. Local governments would be allowed to enact policies designating portions of public property to be used for public camping by people experiencing unsheltered homelessness, such as parking lots or camping facilities, that would be required to provide individuals access to clean and running water, showers and restrooms, as well as access to available behavioral health and substance abuse services in the region.
The bill would also create 'drug-free homeless service zones,' stating that operators of facilities providing shelter and services to unhoused populations could be charged with a crime if a person accessing services is allowed to possess or use a controlled substance at their facility. The aggravated misdemeanor change is punishable by up to two years in confinement and fines between $855 and $8,540.
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Organizations providing homeless services would also be required to submit annual reports to the Iowa Finance Authority if they have received funding for combatting homelessness in the previous fiscal year.
While Tibben said these policies are meant to aid Iowa communities grappling with 'public safety concerns with street camping and how to better support Iowa struggling with homelessness,' advocates for local governments and organizations providing support to Iowans experiencing homelessness said the measure is not the right fit for Iowa.
Angie Arthur, executive director of Homeward Iowa, a group focused on homelessness in Polk County, said local governments do not have the funding needed to be able to provide the homelessness services required under the legislation. She said the measure would result in significant increased costs for police, emergency and crisis-based services.
She also said criminalizing the act of sleeping or camping in public spaces will trap homeless individuals in a loop of being incarcerated for these acts, as they will likely not be able find secure housing when they are released from jail and will face further difficulties in finding stable housing when amassing fines.
'It will increase the number of individuals caught in the cycle and generate significant costs for the state, counties and local health authorities, placing a new burden on taxpayers already facing economic challenges,' Arthur said. 'What it will not do is reduce homelessness. What is needed in Iowa (is a) stronger investment in housing and services that support people getting help.'
Zeb Beilke-McCallum with the Iowa Coalition Against Domestic Violence said the financial and criminal penalties could discourage people from leaving abusive situations, and expressed concerns about the lack of clarity on whether children would be subject to fines under the legislation. He said that the coalition was against public camping sites as described by the legislation, and said while Iowa cities like Des Moines are considering creating public camping sites, 'there is nothing like it's described in this bill right now.'
'This is legislation that might work in other states, but it doesn't represent or reflect the good job that Iowa does in caring for its homeless population,' Beilke-McCallum said.
Sen. Cherielynn Westrich, R-Ottumwa, said she was encouraged by the large number of people who came to advocate for Iowans experiencing homelessness, sharing that she had experienced a level of homelessness living in a vehicle as a teenager. However, she said she supported the measure moving forward because it seeks to address 'that other side' of the impacts of homelessness on communities.
'We have to address campsites that may be in areas where it's disrupting businesses or disrupting other people's homes, and make sure that we're providing services, but that we're not allowing folks to just camp wherever they would like,' Westrich said, adding that she would support amendments to address specific concerns about provisions of the bill.
However, the measure did not move forward as both Senate Minority Leader Janice Weiner and Sen. Dave Sires, R-Cedar Falls, did not sign off on the bill. Sires said he was 'shocked' by the proposed punishments of '$800 fines for people who really don't have any money.'
'This is not fair to people, whether they're down on their luck or they're having a problem — I know that sounds crazy coming from conservative Republican, but I do support my food pantry in my own hometown,' Sires said. '… We have to change the things and come back with this a second time.'
Though the measure did not gain approval from the Senate subcommittee, it could advance in the House, where a subcommittee is set to consider a companion bill, House Study Bill 286, at 4:30 p.m. Wednesday.
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