SCS/SB 1336 - This act amends the section of law which was declared unconstitutional in Byrd, et al. v. State of Missouri, et al.This act provides that state funds for homelessness shall be used for certain facilities, including parking areas, camping facilities, and short-term shelters, and shall comply with certain requirements as provided in the act. Additionally, any person that owns or operates a private camping facility pursuant to this act shall be immune from liability as provided in the act.
State funds otherwise used for permanent housing projects shall be used to assist individuals with substance use, mental health treatment, and other services like short-term housing. Any state department that is authorized to allocate funds for housing or homelessness shall award certain funds as performance payments for political subdivisions that reduce the number of individuals with days unhoused, days in jail, or days hospitalized.
This act provides that no person shall be permitted to use state-owned lands for unauthorized sleeping, camping, or long-term shelters.
A political subdivision shall not adopt any policy under which the political subdivision prohibits the enforcement of any ordinance prohibiting public camping, sleeping, or obstruction of sidewalks. The Attorney General shall have the power to bring a civil action to enjoin the political subdivision from failing to enforce provisions of this act. Any person may bring a writ of mandamus for a violation of this act. The person may recover court expenses and fees if successful in their writ.
Any political subdivision with a higher per-capita homelessness rate than the state average according the U.S. Census and Department of Housing and Urban Development data shall receive no further state funding until the department awarding the funds determines the political subdivision has a lower homelessness rate than the state average or it enforces ordinances prohibiting unauthorized sleeping and camping.
This act shall not apply to shelters for domestic violence victims.
This act is identical to provisions in the truly agreed to and finally passed CCS/SS/SCS/HCS/HB 1606 (2022) and HCS/HB 2614 (2022) and substantially similar to SCS/SB 1106 (2023).
MARY GRACE PRINGLE