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Minutes for HB2430 - Committee on Welfare Reform
Short Title
Providing for requirements for use of funds allocated to agencies for the purpose of supporting unhoused individuals.
Minutes Content for Thu, Mar 2, 2023
Chairman Awerkamp called the meeting to order at 1:35 p.m. and opened the hearing on HB2430.
Jessie Pringle, Office of the Revisor of Statutes, briefed the Committee on the bill. She explained that the bill proposes a new section of law that addresses use of political subdivision policies and funds to deal with homelessness and penalties for unauthorized camping, "The Safe Cities Act." (Attachment 1). She reported that the bill prohibits political subdivisions from adopting or enforcing policies which prohibit current ordinances that prohibit camping, sleeping, or obstructing public rights-of-way and gives the Attorney General authority to bring a suit against a political entity to enforce the Act. The bill will establish a crime to use state or local government-owned land for unauthorized sleeping, camping, or long-term shelters unless authorized by existing law; the crime will be subject to an initial fine and then a non-person class C misdemeanor. A member commented that, if the bill were to become law, it appears to be unenforceable.
Judge Glock appeared as a proponent for the bill (Attachment 2). He stated that the bill is a modest preventive measure that will reduce crime and will broaden treatment and other options for homeless individuals. He cited evidence from Texas, Los Angeles, and Denver to illustrate the beneficial results offered by the bill. Mr. Glock responded to members' questions:
- A similar law that went into effect in Missouri resulted in a drop in short-term housing.
- Other options are needed; this bill is a first step toward them.
- Many good services are available, but they are not always accessible.
- The bill is not intended to be punitive, but to encourage services that will reduce crime and drug overdose.
Cole Schnieders, United Way, Sedgwick County, testified as neutral (Attachment 3). He outlined the services provided by Impact ICT Continuum of Care that serves the homeless population in Sedgwick County and the positive effect it has had in helping the homeless. He expressed concern that the bill disregards the complexities of the homeless population, turns them into criminals, and will divert additional funding that could have a positive impact.
Amanda Stanley, City Attorney for Topeka, spoke as neutral (Attachment 4). She commented on a costly incident caused by a homeless camp and noted that the bill appears to ban state funding for the city. She said the homelessness issue needs to offer more options before placing limits on a city's ability to address the problem. Responding to a question, she said a 2019 Supreme Court decision prohibits making homelessness a crime unless alternatives are available.
Speaking as an opponent, Heather Bradley Geary, Vecino Group, related how she has worked with supportive housing in nine states and ending homelessness for 750 households annually (Attachment 5). She stated that the bill would only be putting up another obstacle for those who need to be housed and that solutions to house the 2449 individuals homeless every night can be better met without this bill. She noted that it costs less to provide per-night housing for the homeless than to allow them to continue to be homeless ($43 rather than $153).
Julie Brewer, United Community Services of Johnson County, testified as an opponent, saying that the bill does not address the homeless issues in Kansas and that criminalizing homelessness offers no solution (Attachment 6). She noted that the bill impinges on local control and the constitutional mandate of Home Rule authority.
Rob Santel, Crosslines Community Outreach, spoke against the bill (Attachment 7). He said the primary issue of homelessness is creating affordable housing and that last year Wyandotte County provided 150 households with permanent housing. The proposed legislation only creates barriers for the homeless.
Molly Mendenhall, Kansas Statewide Homeless Coalition, stated that the bill is not the answer to homelessness; available housing is the solution and Housing First is the best strategy. She commented that the bill disproportionately affects rural areas (Attachment 8).
Eric Arganbright, private citizen, recounted his story of becoming homeless as a child and how, had this bill been law, he and his mother would have become criminals. He said this bill theatens current housing programs (Attachment 9).
Rachel Russel, Crosslines Community Outreach, spoke in opposition to the bill (Attachment 10). She said that because a disproportionate number of African-Americans are homeless, the bill is a racist attack and reflects the structural racism in the country.
Via Web-ex Mathew Faulk, Bert Nash Community Mental Health Center, testified in opposition to the bill (Attachment 11). He stated that the bill fails to offer any intervention or solution; it only creates a barrier. Considering that half of homeless individuals are dealing with mental illness, he has seen how important alternate services such as housing and rehabilitation are in meeting homeless needs.
Rachel Erpelding, Kim Wilson Housing/Wyandotte Center, said that the bill serves no worthy purpose, criminalizes homelessness, and ignores other approaches such as supportive housing that are more effective (Attachment 12).
Ali Haynes, Pastor, Good Faith Network, speaking against the bill, praised Housing First as a program that will help the homeless without criminalizing them; this bill will be ineffective and will only increase the costs of homelessness (Attachment 13).
Rita Carr, United Community Services of Johnson County, stated that the bill penalizes the most vulnerable citizens, whereas affordable housing and rent assistance can provide a more effective solution to homelessness (Attachment 14).
Lisa Larson, Mayor, City of Lawrence, stated that the bill is misguided in its attempts to address homelessness and is counterproductive by misdirecting efforts that offer proven solutions; she identified six such solutions (e.g., state and federal funding for economic development) (Attachment 15).
Charles Carney, Carney Disability Representative Services, reported that for the past 20 years he and his wife have been welcoming homeless individuals into their home, an initiative that gives him a distinct perspective. He explained that science and the experts point toward housing as the first step toward addressing the issues surrounding homelessness (Attachment 16).
Rabbi Moti Rieber, Kansas Interfaith Action, testified that from a faith perspective the bill is morally and socially indefensible, whereas other approaches are more effective: expanding Medicare, supporting affordable childcare, and providing affordable housing (Attachment 17).
John Goodyear, Kansas League of Municipalities, spoke in opposition to the bill. He acknowledged that the bill addresses a problem many cities are facing, but stated that the bill ignores the priority of Home Rule and ignores local control over homelessness issues (Attachment 18).
Nehemiah Rosell, Peacework, opposed the bill by explaining that his work in Wyandotte County indicates that the primary solution to homelessness is housing; affordable housing offers stability for an individual (Attachment 19).
Via Web-ex Louise Lynch, Citizen, Kansas City, speaking as a person who has experienced homelessness, said the bill unfairly criminalizes homelessness and also holds state funding hostage (Attachment 20).
Philomena Sulzan, Citizen, stated that the bill stigmatizes homelessness without addressing the root causes and restricts funding. She referenced her personal story in dealing with a homeless couple, during which time she found that Kansas has limited programs providing for homelessness (Attachment 21).
Via Web-ex Dustin Hare, Wyandotte County Mutual Aid, cited individuals dealing with homelessness, especially one disabled person, all of whom will be negatively affected were this bill to pass (Attachment 22).
Via Web-ex Jaynell Assmann, Care Beyond the Boulevard. speaking in opposition to the bill, said that the bill will divert funds from those working in housing and healthcare to meet the needs of homeless individuals (Attachment 23).
Sister Therese Bangert, Sisters of Charity Leavenworth, testified that the bill will increase the burden of those living on the street, that arresting the homeless will solve nothing, and that legislation needs to focus on meeting the needs of those dealing with homelessness (Attachment 24).
Alexandria Buzicky, Citizen, related her experience in working with homeless people and commented that the bill will only create more barriers for the homeless without offering any solutions (Attachment 25).
Lacee Roe, Lawrence Community Shelter, referenced data regarding homelessness (e.g., Life expectancy for the chronic homeless is 50 years of age.) and that Housing First offers an evidence-based solution (Attachment 26).
Via Web-ex Misty Bosch-Hastings, Topeka Rescue Mission, spoke in opposition to the bill; she noted her work with the Topeka Rescue Mission and with the Kansas Department for Health and Environment indicates other initiatives offer better solutions than this bill (Attachment 27).
Rija Nazir, Citizen, Wichita, stated that the bill is self-contradictory and offers no benefit to anyone (Attachment 28).
The following individuals provided written-only testimony in opposition to the bill:
- Sister Vicki Perkins, Sisters of Charity Leavenworth
- Jennifer Crow, Health Forward Foundtion
- Erin Melton, Kansas Action for Children
- Hannah Jones, Crosslines Community Outreach
- Rachel Mayberry, Hunter Health
- Mariel Ferreiro, Sanctuary Alliance
- Sharon Miller, Justice Matters
- Jennifer Schmidt, Project 1020 Johnson County
- Doug Nolte, Union Rescue Mission, Wichita
- Javon Swopes, Citizen, Topeka
- Jessa Farmer, Kansas Coalition Against Domestic Violence
- Kaylee Coulter, Kansas City Coalition to End Homelessness
- Jessica Smith, Kansas City Public Schools
- Michelle Koss, City Attorney, Overland Park
- Venessa Matt, Crosslines Community Services
- David Hill, Citizen, Kansas City
- Aidan LyDay, Citizen
- Amber Holmes, Citizen
- Janessa Riehle, Citizen
- Amy Campbell, Kansas Mental Health Coalition
- Barbara McEver, Project 1020
- Emily Lohlink, HumanKind Ministries
- Grace Hart, Citizen, Johnson County
- Heather Eldridge, Homeless Advocate
- Lee Jost, NCircle
- Melissa Davison, Citizen, Wichita
- Chloe Chaffin, Citizen
- Sarah Pinsky, Douglas County
- Jay Hall, Kansas Association of Counties
- Vince Munoz, Citizen, Lawrence
- James Moran, Citizen, Wyandotte County
- Melissa Stiehler, Citizen, Topeka
The opposition testimonies above have been aggregated here (Attachment 29).
Members briefly discussed issues with conferees.
The Chair closed the hearing on HB2430.
The meeting was adjourned at 3:27 p.m. The next meeting is scheduled for Tuesday, March 7, 2023.
