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Minutes for HB2723 - Committee on Welfare Reform
Short Title
Making appropriations for the department for aging and disability services for FY 2025 and creating a program for cities to improve and develop infrastructure for homeless shelters.
Minutes Content for Thu, Mar 21, 2024
Chairman Awerkamp called the meeting to order at 1:34 p.m.
A motion was made by Representative Pickert and seconded by Representative Meyer to approve the Committee minutes for March 14, 2024. The motion passed.
The chair invited members to discuss HB2723.
David Wiese, Assistant Revisor, Office of the Revisor of Statutes, reviewed the bill. He explained that the bill directs the Secretary for the Kansas Department for Aging and Disability Services (KDADS), to develop and administer a $40-million grant program to enable local units of government to build congregate and non-congregate shelters for the homeless.
Representative Johnson moved to amend the bill by allowing KDADS to expend the grant moneys only if state or federal law or a U.S. Supreme Court ruling requires access to shelters to enforce local camping/vagrancy ordinances. The motion was seconded by Representative Humphries (Attachment 1.)
Members discussed the implications, applications, and possible ramifications of the amendment. Items:
- The amendment will require local governments to create homeless shelters if camping ordinances are enforced.
- If the U.S. Supreme Court validates the 9th Circuit ruling, cities and counties will need to provide homeless shelters in order to enforce camping/vagrancy ordinances. If the Supreme Court does not confirm the 9th Circuit ruling, the grant money will not be spent.
- The amendment is a safeguard.
- The U.S. Supreme Court ruling is expected on June 1, 2024.
The motion to amend passed, 7-6.
Representative Humphries moved to amend the bill by adding clarifying definitions, restrictive stipulations, and enforcement provisions. The motion to amend was seconded by Representative Droge (Attachment 2)
Members offered a variety of questions seeking clarification or comments raising application uncertainties. Items:
- Some of the provisions of the amendment do not identify a funding source; small towns could be negatively impacted if some of the amendment provisions were to be applied to them.
- "Primary purpose" (Section 2(a)(1) does not clearly designate applicable entities. (With the agreement of Representative Droge, Representative Humphries added the word "permanent" to the word "facility."
- A writ of mandamus is a court order of enforcement, a requirement to assure a public official is fulfilling his/her duties.
Representative Meyer moved a substitute motion to strike Section 3 and Attachment A. The substitute motion was seconded by Representative Carr.
Members offered further comments on the substitute motion:
- The previous amendment assures that money goes to those cities fulfilling their responsibilities. The substitute motion removes that assurance.
- Allowing each city to choose how to handle homeless issues creates chaos.
- The previous amendment undermines what cities are currently doing to serve the homeless.
- Section 3 is helpful for city officials to have clarity in carrying out their duties.
- The previous amendment eliminates local control.
The substitute motion failed 6-7.
Representative Humphries' motion to amend passed 7-6.
Representative Droge moved, seconded by Repreentative Hougland, to table HB2723. The motion to table passed.
The Chair adjourned the meeting at 3:10 p.m. No further meeting was scheduled.
