SESSION OF 2024
SUPPLEMENTAL NOTE ON SENATE BILL NO. 542
As Amended by Senate Committee on Ways
and Means

Brief*
SB 542, as amended, would appropriate $20.0 million,
all from the State General Fund (SGF), over two years for
grants to build or improve homeless shelters. The bill would
require all cities and counties to adopt an ordinance or
resolution prohibiting unauthorized public camping, sleeping,
or obstruction of sidewalks, and would prohibit cities or
counties from dropping off homeless individuals outside such
city or county’s jurisdiction without consent of the receiving
entity.

Definitions
The bill would define:
● “Shelter” to mean any facility that has a primary
purpose of providing temporary or transitional
shelter for the general population or a specific
population of homeless individuals or families;
● “Wraparound services” to mean any program that
serves the underlying vocational, behavioral, or
physical health needs of the general population or
a specific population of homeless individuals or
families;
● “Drop off” to mean the act of transporting a
homeless individual to a location within the state of
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
Kansas different from the location where the party
transporting such individual assumed custody,
control, or care of or provided treatment to such
individual, including, but not limited to, directly
providing or funding the transportation of such
individual to such different location; and
● “Homeless individual” to mean a person who has
no access to or reasonably can be expected not to
have access to either traditional or permanent
housing that is considered safe, sanitary, decent,
and affordable.
Homeless Shelter Infrastructure Grants
The bill would establish the Homeless Shelter
Infrastructure Grant fund in the Kansas Department for Aging
and Disability Services (KDADS) and appropriate $15.0
million, all from the SGF, in FY 2025 and $5.0 million, all SGF,
for FY 2026 to the fund for the purpose of making grants to
local units of government to build or improve shelters for
homeless individuals. The bill would require approval of the
State Finance Council prior to KDADS awarding a grant.
The bill would require that at least 20.0 percent of the
total appropriation would be awarded to counties with a
population of less than 90,000. The bill would prohibit grants
from being awarded to build or improve a homeless shelter
located within the boundaries of Sedgwick County precinct
606. The bill would require that each grantee receive 75.0
percent of its determined award amount in FY 2025 and the
remaining 25.0 percent in FY 2026.
The bill would require that grantees:
● Propose a building or improvement plan for a
congregate or non-congregate shelter that provides
services for homeless individuals and families and
persons at risk of homelessness;

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● Provide wraparound services to homeless
individuals and families and persons at risk of
homelessness;
● Collect data required by the U.S. Department of
Housing and Urban Development;
● Prioritize wraparound services for individuals who
have been Kansas residents for eight consecutive
months;
● Enforce local ordinances regarding camping and
vagrancy, including complying with the
requirements of this bill;
● Limit shelter space and wraparound services to
persons with U.S. citizenship or lawful immigration
status; and
● Implement and enforce a policy that individuals
staying overnight at such shelter shall not be under
the influence of drugs or alcohol.
The bill would require that grantees provide a dollar-for-
dollar match to the state funding using local funding or private
moneys. The bill would also require a report by the grantee
before the commencement of the 2025 Legislative Session to
KDADS, the House Committee on Social Services Budget,
House Committee on Appropriations, Senate Committee on
Ways and Means, and any relevant subcommittee of the
Senate Committee on Ways and Means.
In the event a grantee has misused or failed to use
funds, failed to enforce local ordinances regarding camping
and vagrancy, or failed to provide the required wraparound
services, the bill would require the grantee to refund the
award amount to KDADS or allow KDADS to file a lien to be
attached on the real property of the grantee for the award
amount.

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City and County Requirements
Required Ordinance or Resolution
The bill would require all cities and counties to adopt an
ordinance or resolution prohibiting unauthorized camping,
sleeping, or obstructions of sidewalks without exceptions
other than authorization of a temporary permit.
The bill would prohibit cities or counties from refusing to
enforce such ordinance or resolution, including prohibiting a
city or county from adopting a written policy prohibiting law
enforcement officers from enforcing the ordinance or
resolution. This would not preclude the local governments
from adopting policies to encourage or offer services. The bill
would allow any person to bring a writ of mandamus for a
violation of these provisions on behalf of the person and the
state.
Drop-Off Prohibition
The bill would further prohibit cities and counties from
dropping off a homeless individual outside such city or
county’s jurisdiction within the state of Kansas, unless the
individual was previously a resident of such location prior to
receiving health care services or treatment, or a person or
entity has agreed to accept such individual at the drop-off
location. The bill would make any city or county violating
these provisions liable to any state agency, city, or county
within the state of Kansas for costs incurred as a result of
such violation.

Background
The bill was introduced by the Senate Committee on
Ways and Means at the request of Senator Claeys.


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Senate Committee on Ways and Means
In the Senate Committee hearing, proponent testimony
was provided by Representative Howell and representatives
of the City of Wichita; the Unified Government of Wyandotte
County and Kansas City, Kansas; the City of Liberal; and
KDADS. Proponents discussed local efforts to address
homelessness and how this bill would be instrumental in
supporting such efforts. Some proponents also encouraged
consideration of amendments to ensure funding distribution to
smaller communities and to permit local governments to
match using private moneys.
Written-only proponent testimony was provided by
representatives of Community Health Center of Southeast
Kansas, Johnson County, Kansas Mental Health Coalition,
Mental Health America of South Central Kansas and Mental
Health America of the Heartland, Sedgwick County Board of
County Commissioners, and Wichita Regional Chamber of
Commerce.
Neutral testimony was provided by representatives of
the Kansas Statewide Homeless Coalition, Kansas Balance
of State Continuum of Care, Cicero Action, and United
Community Services of Johnson County.
Written-only neutral testimony was provided by
representatives of Coalition to End Homelessness in
Wichita/Sedgwick County, Cross-Lines Community Outreach,
Inc., Kansas Action for Children, and Kansas Statewide
Homeless Coalition.
No other testimony was provided.
The Senate Committee amended the bill to:
● Change the appropriation from $40.0 million SGF
to $15.0 million SGF in FY 2025 and appropriate
$5.0 million SGF in FY 2026;

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● Prohibit a grant award for the purpose of building
or improving a homeless shelter in Sedgwick
County precinct 606;
● Change the requirements that local units of
government must satisfy to receive a grant;
● Allow grantees to utilize private moneys to meet
the matching requirement;
● Define the terms “shelter,” “wraparound services,”
“drop off,” and “homeless individual”;
● Require a report from the grantee to KDADS, the
House Committee on Social Services Budget, the
House Committee on Appropriations, the Senate
Committee on Ways and Means, and any
appropriate subcommittee of the Senate
Committee on Ways and Means;
● Require funds be returned to the state in certain
circumstances;
● Require all cities and counties to adopt an
ordinance or resolution to prohibit unauthorized
public camping, sleeping, or obstruction of
sidewalks without a temporary permit; and
● Prohibit a city or county from dropping off a
homeless individual outside such city or county’s
jurisdiction unless certain requirements are met,
and assigning liability for violating the prohibition.
Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, KDADS indicates
enactment of the bill would have a fiscal effect on the agency
of $40.0 million SGF. The FY 2025 Governor’s
recommendation for KDADS included a $40.0 million one-
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time appropriation for the homeless shelter infrastructure
awards. Any fiscal effect associated with the bill, as
introduced, is reflected in The FY 2025 Governor’s Budget
Report.
Kansas Department for Aging and Disability Services; homeless; homeless shelter;
infrastructure; grant; ordinance


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