AB631: Bill Text

2025 - 2026 LEGISLATURE

LRB-5148/1

MDE&CMH:ajk&cjs

2025 ASSEMBLY BILL 631

November 7, 2025 - Introduced by Representatives Maxey, Melotik, Murphy and Mursau, cosponsored by Senator Tomczyk. Referred to Committee on Housing and Real Estate.

AB631,1,3 An Act to create 16.311 and 943.135 of the statutes; relating to: use of public lands to provide temporary residence for the homeless and providing a penalty.

Analysis by the Legislative Reference Bureau

This bill authorizes the Department of Administration and, under the circumstances described below, cities, villages, towns, and counties (political subdivisions) to designate public property, other than county fairgrounds and public parks, for use as a “structured camping facility” at which DOA may assign to a homeless individual or family a specific location for the purpose of allowing the individual or family to set up temporary residence at the facility. DOA may allow homeless individuals and families assigned to a structured camping facility to bring camping equipment and other personal items onto the facility. Additionally, DOA must provide for public safety at structured camping facilities and must ensure that potable water and adequate sanitary facilities are available at each facility. The bill also requires DOA to collect data related to the number of individuals who set up temporary residence at each structured camping facility.

Also, under the bill, if a resident of a political subdivision petitions the political subdivision to designate public property of the political subdivision as a structured camping facility, the political subdivision may make a designation and must provide DOA notice of the designation. If the political subdivision fails to make a designation within 12 months after the resident’s petition, DOA may designate public property of the political subdivision as a structured camping facility without the political subdivision’s approval, but only if the political subdivision had a homeless population above the per capita statewide average for political subdivisions in any of the immediately preceding two statewide counts of the homeless population in the state, as determined by DOA. Otherwise, the bill provides that DOA may designate public property of a political subdivision as a structured camping facility only with the approval of the political subdivision.

Under the bill, if DOA is unable to assign to a homeless individual or family a specific location at a structured camping facility because every structured camping facility in the applicable political subdivision is at capacity, DOA must place the homeless individual or family on a waiting list until a location at a structured camping facility within the political subdivision becomes available. Notwithstanding the general requirements for designating public property as a structured camping facility under the bill, if at any time 12 or more individuals are listed on a waiting list in a single political subdivision, DOA must immediately designate public property of the political subdivision as a structured camping facility for the purpose of assigning the individuals listed on the waiting list to the structured camping facility.

The bill also prohibits the setting up of a temporary residence on public property that is not designated for recreational camping or designated as a structured camping facility under the bill. An individual who violates the prohibition is subject to a warning notice for a first violation and then is guilty of a Class C misdemeanor for a second or subsequent violation. The penalty does not apply if the individual has been placed on a waiting list under the bill.

Finally, under the bill, DOA must condition a homeless individual’s or family’s temporary residence at a structured camping facility on the completion of mental health or substance use evaluations, and DOA may expel individuals who fail to comply with DOA instructions.

Because this bill creates a new crime or revises a penalty for an existing crime, the Joint Review Committee on Criminal Penalties may be requested to prepare a report.

For further information see the local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB631,1 Section 1. 16.311 of the statutes is created to read:

AB631,2,2 16.311 Structured camping facilities. (1) Definitions. In this section:

AB631,2,3 (a) “Political subdivision” means a city, village, town, or county.

AB631,3,2 (b) “Public property” means any real property, other than county fairgrounds and public parks, that is owned, leased, or occupied by a state agency or a political subdivision.

AB631,3,6 (c) “State agency” means an association, authority, board, department, commission, independent agency, institution, office, society, or other body in state government created or authorized to be created by the constitution or any law, except the legislature and the courts.

AB631,3,9 (d) “Structured camping facility” means public property that the department under sub. (2) (a) or a political subdivision under sub. (2) (c) 1. designates for use under this section.

AB631,3,12 (2) Designation of structured camping facilities. (a) Subject to pars. (b) and (d), the department may designate any public property for use as a structured camping facility.

AB631,3,15 (b) Except as provided in pars. (c) and (d), the department may not designate public property of a political subdivision for use as a structured camping facility without the approval of the political subdivision.

AB631,3,20 (c) 1. If a resident of a political subdivision petitions the political subdivision to designate public property of the political subdivision as a structured camping facility, the political subdivision may designate any public property of the political subdivision as a structured camping facility and shall provide the department with notice of the designation.

AB631,4,5 2. If a political subdivision fails to designate any public property of the political subdivision as a structured camping facility within 12 months after a petition is filed with the political subdivision under subd. 1., the department may designate any public property of the political subdivision as a structured camping facility in response to the petition without the approval of the political subdivision, but only if the political subdivision had a homeless population above the per capita statewide average for political subdivisions in any of the immediately preceding 2 statewide counts of the homeless population in the state, as determined by the department.

AB631,4,10 (d) Notwithstanding the requirements under par. (c), if at any time 12 or more individuals are listed on a waiting list under sub. (3) (c) in a single political subdivision, the department shall immediately designate public property of the political subdivision as a structured camping facility for the purpose of assigning the individuals listed on the waiting list to the structured camping facility.

AB631,4,16 (3) Use of structured camping facilities. (a) The department may assign to a homeless individual or family a specific location at a structured camping facility for the purpose of allowing the individual or family to set up temporary residence at the facility. The department may allow homeless individuals and families assigned to a structured camping facility to bring camping equipment and other personal items onto the facility.

AB631,4,20 (b) The department shall condition temporary residence at a structured camping facility under par. (a) on the completion of mental health or substance use evaluations, as prescribed by the department, and may expel individuals who fail to comply with department instructions.

AB631,5,2 (c) If the department is unable to assign to a homeless individual or family a specific location at a structured camping facility under par. (a) because all structured camping facilities in the applicable political subdivision are at capacity, the department shall place the homeless individual or family on a waiting list until a location at a structured camping facility within the political subdivision becomes available.

AB631,5,5 (d) The department shall provide for public safety at each structured camping facility and shall ensure that potable water and adequate sanitary facilities are available at each structured camping facility.

AB631,5,7 (4) Data collection. The department shall collect monthly data on the utilization of structured camping facilities, including all of the following:

AB631,5,9 (a) The total number of individuals residing at each structured camping facility.

AB631,5,11 (b) The number of new individuals who set up temporary residence at each structured camping facility.

AB631,5,13 (c) The number of individuals who ceased residence at each structured camping facility.

AB631,5,16 (d) The number of referrals for mental health or substance use services resulting from evaluations completed under sub. (3) (b) at each structured camping facility.

AB631,5,18 (e) The number of expulsions from each structured camping facility for failure to comply with department instructions under sub. (3) (b).

AB631,2 Section 2. 943.135 of the statutes is created to read:

AB631,5,21 943.135 Unauthorized camping on public property; trespass. (1) In this section, “public property” has the meaning given in s. 16.311 (1) (b).

AB631,6,4 (2) No person may set up a temporary habitation on public property that is not designated as a recreational camping area or designated as a structured camping facility under s. 16.311 unless the temporary habitation is consistent with the normal, customary, or temporarily designated usage of the public property. A person who violates this subsection is guilty of a Class C misdemeanor for a 2nd or subsequent violation and, for a first violation, shall be given notice of the penalty for a 2nd or subsequent violation but may not be subject to a penalty.

AB631,6,8 (3) A person who has set up a temporary habitation on public property that is designated as a structured camping facility under s. 16.311 violates sub. (2) if the person does not comply with instructions or conditions provided by the department of administration.

AB631,6,10 (4) Unless sub. (3) applies, sub. (2) may not be enforced if the person has been placed on a waiting list under s. 16.311 (3) (c).

AB631,6,11 (end)