ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

First Regular Session

 

HB 2284: homelessness; housing; facilities

Sponsor: Representative Livingston, LD 28

Committee on Health & Human Services

Overview

Requires, beginning January 1, 2024, the Arizona Department of Housing (ADOH) to accept and allocate monies appropriated by the Legislature for services for individuals experiencing homelessness. Outlines spending priorities and contains a severability clause.

History

ADOH was established in 2002 to establish policies, procedures and programs to address affordable housing issues in Arizona, including for: 1) low-income families; 2) moderate income families; 3) housing affordability; 4) special needs populations; and 5) decaying housing stock. Additionally, ADOH is responsible for maintaining and enforcing standards of quality and safety for manufactured homes, mobile homes and factory-built buildings (A.R.S. § 41-3953).

Provisions

1.   ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteDirects ADOH to accept and allocate monies that are appropriated by the Legislature for services to individuals experiencing homelessness. (Sec. 1)

2.   Requires the monies to be used for all the following:

a)   parking areas that have access to potable water, electric outlets and bathrooms sufficient to serve that parking area;

b)   camping facilities that are limited to individuals experiencing homelessness and each individual's personal property;

c)   individual shelters that meet specified criteria; and

d)   shelters that house at least four individuals in a single space and that monitors and provides programs to prevent a return to homeless and improve employment and income. (Sec. 1)

3.   Allows individuals experiencing homelessness to camp and store personal property only at facilities in areas designated by the agency providing the camping facility. (Sec. 1)

4.   Requires camping facilities to offer mental health and substance abuse evaluations as designated by a state or local agency. (Sec. 1)

5.   Requires ADOH to prioritize spending for all directed purposes before spending monies on permanent housing for individuals experiencing homelessness. (Sec. 1)

6.   Asserts that owners of a private campground, employee or officer of the private campground is not liable in any civil action that arises out of the ownership, operation or management of the campground unless the claim involves intention or grossly negligent conduct. (Sec. 1)

7.   Permits ADOH to use monies appropriated by the Legislature to construct permanent housing for individuals experiencing homelessness and assist individuals experiencing homelessness with substance abuse and mental health treatment and any other services, including short-term housing. (Sec. 1)

8.   Directs ADOH to provide not more than 25% of the baseline allocation of any monies it receives for services to political subdivisions in Arizona or nonprofit organizations that provide services to individuals experiencing homelessness to reduce:

a)   days spent without housing;

b)   days in jail or in prison; and

c)   days hospitalized. (Sec. 1)

9.   Prohibits any political subdivision that has a higher per capita rate of homelessness than the state average as determined by the most recent U.S. Decennial Census from receiving further funding until ADOH determines:

a)   the political subdivision has a per capita rate of individuals experiencing homelessness at or below the state average; and

b)   the political subdivision is in compliance with statutory requirements. (Sec. 1)

10.  Prohibits individuals from using or allowing to be used state or local government owned lands for any unauthorized sleeping, camping or long-term shelter. (Sec. 1)

11.  Asserts that individuals who use or allow to be used state or local government owned lands for unauthorized sleeping, camping or long-term shelter is subject to:

a)   a warning for the first offense and no citation; or

b)   a class 3 misdemeanor for second or subsequent violations, except that services or shelter may be offered in lieu of a criminal citation if the individual does not continue to use the land for prohibited purposes. (Sec. 1)

12.  Outlines prohibited purposes for political subdivisions providing services to individuals experiencing homelessness. (Sec. 1)

13.  Specifies that this does not prohibit a political subdivision from offering diversion programs or services instead of issuing a citation or making an arrest if the individual does not continue to use the land for prohibited purposes. (Sec. 1)

14.  Allows the Attorney General to bring a civil action in any court of competent jurisdiction against any political subdivision to enjoin the political subdivision from violating any requirements. (Sec. 1)

15.  Permits the Attorney General to recover reasonable expenses incurred in any civil action brought including court, investigative and deposition costs and attorney and witness fees. (Sec. 1)

16.  Requires ADOH to adopt rules necessary to carry out its duties. (Sec. 1)

17.  Contains a severability clause. (Sec. 2)

18.  Contains an effective date of January 1, 2024. (Sec. 3)

 

 

 

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                        HB 2284

Initials AG       Page 0 Health & Human Services

 

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