ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature First Regular Session
	House: MAPS DPA 15-0-0-0 | 3^rd Read DP 31-28-0-1 Senate: JUD DPA/SE 4-3-0-0 | 3^rd Read DPA 16-14-0-0

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HB 2649: appropriation; correction officers; retention bonus

Sponsor: Representative Martinez, LD 16

Senate Engrossed

The House Engrossed version of HB 2649 revises the distribution schedule for the $10,000 onetime payment allocated to line-level deputies and detention officers in FY 2023.

The Senate adopted a strike-everything amendment that does the following:

Overview

Mandates that a city, town or county (municipality) that establishes, or does not disband within a reasonable time, a homeless encampment, must provide certain services for the homeless encampment.

History

In 2018, in the case of Martin v. Boise, the U.S. Court of Appeals for the Ninth Circuit held that the Cruel and Unusual Punishments Clause of the Eighth Amendment precluded the enforcement of anti-camping laws against homeless individuals who have no access to alternative shelter. Thus, laws prohibiting homeless encampments cannot be enforced against the homeless encampments, and their residents, so long as a municipality does not have enough homeless shelter beds available for its homeless population.

Provisions

1. Requires a municipality that establishes, or does not disband within a reasonable time, a homeless encampment, to provide:

a) At least two temporary or permanent toilets;

b) At least two temporary or permanent handwashing units;

c) Adequate potable water; and

d) Adequate trash receptacles and regular trash removal services. (Sec. 1, 2)

2. Stipulates in addition, for larger homeless encampments which have more than a specified number of residents, that the following must also be provided:

a) A greater number of toilets and handwashing units, calculated based on the number of residents;

b) At least two temporary or permanent showers; and

c) Twenty-four-hour on-site security. (Sec. 1, 2)

3. States that a municipality must receive, for a homeless encampment located on private property, the owner's consent before providing the required services. (Sec. 1, 2)

4. Directs municipalities to comply with all applicable health, safety and sanitation laws, ordinances and regulations within a homeless encampment. (Sec. 1, 2)

5. Specifies that these requirements do not apply to homeless encampments on federal land. (Sec. 1, 2)

6. Defines homeless encampment. (Sec. 1, 2)

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                        HB 2649

Initials NM       Page 0 Senate Engrossed

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