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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
VETOED
public rights-of-way; unlawful acts
Purpose
Prohibits a person from erecting or maintaining any full or partial enclosure for habitation in a public street, highway, sidewalk or other right-of-way.
Background
A person commits loitering by: 1) soliciting another person to engage in any sexual offense in public; 2) soliciting or engaging in any business involving sale of merchandise or services in a transportation facility after a reasonable request to cease; 3) gambling in a public place unless authorized by law; 4) being present in or about a school, college or university after a reasonable request to leave, and if the person is without a legitimate reason, responsibility or written permission to be there; or 5) soliciting bail bond business inside a court building or immediately around or near the entrance of a county or city jail (A.R.S. § 13-2905).
Phoenix City Code prohibits any person from using a public street,
highway, alley, lane, parkway, sidewalk or other right-of-way for lying,
sleeping or otherwise remaining in a sitting position thereon, whether such
right-of-way has been dedicated to the public in fee or by easement, except in
the case of a physical emergency or the administration of medical assistance (P.C.C.
§ 23-48.01).
A class 1 misdemeanor carries a sentence of imprisonment not to exceed six months and a fine not to exceed $2,500, as determined by the court (A.R.S. §§ 13-707 and 13-802).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Prohibits a person from erecting or maintaining any full or partial enclosure for habitation, including a tent, tarp, box or similar object, in a public street, highway, alley, lane, parkway, sidewalk or other right-of-way, whether dedicated to the public in fee or by easement.
2. Classifies a violation as a civil traffic violation.
3. Specifies that this prohibition does not apply to commercial motor vehicles.
4. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Prohibits a person from erecting or maintaining a full or partial enclosure for habitation on a public right-of-way, rather than prohibiting a person from lying, sleeping or sitting on a public right-of-way.
2. Specifies that this prohibition does not apply to commercial motor vehicles.
3. Makes conforming changes.
Amendments Adopted by Committee of the Whole
1. Modifies the penalty for unlawful use of a public right-of-way from a class 1 misdemeanor to a civil traffic violation.
2. Makes technical and conforming changes.
Governor's Veto Message
The Governor indicates in her veto message that Arizona's housing and homelessness crisis needs to be addressed in a comprehensive manner.
Senate Action House Action
MAPS 2/8/23 DPA 4-3-0 MAPS 3/6/23 DP 8-7-0-0
3rd Read 2/21/23 16-13-1 3rd Read 3/22/23 33-27-0
Vetoed by the Governor 3/30/23
Prepared by Senate Research
April 6, 2023
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