Bill Text: AZ SCR1011 | 2023 | Fifty-sixth Legislature 1st Regular | Introduced
Bill Title: Homelessness; facilities; housing
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-02-23 - Senate APPROP Committee action: Held, voting: (0-0-0-0) [SCR1011 Detail]
Download: Arizona-2023-SCR1011-Introduced.html
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REFERENCE TITLE: homelessness; facilities; housing |
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State of Arizona Senate Fifty-sixth Legislature First Regular Session 2023
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SCR 1011 |
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Introduced by Senator Kaiser
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A Concurrent Resolution
enacting and ordering the submission to the people of a measure relating to homelessness.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it resolved by the Senate of the State of Arizona, the House of Representatives concurring:
1. Under the power of the referendum, as vested in the Legislature, the following measure, relating to homelessness, is enacted to become valid as a law if approved by the voters and on proclamation of the Governor:
AN ACT
Amending section 41-3955, Arizona Revised Statutes; Amending title 41, chapter 37, article 2, Arizona Revised Statutes, by adding section 41-3956; relating to homelessness.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 41-3955, Arizona Revised Statutes, is amended to read:
41-3955. Housing trust fund; purpose; annual report
A. The housing trust fund is established, and the director shall administer the fund. The fund consists of monies from unclaimed property deposited in the fund pursuant to section 44-313, monies transferred pursuant to section 35-751 and investment earnings.
B. On notice from the department, the state treasurer shall invest and divest monies in the fund as provided by section 35-313, and monies earned from investment shall be credited to the fund.
C. Except as provided in subsection D of this section, fund monies shall be spent on approval of the department for developing projects and programs connected with providing housing opportunities for low and moderate income households and for housing affordability programs. Pursuant to section 44-313, subsection A, A portion of fund monies shall be used exclusively for housing in rural areas.
D. Fund monies may be spent as follows:
1. On constructing or renovating facilities and on housing assistance, including support services, for persons who have been determined to be seriously mentally ill and to be chronically resistant to treatment.
2. For the purposes of section 41-3956.
E. For the purposes of subsection C of this section, in approving the expenditure of monies, the director shall give priority to funding projects that provide for operating, constructing or renovating facilities for housing for low-income families and that provide housing and shelter to families that have children.
F. The director shall report annually to the legislature on the status of the housing trust fund. The report shall include a summary of facilities for which funding was provided during the preceding fiscal year and shall show the cost and geographic location of each facility and the number of individuals benefiting from the operation, construction or renovation of the facility. The report shall also include the number of individuals who benefit from housing assistance pursuant to subsection D of this section. The report shall be submitted to the president of the senate and the speaker of the house of representatives, and a copy provided to the secretary of state, not later than September 1 of each year.
G. Monies in the housing trust fund are exempt from the provisions of section 35-190 relating to lapsing of appropriations.
H. An amount not to exceed ten percent of the housing trust fund monies may be appropriated annually by the legislature to the department for administrative costs in providing services relating to the housing trust fund.
I. For any construction project financed by the department pursuant to this section, the department shall notify a city, town, county or tribal government that a project is planned for its jurisdiction and, before proceeding, shall seek comment from the governing body of the city, town, county or tribal government or an official authorized by the governing body of the city, town, county or tribal government. The department shall not interfere with or attempt to override the local jurisdiction's planning, zoning or land use regulations.
Sec. 2. Title 41, chapter 37, article 2, Arizona Revised Statutes, is amended by adding section 41-3956, to read:
41-3956. Homelessness; facilities; campgrounds; shelters; requirements; political subdivisions; civil actions; rules; violation; classification
A. The department shall Accept and Allocate monies that are appropriated by the legislature for services for INDIVIDUALS experiencing homelessness. Monies shall be used for all of the following:
1. Parking areas that have access to potable water, electric outlets and bathrooms that are sufficient to serve that parking area.
2. Camping facilities that are limited to INDIVIDUALS experiencing homelessness and each INDIVIDUAL'S personal property. INDIVIDUALS EXPERIENCING homelessness may camp and store personal property only at facilities in areas designated by the agency providing the camping FACility. Each camping facility shall offer mental health and substance abuse evaluations as DESIGNATED by a state or local agency.
3. INDIVIDUAL shelters that meet all of the following:
(a) Are suitable to house not more than three INDIVIDUALS.
(b) Provide basic sleeping accommodations and access to ELECTRICITY.
(c) Provide adequate access to showers and bathroom facilities.
(d) Allow INDIVIDUALs to occupy the shelter for not more than two years.
4. Shelters that house at least four INDIVIDUALS in a single space and that monitor and provide programs to improve the employment and income of and to prevent a return to homelessness for all INDIVIDUALS leaving the shelters.
5. SERVICES TO ASSIST INDIVIDUALS EXPERIENCING HOMELESSNESS WITH SUBSTANCE ABUSE TREATMENT, MENTAL HEALTH TREATMENT AND ANY OTHER SERVICES, INCLUDING SHORT-TERM HOUSING.
B. The DEPARTMENT shall prioritize spending for all of the purposes prescribed in subsection A of this section before spending monies on permanent housing for individuals experiencing homelessness.
C. The owner of a private campground described in subsection A of this section or an 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 intentional or grossly negligent conduct.
D. The department may use monies appropriated by the legislature to construct permanent housing for INDIVIDUALS experiencing homelessness. The department shall provide not more than twenty-five percent of the baseline allocation FOR ANY GRANT AS A BONUS PAYMENT FOR POLITICAL SUBDIVISIONS IN THIS STATE OR NONPROFIT ORGANIZATIONS THAT CAN MEET PREDETERMINED GOALS FOR REDUCING DAYS IN JAIL OR PRISON AND DAYS HOSPITALIZED FOR INDIVIDUALS EXPERIENCING HOMELESSNESS.
E. Any political SUBDIVISION that has a higher per capita rate of homelessness than the state average as determined by the most recent United States decennial census and that receives monies pursuant to this section may not receive any further funding under this section until the department determines the following:
1. The political SUBDIVISION has a per capita rate of INDIVIDUALS experiencing homelessness at or below the state average.
2. The political SUBDIVISION is in compliance with subsection G of this section.
F. A person may not use or allow to be used state or local government owned lands for any unauthorized sleeping, camping or long-term shelter. A person who violates this subsection shall receive a warning for the first offense, and no citation shall be issued. A second or subsequent violation of this section is a class 3 misdemeanor, 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.
G. A political SUBDIVISION may not:
1. adopt or enforce any policies that directly or indirectly prohibit or discourage the enforcement of any order or ordinance that prohibits public camping or sleeping or obstructing a PUBLIC right-of-way, including roads and sidewalks.
2. Directly or indirectly prohibit or discourage a peace officer or prosecuting attorney who is employed by or under the direction or control of the political SUBDIVISION from enforcing any order or ordinance THAT prohibits public camping or sleeping or obstructing a PUBLIC right-of-way, including roads and sidewalks.
H. This section 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.
I. The attorney general may bring a civil action in any court of competent jurisdiction against any political subdivision to enjoin the political subdivision from violating any provision of this section. The attorney general may recover reasonable expenses incurred in any civil action brought under this section, including court costs, attorney fees, investigative costs, witness fees and deposition costs.
J. The department shall adopt rules necessary to carry out this section.
Sec. 3. Severability
If a provision of this act or its applications to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
2. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article IV, part 1, section 1, Constitution of Arizona.
