AMENDED

ARIZONA STATE SENATE

Zack Dean

LEGISLATIVE RESEARCH ANALYST

JUDICIARY COMMITTEE

Telephone: (602) 926-3171

RESEARCH STAFF

TO:                  MEMBERS OF THE SENATE

JUDICIARY COMMITTEE

DATE:            May 3, 2023

SUBJECT:      Strike everything amendment to H.B. 2649, relating to street encampments; safety; health requirements

Purpose

            An emergency measure that requires municipalities and counties that establish a homeless encampment, allow for the establishment of a homeless encampment, or fail to disband a homeless encampment, to provide specified sanitation and security services at the encampment.

Background

            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).

            There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions

1) Requires a municipality or a county that establishes, allows the establishment of, or fails to disband a homeless encampment, either on private property in violation of municipal regulations or on public property, to provide all of the following at the encampment:

a) at least two temporary or permanent toilets, with two additional toilets for every 100 residents at the encampment;

b) two temporary or permanent shower units, if the encampment has a population of at least 50 residents;

c) at least two temporary or permanent handwashing units, with two additional handwashing units for every 100 residents at the encampment;

d) adequate potable water;

e) adequate trash receptacles and regular trash removal services; and

f) 24-hour on-site security, if the encampment has more than 200 residents.

2) Requires a municipality or a county to ensure compliance with and enforce all appliable health, safety and sanitation laws, ordinances and regulations within a homeless encampment.

3) Defines homeless encampment as an area containing 10 or more tents, tarps or other similar temporary structures that are each within 50 feet of another tent, tarp or other similar temporary structure and that are used for the purpose of establishing an indefinite place of domicile or residence.

4) Becomes effective on signature of the Governor, if the emergency clause is enacted.

Amendments Adopted by Committee

1. Redefines homeless encampment to mean 10 or more tents, tarps or other similar temporary structures that are each within 50 feet of another tent, tarp or other similar structure.

2. Adds that a municipality or county is required to provide prescribed sanitation and security services if the municipality or county fails to disband a homeless encampment.

3. Stipulates that homeless encampment security services are only required to be provided if the encampment has more than 200 residents.

4. Makes technical changes.

Senate Action

JUD                 3/3/23        DPA/SE      4-3-0