HB2782 - 562R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Title 13, chapter 34, Arizona Revised Statutes, is amended by adding section 13-3411.01, to read:

START_STATUTE13-3411.01. Sale or transfer or use of dangerous drugs or narcotic drugs; drug-free homeless service zone; violation; classification; definition

A. It is unlawful for a person to do either of the following:

1. Intentionally be present in a drug-free homeless service zone to sell or transfer dangerous drugs or narcotic drugs.

2. as an operator or provider of facility-based services that primarily serves homeless INDIVIDUALS and that receives state, local and federal monies, allow, as a matter of formal or informal policy, the POSSESsion or use of dangerous drugs or narcotic drugs in a drug-free homeless service zone.

B. A person who violates subsection A, paragraph 1 of this section is guilty of the same class of felony that the person would otherwise be guilty of had the violation not occurred within a drug-free homeless service zone, except that the presumptive, minimum and maximum sentences shall be increased by one year. The additional sentence imposed under this subsection is in addition to any enhanced punishment that may be applicable under sections 13-703 or 13-704 or section 13-708, subsection D or any provision in this chapter. A person is not eligible for suspension of sentence, probation, pardon or release from confinement on any basis except pursuant to section 31-233, subsection A or B until the sentence imposed by the court has been served or commuted.

C. A person who violates subsection A, paragraph 2 of this section is guilty of a class 1 misdemeanor.

D. In addition to any other penalty prescribed by this title, the court shall order a person who is convicted of a violation of this section to pay a fine of not less than $2,000 or three times the value, as determined by the court, of the drugs involved in or giving rise to the charge, whichever is greater, and not more than the maximum authorized by chapter 8 of this title. A judge may not suspend any part or all of the imposition of any fine required by this subsection.

E. Each operator or provider of facility-based services that primarily serve homeless INDIVIDUALS shall place and maintain permanently affixed signs located in a visible manner at the main entrance of the facility that identifies the building and its accompanying grounds as a drug-free homeless service zone.

F. For the purposes of this section, "drug-free homeless SERVICe zone" means the area within three hundred feet of a facility or its accompanying grounds in which services, shelter or permanent supportive housing are PROVIDED to INDIVIDUALS who are experiencing homelessness.END_STATUTE

Sec. 2. Section 41-1713, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1713. Powers and duties of director; authentication of records

A. The director of the department shall:

1. Be the administrative head of the department.

2. Subject to the merit system rules, appoint, suspend, demote, promote or dismiss all other classified employees of the department on the recommendation of their respective division superintendent. The director shall determine and furnish the law enforcement merit system council established by section 41-1830.11 with a table of organization. The superintendent of each division shall serve at the concurrent pleasure of the director and the governor.

3. Except as provided in sections 12-119, 41-1304 and 41-1304.05, employ officers and other personnel as the director deems necessary for the protection and security of the state buildings and grounds in the governmental mall described in section 41-1362, state office buildings in Tucson and persons who are on any of those properties. Department officers may make arrests and issue citations for crimes or traffic offenses and for any violation of a rule adopted under section 41-796. For the purposes of this paragraph, security does not mean security services related to building operation and maintenance functions provided by the department of administration.

4. Make rules necessary for the operation of the department.

5. Annually submit a report of the work of the department, including a summary of the data collected pursuant to section 41-2204, paragraph 7 to the governor and the legislature, or more often if requested by the governor or the legislature.

6. Appoint a deputy director with the approval of the governor.

7. Adopt an official seal that contains the words "department of public safety" encircling the seal of this state as part of its design.

8. Investigate, on receipt, credible evidence that a licensee or registrant has been arrested for, charged with or convicted of an offense that would preclude the person from holding a license or registration certificate issued pursuant to title 32, chapter 26.

9. Cooperate with the Arizona-Mexico commission in the governor's office and with researchers at universities in this state to collect data and conduct projects in the United States and Mexico on issues that are within the scope of the department's duties and that relate to quality of life, trade and economic development in this state in a manner that will help the Arizona-Mexico commission to assess and enhance the economic competitiveness of this state and of the Arizona-Mexico region.

10. Adopt and administer the breath, blood or other bodily substances test rules pursuant to title 28, chapter 4.

11. Develop procedures to exchange information with the department of transportation for any purpose related to sections 28-1324, 28-1325, 28-1326, 28-1462 and 28-3318.

12. Collaborate with the state forester in presentations to legislative committees on issues associated with wildfire prevention, suppression and emergency management as provided by section 37-1302, subsection B.

B. The director may:

1. Issue commissions to officers of the department.

2. Request the cooperation of the utilities, communication media and public and private agencies and any sheriff or other peace officer in any county or municipality, within the limits of their respective jurisdictions when necessary, to aid and assist in the performance of any duty imposed by this chapter.

3. Cooperate with any public or private agency or person to receive or give necessary assistance and may contract for such assistance subject to legislative appropriation controls.

4. Utilize use the advice of the board and cooperate with sheriffs, local police and peace officers within the state for the prevention and discovery of crimes, the apprehension of criminals and the promotion of public safety.

5. Acquire in the name of the this state, either in fee or lesser estate or interest, all real or any personal property that the director considers necessary for the department's use, by purchase, donation, dedication, exchange or other lawful means. All acquisitions of personal property pursuant to this paragraph shall be made as prescribed in chapter 23 of this title unless otherwise provided by law.

6. Dispose of any property, real or personal, or any right, title or interest in the property, when the director determines that the property is no longer needed or necessary for the department's use. Disposition of personal property shall be as prescribed in chapter 23 of this title. The real property shall be sold by public auction or competitive bidding after notice published in a daily newspaper of general circulation, not less than three times, two weeks before the sale and subject to the approval of the director of the department of administration. When real property is sold, it shall not be sold for less than the appraised value as established by a competent real estate appraiser. Any monies derived from the disposal of real or personal property shall be deposited, pursuant to sections 35-146 and 35-147, in the Arizona highway patrol fund as authorized by section 41-1752, subsection B, paragraph 6.

7. Sell, lend or lease personal property directly to any state, county or local law enforcement agency. Personal property may be sold or leased at a predetermined price without competitive bidding. Any state, county or local law enforcement agency receiving personal property may not resell or lease the property to any person or organization except for educational purposes.

8. Dispose of surplus property by transferring the property to the department of administration for disposition to another state budget unit or political subdivision if the state budget unit or political subdivision is not a law enforcement agency.

9. Lease or rent personal property directly to any state law enforcement officer for the purpose of traffic safety, traffic control or other law enforcement related activity.

10. Sell for one dollar $1, without public bidding, the department issued handgun or shotgun to a department officer on duty related retirement pursuant to title 38, chapter 5, article 4. Any monies derived from the sale of the handgun or shotgun to the retiring department officer shall be deposited, pursuant to sections 35-146 and 35-147, in the Arizona highway patrol fund as authorized by section 41-1752, subsection B, paragraph 6.

11. Conduct state criminal history records checks for the purpose of updating and verifying the status of current licensees or registrants who have a license or certificate issued pursuant to title 32, chapter 26. The director shall investigate, on receipt, credible evidence that a licensee or registrant has been arrested for, charged with or convicted of an offense that would preclude the person from holding a registration certificate issued pursuant to title 32, chapter 26.

12. Grant a maximum of two thousand eighty hours of industrial injury leave to any sworn department employee who is injured in the course of the employee's duty, any civilian department employee who is injured in the course of performing or assisting in law enforcement or hazardous duties or any civilian department employee who was injured as a sworn department employee rehired after August 9, 2001 and would have been eligible pursuant to this paragraph and whose work-related injury prevents the employee from performing the normal duties of that employee's classification. This industrial injury leave is in addition to any vacation or sick leave earned or granted to the employee and does not affect the employee's eligibility for any other benefits, including workers' compensation. The employee is not eligible for payment pursuant to section 38-615 of industrial injury leave that is granted pursuant to this paragraph. Subject to approval by the law enforcement merit system council, the director shall adopt rules and procedures regarding industrial injury leave hours granted pursuant to this paragraph.

13. Sell at current replacement cost, without public bidding, the department issued badge of authority to an officer of the department on the officer's promotion or separation from the department. Any monies derived from the sale of the badge to an officer shall be deposited, pursuant to sections 35-146 and 35-147, in the department of public safety administration fund to offset replacement costs.

C. The director and any employees of the department that the director designates in writing may use the seal adopted pursuant to subsection A, paragraph 7 of this section to fully authenticate any department records and copies of these records. These authenticated records or authenticated copies of records shall be judicially noticed and shall be received in evidence by the courts of this state without any further proof of their authenticity. END_STATUTE

Sec. 3. Section 41-2204, Arizona Revised Statutes, is amended to read:

START_STATUTE41-2204. System manager; powers and duties

The director of the department of public safety is the system manager. The manager shall:

1. Execute the policies and supervise the operations of the system.

2. Coordinate and standardize the design, development and implementation of the system and subsystem.

3. Provide for system and subsystem planning.

4. Enforce the rules relating to the security, privacy, confidentiality and dissemination of criminal history record information.

5. Provide criminal justice agencies with criminal history record information for operational and management purposes pursuant to rules adopted by the department governing the dissemination of such information.

6. Receive petitions for review of criminal history record information from persons who are the subject of the information, conduct hearings to determine the accuracy of that information and amend the criminal history record if the information is found to be inaccurate.

7. direct criminal justice agencies in this state to collect and provide information INDICating crimes committed by INDIVIDUALS who are identified as homeless and crimes committed against INDIVIDUALS who are identified as homeless. END_STATUTE

Sec. 4. Title 41, chapter 37, article 2, Arizona Revised Statutes, is amended by adding sections 41-3956 and 41-3958, to read:

START_STATUTE41-3956. Homeless shelter and services fund; purpose; exemption; homelessness; facilities; campgrounds; political subdivisions; civic actions

A. The homeless shelter and services fund is established. The department shall administer the fund. The fund consists of legislative appropriations. Monies in the fund are continuously appropriated and are exempt from the provisions of section 35-190 relating to lapsing of appropriations. Monies in the fund may be spent on any of the following for INDIVIDUALS EXPERIENCING HOMELESSNESS:

1. Substance abuse treatment.

2. Mental health treatment.

3. Homeless outreach teams.

4. Short-term shelter.

5. Transitional housing.

6. secure behavioral health residential facilities.

7. Grants for any other services FOR INDIVIDUALS EXPERIENCING HOMELESSNESS. Grants shall be performance based and shall track key metrics, including the number of INDIVIDUALS experiencing homelessness who do any of the following:

(a) Enter stable housing.

(b) enter the workforce.

(d) avoid being arrested.

(e) avoid being hospitalized.

B. On or before December 1, 2024 and each year thereafter for three years, each grant recipient pursuant to this section shall submit a report to the department that includes a summary of all of the key metrics tracked pursuant to subsection A, paragraph 7 of this section for each homeless individual on which grant monies were spent.

C. The department shall PRESCRIBE a simplified form and procedure to apply for and approve grants and establish requirements and criteria by which grants will be awarded.

D. Monies in the fund may also be spent on any 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.

(d) allow individuals to occupy the shelter for NOT MORE than two years.

4. Temporary 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 prevent a return TO HOMELESSNESS for all individuals leaving the shelters.

E. The department shall prioritize spending for all of the purposes prescribed in subsection D of this section.

F. The owner of a private campground described in subsection D 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.

G. The department may use monies appropriated by the legislature to construct temporary 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.

H. Any political subdivision of this state 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 of this state has a per capita rate of individuals experiencing homelessness at or below the state average.

2. The political subdivision of this state is in compliance with subsection J of this section.

I. 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 any offense, and a citation may not be issued, except that services or shelter may be offered instead of a criminal citation if the individual does not continue to use the land for prohibited purposes.

J. A political subdivision of this state may not:

1. ADOPT or enforce any policies that directly or indirectly prohibit or discourage enforcing any order or ordinance that prohibits public camping, 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 of this state from enforcing any order or ordinance that prohibits public camping, sleeping or obstructing a public right-of-way, including roads and sidewalks.

K. This section does not prohibit a political subdivision of this state 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.

L. A county attorney may bring a civil action in any court of competent jurisdiction against any political subdivision of this state to enjoin the political subdivision of this state from violating this section. The county attorney 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. END_STATUTE

START_STATUTE41-3958. Homeless service providers; mixed hoteling; signs; definition

A. If a homeless service provider engages in mixed hoteling, the homeless service provider, building supervisor and building owner shall post signs over each entrance and exit to the building and in a place clearly visible from the reception desk that states:

THIS BUSINESS IS BEING USED TO HOUSE HOMELESS INDIVIDUALS ALONGSIDE THE GENERAL PUBLIC. IT IS RECOMMENDED that ALL GUESTS KEEP HOTEL DOORS LOCKED, SAFELY STORE THEIR BELONGINGS AND REPORT ANY HEALTH OR SAFETY CONCERNS TO LOCAL law enforcement.

b. All signs required by subsection a OF THIS section must be IN RED TWENTY-FIVE POINT HIGHWAY GOTHIC BOLDED FONT, ON A WHITE BACKGROUND AND ON A SIGN THAT IS AT LEAST EIGHTEEN INCHES IN WIDTH AND TWENTY-FOUR INCHES IN HEIGHT. The text of the sign shall also be prominently posted on any website that accepts or facilitates general public bookings for the hotel and all guests, before checking into the hotel, must be provided with a printed form clearly stating that the hotel is engaging in mixed hoteling. before CHECKING INTO THE HOTEL, any guest who objects to mixed hoteling shall be issued a full refund.

c. State or local monies may not be used for mixed hoteling.

d. For the purposes of this section, "mixed hoteling" means providing rooms or shelter services, whether emergency, temporary or transitional rooms or shelter, to homeless INDIVIDUALS while concurrently providing hotel services to the general public in the same building or on the same premises. END_STATUTE

Sec. 5. Performance audit; report

A. The auditor general shall conduct a special audit, as defined in section 41-1278, Arizona Revised Statutes, of the amount of monies spent on programs and services for individuals experiencing homelessness in this state, including all of the following:

1. Expenditures by this state.

2. Expenditures by municipalities and counties or any political subdivision thereof, with homeless populations higher than the per capita average of this state.

3. Expenditures of federal monies allocated to this state for homeless programs.

4. Expenditures by state and local law enforcement agencies to address homelessness, including transportation to emergency shelters, responding to crisis calls, providing overnight shelter in jail and enforcing camping bans.

B. All state and local governmental entities of this state shall cooperate with the special audit and grant access, at no cost, to all financial records and any other information necessary to complete the special audit.

C. The special audit shall examine all of the following:

1. The awarding of any contracts and grants relating to homeless services and support.

2. Any metrics used to examine the success of any expenditures.

3. The efficiency of the use of data management systems in relation to such programs.

4. The expenditure for each individual experiencing homelessness for each service provided.

D. On or before December 31, 2025, the auditor general shall submit copies of the special audit report to the governor, the president of the senate, the speaker of the house of representatives and provide a copy of this report to the secretary of state.

Sec. 6. Transfer of monies

A. Notwithstanding Laws 2023, chapter 133, section 49, $75,000,000 remaining unexpended on the effective date of this act from the $150,000,000 appropriation in the housing trust fund deposit line item is transferred to the homeless shelter and services fund established by section 41-3956, Arizona Revised Statutes, as added by this act.

B. Of the remaining unexpended monies:

1. $50,000,000 shall be transferred to the Arizona health care cost containment system to establish five additional secure behavioral health residential facilities for individuals experiencing homelessness. Monies may also be used for provider support for the new facilities established pursuant to this paragraph.

2. $5,000,000 shall be transferred to the auditor general for all necessary costs to conduct the special audit of the amount of monies spent on programs and services for individuals experiencing homelessness in this state pursuant to this act.

3. $10,000,000 shall be transferred to the substance abuse services fund established by section 36-2005, Arizona Revised Statutes, for medicated assisted treatment for individuals experiencing homelessness in this state.