Assigned to GOV                                                                                                                              AS VETOED

 


 

 

 


ARIZONA STATE SENATE

Fifty-Seventh Legislature, First Regular Session

 

VETOED

FACT SHEET FOR H.B. 2798

 

narcotic injection sites; zoning; prohibition

Purpose

Prohibits a municipality or county from adopting an ordinance, regulation or overlay zoning district that would allow for the development of a narcotics injection site.

Background

Statute authorizes municipalities and counties to adopt zoning ordinances and codes to conserve and promote the public health, safety, convenience and general welfare. A municipality and county may: 1) regulate the use of buildings, structures and land between agriculture, residence, industry and business; 2) regulate buildings and structures, the size and use of lots, yards, courts and other open spaces and the percentage of a lot that may be occupied by a building or structure; 3) establish and maintain building setback lines; and 4) establish age-specific community zoning districts (A.R.S. §§ 9-462.01 and 11-811).

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

Provisions

1.   Prohibits a municipality or county from adopting an ordinance, regulation or overlay zoning district that would allow for the development of a narcotics injection site.

2.   Specifies that a narcotic injection site:

a)   means a health care institution or any other establishment that has oversight provided by one or more health care providers and that provides space for any person to inject, ingest, inhale or otherwise introduce into the person's body an unprescribed controlled substance; and

b)   does not include a site that is established solely for the purpose of dispensing medication that is used in medically assisted drug therapy treatment programs.

3.   Defines terms.

4.   Make technical and conforming changes.

5.   Becomes effective on the general effective date.

Governor's Veto Message

The Governor indicates in her veto message that narcotic injection sites are nonexistent in Arizona and that she encourages the Legislature to seek common sense solutions to help Arizonans struggling with substance abuse disorder.

House Action                                                           Senate Action

GOV               2/19/25      DP             4-3-0-0         GOV               3/19/25      DP          4-3-0

3rd Read           3/4/25                          31-26-3         3rd Read          5/6/25                       17-11-2

Vetoed by the Governor 5/13/25

Prepared by Senate Research

May 15, 2025

AN/ci