Arizona 2023 Regular Session

Arizona House Bill HB2718 Compare Versions

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11 REFERENCE TITLE: rights; homelessness; housing; eviction; appropriation State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023 HB 2718 Introduced by Representatives Ortiz: Aguilar, Austin, Bravo, Contreras P, De Los Santos, Gutierrez, Hernandez M, Quionez, Sandoval, Seaman, Sun An Act amending title 1, Arizona Revised Statutes, by adding chapter 9; amending title 12, chapter 1, article 1, Arizona Revised Statutes, by adding section 12-119.06; amending title 13, chapter 2, Arizona Revised Statutes, by adding section 13-207; amending title 41, chapter 4, article 1, Arizona Revised Statutes, by adding section 41-710.02; repealing section 41-710.02, Arizona Revised Statutes; amending title 41, chapter 37, article 2, Arizona Revised Statutes, by adding section 41-3956; appropriating monies; relating to homelessness. (TEXT OF BILL BEGINS ON NEXT PAGE)
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1010 State of Arizona House of Representatives Fifty-sixth Legislature First Regular Session 2023
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4646 Representatives Ortiz: Aguilar, Austin, Bravo, Contreras P, De Los Santos, Gutierrez, Hernandez M, Quionez, Sandoval, Seaman, Sun
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6868 amending title 1, Arizona Revised Statutes, by adding chapter 9; amending title 12, chapter 1, article 1, Arizona Revised Statutes, by adding section 12-119.06; amending title 13, chapter 2, Arizona Revised Statutes, by adding section 13-207; amending title 41, chapter 4, article 1, Arizona Revised Statutes, by adding section 41-710.02; repealing section 41-710.02, Arizona Revised Statutes; amending title 41, chapter 37, article 2, Arizona Revised Statutes, by adding section 41-3956; appropriating monies; relating to homelessness.
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7878 Be it enacted by the Legislature of the State of Arizona: Section 1. Title 1, Arizona Revised Statutes, is amended by adding chapter 9, to read: CHAPTER 9 HOMELESSNESS RIGHTS ARTICLE 1. HOMELESS PERSONS' BILL OF RIGHTS START_STATUTE1-901. Homeless persons' bill of rights; attorney fees and costs A. A person's rights, privileges or access to public services may not be denied or abridged solely because the person is homeless. A homeless person has the same rights and privileges as any other resident of this state. A person experiencing homelessness: 1. Has the right to use and move freely in public spaces, including public sidewalks, public parks, public transportation and public buildings, in the same manner as any other person and without discrimination on the basis of the person's housing status. 2. Has the right to equal treatment by all state and municipal agencies without discrimination on the basis of housing status. 3. Has the right not to face discrimination while seeking or maintaining employment due to the person's lack of permanent mailing address or the person's mailing address being that of a shelter or social service provider. 4. Has the right to emergency medical care that is free from discrimination based on the person's housing status. 5. Has the right to vote, register to vote and receive documentation that is necessary to prove identity for voting without discrimination due to the person's housing status. 6. Has the right to both of the following: (a) protection from the person's records and information that is provided to homeless shelters and service providers from being disclosed to state, municipal and private entities without appropriate legal authority. (b) confidentiality of personal records and information in accordance with all limitations on disclosure that are established by the federal homeless management information systems, the federal health insurance portability and accountability act and the federal violence against women act. 7. Has the right to a reasonable expectation of privacy in the person's personal property to the same extent as personal property in a permanent residence. B. In any civil action that alleges a violation of this section, the court may award appropriate injunctive and declaratory relief, actual damages and reasonable attorney fees and costs to a prevailing plaintiff. END_STATUTE Sec. 2. Title 12, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 12-119.06, to read: START_STATUTE12-119.06. Eviction diversion and prevention program A. The administrative office of the courts shall establish a statewide eviction diversion and prevention program that Provides tenant education through community-based organizations in this state for tenant rights and that teaches tenants how to do ALL OF THE FOLLOWING: 1. Access social services and legal resources to enable housing STABILITY. 2. Obtain legal ASSISTANCE for housing issues. 3. Access information about rental ASSISTANCE. B. The ADMINISTRATIVE office of the courts, through community-based organizations, shall also provide legal aid to assist tenants with criminal record EXPUNGEMENT, unemployment, DISABILITY and social SECURITY benefits and landlord and tenant ASSISTANCE to enable housing STABILITY. END_STATUTE Sec. 3. Title 13, chapter 2, Arizona Revised Statutes, is amended by adding section 13-207, to read: START_STATUTE13-207. Criminal liability for sitting, sleeping or lying outside on public property while homeless Notwithstanding any other law, a person is not criminally liable and may not be charged with or convicted of an offense that prohibits the person from sitting, lying or sleeping in or on public property if, at the time of the act, both of the following apply: 1. The person is homeless. 2. There is no space available for the person to sleep in a homeless shelter. END_STATUTE Sec. 4. Title 41, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 41-710.02, to read: START_STATUTE41-710.02. Affordable housing pilot program; report A. The department shall DEVELOP a pilot program that does all of the following: 1. Provides affordable housing OPPORTUNITIES to INDIVIDUALS EXPERIENCING homelessness. 2. Provides funding for the LEASING of vacant commercial and hotel spaces, including state buildings, for a period of thirty-six to forty-eight months to INDIVIDUALS experiencing homelessness. 3. Provides property owners and property managers in this state with resources to offer affordable housing to INDIVIDUALS experiencing homelessness. 4. Provides comprehensive services and community outreach to INDIVIDUALS experiencing homelessness. 5. Establishes a statewide development program for INDIVIDUALS EXPERIENCING homelessness to secure stable housing and job placement. B. The department is exempt from the rulemaking REQUIREMENTS of title 41, chapter 6 and may waive rules as necessary to implement the pilot program. C. On or before December 31, 2027, the department shall submit a report to the governor, the president of the senate and the speaker of the house of representatives detailing the results of the pilot program and any revenues and costs associated with the program. The department shall provide a copy of the report to the secretary of state. END_STATUTE Sec. 5. Delayed repeal Section 41-710.02, Arizona Revised Statutes, as added by this act, is repealed from and after December 31, 2027. Sec. 6. Title 41, chapter 37, article 2, Arizona Revised Statutes, is amended by adding section 41-3956, to read: START_STATUTE41-3956. Grant program for sanctioned housing; multidisciplinary homeless outreach teams; mental health or substance abuse homeless shelters; community homeless courts; annual report; immunity; definitions A. The department may award grants to a municipality, a Tribe, a county, a consortium of municipalities and counties or a nonprofit organization in cooperation with A municipality or county to establish or operate sanctioned housing for unsheltered INDIVIDUALS experiencing homelessness. B. All sanctioned housing shall: 1. Include twenty-four-hour daily access to sanitary facilities, potable water, APPROPRIATE weather respite facilities, facilities for pets and twenty-four-hour on-site SECURITY, including law enforcement officers and fire response. 2. be integrated into the local coordinated entry system for homeless services. 3. set low barriers to entry for unsheltered INDIVIDUALS EXPERIENCING homelessness. 4. For sanctioned housing, allow unsheltered individuals experiencing homelessness to camp and store personal property in areas and amounts designated by the operator of the sanctioned housing. 5. establish rules for the safety of the residents and stored property. An individual who violates a rule may be removed from the sanctioned housing. 6. Include Heating, ventilation, air conditioning and electricity. c. On the effective date of this section, the department shall establish a competitive process for awarding grants prescribed in subsection a of this section. Grant applications must be submitted not later than december 31 of each year. The department shall consider the following information or factors when selecting grant recipients: 1. The amount of monies requested. 2. The duration of the proposed program, including an estimate of the time necessary to complete construction or prepare to make the program operational. 3. the number of sanctioned housing sites or other sites to be operated. 4. The applicant's plans to facilitate and support A CONTINUUM OF CARE SERVICE MODEL TO ASSIST UNSHELTERED INDIVIDUALS EXPERIENCING HOMELESSNESS. 5. The plan for operating sites consistent with the requirements of subsection B of this section. 6. A description of outreach methods to facilitate reducing the unsheltered population, including the use of multidisciplinary homeless outreach teams. D. A municipality may submit an application for sanctioned housing to be provided within special service areas used for homeless services and designated by the municipality. E. In addition to the grant application prescribed in subsection c of this section, a municipality shall provide: 1. The boundaries of the proposed special service area. 2. The relevant census number of unsheltered individuals Experiencing homelessness as provided in subsection F of this section. F. Notwithstanding subsection I, paragraph 1 Of this SECTION, GOAL attainment factors for a special service area grant shall be subtracted from a number determined by the municipality by identifying the area of a one-half mile circumference in the municipality in which the highest concentration of unsheltered individuals experiencing homelessness are located. This number shall be determined by a census count acquired by the municipality within thirty days after the effective date of this section. All other goal attainment factors provided in subsection G of this section apply. G. CONTINGENT ON FULL FUNDING OF the PROGRAM, a recipient under subsection D of this section SHALL ESTABLISH THE FOLLOWING REDUCTION GOALS: 1. TWENTY PERCENT OF THE NUMBER ESTABLISHED pursuant to subsection F OF THIS SECTION IN THE FIRST YEAR. 2. AN ADDITIONAL REDUCTION IN THE SECOND YEAR representing A CUMULATIVE REDUCTION OF SIXTY-FIVE PERCENT IN TWO YEARS. H. Contingent on the full funding of the program, a grant recipient for other than a special SERVICE AREA shall establish a reduction goal of fifteen percent for unsheltered homelessness in the first YEAR AND a reduction in the second year the program is funded and operated representing a cumulative reduction of forty percent in two years. I. IN DETERMINING THE REDUCTION OF UNSHELTERED HOMELESSNESS FOR GRANT PROGRAMS all of THE FOLLOWING APPLY: 1. Goal attainment FACTORS SHALL INITIALLY BE SUBTRACTED FROM THE NUMBER ESTABLISHED BY THE Unsheltered HOMELESS CENSUS CONDUCTED IN 2023 BY councils of GOVERNMENT continuum of care OR a POLITICAL SUBDIVISION of this state RESPONSIBLE FOR CONDUCTING THE 2023 unsheltered homeless CENSUS AND SUBseQUENTLY BY ANY additional REDUCTIONS. 2. Goal attainment FACTORS SHALL INCLUDE ALL HOUSING SERVICES PROVIDED BY THE GRANTEE OR ANY ORGANIZATION that is LOCATED OR OPERATING WITHIN THE GRANTEE'S JURISDICTION SINCE THE 2023 unsheltered homeless CENSUS. 3. THE yearly GOAL SHALL BE APPLIED to the year beginning sixty days FROM THE DATE THE director approves the grant. J. ON OR BEFORE MARCH 1 OF EACH YEAR IN WHICH A PROGRAM IS IN OPERATION AND FUNDED, THE GRANTEE SHALL SUBMIT A REPORT TO THE DIRECTOR INDICATING THE RESULTS OF ITS REDUCTION GOALS. K. THE DEPARTMENT shall disburse GRANT monies TO a municipality, a Tribe, a county, a consortium of municipalities and counties or a nonprofit organization in cooperation with A municipality or county TO establish or support MULTIDISCIPLINARY homeless outreach teams. A MULTIDISCIPLINARY homeless outreach team shall: 1. Be composed of: (a) Peer providers or mental health providers. (b) Social service providers. (c) contracted security officers. 2. Work to move individuals who are camping and sleeping in public or private places not fit for human habitation into homeless services, housing, shelters or sanctioned housing based on bed availability. L. The department may disburse grant monies to a municipality, a Tribe, a county, a consortium of municipalities and counties or a nonprofit organization in cooperation with A municipality or county to establish or support mental health or substance abuse homeless shelters. A mental health or substance abuse homeless shelter shall: 1. Provide shelter for individuals experiencing homelessness who suffer from mental health or addiction issues. 2. Retain the services of INDIVIDUALS who are qualified to make mental HEALTH or substance abuse ASSESSMENTS. M. The department may disburse grant monies to MUNICIPALITIES THAT have established Community homeless courts to provide funding for Case managers, public defenders, prosecutors and addiction and mental health services not provided under title 36, chapter 29, article 1 for unsheltered INDIVIDUALS experiencing HOMELESSNESS. A community homeless court shall: 1. Be operated by a municipality that has instructed law enforcement officers citing unsheltered INDIVIDUALS experiencing homelessness for offenses related to sitting, camping, loitering or sleeping on public property to first offer shelter to INDIVIDUALS experiencing homelessness if the municipality has available beds and to issue a citation to an individual only after the INDIVIDUAL refuses an offered and available bed. 2. For cited INDIVIDUALS, assign a court date and offer any available voluntary programs. Case managers shall monitor program compliance and assist cited INDIVIDUALS with finding any appropriate services, including long-term housing, medical treatment and EMPLOYMENT COUNSELING. 3. If a cited INDIVIDUAL is compliant for A period of time as prescribed by the court, DISMISS the INDIVIDUAL'S citation and outstanding fines. N. THE DEPARTMENT MAY DISBURSE GRANT MONIES TO First care responder teams consisting of paramedics and licensed health care PROFESSIONALS to locate, ADMINISTER aid to and provide medical services for INDIVIDUALS EXPERIENCING homelessness. fIRST CARE RESPONDER TEAMS SHALL: 1. Locate and Approach INDIVIDUALS EXPERIENCING homelessness and offer aid and other medical services to them. 2. At the request of an INDIVIDUAL EXPERIENCING HOMELESSNESS, transport the INDIVIDUAL experiencing homelessness to a homeless shelter or other aid center. 3. Act as the first point of contact for INDIVIDUALS EXPERIENCING homelessness BEFORE law ENFORCEMENT officers are contacted. O. For the purposes of this section: 1. "Low barrier" means a shelter that provides a bed or other services to individuals experiencing homelessness, that uses nonpunitive, trauma-informed practices and harm reduction approaches and that allows the guest to store personal property and pets on-site with the expectation that guests obey the law and behave in a manner that is respectful, non-threatening and not overly disruptive. 2. "sanctioned housing" means sanctioned transitional camping sites, noncongregate shelters, congregate emergency shelters or similar low-cost structures that can be assembled or obtained quickly. END_STATUTE Sec. 7. Legislative intent The legislature intends to sustain a funding grant program to ensure the health and safety of the community and safely move as many unsheltered individuals experiencing homelessness off the streets and into sanctioned housing or other sites that provide security and services. Sec. 8. Appropriations; Arizona department of housing; homeless services; exemption A. The sum of $50,000,000 is appropriated from the state general fund in fiscal year 2023-2024 to the Arizona department of housing for the affordable housing pilot program for cities, towns and counties in this state for homeless services programs designed to reduce homelessness. Eligible programs must allow homeless individuals to be compensated for daily work, offer a daily remuneration rate and help participants to access support services. Participating cities, towns and counties must provide a dollar-for-dollar local match for each grant dollar received. The Arizona department of housing shall prioritize awarding grants to cities, towns and counties that have an established program that meets the grant requirements. B. The sum of $150,000,000 is appropriated from the state general fund in fiscal year 2023-2024 to the Arizona department of housing for the purposes of section 41-3956, Arizona Revised Statutes, as added by this act. C. The appropriations made in subsections A and B of this section are exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations. Sec. 9. Appropriation; department of economic security; rental assistance; exemption A. The sum of $290,000,000 is appropriated from the state general fund in fiscal year 2023-2024 to the department of economic security to distribute for rental assistance. The department shall allocate at least $10,000,000 of the amount appropriated pursuant to this section to distribute for rental assistance to persons who are at least sixty-five years of age. B. The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations. Sec. 10. Appropriation; administrative office of the courts; eviction diversion and prevention program; exemption A. The sum of $6,000,000 is appropriated from the state general fund in fiscal year 2023-2024 to the administrative office of the courts for the eviction diversion and prevention program established pursuant to section 12-119.06, Arizona Revised Statutes, as added by this act. Monies shall be used as follows: 1. $1,000,000 shall be used for the purposes of section 12-119.06, subsection A, Arizona Revised Statutes, as added by this act. 2. $5,000,000 shall be used for the purposes of section 12-119.06, subsection B, Arizona Revised Statutes, as added by this act. B. The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations. Sec. 11. Emergency This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.
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8080 Be it enacted by the Legislature of the State of Arizona:
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8282 Section 1. Title 1, Arizona Revised Statutes, is amended by adding chapter 9, to read:
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8484 CHAPTER 9
8585
8686 HOMELESSNESS RIGHTS
8787
8888 ARTICLE 1. HOMELESS PERSONS' BILL OF RIGHTS
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9090 START_STATUTE1-901. Homeless persons' bill of rights; attorney fees and costs
9191
9292 A. A person's rights, privileges or access to public services may not be denied or abridged solely because the person is homeless. A homeless person has the same rights and privileges as any other resident of this state. A person experiencing homelessness:
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9494 1. Has the right to use and move freely in public spaces, including public sidewalks, public parks, public transportation and public buildings, in the same manner as any other person and without discrimination on the basis of the person's housing status.
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9696 2. Has the right to equal treatment by all state and municipal agencies without discrimination on the basis of housing status.
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9898 3. Has the right not to face discrimination while seeking or maintaining employment due to the person's lack of permanent mailing address or the person's mailing address being that of a shelter or social service provider.
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100100 4. Has the right to emergency medical care that is free from discrimination based on the person's housing status.
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102102 5. Has the right to vote, register to vote and receive documentation that is necessary to prove identity for voting without discrimination due to the person's housing status.
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104104 6. Has the right to both of the following:
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106106 (a) protection from the person's records and information that is provided to homeless shelters and service providers from being disclosed to state, municipal and private entities without appropriate legal authority.
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108108 (b) confidentiality of personal records and information in accordance with all limitations on disclosure that are established by the federal homeless management information systems, the federal health insurance portability and accountability act and the federal violence against women act.
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110110 7. Has the right to a reasonable expectation of privacy in the person's personal property to the same extent as personal property in a permanent residence.
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112112 B. In any civil action that alleges a violation of this section, the court may award appropriate injunctive and declaratory relief, actual damages and reasonable attorney fees and costs to a prevailing plaintiff. END_STATUTE
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114114 Sec. 2. Title 12, chapter 1, article 1, Arizona Revised Statutes, is amended by adding section 12-119.06, to read:
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116116 START_STATUTE12-119.06. Eviction diversion and prevention program
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118118 A. The administrative office of the courts shall establish a statewide eviction diversion and prevention program that Provides tenant education through community-based organizations in this state for tenant rights and that teaches tenants how to do ALL OF THE FOLLOWING:
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120120 1. Access social services and legal resources to enable housing STABILITY.
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122122 2. Obtain legal ASSISTANCE for housing issues.
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124124 3. Access information about rental ASSISTANCE.
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126126 B. The ADMINISTRATIVE office of the courts, through community-based organizations, shall also provide legal aid to assist tenants with criminal record EXPUNGEMENT, unemployment, DISABILITY and social SECURITY benefits and landlord and tenant ASSISTANCE to enable housing STABILITY. END_STATUTE
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128128 Sec. 3. Title 13, chapter 2, Arizona Revised Statutes, is amended by adding section 13-207, to read:
129129
130130 START_STATUTE13-207. Criminal liability for sitting, sleeping or lying outside on public property while homeless
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132132 Notwithstanding any other law, a person is not criminally liable and may not be charged with or convicted of an offense that prohibits the person from sitting, lying or sleeping in or on public property if, at the time of the act, both of the following apply:
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134134 1. The person is homeless.
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136136 2. There is no space available for the person to sleep in a homeless shelter. END_STATUTE
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138138 Sec. 4. Title 41, chapter 4, article 1, Arizona Revised Statutes, is amended by adding section 41-710.02, to read:
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140140 START_STATUTE41-710.02. Affordable housing pilot program; report
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142142 A. The department shall DEVELOP a pilot program that does all of the following:
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144144 1. Provides affordable housing OPPORTUNITIES to INDIVIDUALS EXPERIENCING homelessness.
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146146 2. Provides funding for the LEASING of vacant commercial and hotel spaces, including state buildings, for a period of thirty-six to forty-eight months to INDIVIDUALS experiencing homelessness.
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148148 3. Provides property owners and property managers in this state with resources to offer affordable housing to INDIVIDUALS experiencing homelessness.
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150150 4. Provides comprehensive services and community outreach to INDIVIDUALS experiencing homelessness.
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152152 5. Establishes a statewide development program for INDIVIDUALS EXPERIENCING homelessness to secure stable housing and job placement.
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154154 B. The department is exempt from the rulemaking REQUIREMENTS of title 41, chapter 6 and may waive rules as necessary to implement the pilot program.
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156156 C. On or before December 31, 2027, the department shall submit a report to the governor, the president of the senate and the speaker of the house of representatives detailing the results of the pilot program and any revenues and costs associated with the program. The department shall provide a copy of the report to the secretary of state. END_STATUTE
157157
158158 Sec. 5. Delayed repeal
159159
160160 Section 41-710.02, Arizona Revised Statutes, as added by this act, is repealed from and after December 31, 2027.
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162162 Sec. 6. Title 41, chapter 37, article 2, Arizona Revised Statutes, is amended by adding section 41-3956, to read:
163163
164164 START_STATUTE41-3956. Grant program for sanctioned housing; multidisciplinary homeless outreach teams; mental health or substance abuse homeless shelters; community homeless courts; annual report; immunity; definitions
165165
166166 A. The department may award grants to a municipality, a Tribe, a county, a consortium of municipalities and counties or a nonprofit organization in cooperation with A municipality or county to establish or operate sanctioned housing for unsheltered INDIVIDUALS experiencing homelessness.
167167
168168 B. All sanctioned housing shall:
169169
170170 1. Include twenty-four-hour daily access to sanitary facilities, potable water, APPROPRIATE weather respite facilities, facilities for pets and twenty-four-hour on-site SECURITY, including law enforcement officers and fire response.
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172172 2. be integrated into the local coordinated entry system for homeless services.
173173
174174 3. set low barriers to entry for unsheltered INDIVIDUALS EXPERIENCING homelessness.
175175
176176 4. For sanctioned housing, allow unsheltered individuals experiencing homelessness to camp and store personal property in areas and amounts designated by the operator of the sanctioned housing.
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178178 5. establish rules for the safety of the residents and stored property. An individual who violates a rule may be removed from the sanctioned housing.
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180180 6. Include Heating, ventilation, air conditioning and electricity.
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182182 c. On the effective date of this section, the department shall establish a competitive process for awarding grants prescribed in subsection a of this section. Grant applications must be submitted not later than december 31 of each year. The department shall consider the following information or factors when selecting grant recipients:
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184184 1. The amount of monies requested.
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186186 2. The duration of the proposed program, including an estimate of the time necessary to complete construction or prepare to make the program operational.
187187
188188 3. the number of sanctioned housing sites or other sites to be operated.
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190190 4. The applicant's plans to facilitate and support A CONTINUUM OF CARE SERVICE MODEL TO ASSIST UNSHELTERED INDIVIDUALS EXPERIENCING HOMELESSNESS.
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192192 5. The plan for operating sites consistent with the requirements of subsection B of this section.
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194194 6. A description of outreach methods to facilitate reducing the unsheltered population, including the use of multidisciplinary homeless outreach teams.
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196196 D. A municipality may submit an application for sanctioned housing to be provided within special service areas used for homeless services and designated by the municipality.
197197
198198 E. In addition to the grant application prescribed in subsection c of this section, a municipality shall provide:
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200200 1. The boundaries of the proposed special service area.
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202202 2. The relevant census number of unsheltered individuals Experiencing homelessness as provided in subsection F of this section.
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204204 F. Notwithstanding subsection I, paragraph 1 Of this SECTION, GOAL attainment factors for a special service area grant shall be subtracted from a number determined by the municipality by identifying the area of a one-half mile circumference in the municipality in which the highest concentration of unsheltered individuals experiencing homelessness are located. This number shall be determined by a census count acquired by the municipality within thirty days after the effective date of this section. All other goal attainment factors provided in subsection G of this section apply.
205205
206206 G. CONTINGENT ON FULL FUNDING OF the PROGRAM, a recipient under subsection D of this section SHALL ESTABLISH THE FOLLOWING REDUCTION GOALS:
207207
208208 1. TWENTY PERCENT OF THE NUMBER ESTABLISHED pursuant to subsection F OF THIS SECTION IN THE FIRST YEAR.
209209
210210 2. AN ADDITIONAL REDUCTION IN THE SECOND YEAR representing A CUMULATIVE REDUCTION OF SIXTY-FIVE PERCENT IN TWO YEARS.
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212212 H. Contingent on the full funding of the program, a grant recipient for other than a special SERVICE AREA shall establish a reduction goal of fifteen percent for unsheltered homelessness in the first YEAR AND a reduction in the second year the program is funded and operated representing a cumulative reduction of forty percent in two years.
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214214 I. IN DETERMINING THE REDUCTION OF UNSHELTERED HOMELESSNESS FOR GRANT PROGRAMS all of THE FOLLOWING APPLY:
215215
216216 1. Goal attainment FACTORS SHALL INITIALLY BE SUBTRACTED FROM THE NUMBER ESTABLISHED BY THE Unsheltered HOMELESS CENSUS CONDUCTED IN 2023 BY councils of GOVERNMENT continuum of care OR a POLITICAL SUBDIVISION of this state RESPONSIBLE FOR CONDUCTING THE 2023 unsheltered homeless CENSUS AND SUBseQUENTLY BY ANY additional REDUCTIONS.
217217
218218 2. Goal attainment FACTORS SHALL INCLUDE ALL HOUSING SERVICES PROVIDED BY THE GRANTEE OR ANY ORGANIZATION that is LOCATED OR OPERATING WITHIN THE GRANTEE'S JURISDICTION SINCE THE 2023 unsheltered homeless CENSUS.
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220220 3. THE yearly GOAL SHALL BE APPLIED to the year beginning sixty days FROM THE DATE THE director approves the grant.
221221
222222 J. ON OR BEFORE MARCH 1 OF EACH YEAR IN WHICH A PROGRAM IS IN OPERATION AND FUNDED, THE GRANTEE SHALL SUBMIT A REPORT TO THE DIRECTOR INDICATING THE RESULTS OF ITS REDUCTION GOALS.
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224224 K. THE DEPARTMENT shall disburse GRANT monies TO a municipality, a Tribe, a county, a consortium of municipalities and counties or a nonprofit organization in cooperation with A municipality or county TO establish or support MULTIDISCIPLINARY homeless outreach teams. A MULTIDISCIPLINARY homeless outreach team shall:
225225
226226 1. Be composed of:
227227
228228 (a) Peer providers or mental health providers.
229229
230230 (b) Social service providers.
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232232 (c) contracted security officers.
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234234 2. Work to move individuals who are camping and sleeping in public or private places not fit for human habitation into homeless services, housing, shelters or sanctioned housing based on bed availability.
235235
236236 L. The department may disburse grant monies to a municipality, a Tribe, a county, a consortium of municipalities and counties or a nonprofit organization in cooperation with A municipality or county to establish or support mental health or substance abuse homeless shelters. A mental health or substance abuse homeless shelter shall:
237237
238238 1. Provide shelter for individuals experiencing homelessness who suffer from mental health or addiction issues.
239239
240240 2. Retain the services of INDIVIDUALS who are qualified to make mental HEALTH or substance abuse ASSESSMENTS.
241241
242242 M. The department may disburse grant monies to MUNICIPALITIES THAT have established Community homeless courts to provide funding for Case managers, public defenders, prosecutors and addiction and mental health services not provided under title 36, chapter 29, article 1 for unsheltered INDIVIDUALS experiencing HOMELESSNESS. A community homeless court shall:
243243
244244 1. Be operated by a municipality that has instructed law enforcement officers citing unsheltered INDIVIDUALS experiencing homelessness for offenses related to sitting, camping, loitering or sleeping on public property to first offer shelter to INDIVIDUALS experiencing homelessness if the municipality has available beds and to issue a citation to an individual only after the INDIVIDUAL refuses an offered and available bed.
245245
246246 2. For cited INDIVIDUALS, assign a court date and offer any available voluntary programs. Case managers shall monitor program compliance and assist cited INDIVIDUALS with finding any appropriate services, including long-term housing, medical treatment and EMPLOYMENT COUNSELING.
247247
248248 3. If a cited INDIVIDUAL is compliant for A period of time as prescribed by the court, DISMISS the INDIVIDUAL'S citation and outstanding fines.
249249
250250 N. THE DEPARTMENT MAY DISBURSE GRANT MONIES TO First care responder teams consisting of paramedics and licensed health care PROFESSIONALS to locate, ADMINISTER aid to and provide medical services for INDIVIDUALS EXPERIENCING homelessness. fIRST CARE RESPONDER TEAMS SHALL:
251251
252252 1. Locate and Approach INDIVIDUALS EXPERIENCING homelessness and offer aid and other medical services to them.
253253
254254 2. At the request of an INDIVIDUAL EXPERIENCING HOMELESSNESS, transport the INDIVIDUAL experiencing homelessness to a homeless shelter or other aid center.
255255
256256 3. Act as the first point of contact for INDIVIDUALS EXPERIENCING homelessness BEFORE law ENFORCEMENT officers are contacted.
257257
258258 O. For the purposes of this section:
259259
260260 1. "Low barrier" means a shelter that provides a bed or other services to individuals experiencing homelessness, that uses nonpunitive, trauma-informed practices and harm reduction approaches and that allows the guest to store personal property and pets on-site with the expectation that guests obey the law and behave in a manner that is respectful, non-threatening and not overly disruptive.
261261
262262 2. "sanctioned housing" means sanctioned transitional camping sites, noncongregate shelters, congregate emergency shelters or similar low-cost structures that can be assembled or obtained quickly. END_STATUTE
263263
264264 Sec. 7. Legislative intent
265265
266266 The legislature intends to sustain a funding grant program to ensure the health and safety of the community and safely move as many unsheltered individuals experiencing homelessness off the streets and into sanctioned housing or other sites that provide security and services.
267267
268268 Sec. 8. Appropriations; Arizona department of housing; homeless services; exemption
269269
270270 A. The sum of $50,000,000 is appropriated from the state general fund in fiscal year 2023-2024 to the Arizona department of housing for the affordable housing pilot program for cities, towns and counties in this state for homeless services programs designed to reduce homelessness. Eligible programs must allow homeless individuals to be compensated for daily work, offer a daily remuneration rate and help participants to access support services. Participating cities, towns and counties must provide a dollar-for-dollar local match for each grant dollar received. The Arizona department of housing shall prioritize awarding grants to cities, towns and counties that have an established program that meets the grant requirements.
271271
272272 B. The sum of $150,000,000 is appropriated from the state general fund in fiscal year 2023-2024 to the Arizona department of housing for the purposes of section 41-3956, Arizona Revised Statutes, as added by this act.
273273
274274 C. The appropriations made in subsections A and B of this section are exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.
275275
276276 Sec. 9. Appropriation; department of economic security; rental assistance; exemption
277277
278278 A. The sum of $290,000,000 is appropriated from the state general fund in fiscal year 2023-2024 to the department of economic security to distribute for rental assistance. The department shall allocate at least $10,000,000 of the amount appropriated pursuant to this section to distribute for rental assistance to persons who are at least sixty-five years of age.
279279
280280 B. The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.
281281
282282 Sec. 10. Appropriation; administrative office of the courts; eviction diversion and prevention program; exemption
283283
284284 A. The sum of $6,000,000 is appropriated from the state general fund in fiscal year 2023-2024 to the administrative office of the courts for the eviction diversion and prevention program established pursuant to section 12-119.06, Arizona Revised Statutes, as added by this act. Monies shall be used as follows:
285285
286286 1. $1,000,000 shall be used for the purposes of section 12-119.06, subsection A, Arizona Revised Statutes, as added by this act.
287287
288288 2. $5,000,000 shall be used for the purposes of section 12-119.06, subsection B, Arizona Revised Statutes, as added by this act.
289289
290290 B. The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.
291291
292292 Sec. 11. Emergency
293293
294294 This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law.