Assigned to APPROP & COM FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
FACT SHEET FOR S.C.R. 1011
homelessness; facilities; housing
Purpose
Subject to voter approval, statutorily requires the Arizona Department of Housing (ADOH)
to accept and allocate Arizona Housing Trust Fund (Fund) monies that are appropriated by the
Legislature for services for individuals experiencing homelessness.
Background
ADOH is responsible for establishing policies, procedures and programs to address
affordable housing issues including housing issues of low-income families, moderate income
families, housing affordability, special needs populations and decaying housing stock. ADOH does
not itself directly own, construct, operate or rehabilitate any housing units but provides state
assistance to qualified housing participants and political subdivisions for the development of safe,
decent and affordable housing (A.R.S. § 41-3953).
The Fund is administered by ADOH and consists of: 1) an annual $2.5 million allocation
from unclaimed property sales; 2) the Arizona Industrial Development Authority single-family
mortgage program year-end balance; and 3) interest earnings generated by the Fund. The Fund
provides grants to develop projects and programs connected with providing housing opportunities
for low- and moderate-income households and for housing affordability programs. A portion of
the Fund monies must be used exclusively for housing in rural areas. Fund monies may be spent
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 (A.R.S. §§ 41-3955 and 44-313).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Allows Fund monies to be spent on services for individuals experiencing homelessness.
2. Requires ADOH to accept and allocate monies that are appropriated by the Legislature for
services for individuals experiencing homelessness.
3. Requires the monies to be used for the following:
a) parking areas that have access to potable water, electric outlets and bathrooms that are
sufficient to serve that parking area;
b) camping facilities that are limited to individual experiencing homelessness and each
individual's personal property; FACT SHEET
S.C.R. 1011
Page 2
c) individual shelters that meet all the following requirements:
i. are suitable to house no more than three individuals;
ii. provide basic sleeping accommodations and access to electricity; and
iii. allow individuals to occupy the shelter for no more than two years;
d) 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; and
e) services to assist individuals experiencing homelessness with substance abuse treatment,
mental health treatment and other services, including short term housing.
4. Specifies that individuals experiencing homelessness may camp and store personal property
only at facilities in areas designate by the agency providing the camping facility.
5. Requires each camping facility to offer mental health and substance abuse evaluations as
designated by a state or local agency.
6. Requires ADOH to prioritize spending for services for individuals experiencing homelessness
before spending monies on permanent housing for individuals experiencing homelessness.
7. Exempts the owner, or an employee or officer of a private campground from liability 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.
8. Allows ADOH to use legislatively appropriated monies to construct permanent housing for
individuals experiencing homelessness.
9. Prohibits ADOH from providing more than 25 percent of the baseline allocation for any grant
to construct permanent housing as a bonus payment for political subdivisions in Arizona or
nonprofit organizations that can meet predetermined goals for reducing, for people
experiencing homelessness:
a) days in jail or prison; and
b) days hospitalized.
10. Prohibits any political subdivision that has a higher per capita rate of homelessness than the
state average and that receives monies from ADOH for services for individuals experiencing
homelessness from receiving further funding until ADOH determines that:
a) the political subdivision has a per capita rate of individuals experiencing homelessness at
or below the state average; and
b) the political subdivision has not prohibited or discouraged, directly or indirectly, the
enforcement of an ordinance that prohibits public camping or sleeping or obstructing a
public-right-of-way.
11. Specifies that a political subdivision is not precluded 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. FACT SHEET
S.C.R. 1011
Page 3
12. Prohibits a person from using, or allowing to be used, state or local government owned lands
for unauthorized sleeping, camping or long-term shelter.
13. Prescribes the following penalties for a person who uses state or local government owned lands
for unauthorized sleeping, camping or long-term shelter:
a) for the first offense, a warning without a citation; and
b) for a second or subsequent offense, 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.
14. Precludes a political subdivision from:
a) adopting or enforcing a policy that directly or indirectly prohibits or discourages the
enforcement of an order or ordinance that prohibits public camping or sleeping or
obstructing a public right-of-way, including roads and sidewalks; and
b) directly or indirectly prohibiting or discouraging a peace office or prosecuting attorney
who is employed by or under the direction or control of the political subdivision from
enforcing an order or ordinance that prohibits public camping or sleeping or obstructing a
public right-of-way, including roads and sidewalks.
15. Allows the Attorney General to bring a civil action against any political subdivision to enjoin
the political subdivision from violating any outlined prohibition.
16. Allows the Attorney General to recover reasonable expenses incurred in any civil action,
including court costs, attorney fees, investigative costs, witness fees and deposition costs.
17. Requires ADOH to adopt rules related to the allocation of monies for services for individuals
experiencing homelessness.
18. Makes technical changes.
19. Contains a severability clause.
20. Requires the Secretary of State to submit the proposition to the voters at the next general
election.
21. Becomes effective if approved by the voters and on proclamation of the Governor.
Prepared by Senate Research
February 6, 2023
JT/FB/sr