02-05 14:23 1st Sub. (Buff) H.B. 362
Grant Amjad Miller proposes the following substitute bill:
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Homeless Rights Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Grant Amjad Miller
Senate Sponsor:
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LONG TITLE
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General Description:
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This bill describes the rights of homeless individuals.
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Highlighted Provisions:
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This bill:
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▸ describes a homeless individual's rights, including the right to:
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● receive equal treatment by the state and a political subdivision of the state in the same
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manner as any other individual;
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● register to vote and to vote in elections; and
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● the protection of personal information;
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▸ provides that a homeless individual has a right of action against a person who violates the
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homeless individual's rights; and
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▸ provides a statute of limitations for a homeless individual to bring a right of action against
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a person who violates the homeless individual's rights.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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ENACTS:
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35A-16-801, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 35A-16-801 is enacted to read:
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Part 8. Right of Homeless Individuals
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35A-16-801 . Rights of homeless individuals -- Right of action -- Statute of
1st Sub. H.B. 362 1st Sub. (Buff) H.B. 362 02-05 14:23
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limitations.
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(1) As used in this part, "type of homelessness" means the same as that term is defined in
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Section 35A-16-102.
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(2) An individual who experiences a type of homelessness shall be given equal treatment by
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the state and a political subdivision of the state in the same manner as any other
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individual, including the right to:
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(a) move freely in public spaces when those spaces are open and available to the public;
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(b) obtain employment regardless of housing status and as provided under Title 34A,
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Chapter 5, Utah Antidiscrimination Act; and
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(c) receive emergency medical care in accordance with state and federal law, including
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the Emergency Medical Treatment and Labor Act (EMTALA).
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(3) In accordance with Title 20A, Election Code, a homeless individual has the right to:
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(a) register to vote; and
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(b) vote in an election as provided in Title 20A, Chapter 3a, Voting.
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(4) The state or a political subdivision of the state that is in possession of a record
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containing personal information belonging to or regarding a homeless individual shall
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manage the information in accordance with:
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(a) applicable state and federal laws; and
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(b) the provisions of Title 63G, Chapter 2, Government Records Access and
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Management Act.
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(5)(a) An individual experiencing homelessness has a right of action in state court
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against a person who violates this section.
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(b) If the court finds a violation of this section in an action under Subsection (5)(a), the
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court may:
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(i) enjoin the violation; or
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(ii) award to the individual experiencing homelessness:
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(A) reasonable court costs; or
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(B) reasonable attorney fees.
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(c) An individual experiencing homelessness may only bring a right of action under
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Subsection (5)(a) within one year after the day on which the person violated this
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section.
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Section 2. Effective Date.
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This bill takes effect on May 7, 2025.
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