Utah 2025 Regular Session

Utah Senate Bill SB0182 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	03-~~05 11~~:53 1st Sub. (Green) S.B. 182
	1	+	03-04 09:33 1st Sub. (Green) S.B. 182
2	2		Todd Weiler proposes the following substitute bill:
3	3		1
4	4		Homeless Services Modifications
5	5		2025 GENERAL SESSION
6	6		STATE OF UTAH
7	7		Chief Sponsor: Todd Weiler
8	8		House Sponsor: Tyler Clancy
9	9		2
10	10
11	11		3
12	12		LONG TITLE
13	13		4
14	14		General Description:
15	15		5
16	16		This bill enacts certain provisions for individuals experiencing homelessness.
17	17		6
18	18		Highlighted Provisions:
19	19		7
20	20		This bill:
21	21		8
22	22		▸ amends and defines terms;
23	23		9
24	24		▸ requires the Department of Health and Human Services to issue a code red alert for
25	25		10
26	26		certain weather events that may pose a danger to individuals experiencing homelessness;
27	27		11
28	28		▸ provides for certain requirements and limitations to take effect within a county that is
29	29		12
30	30		impacted by a code red alert; and
31	31		13
32	32		▸ makes technical and conforming changes.
33	33		14
34	34		Money Appropriated in this Bill:
35	35		15
36	36		None
37	37		16
38	38		Other Special Clauses:
39	39		17
40	40		None
41	41		18
42	42		Utah Code Sections Affected:
43	43		19
44	44		AMENDS:
45	45		20
46	46		26B-1-202, as last amended by Laws of Utah 2024, Chapter 506
47	47		21
48	48		35A-16-701, as last amended by Laws of Utah 2024, Chapters 204, 438
49	49		22
50	50		ENACTS:
51	51		23
52	52		35A-16-801, Utah Code Annotated 1953
53	53		24
54	54		35A-16-802, Utah Code Annotated 1953
55	55		25
56	56		35A-16-803, Utah Code Annotated 1953
57	57		26
58	58
59	59		27
60	60		Be it enacted by the Legislature of the state of Utah:
61	61		28
62	62		Section 1. Section 26B-1-202 is amended to read:
63		-	1st Sub. S.B. 182 1st Sub. (Green) S.B. 182 03-~~05 11~~:53
	63	+	1st Sub. S.B. 182 1st Sub. (Green) S.B. 182 03-04 09:33
64	64		29
65	65		26B-1-202 . Department authority and duties.
66	66		30
67	67		The department may, subject to applicable restrictions in state law and in addition to all
68	68		31
69	69		other authority and responsibility granted to the department by law:
70	70		32
71	71		(1) adopt rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
72	72		33
73	73		Act, and not inconsistent with law, as the department may consider necessary or
74	74		34
75	75		desirable for providing health and social services to the people of this state;
76	76		35
77	77		(2) establish and manage client trust accounts in the department's institutions and
78	78		36
79	79		community programs, at the request of the client or the client's legal guardian or
80	80		37
81	81		representative, or in accordance with federal law;
82	82		38
83	83		(3) purchase, as authorized or required by law, services that the department is responsible to
84	84		39
85	85		provide for legally eligible persons;
86	86		40
87	87		(4) conduct adjudicative proceedings for clients and providers in accordance with the
88	88		41
89	89		procedures of Title 63G, Chapter 4, Administrative Procedures Act;
90	90		42
91	91		(5) establish eligibility standards for the department's programs, not inconsistent with state
92	92		43
93	93		or federal law or regulations;
94	94		44
95	95		(6) take necessary steps, including legal action, to recover money or the monetary value of
96	96		45
97	97		services provided to a recipient who was not eligible;
98	98		46
99	99		(7) set and collect fees for the department's services;
100	100		47
101	101		(8) license agencies, facilities, and programs, except as otherwise allowed, prohibited, or
102	102		48
103	103		limited by law;
104	104		49
105	105		(9) acquire, manage, and dispose of any real or personal property needed or owned by the
106	106		50
107	107		department, not inconsistent with state law;
108	108		51
109	109		(10) receive gifts, grants, devises, and donations; gifts, grants, devises, donations, or the
110	110		52
111	111		proceeds thereof, may be credited to the program designated by the donor, and may be
112	112		53
113	113		used for the purposes requested by the donor, as long as the request conforms to state
114	114		54
115	115		and federal policy; all donated funds shall be considered private, nonlapsing funds and
116	116		55
117	117		may be invested under guidelines established by the state treasurer;
118	118		56
119	119		(11) accept and employ volunteer labor or services; the department is authorized to
120	120		57
121	121		reimburse volunteers for necessary expenses, when the department considers that
122	122		58
123	123		reimbursement to be appropriate;
124	124		59
125	125		(12) carry out the responsibility assigned in the workforce services plan by the State
126	126		60
127	127		Workforce Development Board;
128	128		61
129	129		(13) carry out the responsibility assigned by Section 26B-1-430 with respect to
130	130		62
131	131		coordination of services for students with a disability;
132		-	- 2 - 03-~~05 11~~:53 1st Sub. (Green) S.B. 182
	132	+	- 2 - 03-04 09:33 1st Sub. (Green) S.B. 182
133	133		63
134	134		(14) provide training and educational opportunities for the department's staff;
135	135		64
136	136		(15) collect child support payments and any other money due to the department;
137	137		65
138	138		(16) apply the provisions of Title 81, Chapter 6, Child Support, to parents whose child lives
139	139		66
140	140		out of the home in a department licensed or certified setting;
141	141		67
142	142		(17) establish policy and procedures, within appropriations authorized by the Legislature, in
143	143		68
144	144		cases where the Division of Child and Family Services or the Division of Juvenile
145	145		69
146	146		Justice and Youth Services is given custody of a minor by the juvenile court under Title
147	147		70
148	148		80, Utah Juvenile Code, or the department is ordered to prepare an attainment plan for a
149	149		71
150	150		minor found not competent to proceed under Section 80-6-403, including:
151	151		72
152	152		(a) designation of interagency teams for each juvenile court district in the state;
153	153		73
154	154		(b) delineation of assessment criteria and procedures;
155	155		74
156	156		(c) minimum requirements, and timeframes, for the development and implementation of
157	157		75
158	158		a collaborative service plan for each minor placed in department custody; and
159	159		76
160	160		(d) provisions for submittal of the plan and periodic progress reports to the court;
161	161		77
162	162		(18) carry out the responsibilities assigned to the department by statute;
163	163		78
164	164		(19) examine and audit the expenditures of any public funds provided to a local substance
165	165		79
166	166		abuse authority, a local mental health authority, a local area agency on aging, and any
167	167		80
168	168		person, agency, or organization that contracts with or receives funds from those
169	169		81
170	170		authorities or agencies. Those local authorities, area agencies, and any person or entity
171	171		82
172	172		that contracts with or receives funds from those authorities or area agencies, shall
173	173		83
174	174		provide the department with any information the department considers necessary. The
175	175		84
176	176		department is further authorized to issue directives resulting from any examination or
177	177		85
178	178		audit to a local authority, an area agency, and persons or entities that contract with or
179	179		86
180	180		receive funds from those authorities with regard to any public funds. If the department
181	181		87
182	182		determines that it is necessary to withhold funds from a local mental health authority or
183	183		88
184	184		local substance abuse authority based on failure to comply with state or federal law,
185	185		89
186	186		policy, or contract provisions, the department may take steps necessary to ensure
187	187		90
188	188		continuity of services. For purposes of this Subsection (19) "public funds" means the
189	189		91
190	190		same as that term is defined in Section 26B-5-101;
191	191		92
192	192		(20) in accordance with Subsection 26B-2-104(1)(d), accredit one or more agencies and
193	193		93
194	194		persons to provide intercountry adoption services;
195	195		94
196	196		(21) within legislative appropriations, promote and develop a system of care and
197	197		95
198	198		stabilization services:
199	199		96
200	200		(a) in compliance with Title 63G, Chapter 6a, Utah Procurement Code; and
201		-	- 3 - 1st Sub. (Green) S.B. 182 03-~~05 11~~:53
	201	+	- 3 - 1st Sub. (Green) S.B. 182 03-04 09:33
202	202		97
203	203		(b) that encompasses the department, department contractors, and the divisions, offices,
204	204		98
205	205		or institutions within the department, to:
206	206		99
207	207		(i) navigate services, funding resources, and relationships to the benefit of the
208	208		100
209	209		children and families whom the department serves;
210	210		101
211	211		(ii) centralize department operations, including procurement and contracting;
212	212		102
213	213		(iii) develop policies that govern business operations and that facilitate a system of
214	214		103
215	215		care approach to service delivery;
216	216		104
217	217		(iv) allocate resources that may be used for the children and families served by the
218	218		105
219	219		department or the divisions, offices, or institutions within the department, subject
220	220		106
221	221		to the restrictions in Section 63J-1-206;
222	222		107
223	223		(v) create performance-based measures for the provision of services; and
224	224		108
225	225		(vi) centralize other business operations, including data matching and sharing among
226	226		109
227	227		the department's divisions, offices, and institutions;
228	228		110
229	229		(22) ensure that any training or certification required of a public official or public
230	230		111
231	231		employee, as those terms are defined in Section 63G-22-102, complies with Title 63G,
232	232		112
233	233		Chapter 22, State Training and Certification Requirements, if the training or certification
234	234		113
235	235		is required:
236	236		114
237	237		(a) under this title;
238	238		115
239	239		(b) by the department; or
240	240		116
241	241		(c) by an agency or division within the department;
242	242		117
243	243		(23) enter into cooperative agreements with the Department of Environmental Quality to
244	244		118
245	245		delineate specific responsibilities to assure that assessment and management of risk to
246	246		119
247	247		human health from the environment are properly administered;
248	248		120
249	249		(24) consult with the Department of Environmental Quality and enter into cooperative
250	250		121
251	251		agreements, as needed, to ensure efficient use of resources and effective response to
252	252		122
253	253		potential health and safety threats from the environment, and to prevent gaps in
254	254		123
255	255		protection from potential risks from the environment to specific individuals or
256	256		124
257	257		population groups;
258	258		125
259	259		(25) to the extent authorized under state law or required by federal law, promote and protect
260	260		126
261	261		the health and wellness of the people within the state;
262	262		127
263	263		(26) establish, maintain, and enforce rules authorized under state law or required by federal
264	264		128
265	265		law to promote and protect the public health or to prevent disease and illness;
266	266		129
267	267		(27) investigate the causes of epidemic, infectious, communicable, and other diseases
268	268		130
269	269		affecting the public health;
270		-	- 4 - 03-~~05 11~~:53 1st Sub. (Green) S.B. 182
	270	+	- 4 - 03-04 09:33 1st Sub. (Green) S.B. 182
271	271		131
272	272		(28) provide for the detection and reporting of communicable, infectious, acute, chronic, or
273	273		132
274	274		any other disease or health hazard which the department considers to be dangerous,
275	275		133
276	276		important, or likely to affect the public health;
277	277		134
278	278		(29) collect and report information on causes of injury, sickness, death, and disability and
279	279		135
280	280		the risk factors that contribute to the causes of injury, sickness, death, and disability
281	281		136
282	282		within the state;
283	283		137
284	284		(30) collect, prepare, publish, and disseminate information to inform the public concerning
285	285		138
286	286		the health and wellness of the population, specific hazards, and risks that may affect the
287	287		139
288	288		health and wellness of the population and specific activities which may promote and
289	289		140
290	290		protect the health and wellness of the population;
291	291		141
292	292		(31) abate nuisances when necessary to eliminate sources of filth and infectious and
293	293		142
294	294		communicable diseases affecting the public health;
295	295		143
296	296		(32) make necessary sanitary and health investigations and inspections in cooperation with
297	297		144
298	298		local health departments as to any matters affecting the public health;
299	299		145
300	300		(33) establish laboratory services necessary to support public health programs and medical
301	301		146
302	302		services in the state;
303	303		147
304	304		(34) establish and enforce standards for laboratory services which are provided by any
305	305		148
306	306		laboratory in the state when the purpose of the services is to protect the public health;
307	307		149
308	308		(35) cooperate with the Labor Commission to conduct studies of occupational health
309	309		150
310	310		hazards and occupational diseases arising in and out of employment in industry, and
311	311		151
312	312		make recommendations for elimination or reduction of the hazards;
313	313		152
314	314		(36) cooperate with the local health departments, the Department of Corrections, the
315	315		153
316	316		Administrative Office of the Courts, the Division of Juvenile Justice and Youth
317	317		154
318	318		Services, and the Utah Office for Victims of Crime to conduct testing for HIV infection
319	319		155
320	320		of alleged sexual offenders, convicted sexual offenders, and any victims of a sexual
321	321		156
322	322		offense;
323	323		157
324	324		(37) investigate the causes of maternal and infant mortality;
325	325		158
326	326		(38) establish, maintain, and enforce a procedure requiring the blood of adult pedestrians
327	327		159
328	328		and drivers of motor vehicles killed in highway accidents be examined for the presence
329	329		160
330	330		and concentration of alcohol, and provide the Commissioner of Public Safety with
331	331		161
332	332		monthly statistics reflecting the results of these examinations, with necessary safeguards
333	333		162
334	334		so that information derived from the examinations is not used for a purpose other than
335	335		163
336	336		the compilation of these statistics;
337	337		164
338	338		(39) establish qualifications for individuals permitted to draw blood under Subsection
339		-	- 5 - 1st Sub. (Green) S.B. 182 03-~~05 11~~:53
	339	+	- 5 - 1st Sub. (Green) S.B. 182 03-04 09:33
340	340		165
341	341		41-6a-523(1)(a)(vi), 53-10-405(2)(a)(vi), 72-10-502(5)(a)(vi), or 77-23-213(3)(a)(vi),
342	342		166
343	343		and to issue permits to individuals the department finds qualified, which permits may be
344	344		167
345	345		terminated or revoked by the department;
346	346		168
347	347		(40) establish a uniform public health program throughout the state which includes
348	348		169
349	349		continuous service, employment of qualified employees, and a basic program of disease
350	350		170
351	351		control, vital and health statistics, sanitation, public health nursing, and other preventive
352	352		171
353	353		health programs necessary or desirable for the protection of public health;
354	354		172
355	355		(41) conduct health planning for the state;
356	356		173
357	357		(42) monitor the costs of health care in the state and foster price competition in the health
358	358		174
359	359		care delivery system;
360	360		175
361	361		(43) establish methods or measures for health care providers, public health entities, and
362	362		176
363	363		health care insurers to coordinate among themselves to verify the identity of the
364	364		177
365	365		individuals the providers serve;
366	366		178
367	367		(44) designate Alzheimer's disease and related dementia as a public health issue and, within
368	368		179
369	369		budgetary limitations, implement a state plan for Alzheimer's disease and related
370	370		180
371	371		dementia by incorporating the plan into the department's strategic planning and
372	372		181
373	373		budgetary process;
374	374		182
375	375		(45) coordinate with other state agencies and other organizations to implement the state
376	376		183
377	377		plan for Alzheimer's disease and related dementia;
378	378		184
379	379		(46) ensure that any training or certification required of a public official or public
380	380		185
381	381		employee, as those terms are defined in Section 63G-22-102, complies with Title 63G,
382	382		186
383	383		Chapter 22, State Training and Certification Requirements, if the training or certification
384	384		187
385	385		is required by the agency or under this Title 26B, Utah Health and Human Services
386	386		188
387	387		Code;
388	388		189
389	389		(47) oversee public education vision screening as described in Section 53G-9-404;
390	390		190
391	391		(48) issue code blue alerts in accordance with Title 35A, Chapter 16, Part 7, Code Blue
392	392		191
393	393		Alert;
394	394		192
395	395		(49) issue code red alerts in accordance with Title 35A, Chapter 16, Part 8, Code Red Alert;
396	396		193
397	397		and
398	398		194
399	399		[(49)] (50) as allowed by state and federal law, share data with the Office of Families that is
400	400		195
401	401		relevant to the duties described in Subsection 26B-1-243(4), which may include, to the
402	402		196
403	403		extent available:
404	404		197
405	405		(a) demographic data concerning family structures in the state; and
406	406		198
407	407		(b) data regarding the family structure associated with:
408		-	- 6 - 03-~~05 11~~:53 1st Sub. (Green) S.B. 182
	408	+	- 6 - 03-04 09:33 1st Sub. (Green) S.B. 182
409	409		199
410	410		(i) suicide, depression, or anxiety; and
411	411		200
412	412		(ii) various health outcomes.
413	413		201
414	414		Section 2. Section 35A-16-701 is amended to read:
415	415		202
416	416		35A-16-701 . Definitions.
417	417		203
418	418		As used in this part:
419	419		204
420	420		(1) "Affected county" means a county of the first, second, third, or fourth class in which a
421	421		205
422	422		code blue event is anticipated.
423	423		206
424	424		(2) "Applicable local homeless council" means the local homeless council that is
425	425		207
426	426		responsible for coordinating homeless response within an affected county.
427	427		208
428	428		(3) "Capacity limit" means a limit as to the number of individuals that a homeless shelter
429	429		209
430	430		may provide temporary shelter to under a conditional use permit.
431	431		210
432	432		(4) "Code blue alert" means a proclamation issued by the Department of Health and Human
433	433		211
434	434		Services under Section 35A-16-702 to alert the public of a code blue event.
435	435		212
436	436		(5) "Code blue event" means a weather event in which the National Weather Service
437	437		213
438	438		predicts temperatures of 18 degrees Fahrenheit or less, including wind chill, or any other
439	439		214
440	440		extreme weather conditions established in rules made by the Department of Health and
441	441		215
442	442		Human Services under Subsection 35A-16-702(4), to occur in any county of the first,
443	443		216
444	444		second, third, or fourth class for two hours or longer within the next 24 to 48 hours.
445	445		217
446	446		(6) "Homeless shelter" means a congregate facility that provides temporary shelter to
447	447		218
448	448		individuals experiencing homelessness.
449	449		219
450	450		(7) "Municipality" means a city or town.
451	451		220
452	452		Section 3. Section 35A-16-801 is enacted to read:
453	453		221
454	454
455	455		Part 8. Code Red Alert
456	456		222
457	457		35A-16-801 . Definitions.
458	458		223
459	459		As used in this section:
460	460		224
461	461		(1) "Affected county" means a county of the first, second, third, or fourth class in which a
462	462		225
463	463		code red event is anticipated.
464	464		226
465	465		(2) "Applicable local homeless council" means the local homeless council that is
466	466		227
467	467		responsible for coordinating homeless response within an affected county.
468	468		228
469	469		(3) "Capacity limit" means a limit as to the number of individuals that a homeless shelter
470	470		229
471	471		may provide temporary shelter to under a conditional use permit or other restrictions
472	472		230
473	473		required by law.
474	474		231
475	475		(4) "Code red alert" means a proclamation issued by the Department of Health and Human
476	476		232
477	477		Services under Section 35A-16-802 to alert the public of a code red event.
478		-	- 7 - 1st Sub. (Green) S.B. 182 03-~~05 11~~:53
	478	+	- 7 - 1st Sub. (Green) S.B. 182 03-04 09:33
479	479		233
480	480		(5) "Code red event" means a weather event in which the National Weather Service predicts
481	481		234
482	482		a Ĥ→ [HeatRisk of 2 - Moderate or greater,] HeatRisk of 3 - Major or greater, ←Ĥ
483	483		234a
484	484		including any other extreme weather conditions
485	485		235
486	486		established in rules made by the Department of Health and Human Services under
487	487		236
488	488		Subsection 35A-16-802(4), to occur in any county of the first, second, third, or fourth
489	489		237
490	490		class within the next 24 to 48 hours.
491	491		238
492	492		(6) "Homeless shelter" means a congregate facility that provides temporary shelter to
493	493		239
494	494		individuals experiencing homelessness.
495	495		240
496	496		(7) "Municipality" means a city or town.
497	497		241
498	498		Section 4. Section 35A-16-802 is enacted to read:
499	499		242
500	500		35A-16-802 . Code red alert -- Content -- Dissemination -- Rulemaking
501	501		243
502	502		(1) The Department of Health and Human Services shall:
503	503		244
504	504		(a) monitor and evaluate forecasts and advisories produced by the National Weather
505	505		245
506	506		Service beginning on June 1 and ending on September 30;
507	507		246
508	508		(b) issue a code red alert under this section if the Department of Health and Human
509	509		247
510	510		Services identifies a code red event; and
511	511		248
512	512		(c) disseminate the code red alert to:
513	513		249
514	514		(i) the public at large;
515	515		250
516	516		(ii) homeless shelters located within an affected county;
517	517		251
518	518		(iii) local government entities located within an affected county;
519	519		252
520	520		(iv) the office; and
521	521		253
522	522		(v) any other relevant public or private entities that provide services to individuals
523	523		254
524	524		experiencing homelessness within an affected county.
525	525		255
526	526		(2) The code red alert shall:
527	527		256
528	528		(a) identify each affected county;
529	529		257
530	530		(b) specify the duration of the code red alert;
531	531		258
532	532		(c) describe the provisions that take effect for the duration of the code red alert as
533	533		259
534	534		described in Section 35A-16-803; and
535	535		260
536	536		(d) include the information prepared by the office under Subsection (3).
537	537		261
538	538		(3)(a) The office shall prepare and regularly update information to assist individuals
539	539		262
540	540		experiencing homelessness during a code red event, including:
541	541		263
542	542		(i) the location and availability of homeless shelters and other community resources
543	543		264
544	544		and services for individuals experiencing homelessness;
545	545		265
546	546		(ii) information regarding public safety and emergency services; and
547		-	- 8 - 03-~~05 11~~:53 1st Sub. (Green) S.B. 182
	547	+	- 8 - 03-04 09:33 1st Sub. (Green) S.B. 182
548	548		266
549	549		(iii) any other information considered relevant by the office.
550	550		267
551	551		(b) The office shall submit to the Department of Health and Human Services the
552	552		268
553	553		information prepared and updated under Subsection (3)(a).
554	554		269
555	555		(4)(a) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
556	556		270
557	557		the Department of Health and Human Services, in coordination with the office, shall
558	558		271
559	559		make rules to implement this section.
560	560		272
561	561		(b) The rules under Subsection (4)(a) shall:
562	562		273
563	563		(i) establish extreme weather conditions that warrant the issuance of a code red alert;
564	564		274
565	565		and
566	566		275
567	567		(ii) establish standards for:
568	568		276
569	569		(A) monitoring and evaluating National Weather Service forecasts and advisories
570	570		277
571	571		to identify code red events;
572	572		278
573	573		(B) issuing code red alerts under this section, including the form, content, and
574	574		279
575	575		dissemination of code red alerts;
576	576		280
577	577		(C) the provisions that take effect within an affected county for the duration of a
578	578		281
579	579		red alert under Section 35A-16-803; and
580	580		282
581	581		(D) coordinating with the office to receive the information described in
582	582		283
583	583		Subsection (3).
584	584		284
585	585		(5) Nothing in this section prohibits a municipality from implementing emergency plans or
586	586		285
587	587		other measures to assist individuals experiencing homelessness at times when
588	588		286
589	589		environmental conditions present a substantial threat to the health or safety of
590	590		287
591	591		individuals experiencing homelessness, provided that the emergency plans or other
592	592		288
593	593		measures implemented by the municipality do not conflict with any applicable
594	594		289
595	595		provisions that take effect during a code red event in accordance with Section
596	596		290
597	597		35A-16-803.
598	598		291
599	599		Section 5. Section 35A-16-803 is enacted to read:
600	600		292
601	601		35A-16-803 . Provisions in effect for duration of a code red alert.
602	602		293
603	603		(1) Subject to rules made by the Department of Health and Human Services under
604	604		294
605	605		Subsection 35A-16-802(4), the following provisions take effect within an affected
606	606		295
607	607		county for the duration of a code red alert:
608	608		296
609	609		(a) Ĥ→ except as provided in Subsection (2), ←Ĥ a homeless shelter may expand the
610	610		296a
611	611		homeless shelter's capacity limit by up to 35% to
612	612		297
613	613		provide temporary shelter to any number of individuals experiencing homelessness,
614	614		298
615	615		so long as the homeless shelter is in compliance with the applicable building code
616		-	- 9 - 1st Sub. (Green) S.B. 182 03-~~05 11~~:53
	616	+	- 9 - 1st Sub. (Green) S.B. 182 03-04 09:33
617	617		299
618	618		and fire code;
619	619		300
620	620		(b) a homeless shelter, in coordination with the applicable local homeless council, shall
621	621		301
622	622		implement expedited intake procedures for individuals experiencing homelessness
623	623		302
624	624		who request access to the homeless shelter;
625	625		303
626	626		(c) a homeless shelter may not deny temporary shelter to any individual experiencing
627	627		304
628	628		homelessness who requests access to the homeless shelter for temporary shelter
629	629		305
630	630		unless the homeless shelter is at the capacity limit described in Subsection (1)(a) or if
631	631		306
632	632		a reasonable individual would conclude that the individual presents a danger to
633	633		307
634	634		public safety;
635	635		308
636	636		(d) any indoor facility owned by a private organization, nonprofit organization, state
637	637		309
638	638		government entity, or local government entity may be used to provide temporary
639	639		310
640		-	shelter to individuals experiencing homelessness Ĥ→ [and is exempt from the]
641		-	310a
642		-	in accordance with ←Ĥ licensure
	640	+	shelter to individuals experiencing homelessness and is exempt from the licensure
643	641		311
644	642		requirements of Title 26B, Chapter 2, Licensing and Certifications, for the duration
645	643		312
646	644		of the code red alert so long as the facility is in compliance with the applicable
647	645		313
648	646		building code and fire code and the governing body of the organization or the
649	647		314
650	648		legislative body of the government entity that owns the facility approves the use;
651	649		315
652	650		(e) homeless shelters, state and local government entities, and other organizations that
653	651		316
654	652		provide services to individuals experiencing homelessness Ĥ→ [shall] may ←Ĥ
655	653		316a
656	654		coordinate street
657	655		317
658	656		outreach efforts to distribute to individuals experiencing homelessness any available
659	657		318
660	658		resources for survival in hot weather, including water, lightweight and light-colored
661	659		319
662		-	clothing, a hat, sunscreen, or other items that may protect the individual from heat; Ĥ→
663		-	319a
664		-	and ←Ĥ
	660	+	clothing, a hat, sunscreen, or other items that may protect the individual from heat;
665	661		320
666	662		(f) a state or local government entity, including a municipality, law enforcement agency,
667	663		321
668	664		and local health department, may enforce a camping ordinance but may not seize
669	665		322
670	666		from individuals experiencing homelessness any personal items for survival in hot
671	667		323
672		-	weather, including clothing, tents, or other items used for shade ~~Ĥ→ [~~; and~~] .~~
	668	+	weather, including clothing, tents, or other items used for shade; and
673	669		324
674		-	[(g) a municipality or other local government entity may not enforce any ordinance or ~~] ←Ĥ~~
	670	+	(g) a municipality or other local government entity may not enforce any ordinance or
675	671		325
676		-	~~Ĥ→ [~~policy that limits or restricts the ability for the provisions described in Subsections
	672	+	policy that limits or restricts the ability for the provisions described in Subsections
677	673		326
678		-	(1)(a) through (f) to take effect, including local zoning ordinances.~~] ←Ĥ~~
	674	+	(1)(a) through (f) to take effect, including local zoning ordinances.
679	675		327
680	676		(2) Ĥ→ A homeless shelter owned by a municipality may expand the homeless shelter's
681	677		327a
682	678		capacity limit to provide temporary shelter to any number of individuals experiencing
683		-	- 10 - 03-05 11:53 1st Sub. (Green) S.B. 182
684	679		327b
685	680		homelessness, so long as the homeless shelter is in compliance with the applicable
686	681		327c
687	682		building code and fire code.
688	683		327d
689	684		(3) ←Ĥ A municipality or other local government entity Ĥ→ [shall ] may ←Ĥ
	685	+	- 10 - 03-04 09:33 1st Sub. (Green) S.B. 182
690	686		327e
691	687		prioritize providing shelter for
692	688		328
693	689		individuals experiencing homelessness during a code red event at a facility described in
694	690		329
695	691		Subsection (1)(d) before providing shelter in a homeless shelter to individuals
696	692		330
697	693		experiencing homelessness during the code red event.
698	694		331
699	695		Section 6. Effective Date.
700	696		332
701	697		This bill takes effect on May 7, 2025.
702	698		- 11 -