HB 3876
Provides a safe harbor for certain local regulations governing camping on public property against the cause of action otherwise available to challenge the objective reasonableness of such regulations.
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Sign in to take action- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill creates a legal ‘safe harbor’ for local city and county regulations that limit camping on public property. It protects these regulations from being challenged as objectively unreasonable, provided they are designed to ensure people experiencing homelessness can ‘keep warm and dry.’ Individuals experiencing homelessness can still sue to challenge the reasonableness of these regulations, but only in specific circumstances and with certain procedural requirements.
Key provisions
- Protects local city and county laws regulating camping on public property from legal challenges.
- Defines ‘keeping warm and dry’ as necessary for survival outdoors, excluding the use of fire.
- Requires regulations to be objectively reasonable regarding time, place, and manner.
- Allows cities and counties to prohibit camping in specific locations (e.g., near government buildings, parks, utilities).
- Establishes a 300-foot buffer zone around businesses and 500-foot buffer zone around homeless service sites and childcare facilities.
- Provides a process for plaintiffs to seek injunctive or declaratory relief.
- Allows prevailing plaintiffs to recover attorney fees if they provided 90 days’ written notice to the governing body before filing suit.
- Explicitly states that the bill does not create a private right to monetary damages.
Who is affected
- City and county governments
- Individuals experiencing homelessness
- Property owners (public)
Sponsors
Official sponsors from legislative records.
Primary sponsor
Gregory Smith
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