DISPOSAL OF PROPERTY USED FOR CAMPING 

      This bill requires the department of transportation to develop and implement a policy regarding the collection, storage, claiming, and disposal of personal property used for camping from (i) the shoulder, berm, or right-of-way of a state or interstate highway; or (ii) under a bridge or overpass, or within an underpass, of a state or interstate highway.  The department of transportation must develop and implement such policy through partnerships with local law enforcement agencies, the department of safety, the division of housing and emergency shelter within the department of human services, local homeless coalitions, local and state housing authorities, other local and state agencies, and nonprofit organizations and other entities that provide transitional housing and related services to persons experiencing homelessness.

      This bill requires the policy to require all of the following:

      Whenever feasible, site assessment in advance of removal operations.

      Posting of a notice to vacate at the removal site at least 72 hours prior to initiating removal operations that includes (i) instructions for how to retrieve property that has been removed; (ii) a statewide toll-free telephone number to call to claim the property that is removed and stored; and (iii) the physical address of the appropriate state or local agency or office where the owner of removed property may appear in person to arrange for the retrieval of the owner's property.

      Posting of such notice prominently in a plastic or other weatherproof sleeve on available surfaces at the removal site.

      Completion of all removal operations initiated as a result of a citizen complaint within 30 days following the receipt of the complaint.

      Contacting of service providers to request outreach services for persons experiencing homelessness at the removal site.

      Collection and labeling of personal property at the removal site, and storage of removed property for at least 90 days.

      Immediate disposal of trash, garbage, or other debris; personal property that presents an immediate health or safety hazard; perishable food; and abandoned property.

      Evaluation of the facts and circumstances surrounding personal property in determining if personal property is trash, garbage, or other debris or abandoned property.

      Collection and storage of an item of personal property, if the person conducting the removal operation has a reasonable doubt as to whether the item constitutes trash, garbage, or other debris or abandoned property.

      Separation of medications, medical devices, personal identification, and legal documents during the collection and labeling procedures.

      The storage facility or other place where removed property is being held to be a secure location and accessible by public transportation.

      Disposal of removed property that is not claimed within 90 days of being collected, unless the property is needed for evidence in a criminal proceeding.

      For purposes of this bill, "abandoned property" does not include "unattended property," which means personal property that is accompanied by signs of ownership, but the owner is temporarily absent.

RULEMAKING

      This bill authorizes the department of transportation to promulgate rules to implement this bill.

      ON MARCH 13, 2025, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 217, AS AMENDED.

      AMENDMENT #1 rewrites the bill to, instead, add the following to present law:

      Requires the department of transportation to develop and implement a policy regarding the removal of personal property used for camping from (i) the shoulder, berm, or right-of-way of highways under its jurisdiction or (ii) under a bridge or overpass, or within an underpass of highways under its jurisdiction.

      Requires the department of transportation to develop and implement the policy above through partnerships with municipal and county governments, local law enforcement agencies, the department of safety, local homeless coalitions, local and state housing authorities, other local and state agencies, and nonprofit organizations and other entities that provide transitional housing and related services to persons experiencing homelessness.

      Requires the policy above to require, if requested by the department of transportation, that a municipal or county government whose geographic boundaries include a camping removal site, enter into a memorandum of understanding with the department to outline roles and responsibilities when addressing a camping removal site.

      Requires the policy above to require that a memorandum of understanding entered into between the department of transportation and the municipal or county government outline, at a minimum, the following responsibilities for the department: (i) whenever feasible, performing a site assessment in advance of camping removal operations; (ii) posting of a notice to vacate at the camping removal site at least 10 calendar days prior to initiating camping removal operations that includes notification that any personal property remaining at the site past the noticed date of removal will be determined to be trash, garbage, or other debris, and will be disposed of accordingly; (iii) completion of initial clean-up operations initiated as a result of a citizen complaint or the identification of a site as a safety hazard by the department within 30 calendar days of the complaint, or the memorandum of understanding, if certain criteria is met; (iv) if necessary, completion of vegetation removal within 30 calendar days after the completion of initial camping clean-up operations; (v) if necessary, completion of any fencing or other measures to secure the site within 90 calendar days after the completion of initial camping clean-up operations; (vi) if necessary, contracting for the removal of certain items and materials, including human waste and other biohazards; and (vii) if necessary, securing the assistance of the department of safety.

      Requires the policy above to require that a memorandum of understanding entered into between the department of transportation and the municipal or county government outline, at a minimum, the following responsibilities for the municipal or county government: (i) providing outreach services for persons experiencing homelessness at the camping removal site; (ii) connecting persons experiencing homelessness at the camping removal site with temporary or long-term housing resources; (iii) if necessary, contracting with local homeless coalitions, local and state housing authorities, other local and state agencies, and nonprofit organizations and other entities that provide transitional housing and related services to persons experiencing homelessness; (iv) ensuring that the camping removal site is not occupied by any persons by the noticed date of removal; and (v) securing the assistance of local law enforcement to assist in removal and clean-up operations, including the disposal of illicit drugs, drug paraphernalia, and firearms.

      Prohibits the department of transportation from commencing initial clean-up activities, vegetation removal, or site securing activities until the municipal or county government whose geographic boundaries include the camping removal site has ensured that no persons are occupying the camping removal site.

      If a municipal or county government fails to agree to a memorandum of understanding within 60 calendar days upon receiving the department's request, or if a municipal or county government fails to comply with the terms of a memorandum of understanding, requires the department of transportation  to provide written notice of such inaction to legislative committees having jurisdiction over transportation matters and the state representatives and state senators who represent the county where the camping removal site is located.

      Authorizes the department of transportation to establish agency policies or promulgate rules to implement this amendment.

      Provides that, if any provision of this amendment or its application to any person or circumstance is held invalid, then the invalidity does not affect other provisions or applications of this amendment that can be given effect without the invalid provision or application, and to that end, the provisions of this amendment are severable.