Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 441 (2017GS)

Sponsor

Rep. Gibson, F.

Final action

Governor Signed 3/15/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• modifies the ordinances and other regulations that a municipality may enforce for a homeless shelter;
• modifies the requirements for the Homeless Coordinating Committee and the Housing and Community Development Division to award grants or contracts related to a facility that will provide shelter or other services to the homeless; and
• makes technical changes.

Every vote on this bill

Bill text

HOUSING AND HOMELESS REFORM INITIATIVE
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Francis D. Gibson
Senate Sponsor: 
Ann Millner
Cosponsor:
Steve Eliason
LONG TITLE
General Description:
This bill modifies provisions related to homelessness and homeless shelters.
Highlighted Provisions:
This bill:
▸ modifies the ordinances and other regulations that a municipality may enforce for a
homeless shelter;
▸ modifies the requirements for the Homeless Coordinating Committee and the
Housing and Community Development Division to award grants or contracts related
to a facility that will provide shelter or other services to the homeless; and
▸ makes technical changes.
Money Appropriated in this Bill:
This bill appropriates:
▸ to the General Fund Restricted -- Homeless to Housing Reform Restricted Account,
as a one-time appropriation:
• from the General Fund, $9,850,000;
▸ to the General Fund Restricted -- Homeless to Housing Reform Restricted Account,
as an ongoing appropriation:
• from the General Fund, $250,000;
▸ to the Department of Workforce Services -- Housing and Community Development,
as a one-time appropriation:
• from the General Fund Restricted -- Homeless to Housing Reform Restricted
Account, $9,850,000;
▸ to the Department of Workforce Services -- Housing and Community Development,
as an ongoing appropriation:
• from the General Fund Restricted -- Homeless to Housing Reform Restricted
Account, $250,000; and
▸ to the Olene Walker Housing Loan Fund, as a one-time appropriation:
• from the General Fund, $700,000.
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
10-9a-526
, as enacted by Laws of Utah 2016, Chapter 131
35A-8-604
, as enacted by Laws of Utah 2016, Chapter 278
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
10-9a-526
 is amended to read:
10-9a-526.
Homeless shelters.
(1) As used in this section, "homeless shelter" means a facility that:
(a) is 
or is proposed to be
 located within a municipality;
(b) provides 
or is proposed to provide
 temporary shelter to homeless [
families with
children
] 
individuals
; 
and
(c) has 
or is proposed to have the
 capacity to provide temporary shelter to at least
[
] 
 individuals per night[
; and
]
.
[
(d) began operation on or before January 1, 2016.
]
(2) A municipality may not adopt or enforce an ordinance or other regulation that
prohibits a homeless shelter
:
(a)
 from operating year-round[
.
] 
if the homeless shelter began operation on or before
January 1, 2016; or
(b) from being built if the site of the homeless shelter is approved by and receives
funding through the Homeless Coordinating Committee, with the concurrence of the Housing
and Community Development Division within the Department of Workforce Services, in
accordance with the requirements of Section 
35A-8-604
.
Section 2. Section 
35A-8-604
 is amended to read:
35A-8-604.
Uses of Homeless to Housing Reform Restricted Account.
(1) With the concurrence of the division and in accordance with this section, the
Homeless Coordinating Committee members designated in Subsection 
35A-8-601
(2) may
award ongoing or one-time grants or contracts funded from the Homeless to Housing Reform
Restricted Account created in Section 
35A-8-605
. 
(2) Before final approval of a grant or contract awarded under this section, the
Homeless Coordinating Committee and the division shall provide 
written
 information regarding
the grant or contract to, and shall consider the recommendations of, [
the Legislative
Management Committee and
] the Executive Appropriations Committee.
(3) As a condition of receiving money, including any ongoing money, from the
Homeless to Housing Reform Restricted Account, an entity awarded a grant or contract under
this section shall provide detailed and accurate reporting on at least an annual basis to the
division and the Homeless Coordinating Committee that describes:
(a) how money provided from the Homeless to Housing Reform Restricted Account
has been spent by the entity; and
(b) the progress towards measurable outcome-based benchmarks agreed to between the
entity and the Homeless Coordinating Committee before the awarding of the grant or contract.
(4) In determining the awarding of a grant or contract under this section, the Homeless
Coordinating Committee, with the concurrence of the division, shall:
(a) ensure that the services to be provided through the grant or contract will be
provided in a cost-effective manner;
(b) consider the advice of committee members designated in Subsection 
35A-8-601
(3);
(c) give priority to a project or contract that will include significant additional or
matching funds from a private organization
, nonprofit organization,
 or local government entity;
(d) ensure that the project or contract will target the distinct housing needs of one or
more at-risk or homeless subpopulations, which may include:
(i) families with children;
(ii) transitional-aged youth;
(iii) single men or single women;
(iv) veterans;
(v) victims of domestic violence;
(vi) individuals with behavioral health disorders, including mental health or substance
use disorders;
(vii) individuals who are medically frail or terminally ill;
(viii) individuals exiting prison or jail; or
(ix) individuals who are homeless without shelter; and
(e) consider whether the project will address one or more of the following goals:
(i) diverting homeless or imminently homeless individuals and families from emergency
shelters by providing better housing-based solutions;
(ii) meeting the basic needs of homeless individuals and families in crisis;
(iii) providing homeless individuals and families with needed stabilization services;
(iv) decreasing the state's homeless rate;
(v) implementing a coordinated entry system with consistent assessment tools to
provide appropriate and timely access to services for homeless individuals and families;
(vi) providing access to caseworkers or other individualized support for homeless
individuals and families;
(vii) encouraging employment and increased financial stability for individuals and
families being diverted from or exiting homelessness;
(viii) creating additional affordable housing for state residents;
(ix) providing services and support to prevent homelessness among at-risk individuals
and adults;
(x) providing services and support to prevent homelessness among at-risk children,
adolescents, and young adults; and
(xi) preventing the reoccurrence of homelessness among individuals and families exiting
homelessness.
(5) In addition to the other provisions of this section, in determining the awarding of a
grant or contract under this section to design, build, create, or renovate a facility that will
provide shelter or other resources for the homeless, the Homeless Coordinating Committee,
with the concurrence of the division[
:(a)
]
,
 may consider whether the facility will be:
[
(i)
] 
(a)
 located near mass transit services;
[
(ii)
] 
(b)
 located in an area that meets or will meet all zoning regulations before a final
dispersal of funds;
[
(iii)
] 
(c)
 safe and welcoming both for individuals using the facility and for members of
the surrounding community; and
[
(iv)
] 
(d)
 located in an area with access to employment, job training, and positive
activities[
; and
]
.
[
(b) may not award a grant or contract under this Subsection (5), unless the grant or
contract is endorsed by the county and, if applicable, the municipality where the facility will be
located.
]
(6) In accordance with Subsection (5), and subject to the approval of the Homeless
Coordinating Committee with the concurrence of the division, the following may recommend a
site location, acquire a site location, and hold title to real property, buildings, fixtures, and
appurtenances of a facility that provides or will provide shelter or other resources for the
homeless:
(a) the county executive of a county of the first class on behalf of the county of the first
class, if the facility is or will be located in the county of the first class in a location other than
Salt Lake City;
(b) the state;
(c) a nonprofit entity approved by the Homeless Coordinating Committee with the
concurrence of the division; and
(d) a mayor of a municipality on behalf of the municipality where a facility is or will be
located.
(7) Subject to the requirements of Subsections (5) and (6), on or before March 30,
2017, the county executive of a county of the first class shall make a recommendation to the
Homeless Coordinating Committee identifying a site location for one facility within the county
of the first class that will provide shelter for the homeless in a location other than Salt Lake
City.
[
(6)
] 
(8)
 (a) As used in this Subsection [
(6)
] 
(8)
, "homeless shelter" means a facility
that:
(i) is located within a municipality;
(ii) provides temporary shelter 
year-round
 to homeless individuals; 
and
(iii) has 
the
 capacity to provide temporary shelter to at least [
] 
 individuals per
night[
;
]
.
[
(iv) began operation on or before January 1, 2016;
]
[
(v) did not operate more than nine-months per year before January 1, 2016; and
]
[
(vi) currently operates year-round.
]
(b) In addition to the other provisions of this section, the Homeless Coordinating
Committee, with the concurrence of the division, may award a grant or contract:
(i) to a municipality to improve sidewalks, pathways, or roadways near a homeless
shelter to provide greater safety to homeless individuals; and
(ii) to a municipality to hire [
a
] 
one or more
 peace [
officer
] 
officers
 to provide greater
safety to homeless individuals.
[
(7)
] 
(9)
 The division may expend money from the Homeless to Housing Reform
Restricted Account to offset actual division and Homeless Coordinating Committee expenses
related to administering this section.
Section 3. 
Appropriation.
For Item 1 and Item 2, the following sums of money are appropriated for the fiscal year
beginning July 1, 2017, and ending June 30, 2018. These are additions to amounts previously
appropriated for fiscal year 2018. Under the terms and conditions of Title 63J, Chapter 1,
Budgetary Procedures Act, the Legislature appropriates the following sums of money from the
funds or accounts indicated for the use and support of the government of the state of Utah.
ITEM 1
To Fund and Account Transfers -- General Fund Restricted -- Homeless to
Housing Reform Restricted Account
From General Fund, One-time
$9,850,000
From General Fund
$250,000
Schedule of Programs:
General Fund Restricted -- Homeless to Housing Reform
Restricted Account $10,100,000
ITEM 2
To Department of Workforce Services -- Housing and Community Development
From General Fund Restricted -- Homeless to Housing
Reform Restricted Account, One-time
$9,850,000
From General Fund Restricted -- Homeless to Housing
Reform Restricted Account
$250,000
Schedule of Programs:
Homeless to Housing Reform Program $10,100,000
For Item 3, the following sums of money are appropriated for the fiscal year beginning
July 1, 2016, and ending June 30, 2017. These are additions to amounts previously appropriated
for fiscal year 2017. Under the terms and conditions of Title 63J, Chapter 1, Budgetary
Procedures Act, the Legislature appropriates the following sums of money from the funds or
accounts indicated for the use and support of the government of the state of Utah.
ITEM 3
To Fund and Account Transfers -- Olene Walker Housing Loan Fund
From General Fund, One-time
$700,000
Schedule of Programs:
Olene Walker Housing Loan Fund $700,000
The Legislature intends that:
(1) under Section 
63J-1-603
 appropriations provided under this section not lapse at the
close of fiscal year 2017 or 2018;
(2) the one-time appropriation to the Olene Walker Housing Loan Fund be used by the
Olene Walker Housing Loan Fund Board to provide a grant in fiscal year 2017 to a homeless
shelter and soup kitchen located in a city of the second class and in a county of the second class
that:
(a) is open year-round;
(b) provides meals and other services to homeless families and individuals; and
(c) has the capacity to provide temporary shelter to at least 250 individuals per night;
and
(3) any ongoing or future appropriations to the Homeless to Housing Reform
Restricted Account that may be awarded by the Homeless Coordinating Committee for the
purpose of funding one or more homeless shelters in a city of the first class or a county of the
first class are contingent upon city and county leaders working with stakeholders to close the
Salt Lake Community Shelter located at 210 South Rio Grande Street, Salt Lake City, Utah, on
or before June 30, 2019.
Section 4. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.