Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 505 (2025GS)

Sponsor

Rep. Eliason, Steve

Final action

Governor Signed 3/27/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• amends provisions related to the Homeless Shelter Cities Mitigation Restricted Account;
• amends provisions related to the winter response task force and winter response plan;
• enacts provisions related to unsanctioned camping;
• provides for a penalty if an actor is engaged in unsanctioned camping;
• enacts a provision related to facilities providing domestic violence services regarding certain funding requirements; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

28
35A-16-103
35A-16-403
35A-16-501.5
35A-16-502
35A-16-703
76-6-201
76-6-207
0
Homeless Services Revisions
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Eliason
Senate Sponsor: Todd Weiler
LONG TITLE
General Description:
This bill enacts provisions related to homeless services.
Highlighted Provisions:
This bill:
defines terms;
amends provisions related to the Homeless Shelter Cities Mitigation Restricted Account;
amends provisions related to the winter response task force and winter response plan;
enacts provisions related to unsanctioned camping;
provides for a penalty if an actor is engaged in unsanctioned camping; 
enacts a provision related to facilities providing domestic violence services regarding 
certain funding requirements; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
35A-16-403
, as last amended by Laws of Utah 2024, Chapters 204, 338
35A-16-501.5
, as last amended by Laws of Utah 2024, Chapter 338
35A-16-502
, as last amended by Laws of Utah 2024, Chapters 204, 338
35A-16-703
, as last amended by Laws of Utah 2024, Chapters 338, 381
76-6-201
, as last amended by Laws of Utah 2008, Chapter 366
ENACTS:
35A-16-103
, Utah Code Annotated 1953
76-6-207
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
35A-16-103
 is enacted to read:
35A-16-103
. Facilities Providing Domestic Violence Services.
Nothing in this chapter shall be construed to require a facility that provides domestic 
violence services, as that term is defined in Section 
80-2-102
, to act in a manner that conflicts 
with licensing obligations or requirements related to the receipt of state or federal funds.
Section 2, Section 
35A-16-403
 is amended to read:
35A-16-403
. Eligible municipality application process for Homeless Shelter 
Cities Mitigation Restricted Account funds.
(1)
An eligible municipality may apply for account funds to mitigate the impacts of the 
location of an eligible shelter through the provision of eligible services within the 
eligible municipality's boundaries.
(2)
(a)
The board shall set aside time on the agenda of a board meeting that occurs before 
the beginning of the next fiscal year to allow an eligible municipality to present a 
request for account funds for that next fiscal year.
(b)
An eligible municipality may present a request for account funds by:
(i)
sending an electronic copy of the request to the board before the meeting; and
(ii)
appearing at the meeting to present the request.
(c)
The request described in Subsection (2)(b)(i) shall contain:
(i)
a proposal outlining the need for eligible services, including a description of each 
eligible service for which the eligible municipality requests account funds;
(ii)
a description of the eligible municipality's proposed use of account funds;
(iii)
a description of the outcomes that the funding would be used to achieve, 
including indicators that would be used to measure progress toward the specified 
outcomes;
 and
(iv)
the amount of account funds requested
.
; and
(v)
results from the previous fiscal year, including:
(A)
a summary of the amount of account funds that the eligible municipality 
expended and the eligible municipality's specific use of those funds;
(B)
an evaluation of the eligible municipality's effectiveness in using the account 
funds to address the eligible municipality's needs due to the location of an 
eligible shelter;
(C)
an evaluation of the eligible municipality's progress regarding the outcomes 
and indicators described in Subsection 
(2)(c)(iii)
; and
(D)
any proposals for improving the eligible municipality's effectiveness in using 
account funds that the eligible municipality may receive in future fiscal years.
(d)
(i)
On or before September 30, an eligible municipality that received account 
funds during the previous fiscal year shall file electronically with the board a 
report that includes:
(A)
a summary of the amount of account funds that the eligible municipality 
expended and the eligible municipality's specific use of those funds;
(B)
an evaluation of the eligible municipality's effectiveness in using the account 
funds to address the eligible municipality's needs due to the location of an 
eligible shelter;
(C)
an evaluation of the eligible municipality's progress regarding the outcomes 
and indicators described in Subsection (2)(c)(iii); and
(D)
any proposals for improving the eligible municipality's effectiveness in using 
account funds that the eligible municipality may receive in future fiscal years.
(ii)
(d)
The board may request additional information as needed to make the evaluation 
described in Subsection (2)(e).
(e)
The board shall evaluate a request made in accordance with this Subsection (2) and 
may take the following factors into consideration in determining whether to approve 
or deny the request:
(i)
the strength of the proposal that the eligible municipality provided to support the 
request;
(ii)
if the eligible municipality received account funds during the previous fiscal year, 
the efficiency with which the eligible municipality used any account funds during 
the previous fiscal year;
(iii)
the availability of funding for the eligible municipality under Subsection 
35A-16-402
(4);
 and
(iv)
the availability of alternative funding for the eligible municipality to address the 
eligible municipality's needs due to the location of an eligible shelter; and
(v)
(iv)
any other considerations identified by the board.
(f)
After making the evaluation described in Subsection (2)(e), and subject to Subsection 
(2)(g), the board shall vote to either approve or deny an eligible municipality's 
request for account funds.
(g)
(i)
In addition to the evaluation under Subsection (2)(e), the board may not 
approve an eligible municipality's request to receive account funds under this 
section unless the eligible municipality:
(A)
enforces an ordinance that prohibits camping;
 and
(B)
enforces an ordinance or other applicable state law prohibiting conduct that
:
(I)
impedes or blocks traffic in violation of Subsection 
41-6a-1009
(4); 
and
or
(II)
impedes sidewalks and building entrances in violation of the Americans 
with Disabilities Act of 1990, 42 U.S.C. Sec. 12102.
(C)
demonstrates improvement in reducing the conduct described in Subsections 
(2)(g)(i)(A) and (B).
(ii)
In determining whether an eligible municipality has demonstrated 
improvement
compliance
 under Subsection 
(2)(g)(i)(C), 
(2)(g)(i), 
the board shall consider:
(A)
the specific measures taken by the municipality to 
reduce
enforce an 
ordinance or other applicable state law prohibiting
 the conduct described in 
Subsections
Subsection
 (2)(g)(i)
(A) and (B), 
, 
and the effectiveness of those 
measures in 
reducing
mitigating
 the conduct;
(B)
the strategies utilized by the municipality in managing and improving public 
spaces within the municipality, and the impact of these strategies on safety, 
cleanliness, and the well-being of the community; and
(C)
the gap between the number of individuals experiencing homelessness within 
the municipality and the availability of beds at homeless shelters to which the 
individuals experiencing homelessness have reasonable access, and any 
changes to this gap over time.
(iii)
The board may coordinate with the Department of Public Safety for the receipt 
of quantitative and qualitative data to determine compliance with applicable state 
and local laws.
(iv)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, 
and with the approval of the board, the office shall make rules establishing 
standards for the information required by an eligible municipality to demonstrate 
improvement
compliance
 under Subsection 
(2)(g)(i)(C).
(2)(g)(i).
(h)
If the board approves an eligible municipality's request to receive account funds 
under Subsection (2)(f), the office, subject to appropriation, shall calculate the 
amount of funds for disbursement to the eligible municipality under Subsection 
35A-16-402
(4).
(3)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 
office shall make rules governing the process for calculating the amount of funds that an 
eligible municipality may receive under Subsection 
35A-16-402
(4).
Section 3, Section 
35A-16-501.5
 is amended to read:
35A-16-501.5
. County winter response task force.
(1)
Subject to the requirements of Section 
35A-16-502
, the council of governments of each 
applicable county shall annually convene a county winter response task force.
(2)
(a)
The task force for Salt Lake County shall consist of the following 14 voting 
members:
(i)
the chief executive officer of Salt Lake County, or the chief executive officer's 
designee;
(ii)
the chief executive officer, or the chief executive officer's designee, of each of the 
following 11 municipalities:
(A)
Draper;
(B)
Midvale;
(C)
Millcreek;
(D)
Murray;
(E)
Salt Lake City;
(F)
Sandy;
(G)
South Jordan;
(H)
South Salt Lake;
(I)
Taylorsville;
(J)
West Jordan; and
(K)
West Valley City; and
(iii)
the chief executive officer, or the chief executive officer's designee, of any two 
municipalities located in Salt Lake County that are not described in Subsection 
(2)(a)(ii), appointed by the conference of mayors of Salt Lake County.
(b)
A task force for an applicable county not described in Subsection (2)(a) shall consist 
of the following voting members:
(i)
the chief executive officer of the applicable county, or the chief executive officer's 
designee; and
(ii)
the chief executive officer, or the chief executive officer's designee, of a number 
of municipalities located in the applicable county that the conference of mayors of 
the applicable county considers to be appropriate, appointed by the conference of 
mayors of the applicable county.
(3)
In addition to the voting members required in Subsection (2), a task force shall include 
the following nonvoting members:
(a)
the coordinator, or the coordinator's designee;
(b)
one representative of the Utah League of Cities and Towns, appointed by the Utah 
League of Cities and Towns, or the representative's designee;
(c)
(b)
one representative of the Utah Association of Counties, appointed by the Utah 
Association of Counties, or the representative's designee;
(d)
(c)
two individuals
one individual
 experiencing homelessness or having previously 
experienced homelessness, appointed by the applicable local homeless council;
(e)
(d)
three representatives of the applicable local homeless council, appointed by the 
applicable local homeless council, or the representative's designee; and
(f)
(e)
any other individual appointed by the council of governments of the applicable 
county.
(4)
(a)
Any vacancy on a task force shall be filled in the same manner as the appointment 
of the member whose vacancy is being filled.
(b)
Each member of a task force shall serve until a successor is appointed.
(5)
A majority of the voting members of a task force constitutes a quorum and may act on 
behalf of the task force.
(6)
A task force shall:
(a)
select officers from the task force's members as the task force finds necessary; and
(b)
meet as necessary to effectively conduct the task force's business and duties as 
prescribed by statute.
(7)
A task force may establish one or more working groups as is deemed appropriate to 
assist on specific issues related to the task force's duties, including a working group for 
site selection of temporary winter response shelters.
(8)
(a)
A task force member may not receive compensation or benefits for the task force 
member's service.
(b)
A task force member may receive per diem and travel expenses in accordance with:
(i)
Section 
63A-3-106
;
(ii)
Section 
63A-3-107
; and
(iii)
rules made by the Division of Finance in accordance with Sections 
63A-3-106
and 
63A-3-107
.
(9)
The applicable county for which a task force is convened shall provide administrative 
support to the task force.
(10)
Meetings of the task force are not subject to Title 52, Chapter 4, Open and Public 
Meetings Act.
Section 4, Section 
35A-16-502
 is amended to read:
35A-16-502
. Winter response plan required -- Contents -- Review -- 
Consequences after determination of noncompliance.
(1)
(a)
The task force for an applicable county that is a county of the first class shall 
annually prepare and submit to the office a winter response plan on or before August 
1 in calendar years 2023, 2024, and 2025.
(b)
Except as provided in Subsection (3), the task force for an applicable county not 
described in Subsection (1)(a) shall annually prepare and submit to the office a winter 
response plan on or before August 1 in calendar years 2024 and 2025.
(2)
The winter response plan shall:
(a)
provide assurances to the office that the applicable county will meet the applicable 
county's targeted winter response plan or other accommodations during the 
subsequent winter response period by establishing plans for the requisite need during 
the subsequent winter response period;
(b)
ensure that any temporary winter response shelter planned for operation within the 
applicable county will meet all local zoning requirements;
(c)
include a detailed transportation plan, budget, revenue sources, including in-kind 
sources, and any other component specified by the office under Subsection (3) as a 
requirement for the applicable county to achieve compliance with this section;
(d)
include a detailed county plan for a code blue event as defined in Section 
35A-16-701
, 
including the number and location of available beds for individuals experiencing 
homelessness for the duration of the code blue event; and
(e)
be approved by the chief executive officer of:
(i)
any municipality located within the applicable county in which a temporary winter 
response shelter is planned for operation during the subsequent winter response 
period; and
(ii)
the applicable county, if a temporary winter response shelter is planned for 
operation within an unincorporated area of the county.
(3)
The requirements of Subsection (1)(b) do not apply to an applicable county if:
(a)
on or before August 1, 2024, the applicable county submits to the office:
(i)
documentation demonstrating that the applicable county is developing a plan to 
address the needs of individuals experiencing homelessness within the county 
throughout the entire year, as opposed to only during the winter response period; 
and
(ii)
a county plan for a code blue event as described in Subsection (2)(d);
(b)
on or before August 1, 2025, the applicable county submits to the office the 
year-round plan developed under Subsection (3)(a)(i); and
(c)
the office determines that the applicable county's year-round plan meets the 
requirements of a winter response plan as described in Subsection (2) for the entire 
year.
(4)
To assist a task force in preparing a winter response plan, by no later than March 30 of 
the year in which the winter response plan is due, the applicable local homeless council, 
in coordination with the office, shall provide the following information to the task force:
(a)
the targeted winter response bed count;
(b)
the requirements for the plan described in Subsection (2)(d);
(c)
the availability of funds that can be used to mitigate the winter response plan; and
(d)
any component required for the winter response plan to achieve compliance that is 
not described in Subsection (2).
(5)
In preparing the winter response plan, the task force shall coordinate with:
(a)
the office;
(b)
the applicable local homeless council;
(c)
for Salt Lake County, the conference of mayors for Salt Lake County; and
(d)
for an applicable county not described in Subsection (5)(c), the council of 
governments for the applicable county.
(6)
In conducting site selection for a temporary winter response shelter under a winter 
response plan, the task force shall
 prioritize
:
(a)
utilize objective data to prioritize locations, including:
(i)
point in time count data for the applicable county; and
(ii)
blind reviews of possible facilities based on proximity to mass transit, 
transportation costs, and necessary facility updates; and
(b)
prioritize:
(a)
(i)
a site located more than one mile from any homeless shelter;
(b)
(ii)
a site located more than one mile from any permanent supportive housing, as 
verified by the office; and
(c)
(iii)
a site located in a municipality or unincorporated area of the applicable 
county that does not have a homeless shelter.
(7)
(a)
On or before August 15 of the year in which a winter response plan is submitted, 
the office shall:
(i)
conduct a review of the winter response plan for compliance with this section; and
(ii)
send a written notice of the office's determination regarding compliance to
:
(A)
the task force for the applicable county
;
.
(B)
the council of governments for the applicable county;
(C)
the applicable local homeless council; and
(D)
the legislative body of each municipality located within the applicable county.
(b)
For purposes of Section 
35A-16-502.5
, an applicable county is in noncompliance 
with this section if:
(i)
the applicable county's task force fails to submit a timely winter response plan 
under this section; or
(ii)
the office determines that the winter response plan prepared for the applicable 
county does not comply with this section.
(8)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 
office may make rules establishing requirements for an applicable county's compliance 
with this section.
Section 5, Section 
35A-16-703
 is amended to read:
35A-16-703
. Provisions in effect for duration of code blue alert.
Subject to rules made by the Department of Health and Human Services under 
Subsection 
35A-16-702
(4), the following provisions take effect within an affected county for 
the duration of a code blue alert:
(1)
a homeless shelter may expand the homeless shelter's capacity limit by up to 35% to 
provide temporary shelter to any number of individuals experiencing homelessness, so 
long as the homeless shelter is in compliance with the applicable building code and fire 
code;
(2)
a homeless shelter, in coordination with the applicable local homeless council, shall 
implement expedited intake procedures for individuals experiencing homelessness who 
request access to the homeless shelter;
(3)
a homeless shelter may not deny temporary shelter to any individual experiencing 
homelessness who requests access to the homeless shelter for temporary shelter unless 
the homeless shelter is at the capacity limit described in Subsection (1) or if a reasonable 
individual would conclude that the individual presents a danger to public safety;
(4)
any indoor facility owned by a private organization, nonprofit organization, state 
government entity, or local government entity may be used to provide temporary shelter 
to individuals experiencing homelessness and is exempt from the licensure requirements 
of Title 26B, Chapter 2, Licensing and Certifications, for the duration of the code blue 
alert and seven days following the day on which the code blue alert ends, so long as the 
facility is in compliance with the applicable building code and fire code and the 
governing body of the organization or the legislative body of the government entity that 
owns the facility approves the use;
(5)
homeless shelters, state and local government entities, and other organizations that 
provide services to individuals experiencing homelessness 
shall
may
 coordinate street 
outreach efforts to distribute to individuals experiencing homelessness any available 
resources for survival in cold weather, including clothing items and blankets;
(6)
a state or local government entity, including a municipality, law enforcement agency, 
and local health department, may enforce a camping ordinance but may not seize from 
individuals experiencing homelessness any personal items for survival in cold weather, 
including clothing, blankets, tents, and sleeping bags; and
(7)
a municipality or other local government entity may not enforce any ordinance or policy 
that limits or restricts the ability for the provisions described in Subsections (1) through 
(5) to take effect, including local zoning ordinances.
Section 6, Section 
76-6-201
 is amended to read:
76-6-201
. Definitions.
As used in this part:
(1)
(a)
"Building," in addition to its ordinary meaning, means any watercraft, aircraft, 
trailer, or other structure or vehicle adapted for overnight accommodation of persons 
or for carrying on business and includes:
(i)
each separately secured or occupied portion of the structure or vehicle; and
(ii)
each structure appurtenant to or connected with the structure or vehicle.
(b)
"Building" does not include a railroad car.
(2)
"Dwelling" means a building which is usually occupied by a person lodging in the 
building at night, whether or not a person is actually present.
(3)
"Enter or remain unlawfully" means a person enters or remains in or on any premises 
when:
(a)
at the time of the entry or remaining, the premises or any portion of the premises are 
not open to the public; and
(b)
the actor is not otherwise licensed or privileged to enter or remain on the premises or 
any portion of the premises.
(4)
"Enter" means:
(a)
intrusion of any part of the body; or
(b)
intrusion of any physical object under control of the actor.
(5)
"Railroad car":
(a)
in addition to its ordinary meaning, includes a sleeping car or any container or trailer 
that is on a railroad car; and
(b)
includes only a railroad car that is operable and part of an ongoing railroad operation.
(6)
(a)
"State property" means real property owned by or leased to the state.
(b)
"State property" includes real property owned by, leased to, or managed by the 
School and Institutional Trust Lands Administration created in Section 
53C-1-201
.
(c)
"State property" does not include property owned by or leased to a political 
subdivision of the state.
Section 7, Section 
76-6-207
 is enacted to read:
76-6-207
. Unsanctioned camping on state property.
(1)
(a)
As used in this section, "camping" means:
(i)
erecting or occupying structures, including tents, temporary structures, 
recreational vehicles, travel trailers, or motor vehicles, for camping or other living 
accommodation activities, including sleeping, for any period of time;
(ii)
using camping-related items, including cots, beds, sleeping bags, or hammocks, 
for sleeping or other living accommodation activities; or
(iii)
cooking using a camp fire, propane stove, or other heat-producing portable 
cooking equipment.
(b)
Terms defined in Sections 
76-1-105.1
 and 
76-1-201
 apply to this section.
(2)
An actor commits unsanctioned camping if the actor is camping on state property unless 
the state expressly authorizes camping on the state property.
(3)
A violation of Subsection 
(2)
 is a class C misdemeanor.
Section 8. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-13-25 2:41 PM