Housing (Homelessness)

Existing law establishes various programs to assist homeless individuals, including the Homeless Emergency Aid Program, the Homeless Housing, Assistance, and Prevention Program, and the Regionally Coordinated Homelessness Housing, Assistance, and Prevention Program. This bill would prohibit an employee of a local government or law enforcement agency, when acting in their official capacity, from transporting and dropping off, or arranging for or funding the transport and drop off, of a homeless individual within a jurisdiction unless the employee first coordinates shelter or long-term housing for the homeless individual, as defined and specified. This bill would make a local government or law enforcement agency liable for a civil penalty of $10,000 for each violation of these provisions. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

The California Constitution authorizes a county or city to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws. Existing law establishes procedures for the enactment of ordinances by counties and cities and makes a violation of a county or city ordinance, as applicable, a misdemeanor unless by ordinance it is made an infraction. This bill would prohibit a local jurisdiction from adopting a local ordinance, or enforcing an existing ordinance, that prohibits a person or organization from providing support services, as specified, to a person who is homeless or assisting a person who is homeless with any act related to basic survival. The bill would define various terms for these purposes. The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.