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HomeMy WebLinkAbout3/2/2016 - STAFF REPORTS - 5.D. ACTION ALERT!! SB 876 (Liu). Enforcement of Local Ordinances AMENDED 2/22/16 OPPOSE Background for SB 876(Liu): This measure would preempt local authority to address important issues affecting public health and safety in public spaces and on private property that is held open to the public, including not limited to, plazas, courtyards, parking lots,sidewalks, public transportation facilities, public buildings,shopping centers and parks. In such areas, homeless individuals would be empowered to occupy such spaces, includingwith tents and other shelter,while reducing access to other members of the public. Despite this bill being well-intended,56 876(Liu)would not solve the challenges of homelessness in our state and within our communities. The bill contains no solutions for homelessness. It offers no new programs, no funding for housing, and no effort to improve services. In fact, the bill on page 3, line 16, specifically states, "Passing this Act will not reduce homelessness." The recent amendments offered in the bill still remove local authority to enforce ordinances and could exacerbate the problem. Local agencies must continue to be able to protect the public, health,safety and welfare of their communities. This measure will not make a positive impact in the effort to address chronic homelessness. ➢ WE SUPPORT ALTERNATIVE LEGISLATION: While we oppose this measure's approach, the League is committed to supporting efforts across the state and in our communities that address the homeless issue in a constructive manner. We are encouraged by Senator de Leon's recent"No Place Like Home"proposal that will provide much needed funding for housing for the mentally ill homeless, and augmentations to existing shelter resources. ➢ In 2016 the League is engaged in many efforts to respond to the challenge of housing affordability and addressing chronic homelessness: http://www.cacities.org/Top/News/News-Articles/2016/Feb rua rv/League-Ado pts-H ous i ng- Afford a b ility-as-a-Strategic ACTION: SB 876 is expected to be scheduled to be heard in Senate Transportation and Housing Committee in the coming weeks. 1) If you have a Senator on either of these committees, please CALL your Senator as soon as possible and urge their opposition to this measure. 2) Please send a letter of CITY OPPOSITION to your Senator.Sample letter is attached or you may use the League's Action Center to submit a letter online. SENATE TRANSPORTATION AND HOUSING MEMBERS Member I'District Room-1 Phone f Allen. Ben 26 12054 916651 4026 f Bates. Patricia 36 14048 916 651 4036 a3�o z�zo r� Beall. Jim(Chair) 15 5066 916 651 4015 Cannella,Anthony(Vice Chair) 12 5082 iF916 651 4012 _-Gaines_Ted --. 1 3070 916 651 4001 Galaiani. Cathleen 5 2059 916651 4005 Leyva. Connie 20 4061 916651 4020 McGuire. Mike 2 5064 916651 4002 Mendoza Tony 32 r5061 li 916651 4032 Roth Richard 31 4034 916651 4031 j Wieckowski. Bob --'�10 3086 916651 4010 Talking Points: • Removing local control to address issues associated with the homeless is the wrong approach. It will make things more difficult in my community and does absolutely nothing to help people get off the streets. • The key to getting people off of the streets is to provide more shelter. We need resources: permanent housing beds and accompanying social services such as mental health treatment,job training, addiction counseling,etc. Cities and other local agencies need more funding and flexibility to provide these proven programs.Additionally,these services should be provided as a coordinated effort. Removing local enforcement authority as proposed in SB 876 will do nothing to help the problem, and would actually undermine existing efforts. • As an alternative, the Senate should support Senator De Leon's proposal and other options that provide us something constructive to work with. • Removing local authority would also remove incentives for some chronically homeless to take advantage of existing resources and services being offered. For example,some local jurisdictions host legal clinics where homeless clinic participants can have citations and related fines removed from their records in exchange for community service and for taking advantage of housing and other services. • (Give Examples of things your city is doing) Many cities and counties are finding solutions to combating homelessness;examples consist of building and developing permanent supportive housing,working with counties and non-profits, or offering an information center consisting of difference services that can assist in a variety of ways. Pilot programs have been initiated in northern California that have evidence showing how successful having permanent housing as an option can be for helping the homeless end living on the streets. ***On City Letterhead** DATE The Honorable Senator Carol Liu California State Senate State Capitol, Room 5097 Sacramento, CA 95814 FAX: (916) 651-4925 RE: SB 876(Liu)Enforcement of Local Ordinances Notice of OPPOSITION,as Amended 2/22/16 Dear Senator Liu: On behalf of the City/Town of I regret to inform you of our opposition of Senate Bill 876 (Liu). This measure is preempting local authority to address important issues affecting public health and safety in public spaces and on private property that is held open to the public, including not limited to, plazas, courtyards,parking lots, sidewalks, public transportation facilities, public buildings, shopping centers and parks. We recognize that this measure is well intentioned; however, local agencies must continue to be able to protect the public, health, safety and welfare of their communities. Moreover,we do not believe this measure will make a positive impact in the effort to address chronic homelessness. Removing local enforcement authority as you propose in SB 876 will do nothing to help the problem, and would actually undermine existing efforts. SB 876 contains no solutions for ending homelessness. In fact, the bill on page 3, line 16, specifically states, "Passing this Act will not reduce homelessness."The amendments offered in the bill still remove local authority to enforce ordinances and could exacerbate the problem by removing incentives for some to take advantage of existing resources and services being offered. The key to getting people off of the streets is to provide more shelter. We need resources: permanent housing beds and accompanying social services such as mental health treatment,job training,addiction counseling, etc. Cities and other local agencies need more funding and flexibility to provide these proven programs. [INSERT.YOUR COMMUNITY'S EFFORTS IN SOLVIAIG FIOMELESSNESS Once again,the City/Town of regrets to inform you of our opposition to SB 876. Sincerely, NAME TITLE CIT1r/TOWNbf. cc: Your_Senator&Assembly;Member Alison Dinmore, Consultant, Senate Committee on Transportation and Housing, fax: (916) 445- 2209 Doug Yoakam, Housing Consultant, Senate Republican Caucus, fax: (916)414-3681 Your League Regiohaj Public Affairs 7vfauager(via email) Meg Desmond, League of California Cities, mdesmondnae cacities.org SB876 SenateBill-AMENDED http://www.leginfo.ca.gov/pub/15-16/bill/sen/sb-0851-0900/sb 876 b... AMENDED IN SENATE FEBRUARY 22, 2016 SENATE BILL No. 876 Introduced by Senator Liu January 14, 2016 An act to add Part 2.2 (commencing with Section 53.8) to Division 1 of the Civil Code, and to amend Section 11135 eek and to add Section 11139.2 to, the Government Code, relating to homelessness. LEGISLATIVE COUNSEL'S DIGEST SB 876, as amended, Liu. Homelessness. Existing law provides that no person shall, on the basis of race, national origin, ethnic group identification, religion, age, sex, sexual orientation, color, genetic information, or disability, be unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination under, any program or activity that is conducted, operated, or administered by the state or by any state agency, is funded directly by the state, or receives any financial assistance from the state. ThisA34ll-weul Vand thosepnovisieei-ssto al. ifielude exeluslon or disc +rn' ion and municipal agencies that reeeive state funds frem enacting oF enfoFe ng a law that bans resting In a public space, as def ned. The bill would afford persons experiencing homelessness the right to use public spaces without discrimination based on their housing status and describe basic human and civil rights that may be exercised without being subject to criminal or civil sanctions, including the right to use and to move freely in public spaces, the right to rest in public spaces and to protect oneself from the elements, the right to eat in any public space in which having food is not prohibited, and the right to perform religious observances in public spaces, as specified. Because the bill would require eral ageneles to perform add tieRal dut es, mandated I, eal ..Fe ._-.. The bill would state the intent of the Legislature that these provisions be interpreted broadly so as to prohibit policies or practices that are discriminatory in either their purpose or effect. The bill would authorize a person whose rights have been violated pursuant to these provisions to enforce those rights in a civil action in which the court may award the prevailing party injunctive and declaratory relief, restitution, damages, statutory damages of $1,000 per violation, and fees and costs. The bill would also require all applicants for the United States Department of Housing and Urban Development's Continuum of Care Homeless Assistance Program to annually provide to the Department of Housing and Community Development's Division of Housing Policy Development a copy of its application for funding from the United States Department of Housing and Urban Development that includes the organization's response to the application question regarding steps that its community is taking to reduce criminalization of homelessness. Because the bill would require local agencies to perform additional duties, it would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. The people of the State of California do enact as follows: 1 of 6 3/2/2016 2:43 PM S13876 Senate Bill—AMENDED http://www.leginfo.ca.gov/pub.i15-I6/bill/seWsb 0851-0900/sb 876 b... P2 1 SECTION 1. The Legislature finds and declares all of the 2 following: 3 (a) According to the United States Department of Housing and 4 Urban Development's report to Congress, 115,738 people were 5 estimated to be homeless in California in 2014, a rate that is 6 unprecedented following a deep and prolonged economic recession, 7 a severe shortage of safe and affordable housing, a failed veteran P3 1 and civilian mental health system, and a diminished social safety 2 net. 3 (b) According to the United States Department of Education, 4 284,086 schoolchildren were known to have experienced 5 homelessness in the 2013-14 school year. 6 (c) Homelessness is an independent risk factor for a number of 7 illnesses, making people more susceptible to increased health 8 problems due to high stress, sleep deprivation, unsanitary 9 surroundings, lack of access to hygiene facilities, and a myriad of 10 other situational stressors experienced by people without stable 11 housing. Subsequently, people who are chronically homeless are 12 more medically frail and three to four times more likely to die 13 prematurely than their housed counterparts. 14 (d) Throughout California, local governments have enacted 15 ordinances that make it illegal to rest or receive nourishment in 16 public spaces. 17 (e) Ending homelessness in California will require significant 18 state and federal resources and there is ample evidence that policies 19 that invest in ending homelessness, rather than criminalizing and 20 marginalizing people who are experiencing homelessness, 21 adequately balance the needs of all parties: community residents, 22 government agencies, businesses, and men and women who are 23 experiencing homelessness. 24 (f) Passing this act will not reduce homelessness, but neither 25 will local ordinances that criminalize homelessness. Instead, 26 ordinances that criminalize homelessness result in increased 27 incarceration rates and financial indebtedness of people who simply 28 have no means of support and prolong homelessness by making 29 it more difficult for people to secure housing, employment, and 30 medical care. Criminalization policies further marginalize men 31 and women who are experiencing homelessness, fuel inflammatory 32 attitudes, and may even unduly restrict constitutionally protected 33 liberties. 34 (g) That is why, on September 18, 2015, the United States 35 Department of Housing and Urban Development included in the 36 annual Notice of Funding Availability for the Continuum of Care 37 funding competition, provisions that would award additional points 38 to any application that could include steps the community is taking 39 to reduce criminalization of homelessness. P4 1 (h) It is also why, on August 6, 2015, the United States 2 Department of Justice submitted a rare statement of interest in a 3 United States District Court in opposition to the criminalization 4 of people who are homeless, calling it cruel and unusual 5 punishment to punish someone for a crime with the potential for 6 imprisonment and a violation of constitutional rights. 7 (i) While these ordinances apply to all residents, they 8 disproportionately impact people without homes, who have no 9 private place to rest or seek nourishment, and are often selectively 10 applied by law enforcement to people based upon their appearance 11 or an assumption of homelessness. 12 (j) In practice, these ordinances deprive persons experiencing 13 homelessness and those who may be perceived as homeless of a 14 safe and legal place to rest and seek nourishment, which adversely 2 of 6 3/2/2016 2:43 PM S13876 SemteBill—AMENDED http://www.leginfo.ca.gov/pub/15-16/bill/sen/sb_0851-0900/sb 876 b... 15 impacts their health and well-being. 16 (k) Sleep deprivation impairs cognitive processes and puts one 17 at risk for obesity, heart disease, heart attack, heart failure, irregular 18 heartbeat, high blood pressure, stroke, diabetes, and depression. 19 People who are homeless suffer from sleep deprivation and, absent 20 a place to rest, they suffer it more frequently. 21 (/) Because current practices have denied the right to adequate 22 legal representation to people cited or arrested while resting or 23 sharing food, homeless persons are often denied relief or damages 24 through the courts. 25 (m) Both the federal government, through its Interagency 26 Council on Homelessness, and the United Nations have recognized 27 that discrimination and criminalization violate a homeless person's 28 human rights and have called upon state and local governments to 29 cease enactment and enforcement of those laws. 30 (n) Homelessness and the increasing criminalization of 31 homelessness and discrimination against those experiencing 32 homelessness are widespread throughout California and are matters 33 of statewide concern. 34 (o) Section 1 of Article I of the California Constitution provides 35 that"[a]ll people are by nature free and independent and have 36 inalienable rights. Among these are enjoying and defending life 37 and liberty, acquiring, possessing, and protecting property, and 38 pursuing and obtaining safety, happiness, and privacy,"without 39 qualification as to whether or not a person is, or appears to be, 40 homeless. P5 1 (p) Subdivision (a) of Section 7 of Article I of the California 2 Constitution provides that"[a] person may not be deprived of life, 3 liberty, or property without due process of law or denied equal 4 protection of the laws ... ." 5 (q) Concordant with this fundamental belief, a person should 6 not be subject to discrimination based on his or her income, housing 7 status, or ability or desire to appear housed. Therefore, it is the 8 intent of the Legislature in enacting this legislation to protect the 9 rights of all Californians, regardless of their housing status, and 10 ameliorate the adverse effects caused by the criminalization of 11 homelessness on our communities and our citizens. 12 (r) Decriminalization of rest allows municipal governments to 13 redirect resources from local enforcement activities to activities 14 that address the root causes of homelessness and poverty. 15 SEC. 2. Part 2.2 (commencing with Section 53.8) is added to 16 Division 1 of the Civil Code, to read: 17 18 PART 2.2. HOMELESS PERSONS 19 20 53.8. For purposes of this part, the following definitions shall 21 apply: 22 (a) "Homeless persons," "homeless people,"or"persons 23 experiencing homelessness" means those individuals or members 24 of families who lack a fixed, regular, and adequate nighttime 25 residence, including people defined as homeless using the criteria 26 established in the Homeless Emergency Assistance and Rapid 27 Transition to Housing (HEARTH) Act of 2009. 28 (b) "Motor vehicle" Fneans a Figeter veh ele as defined on Section 29 41-5 of the "rR.�_oeh:c'e Geic- 20 (1e) 31 (b) "Public space" means any property that is owned by a 32 government entity or any property upon which there is an easement 33 for public use and that is held open to the public, including, but 3 of 3/2/2016 2:43 PM SB876 SenateBill—AMENDED littp://www.leginfo.ca.gov/pub/15-16/bill/ser/sb_0851-0900/sb_876_b... 34 not limited to, plazas, courtyards, parking lots, sidewalks, public 35 transportation facilities and services, public buildings, shopping 36 centers, and parks. 37 (d) "Recreational vehicle" means a FeeFeatienal vehicle as 38 defined in SeEtd 1 on1 n of he u..Tcmth and-..`-safety-"G6de-. 29 {e} P6 1 (c) "Rest" means the state of not moving, holding certain 2 postures that include, but are not limited to, sitting, standing, 3 leaning, kneeling, squatting, sleeping, or lying. 4 53.81. (a) Persons-It is the intent of the Legislature that this 5 section be interpreted broadly so as to prohibit policies or practices 6 that are discriminatory in either their purpose or effect. 7 (b) Persons experiencing homelessness shall be permitted to 8 use public space in the ways described in this section at any time 9 that the public space is open to the public without discrimination 10 based upon their housing status, and without being subject to 11 criminal, civil, or administrative penalties. Permitted use of the 12 public space include, but are not limited to, all of the following: 13 (1) Free movement without restraint. 14 (2) Sleeping or resting, and protecting onself from the elements 15 while sleeping or resting in a nonobstructive manner. 16 (3) Eating, sharing, accepting, or giving food in a space in which 17 having food is not otherwise generally prohibited. 18 (4) Praying, meditating, worshiping, or practicing religion. 1® (W 20 (c) Nothing in this section shall prevent law enforcement from 21 enforcing laws to protect the right of people to use the s dewalk, 22 sidewalk pursuant to the Americans with Disabilities Act of 1990 23 (42 U.S.C. Sec. 12101 et seq.). 20 {e) 25 (d) Nothing in this section shall prevent law enforcement from 26 enforcing the Penal Code, except subdivision (e) of Section 647 27 of the Penal Code, so far as it prohibits rest. 28 53.82. (a) Any person whose rights have been violated pursuant 29 to this part may enforce those rights in a civil action. 30 (b) The court may award appropriate injunctive and declaratory 31 relief, restitution for loss of property or personal effects and 32 belongings, actual damages, compensatory damages, exemplary 33 damages, statutory damages of one thousand dollars ($1,000) per 34 violation, and reasonable attorney's fees and costs to a prevailing 35 party. 36 SEC—. 3— Section 11135 of the Government Code is amended 37 to read! 38 =1135. (a) NE) peFsen in the State Of Galif9ffiia shall, en the 39 , 40 , P7 1 or homeless status, be unlawfully den ed full and equal aeeess te 2 the benefits ef, or be unlawfully subjected to discrim nation under, 3 ", , 5 ndal assistance from the state. Notwithstandaing 6 Section 11009, this seetien applies to the --.:._...:_ State 7 UffweFsfty 8 (b) With Fespeet to diseriminatien an the bas's ef disability, 9 Programs and activiUes subject'a s bdi,: n (a) shall ...,ee10 « FII V LLTT 11 , 4 of 6 3/2/2016 2:43 PM SB 876 Senate Bill-AMENDED http://www.leginfo.ca.gov/pub/15-16/bill/ser/sb 0851-0900/sb 876 b... 12 and the federal Pales and may,. lations adopted 13 _. __., _..__r_ that if the .'aws ef _..:_ state prescribe .._...ngef 14 proteetions and ' i©Fts, the programs and aetivitles subjeet 15 16 pfehibit errs 17 {cr(-1 , " 1 18 V, as defined in Section 12926. 20 Legislature 21 further-finds 5-ofthe 22 2991 02 Regular Session (Chapt-er of the Statutes of 2002), 23 t was the to apply subdivisien (d) to 24 the 25 sdbd visions 1a State 26 27 Cal f a m'u State University ubjed « paragraph (2) of 28 subdivision ( itis not theinte _- -«.� re to nerease 29 the eost a'developing or procuring eleetrenle and information 30 31 determining the east of developing or pfecuringeleetron;e er 32 infOFmatiam technelogy, rzens,der whetliefAecfino4ogy that meet3 33 the standards-appl isian 34 36 of this te s-fequired 37 by eAsting law, inducling this seetion, Title 11 ef the federal 38 Angercans with n•_-v 'v„_ Act of 1990 (42 H.S.C. See. '2191 39 and-following), and Seet'on «_ an Act v inn of the Rehabi it' c 1r r397 Tvrrncrr 40 P8 1 (d) (1) The Legislature finds and declares 2 utII:ze e,eetfean-essential 3 funetmen fer sueeessful employment in the eurrent W8FIE world. 4 6 disabilities, partieularly blind and visually mpaireA an� deaf and 7 hard of 8 pfaEw ng,-maintat 9 10 other entities, shall remply with the aecess bility-requiremems-ef 11 Seib_. 508 of the federal O..L abili4..4'e 11_« .. -Qf11G�UCd 12 d regulations g «I._« , implementing act as 13 et feFth 'n Part 1194 ._F T'«e 36 of h 1 Federal Gad 14 Regd+atians. 15 (3) Any entity that contracts with a state or ocal entity subjec 16 to this sectien fee the prevision _f electren4eBAR 17 teeknelogq or fOF"e ---. -C_ - _ -:___ §rae-te 18 respond to, and re accessibility-of 19 its products r-RP-.n.F Ppq fhai b to the attention of the entity. 20 (e) As used In this - e 21 the same meanings as these terms are defined in subdvmskmis-(* 22 and L.\ of Seetme.n 12926 23 (f) As used in this seet an, Nraee, natienal origin, ethnic greup 24 identaf ration, rel gien, age, sex, sexual orientation, CE)IaF, OF 25 26 eharaeteFoStpeS er that the person is associated with a pefson-Mve 27 hass, ar is perceived te have, any of those chaFacteristies. 28 r-` As used in this r_.._✓en 11etie '_G-_Feat' n has the sange 29 (e) of Seetien 51 f 30 thve Gi.il Gode. 31 ," 32 5 of 6 3/2/2016 2:43 PM S13876 Senate Bill-AMENDED ' C http://www.leginfo.ca,gov/pub/15-16/bill/ser/sb-0851-0900/sb_876-b... V 33 `�FI families who'lach"U-rt]ICCI� regular, and adequate nighttime 34 Fesidenee. 35 (4) Asused , "publie space" means any prepefty 36 11 1 . . I I - nt entity or any Property upon which. 37 there is an easement for publie use and that is he' epen to 38 public, ,—p�aza , 39 b c 40 build ngs, sheipping eenteFs, and parks. P9 1 , 2 had _e to . r that i ,,. but __ ed tetH y `- pastures r ,Tst ng, 3 sta. ng, lean ng, kneeling, squatting, sleep mg, or lying. Rest also 4 am the elements, 5 nemebstruetive manner. 6 th-a 7 ce-ta-rest, and, therefore they 8 must rest in a publie spaee. 9 10 elud theseexperiencing homelessness, .._der to peep le, � y � _..r . 11 dimin sh-the-a 12 the FTICTQndamental-r�~«,y1TCTO TC3>. 13 (ng) in erder to ensure full and equal access to the benefits and 14 protections-a#farded-by 16 administered by the state er any state agency funiJed directly-b17 the y state, or that receives any finame al assistance from , 18 19 state funds she!' enaet or enforce a 'aw-that bans restin- 1- a publie 20 s dc`ied '^ Part 2 P th Section ro o c , c �w o:v�-of 21 Division r1-al-t„<�-+,.1,--Code. 22 SEE. 4. 23 SEC. 3. Section 11139.2 is added to the Government Code, to 24 read: 25 11139.2. To improve monitoring of discrimination based upon 26 housing status and violations ofT Part 2.2 27 (commencing with Section 53.8) of Division 1 of the Civil Code, 28 and to ensure that people who are experiencing homelessness are 29 not unlawfully denied full and equal access to the benefits of 30 state-funded programs or assistance, or unlawfully subjected to 31 discrimination, all applicants for the United States Department of 32 Housing and Urban Development's Continuum of Care Homeless 33 Assistance Program shall annually provide to the Department of 34 Housing and Community Development's Division of Housing 35 Policy Development a copy of its application for funding from the 36 United States Department of Housing and Urban Development 37 that includes the organization's response to the application question 38 regarding steps that its community is taking to reduce 39 criminalization of homelessness. P10 1 SECS 2 SEC, 4. If the Commission on State Mandates determines that 3 this act contains costs mandated by the state, reimbursement to 4 local agencies and school districts for those costs shall be made 5 pursuant to Part 7 (commencing with Section 17500) of Division 6 4 of Title 2 of the Government Code. O 98 6 of 6 3/2/2016 2:43 PM