HB 781 — Unauthorized Public Camping and Sleeping.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 H 21 HOUSE BILL 781 Committee Substitute Favorable 5/6/25 Short Title:

Representatives Biggs, N.

Jackson, Balkcom, and Schietzelt (Primary Sponsors).

For a complete list of sponsors, refer to the North Carolina General Assembly web site.

Judiciary 2, if favorable, State and Local Government, if favorable, Rules, Calendar, and Operations of the House April 7, 2025 A BILL TO BE ENTITLED AN ACT BANNING UNAUTHORIZED PUBLIC CAMPING OR SLEEPING IN THE STATE AND LOCAL GOVERNMENT UNITS OF THE STATE.

(2) PublicLocal campinggovernment orunit. sleeping.

– A county or municipality.

(3) Public camping or sleeping.

The term does not include (i) lodging or residing overnight in a motor vehicle that is registered, insured, and located in a place where it may be lawfully used or (ii) camping for recreational purposes on property designated for those purposes.

(b) Except as provided in subsection (c) of this section, a local government mayunit not(hereinafter authorize"unit")maynot orauthorizeorotherwiseallowanypersonto otherwiseregularlyengagein allow any person to regularly engage in public camping or sleeping on any public property, includingincluding, but not limited to, any public building or its grounds and any public right-of-way under the jurisdiction of the localunit. government.

(c) The governing boardbodyof of a localunit government may, bymajorityvote, designate property owned bybythe theunit local government within its jurisdictional boundaries to be used for a continuous period of no longer than one year for the purposes of public camping or sleeping.

Except for a localunit government on the Unit"unit Assistancelist" List prepared by the Local Government Commission, the localunit government shall, in making the property designation, establish and maintain minimum standards and procedures related to the designated property for the purposes of:

(1) Ensuring the safety and security of the designated property and the persons lodging or residing on the designated property.

*H781-v-1* General Assembly Of North Carolina Session 2025 (3) Coordinating with the county health department to provide access to behavioral health services, which must include substance abuse and mental health treatment resources.

*H781-v-2* General Assembly Of North Carolina Session 2025 (4) Prohibiting illegal substance use and alcohol use on the designated property and enforcing the prohibition against such use.

(d) The localunit's government's designation of property under subsection (c) of this section shall not become effective until theit designatedhas propertybeen is certified bytheby the Department.

To obtain the certification, the localunit government shall submit a request to the Secretary of the Department which shall include documentation proving all of the following:

(1) There are not sufficient open beds in homeless shelters in the localunit government for the homeless population of the localunit. government.

(2) The designated property is not contiguous to property zoned for residential use by the localunit. government.

(3) The designated property would not adversely and materially affect the property value or safety and security of other existing residential or commercial property in the localunit government and would not negatively affect the safety of children.

(4) The localunit government has developed a plan to satisfy the minimum standards and procedures prescribed in subsection (c) of this section.

(e) Within 10 days after receipt of a request to certify a designateddesignation, property, the Department shall notify the localunit government of the date the request was received and of any omissions or errors in the request.

The Department shall certify the designateddesignation property within 45 days after receipt of a complete submission from the localunit, government, and the designateddesignation property shall be deemed certified on the forty-fifth day if the Department takes no action.

(f) Within 30 days after certification of a designateddesignation property by the Department, the localunit government shall publish the minimum standards and procedures required by subsection (c) of this section on the localunit's government's website.

The localunit government shall continue to make the standards and procedures publicly available for as long as any localunit government property remains designated under subsection (d) of this section.

(g) TheDepartment mayinspect anydesignatedpropertyat anytime,and the Department shall provide notice to the localunit government recommending closure of the designated property if the requirementsrequirementsofthissectionarenolongersatisfied.Aunitshallpublish ofanynoticerecommending thisclosure sectionon arethe nounit's longerwebsite satisfied.not later than five business days after receipt of the notice.

A(h) localAny governmentresident shallof publishthe unit, any noticeowner recommendingof closurea onbusiness located in the localunit, government'sor websitethe notAttorney laterGeneral thanmay fivebring businessa dayscivil afteraction receiptin any court of competent jurisdiction against the notice.unit to enjoin a violation of subsection (b) of this section.

(h)If Anythe resident ofor thebusiness local government, any owner ofprevails a business located in thea localcivil government,action, or the Attorneycourt General may bringaward areasonable civilexpenses actionincurred in anybringing courtthe ofcivil competentaction, jurisdictionincluding againstcourt thecosts, localreasonable governmentattorneys' tofees, enjoininvestigative acosts, violationwitness offees, subsectionand (b)deposition ofcosts. this section.

If the resident or business owner prevails in a civil action, the court mayaward reasonable expenses incurred in bringing the civil action, including court costs, reasonable attorneys' fees, investigative costs, witness fees, and deposition costs.

(1) The applicant has provided written notice of the alleged violation to the governing boardbody of the localunit. government.

(2) The applicant has provided the localunit government with five business days to cure the alleged violation.

(3) The localcounty governmentor municipality has failed to take all reasonable actions within its governmental powers to cure the alleged violation within five business days after receiving written notice of the alleged violation from the applicant.

(2) A localunit government has declared a state of emergency pursuant to G.S.

Page 2 House Bill 781-Second781-First Edition