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Transportation, Dept. of - As enacted, requires the department to develop and implement a policy regarding the removal of personal property used for camping from the shoulder, berm, or right-of-way of highways under its , the official text

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                             PUBLIC CHAPTER NO. 310

                                                     SENATE BILL NO. 217

                                                  By Taylor, Jackson, Rose

                                            Substituted for: House Bill No. 197

                                                        By Leatherwood

AN ACT to amend Tennessee Code Annotated, Title 4; Title 13; Title 39; Title 54; Title 55 and Title
          71, relative to the collection, storage, claiming, and disposal of personal property used for
          camping.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

          SECTION 1. Tennessee Code Annotated, Title 54, Chapter 5, Part 1, is amended by adding
the following as a new section:

                    (a) The department of transportation shall develop and implement a policy regarding
         the removal of personal property used for camping, as defined in§ 55-8-212, from:

                             (1) The shoulder, berm, or right-of-way of highways under its jurisdiction; or

                             (2) Under a bridge or overpass, or within an underpass of highways under its
                   jurisdiction.

                    (b) The department shall develop and implement the policy pursuant to this section
          through partnerships with municipal and county governments, local law enforcement
          agencies, the department of safety, local homeless coalitions, local and state housing
          authorities, other local and state agencies, and nonprofit organizations and other entities that
          provide transitional housing and related services to persons experiencing homelessness.

                    (c) Notwithstanding another law, the policy developed by the department pursuant to
          this section must require:

                              (1) If requested by the department, that a municipal or county government
                    whose geographic boundaries include a camping removal site, enter into a
                    memorandum of understanding with the department to outline roles and
                    responsibilities when addressing a camping removal site; and

                              (2) That a memorandum of understanding entered into between the
                    department and the municipal or county government pursuant to subdivision (c)(1)
                    outline, at a minimum, the following responsibilities:

                                        (A) For the department:

                                                  (i) Whenever feasible, performing a site assessment in
                                        advance of camping removal operations;

                                                  (ii) Posting of a notice to vacate at the camping removal site at
                                        least ten (10) calendar days prior to initiating camping removal
                                        operations that includes notification that any personal property
                                        remaining at the site past the noticed date of removal will be
                                        determined to be trash, garbage, or other debris, and will be disposed
                                        of accordingly;
SB 217

                                                 (iii) Completion of initial clean-up operations initiated as a result
                                       of a citizen complaint or the identification of a site as a safety hazard
                                       by the department within thirty (30) calendar days of:

                                                           (a) A citizen complaint or such identification by the
                                                 department, if a current memorandum of understanding
                                                 required by subdivision (c)(1) has been previously agreed to
                                                 with the municipal or county government whose geographic
                                                 boundaries the camping removal site is located within; or

                                                           (b) A memorandum of understanding, if required by
                                                 subdivision (c)(1 ), with the municipal or county government
                                                 whose geographic boundaries the camping removal site is
                                                 located within being agreed upon, if a current memorandum of
                                                 understanding has not been previously agreed to with the
                                                 municipal or county government;

                                                 (iv) If necessary, completion of vegetation removal within thirty
                                       (30) calendar days after the completion of initial camping clean-up
                                       operations;

                                                 (v) If necessary, completion of any fencing or other measures
                                       to secure the site within ninety (90) calendar days after the completion
                                       of initial camping clean-up operations;

                                                 (vi) If necessary, contracting for the removal of certain items
                                       and materials, including human waste and other biohazards; and

                                                 (vii) If necessary, securing the assistance of the department of
                                       safety; and

                                       (B) For the municipal or county government:

                                                 (i) Providing outreach services for persons experiencing
                                       homelessness at the camping removal site;

                                                 (ii) Connecting persons experiencing homelessness at the
                                       camping removal site with temporary or long-term housing resources;

                                                 (iii) If necessary, contracting with local homeless coalitions,
                                       local and state housing authorities, other local and state agencies, and
                                       nonprofit organizations and other entities that provide transitional
                                       housing and related services to persons experiencing homelessness;

                                                 (iv) Ensuring that the camping removal site is not occupied by
                                       any persons by the noticed date of removal; and

                                                 (v) Securing the assistance of local law enforcement to assist in
                                       removal and clean-up operations, including, but not limited to, the
                                       disposal of illicit drugs, drug paraphernalia, and firearms.

                   (d) Notwithstanding another law, the department shall not commence initial clean-up
          activities, vegetation removal, or site se~uring activities until the municipal or county
          government whose geographic boundaries include the camping removal site has ensured
         that no persons are occupying the camping -removal site.

                   (e) If a municipal or county government fails to agree to a memorandum of
          understanding required by subdivision (c)(1) within sixty (60) calendar days upon receiving
          the department's request, or if a municipal or county government fails to comply with the
          terms of a memorandum of understanding, then the department shall provide written notice
          of such inaction to the chair of the committee of the house of representatives having
         jurisdiction over transportation matters, the chair of the transportation and safety committee
          of the senate, and the state representatives and state senators who represent the county
          where the camping removal site is located.

                    (f) The department may establish agency policies or promulgate rules in accordance
          with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement
          this section.

                                                                2
SB 217
          SECTION 2. If any provision of this act or its application to any person or circumstance is

held invalid, then the invalidity does not affect other provisions or applications of the act that can be
given effect without the invalid provision or application, and to that end, the provisions of this act are
severable.

          SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it.

                                                                   3
               SENATE BILL NO. 217

PASSED:  April 15, 2025

                  R Lt..~~.,,._
                         \                        RANDY'McNALLY

                            SPEAKER OF THE SENATE

                              •

                         CAMERCffi SEXTON, SPEAKER
                         HOUSE OF REPRESENTATIVES

~ APPROVED this~  day of _____...______.__.~:r-n  2025

         ~l~-
                          BILL LEE, GOVERNOR
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