Official Summary Text
DISPOSAL OF PROPERTY USED FOR CAMPING
This bill requires the department o
f transportation to develop and implement a policy regarding the collection, storage, claiming, and disposal of personal property used for camping from (i) the shoulder, berm, or right-of-way of a state or interstate highway; or (ii) under a bridge or ove
r
pass, or within an underpass, of a state or interstate highway. The department of transportation must develop and implement such policy through partnerships with local law enforcement agencies, the department of safety, the division of housing and emerge
n
cy shelter within the department of human services, 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 pe
r
sons experiencing homelessness.
This bill requires the policy to require all of the following:
Whenever feasible, site assessment in advance of removal operations.
Posting of a notice to vacate at the removal site at least 72 hours prior to initiating removal operations that includes (i) instructions for how to retrieve property that has been removed; (ii) a statewide toll-free telephone number to call to claim the property that is removed and stored; and (iii) the physical address of the appropriate state or local agency or office where the owner of removed property may appear in person to arrange for the retrieval of the owner's property.
Posting of such notice prominently in a plastic or other weatherproof sleeve on available surfaces at the removal site.
Completion of all removal operations initiated as a result of a citizen complaint within 30 days following the receipt of the complaint.
Contacting of service providers to request outreach services for persons experiencing homelessness at the removal site.
Collection and labeling of personal property at the removal site, and storage of removed property for at least 90 days.
Immediate disposal of trash, garbage, or other debris; personal property that presents an immediate health or safety hazard; perishable food; and abandoned property.
Evaluation of the facts and circumstances surrounding personal property in determining if personal property is trash, garbage, or other debris or abandoned property.
Collection and storage of an item of personal property, if the person conducting the removal operation has a reasonable doubt as to whether the item constitutes trash, garbage, or other debris or abandoned property.
Separation of medications, medical devices, personal identification, and legal documents during the collection and labeling procedures.
The storage facility or other place where removed property is being held to be a secure location and accessible by public transportation.
Disposal of removed property that is not claimed within 90 days of being collected, unless the property is needed for evidence in a criminal proceeding.
For purposes of this bill, "abandoned property" does not include "unattended property," which means personal property that is accompanied by signs of ownership, but t
he owner is temporarily absent.
RULEMAKING
This bill authorizes the department of transportation to promulgate rules to implement this bill.
ON MARCH 13, 2025, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 217, AS AMENDED.
AMENDMENT #1 rewr
ites the bill to, instead, add the following to present law:
Requires the
department of transportation
to
develop and implement a policy regarding the removal of personal property used for camping from
(i) the shoulder, berm, or right-of-way of highways under its jurisdiction or (ii) under a bridge or overpass, or within an underpass of highways under its jurisdiction.
Requires t
he department of transportation
to
develop and implement the policy
above
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.
Requires the policy above to
require
, if
requested by the department
of transportation, 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
.
Requires the policy above to
require
t
hat a memorandum of understanding entered into between the department of transportation
and the municipal or county government outline, at a minimum, the following responsibilities
for the department:
(i)
w
henever feasible, performing a site assessment in advance of camping removal operations;
(ii)
p
osting of a notice to vacate at the camping removal site at least 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;
(iii)
c
ompletion 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 30 calendar days of
the complaint, or the memorandum of understanding, if certain criteria is met;
(iv)
i
f necessary, completion of vegetation removal within 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 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
.
Requires the policy
above
to require that a memorandum of understanding entered into between the department of transportation
and the municipal or county government outline, at a minimum, the following responsibilities
f
or the municipal or county government: (i)
p
roviding 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
the disposal of illicit drugs, drug paraphernalia, and firearms.
Prohibits the department
of transportation
from
commenc
ing
initial clean-up activities, vegetation removal, or site securing 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.
If a municipal or county government fails to agree to a memorandum of understanding within 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,
requires the
department of transportation
to
provide written notice of such inaction to
legislative committees
having jurisdiction over transportation matters and the state representatives and state senators who represent the county where the camping removal site is located.
Authorizes the department
of transportation
to
establish agency policies or promulgate rules to implement
this amendment.
Provides that, if
any provision of this
amendment
or its application to any person or circumstance is held invalid, then the invalidity does not affect other provisions or applications of th
is
amendment
that can be given effect without the invalid provision or application, and to that end, the provisions of this
amendment
are severable.
Current Bill Text
Read the full stored bill text
SENATE BILL 217
By Taylor
HOUSE BILL 197
By Leatherwood
HB0197
000585
- 1 -
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 55, is amended by adding the following
as a new chapter:
55-32-101. As used in this chapter:
(1) "Abandoned property":
(A) Means personal property that is unaccompanied by objective
indications of ownership; and
(B) Does not include unattended property;
(2) "Camping" has the same meaning as defined in § 55-8-212;
(3) "Department" means the department of transportation; and
(4) "Unattended property":
(A) Means personal property that is accompanied by signs of ownership,
but the owner is temporarily absent; and
(B) Includes a tent, raised tarp, or other temporary shelter at which the
owner is temporarily absent that is filled with personal belongings or items that
are being stored in an orderly manner, including packed up, wrapped, or
covered, regardless of whether there is a third party present designated to watch
or secure the personal property during the owner's temporary absence.
55-32-102.
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The department of transportation shall develop and implement a policy regarding
the collection, storage, claiming, and disposal of personal property used for camping
from:
(1) The shoulder, berm, or right-of-way of a state or interstate highway;
or
(2) Under a bridge or overpass, or within an underpass, of a state or
interstate highway.
55-32-103.
The department shall develop and implement the policy required by § 55-32-102
through partnerships with local law enforcement agencies, the department of safety, the
division of housing and emergency shelter within the department of human services,
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.
55-32-104.
Notwithstanding another law, the policy developed by the department pursuant to
this chapter must require:
(1) Whenever feasible, site assessment in advance of removal
operations;
(2) Posting of a notice to vacate at the removal site at least seventy-two
(72) hours prior to initiating removal operations that includes:
(A) Instructions for how to retrieve property that has been
removed;
(B) A statewide toll-free telephone number to call to claim the
property that is removed and stored; and
- 3 - 000585
(C) The physical address of the appropriate state or local agency
or office where the owner of removed property may appear in person to
arrange for the retrieval of the owner's property;
(3) Posting of the notice described in subdivision (2) prominently in a
plastic or other weatherproof sleeve on available surfaces at the removal site,
such as on occupied tents, cement pillars, trees, and utility poles;
(4) Completion of all removal operations initiated as a result of a citizen
complaint within thirty (30) days following the receipt of the complaint;
(5) Contacting of service providers to request outreach services for
persons experiencing homelessness at the removal site;
(6) Collection and labeling of personal property at the removal site, and
storage of removed property for at least ninety (90) days;
(7) Immediate disposal of the following without collection or storage:
(A) Trash, garbage, or other debris;
(B) Personal property that presents an immediate health or safety
hazard;
(C) Perishable food; and
(D) Abandoned property;
(8) Evaluation of the facts and circumstances surrounding personal
property in determining if personal property is trash, garbage, or other debris or
abandoned property subject to disposal under subdivision (7);
(9) Collection and storage of an item of personal property, if the person
conducting the removal operation has a reasonable doubt as to whether the item
constitutes trash, garbage, or other debris or abandoned property;
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(10) Separation of medications, medical devices, personal identification,
and legal documents during the collection and labeling procedures;
(11) The storage facility or other place where removed property is being
held to be a secure location and accessible by public transportation; and
(12) Disposal of removed property that is not claimed within ninety (90)
days of being collected, unless the property is needed for evidence in a criminal
proceeding.
55-32-105.
The department may promulgate rules in accordance with the Uniform
Administrative Procedures Act, compiled in title 4, chapter 5, to implement this chapter.
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.