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Homeless Encampment Bill Moves Through Legislature

A bill that seeks to keep Tennessee’s highways clear of encampments, tents, and personal items has been recommended for passage to the Senate Calendar Committee.

Senate Bill 0217 would require the Tennessee Department of Transportation and other agencies to regulate “the collection, storage, claiming, and disposal of personal property used for camping from the shoulder, berm, or right-of-way of a state or interstate highway, or under a bridge or overpass, or within an underpass of a state or interstate highway.

The bill, sponsored by Sen. Brent Taylor (R-Memphis), was recommended for passage today through the Senate Transportation and Safety Committee. Taylor said he had experience in trying to clear areas of personal property and called it the “most complicated thing [he] had done as an adult.”

“What this bill does is simply allow TDOT to go into communities like Memphis, Nashville, Chattanooga, Knoxville, or any other community and to go ahead and pre-plan how they’re going to deal with homeless encampments and go ahead and work with social services networks in that community,” Taylor said.

Taylor said this network will include law enforcement, so that all the duties will already be spelled out when an encampment needs to be removed. He also said this bill does not criminalize homeless people.

“This serves not only the state and the local community, but this serves the homeless folks as well.” Taylor said. “When they identify a homeless encampment that needs to be cleared, there’ll be nonprofits and social services available to the people in homeless encampments. We all have empathy, but whatever has driven somebody to have to live under a bridge, their lot in life is not getting better by living under a bridge.”

Taylor said the bill will help communities develop a memorandum of understanding (MOU) to tackle this issue in a way that’s beneficial to both the city and the homeless. Sen. Heidi Campbell (D-Nashville) asked if the bill outlines how their belongings will be stored, to which Taylor responded that the decision would be left to the board.

“I understand the intent. I have a similar thing happen in my district. I just am concerned without the direction from the legislation, the homeless peoples’ items and things need to be considered; that we’re putting the discretion to be able to take stuff away from homeless people in somebody’s hands where it might not have been before,” Campbell said.

Lindsey Krinks, co-founder of Housing for All Tennessee and Open Table Nashville, noted citizens’ concerns for the bill — specifically, the disposal of homeless people’s belongings.

“What this bill doesn’t tell you is that the campsite removal costs will be passed down to local governments; we’re really concerned about that,” Krinks said. “We all want to see the number of people living in encampments decrease, but the way we do that is not to play a game of Whack-A-Mole. It’s to break the cycle of homelessness through providing housing and support to people.”

Krinks said the bill does not address homelessness nor the deficit of housing or shelter. She noted that the bill’s “aggressive” deadline of removal 30 days after receiving a complaint does not allow people to secure permanent housing.

Taylor said this bill will address these concerns as the agencies and TDOT will help people get connected to the services they need. He said continuing to let people live in encampments without services does not provide them with extra support.

“If you support homeless people and want to get them the services they need and help them live in dignity, then you would support this bill, because we’re able to make that connection when we clear a homeless encampment between a person in need and social services they need to connect them,” Taylor said.

The bill passed the committee with seven ayes and one nay.