Strike everything after the enacting clause and insert the following:

"NEW SECTION.  Sec. 1. (1) The legislature finds that:

(a) Evictions and homelessness are increasing and are at unprecedented levels across our state, demanding urgent action;

(b) Many families across Washington state have been displaced or are at risk of displacement due to skyrocketing housing costs and an ongoing severe shortage of affordable housing;

(c) The absence of cohesive state guidance has resulted in an arbitrary patchwork of legislation regarding the use of public spaces, resulting in an inefficient use of state and local resources; and

(d) State and local governments have a shared responsibility in addressing the homelessness crisis and transitioning unsheltered residents into housing.

(2) The legislature intends to:

(a) Encourage the efficient use of state and local resources by providing clear guidance to local governments on how to balance public safety with the urgent need to transition people experiencing homelessness to safe and stable housing;

(b) Protect local governments whose ordinances are objectively reasonable against litigation, including any private right of action for monetary damages; and

(c) Encourage local governments to enact objectively reasonable time, place, and manner regulations to manage public spaces effectively and preserve public peace, health, and safety for the benefit of the entire community.

NEW SECTION.  Sec. 2. A new section is added to chapter 35.21 RCW to read as follows:

(1) Any city or town law that regulates the acts of sitting, lying, sleeping, or keeping warm and dry outdoors on public property that is open to the public must be objectively reasonable as to time, place, and manner. Objective reasonableness must be determined through an assessment of the totality of the circumstances. This assessment must consider whether the city or town law takes into account the following factors:

(a) The protection of public safety and health, including the safety and health of both persons experiencing homelessness and the general public;

(b) The availability and accessibility of alternative shelter or housing options for persons experiencing homelessness in the jurisdiction;

(c) Its impact on persons experiencing homelessness, including the ability of persons experiencing homelessness to access essential services, maintain personal safety, and meet basic needs such as keeping warm and dry; and

(d) Its proportionality to the issue that it seeks to address, including whether the law avoids excessive or extreme measures that are not justified by the totality of the circumstances.

(2) It is an affirmative defense to a charge of violating a city or town law described in subsection (1) of this section that the law is not objectively reasonable.

(3) A person may bring an action for injunctive or declaratory relief to challenge the objective reasonableness of a city or town law described in subsection (1) of this section. The action must be brought in the superior court of the county in which the city or town that enacted the law is located.

(4) In determining whether a city or town law is objectively reasonable in an action brought under subsection (3) of this section, a court must give special consideration to the following factors:

(a) The specific characteristics and intended use of the public property in question;

(b) The unique needs and circumstances of the local community, including the prevalence and characteristics of homelessness in the area; and

(c) The potential long-term effects of the city or town law on both persons experiencing homelessness and the general public.

(5)(a) Except as provided in (b) of this subsection, in any action brought pursuant to subsection (3) of this section, the court in its discretion may award reasonable attorneys' fees to a prevailing plaintiff if the plaintiff:

(i) Was not seeking to vindicate an interest unique to the plaintiff; and

(ii) At least 90 days before the action was filed, provided written notice to the governing body of the city or town that enacted the law being challenged of the plaintiff's intent to bring the action, and the notice provided the governing body with actual notice of the basis upon which the plaintiff intends to challenge the law;

(b) If the governing body addresses the basis of the intended challenge within 90 days of receiving the written notice described in (a) of this subsection, the court may not award attorneys' fees to a prevailing plaintiff under this subsection.

(6) Nothing in this section creates a private right of action for monetary damages for any person.

(7) This section applies to all causes of action commenced on or after the effective date of this section, and to all city or town laws existing on or after the effective date of this section, regardless of when the cause of action arose or when the city or town laws were enacted. To this extent, this section applies retroactively, but in all other respects it applies prospectively.

(8) For the purposes of this section:

(a) "City or town law" includes any city or town ordinances, policies, rules, regulations, or other official controls;

(b) "Essential services" means health care, emergency shelter, behavioral health services, and street outreach programs that include the provision of food or clothing;

(c) "Excessive or extreme measures" means measures that are not necessary to ensure the public health and safety of the community, maintain the specific characteristics and intended use of the property in question, or avoid negative long-term effects on the community;

(d) "Keeping warm and dry" means using measures necessary for an individual to survive outdoors given the environmental conditions but does not include using any measure that involves fire or flame; and

(e) "Maintain personal safety" means to be free from the threat of imminent physical harm, including the threat of harm from exposure to inclement weather.

NEW SECTION.  Sec. 3. A new section is added to chapter 35A.21 RCW to read as follows:

(1) Any code city law that regulates the acts of sitting, lying, sleeping, or keeping warm and dry outdoors on public property that is open to the public must be objectively reasonable as to time, place, and manner. Objective reasonableness must be determined through an assessment of the totality of the circumstances. This assessment must consider whether the code city law takes into account the following factors:

(a) The protection of public safety and health, including the safety and health of both persons experiencing homelessness and the general public;

(b) The availability and accessibility of alternative shelter or housing options for persons experiencing homelessness in the jurisdiction;

(c) Its impact on persons experiencing homelessness, including the ability of persons experiencing homelessness to access essential services, maintain personal safety, and meet basic needs such as keeping warm and dry; and

(d) Its proportionality to the issue that it seeks to address, including whether the law avoids excessive or extreme measures that are not justified by the totality of the circumstances.

(2) It is an affirmative defense to a charge of violating a code city law described in subsection (1) of this section that the law is not objectively reasonable.

(3) A person may bring an action for injunctive or declaratory relief to challenge the objective reasonableness of a code city law described in subsection (1) of this section. The action must be brought in the superior court of the county in which the code city that enacted the law is located.

(4) In determining whether a code city law is objectively reasonable in an action brought under subsection (3) of this section, a court must give special consideration to the following factors:

(a) The specific characteristics and intended use of the public property in question;

(b) The unique needs and circumstances of the local community, including the prevalence and characteristics of homelessness in the area; and

(c) The potential long-term effects of the code city law on both persons experiencing homelessness and the general public.

(5)(a) Except as provided in (b) of this subsection, in any action brought pursuant to subsection (3) of this section, the court in its discretion may award reasonable attorneys' fees to a prevailing plaintiff if the plaintiff:

(i) Was not seeking to vindicate an interest unique to the plaintiff; and

(ii) At least 90 days before the action was filed, provided written notice to the governing body of the code city that enacted the law being challenged of the plaintiff's intent to bring the action, and the notice provided the governing body with actual notice of the basis upon which the plaintiff intends to challenge the law;

(b) If the governing body addresses the basis of the intended challenge within 90 days of receiving the written notice described in (a) of this subsection, the court may not award attorneys' fees to a prevailing plaintiff under this subsection.

(6) Nothing in this section creates a private right of action for monetary damages for any person.

(7) This section applies to all causes of action commenced on or after the effective date of this section, and to all code city laws existing on or after the effective date of this section, regardless of when the cause of action arose or when the code city laws were enacted. To this extent, this section applies retroactively, but in all other respects it applies prospectively.

(8) For the purposes of this section:

(a) "Code city law" includes any code city ordinances, policies, rules, regulations, or other official controls;

(b) "Essential services" means health care, emergency shelter, behavioral health services, and street outreach programs that include the provision of food or clothing;

(c) "Excessive or extreme measures" means measures that are not necessary to ensure the public health and safety of the community, maintain the specific characteristics and intended use of the property in question, or avoid negative long-term effects on the community;

(d) "Keeping warm and dry" means using measures necessary for an individual to survive outdoors given the environmental conditions but does not include using any measure that involves fire or flame; and

(e) "Maintain personal safety" means to be free from the threat of imminent physical harm, including the threat of harm from exposure to inclement weather.

NEW SECTION.  Sec. 4. A new section is added to chapter 36.01 RCW to read as follows:

(1) Any county law that regulates the acts of sitting, lying, sleeping, or keeping warm and dry outdoors on public property that is open to the public must be objectively reasonable as to time, place, and manner. Objective reasonableness must be determined through an assessment of the totality of the circumstances. This assessment must consider whether the county law takes into account the following factors:

(a) The protection of public safety and health, including the safety and health of both persons experiencing homelessness and the general public;

(b) The availability and accessibility of alternative shelter or housing options for persons experiencing homelessness in the jurisdiction;

(c) Its impact on persons experiencing homelessness, including the ability of persons experiencing homelessness to access essential services, maintain personal safety, and meet basic needs such as keeping warm and dry; and

(d) Its proportionality to the issue that it seeks to address, including whether the law avoids excessive or extreme measures that are not justified by the totality of the circumstances.

(2) It is an affirmative defense to a charge of violating a county law described in subsection (1) of this section that the law is not objectively reasonable.

(3) A person may bring an action for injunctive or declaratory relief to challenge the objective reasonableness of a county law described in subsection (1) of this section. The action must be brought in the superior court of the county that enacted the law.

(4) In determining whether a county law is objectively reasonable in an action brought under subsection (3) of this section, a court must give special consideration to the following factors:

(a) The specific characteristics and intended use of the public property in question;

(b) The unique needs and circumstances of the local community, including the prevalence and characteristics of homelessness in the area; and

(c) The potential long-term effects of the county law on both persons experiencing homelessness and the general public.

(5)(a) Except as provided in (b) of this subsection, in any action brought pursuant to subsection (3) of this section, the court in its discretion may award reasonable attorneys' fees to a prevailing plaintiff if the plaintiff:

(i) Was not seeking to vindicate an interest unique to the plaintiff; and

(ii) At least 90 days before the action was filed, provided written notice to the governing body of the county that enacted the law being challenged of the plaintiff's intent to bring the action, and the notice provided the governing body with actual notice of the basis upon which the plaintiff intends to challenge the law;

(b) If the governing body addresses the basis of the intended challenge within 90 days of receiving the written notice described in (a) of this subsection, the court may not award attorneys' fees to a prevailing plaintiff under this subsection.

(6) Nothing in this section creates a private right of action for monetary damages for any person.

(7) This section applies to all causes of action commenced on or after the effective date of this section, and to all county laws existing on or after the effective date of this section, regardless of when the cause of action arose or when the county laws were enacted. To this extent, this section applies retroactively, but in all other respects it applies prospectively.

(8) For the purposes of this section:

(a) "County law" includes any county ordinances, policies, rules, regulations, or other official controls;

(b) "Essential services" means health care, emergency shelter, behavioral health services, and street outreach programs that include the provision of food or clothing;

(c) "Excessive or extreme measures" means measures that are not necessary to ensure the public health and safety of the community, maintain the specific characteristics and intended use of the property in question, or avoid negative long-term effects on the community;

(d) "Keeping warm and dry" means using measures necessary for an individual to survive outdoors given the environmental conditions but does not include using any measure that involves fire or flame; and

(e) "Maintain personal safety" means to be free from the threat of imminent physical harm, including the threat of harm from exposure to inclement weather.

NEW SECTION.  Sec. 5. A new section is added to chapter 79.24 RCW to read as follows:

(1) Any state law that regulates the acts of sitting, lying, sleeping, or keeping warm and dry outdoors on any state capitol grounds as described in RCW 79.24.500 that are open to the public must be objectively reasonable as to time, place, and manner. Objective reasonableness must be determined through an assessment of the totality of the circumstances. This assessment must consider whether the state law takes into account the following factors:

(a) The protection of public safety and health, including the safety and health of both persons experiencing homelessness and the general public;

(b) The availability and accessibility of alternative shelter or housing options for persons experiencing homelessness in the jurisdiction;

(c) Its impact on persons experiencing homelessness, including the ability of persons experiencing homelessness to access essential services, maintain personal safety, and meet basic needs such as keeping warm and dry; and

(d) Its proportionality to the issue that it seeks to address, including whether the law avoids excessive or extreme measures that are not justified by the totality of the circumstances.

(2) It is an affirmative defense to a charge of violating a state law described in subsection (1) of this section that the law is not objectively reasonable.

(3) A person may bring an action for injunctive or declaratory relief to challenge the objective reasonableness of a state law described in subsection (1) of this section. The action must be brought in the superior court of Thurston county.

(4) In determining whether a state law is objectively reasonable in an action brought under subsection (3) of this section, a court must give special consideration to the following factors:

(a) The specific characteristics and intended use of the public property in question;

(b) The unique needs and circumstances of the local community, including the prevalence and characteristics of homelessness in the area; and

(c) The potential long-term effects of the state law on both persons experiencing homelessness and the general public.

(5)(a) Except as provided in (b) of this subsection, in any action brought pursuant to subsection (3) of this section, the court in its discretion may award reasonable attorneys' fees to a prevailing plaintiff if the plaintiff:

(i) Was not seeking to vindicate an interest unique to the plaintiff; and

(ii) At least 90 days before the action was filed, provided written notice to the attorney general's office of the plaintiff's intent to bring the action, and the notice provided the attorney general's office with actual notice of the basis upon which the plaintiff intends to challenge the law;

(b) If the governing body addresses the basis of the intended challenge within 90 days of receiving the written notice described in (a) of this subsection, the court may not award attorneys' fees to a prevailing plaintiff under this subsection.

(6) Nothing in this section creates a private right of action for monetary damages for any person.

(7) This section applies to all causes of action commenced on or after the effective date of this section, and to all state laws existing on or after the effective date of this section, regardless of when the cause of action arose or when the state laws were enacted. To this extent, this section applies retroactively, but in all other respects it applies prospectively.

(8) For the purposes of this section:

(a) "State law" includes any state laws, policies, rules, regulations, or other official controls;

(b) "Essential services" means health care, emergency shelter, behavioral health services, and street outreach programs that include the provision of food or clothing;

(c) "Excessive or extreme measures" means measures that are not necessary to ensure the public health and safety of the community, maintain the specific characteristics and intended use of the property in question, or avoid negative long-term effects on the community;

(d) "Keeping warm and dry" means using measures necessary for an individual to survive outdoors given the environmental conditions but does not include using any measure that involves fire or flame; and

(e) "Maintain personal safety" means to be free from the threat of imminent physical harm, including the threat of harm from exposure to inclement weather.

Correct the title.