This bill mandates that any municipality intending to transport a homeless individual or a person exhibiting symptoms of substance use disorder to another municipality for shelter or treatment must first establish a memorandum of understanding (MOU) with the receiving municipality. The MOU must outline the services to be provided, any financial contributions from the sending municipality, and other mutually agreed conditions. The bill also specifies that this requirement does not apply to emergency medical transfers, law enforcement transfers under court orders, or voluntary relocations by individuals without municipal assistance. Additionally, municipalities are allowed to set criteria for treatment organizations operating under the opioid abatement trust fund and may impose restrictions on their operations.

Furthermore, the bill requires the Department of Health and Human Services to adopt rules regarding the application and enforcement of these MOUs, including provisions for financial liability. The new legal language inserted into the law includes the requirement for the department to create rules for the transportation of individuals under the new section 165:2-d and to define the requirements for syringe service programs in relation to this section. A violation of this section by a municipality will result in a $5,000 fine payable to the Department of Health and Human Services. The bill is set to take effect on July 1, 2026.

Statutes affected:
Introduced: 126-A:84, 318-B:43
SB441 text: 126-A:84, 318-B:43