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, such as limits on the number of individuals transferred and coordination protocols. The bill also specifies that this requirement does not apply to emergency medical transfers, court-ordered transfers by law enforcement, or voluntary relocations by individuals without municipal assistance. Additionally, municipalities may develop criteria for treatment organizations operating under the opioid abatement trust fund and may impose restrictions on such organizations within their jurisdictions.

Furthermore, the bill requires the Department of Health and Human Services to adopt rules regarding the transportation of individuals under the new section 165:2-d, which includes provisions for enforcing the MOUs and addressing financial liabilities. The bill also amends existing laws to include these new requirements and establishes a $5,000 fine for municipalities that violate the provisions. The effective date for this act is set for July 1, 2026. The fiscal impact is projected to include increased expenditures for the Department of Health and Human Services to enforce these new regulations, with costs anticipated to rise over the next few years, funded through a combination of general funds and fine revenue from noncompliant municipalities.

Statutes affected:
Introduced: 126-A:84, 318-B:43
As Amended by the Senate: 126-A:84, 318-B:43
SB441 text: 126-A:84, 318-B:43