On January 27, Associate Policy Director Sarah Sample testified before the Judicial Proceedings Committee in opposition to SB 49 – Unhoused Individuals – Rights and Affirmative Defense. 

While this bill aims to protect unhoused individuals, it could worsen housing insecurity, restrict local safety interventions, and pose serious risks to public health and community well-being.

The challenges the bill presents to local governments are significant and stem from a preemption on local ability to enforce local laws that are designed to keep unhoused individuals and residents safe. Additionally, the bill creates a new cause of action against local governments that can expose them to substantially increased liability and overburden an already strained tax base.

From MACo Testimony: 

Historic challenges like the housing crisis, opioid epidemic, and surge in mental and behavioral health issues have all led to an increase in the number of unhoused individuals. Local jurisdictions have gone to great lengths to build out services, which entailed making substantial investments in facilities, social workers, human services teams, public health divisions, and public safety units. However, while local jurisdictions have continued to make considerable progress, the challenge is great. The provisions of this bill make it more difficult to provide these life-saving services and could be a major setback for these ongoing efforts.

SB 49’s cross-file, HB 104, was heard on February 3 in the Judiciary Committee. Sarah Sample testified in opposition to this bill.

More on MACo’s Advocacy: 

• Follow MACo’s advocacy efforts during the 2026 legislative session on MACo’s Legislative Tracking Database
• Learn more about MACo’s 2026 Legislative Initiatives
• Read more General Assembly News on MACo’s Conduit Street blog