SB 248 UNSAFE USE OF PUBLIC ROADWAYS & SPACES ACT

Sen Leo Jaramillo

Actions: [4] SCC/SHPAC/SJC-SCC [6]germane-SHPAC

Scheduled: Not Scheduled

 Senate Bill 248 (SB 248) enacts the Unsafe Use of Public Roadways and Spaces Act (Act) which regulates where solicitation is allowed and prohibited in public areas and criminalizes aggressive solicitation. It also prohibits an occupant of a vehicle to offer money or anything of value to a solicitor who is in violation of the Act.  

 Senate Bill 248 (SB 248) enacts the Unsafe Use of Public Roadways and Spaces Act (Act). The Act regulates where solicitation is allowed and prohibited in public areas. “Solicitation” means a request by a person for money or other items of value or appeals for support of persons, policies or projects and offers to sell products or services. 

Solicitation is allowed in all traditional public forums. A “traditional public forum” is a pedestrian area within a right of way (meaning the entirety of a public roadway including sidewalks and medians) that is not: a pedestrian walkway not within vehicular aisles of a parking lot, a paved median greater than 36 inches in width or walkway immediately adjacent to traffic or turning lanes; or vehicular aisles and parking spaces in a parking lot, or traffic lanes, turn lanes or on-street parking spaces within a roadway and medians 36 inches or less in width. 

Solicitation is allowed in all limited public forms within a right of way (a paved median greater than 36 inches wide and a walkway adjacent to traffic or turning lanes, including a curb) and limited public forums within a public parking lot (a walkway not within vehicular aisles or parking spaces of a parking lot). However, it is unlawful to solicit from half an hour after sunset until half an hour before sunrise. 

The bill provides that it is unlawful for an occupant of a vehicle to offer money or anything of value to a solicitor who is in violation of the provisions of this section. 

A violation of the Act is a petty misdemeanor.

The bill also creates the crime of “aggressive solicitation,” which is a misdemeanor offense. Aggressive solicitation is when a solicitor: (1) comes closer than three feet to a person solicited unless the person indicates the intention to make a donation, make a purchase or otherwise communicate with the solicitor; (2) blocks or impedes the entrance to a structure or vehicle; (3) continues to solicit or follow a person after the person declined the solicitation; or (4) threatens a person by word, gesture or direct abusive language.

SB 248 has a severability clause, such that if any part of the Act is held invalid, the remainder is not affected.