SENATE BILL 215

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Mary Jane M. Garcia

AN ACT

RELATING TO CHARITABLE ORGANIZATIONS; PERMITTING MEMBERS OF CERTAIN CHARITABLE ORGANIZATIONS TO STAND IN PUBLIC ROADWAYS TO SOLICIT CONTRIBUTIONS FROM PASSING MOTORISTS IF CERTAIN REQUIREMENTS ARE MET.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. LOCAL AUTHORIZATION FOR CHARITABLE SOLICITATION IN ROADWAYS.--

          A. A charitable organization that is registered with the attorney general pursuant to the Charitable Solicitations Act may engage in a solicitation for charitable purposes that involves persons standing in a public roadway, on the shoulder of a public roadway or on a median between public roadways soliciting contributions from passing motorists if the following requirements are met:

                (1) all persons engaged in the solicitation are law enforcement personnel, firefighters or other persons employed to protect public safety and are soliciting solely in an area that is within the service area of the agencies for which they work; and

                (2) the charitable organization files an application with the municipality or county having jurisdiction over the location where the solicitation is to occur. The application shall be filed no later than ten business days before the date the solicitation is to begin and shall include the following:

                     (a) the date and time the solicitation is to occur;

                     (b) the location where the solicitation is to occur;

                     (c) the number of persons to be involved in the solicitation;

                     (d) the manner and conditions under which the solicitation is to occur; and

                     (e) proof of a valid liability insurance policy in the amount of at least one million dollars ($1,000,000) insuring the charitable organization, the agency for which the persons making the solicitation work and the municipality or county to which the application is made against bodily injury and property damage arising out of or in connection with the solicitation.

          B. The municipality or county shall approve a complete application within five business days of the filing date of the application but may impose reasonable conditions in writing that are consistent with this section and that are based on articulated public safety concerns.

          C. An agency employing persons engaged in solicitations pursuant to this section and a municipality or county approving an application pursuant to this section do not waive or limit immunity from liability provided by another provision of law.

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