SENATE BILL 256

53rd legislature - STATE OF NEW MEXICO - second session, 2018

INTRODUCED BY

Pete Campos

AN ACT

RELATING TO PANHANDLING; ALLOWING MUNICIPALITIES TO REGULATE PANHANDLING.

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

     SECTION 1. A new section of the Municipal Code is enacted to read:

     "[NEW MATERIAL] LICENSING AND REGULATING OF PANHANDLING.--

          A. A municipality may regulate, tax or license panhandlers.

          B. As used in this section, "panhandler" means a person who solicits, in person, a donation of money. Purchase of an item for an amount far exceeding its value, under circumstances where a reasonable person, would understand that the purchase is in substance a donation, is a donation for the purpose of this section. "Panhandler" does not include a person who passively stands or sits with a sign or other indication that the person is seeking donations, without addressing any solicitation to a specific person other than in response to an inquiry by that specific person."

     SECTION 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2018.

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