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ARIZONA STATE SENATE
Fifty-Sixth Legislature, Second Regular Session
aggressive solicitation; sign requirement
Purpose
Establishes sign requirements for the purpose of aggressive solicitation enforcement.
Background
It is unlawful for a person to solicit any money or other thing of value or solicit the sale of goods or services within 15 feet of any bank entrance or exit or any automated teller machine if the person does not have permission to be there. Additionally, it is unlawful for a person to solicit any money or other thing of value or solicit the sale of goods or services in a public area by: 1) intentionally, knowingly or recklessly making any physical contact with or touching another person in the course of the solicitation without the person's consent; 2) approaching or following the person being solicited in a manner that is intended or is likely to cause a reasonable person to fear imminent bodily harm to oneself or another or damage to or loss of property or that is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation; 3) continuing to solicit the person after the person being solicited has clearly communicated a request that the solicitation stop; 4) intentionally, knowingly or recklessly obstructing the safe or free passage of the person being solicited or requiring the person to take evasive action to avoid physical contact with the person making the solicitation, except for acts that are authorized as an exercise of one's constitutional right to picket or protest; and 5) intentionally, knowingly or recklessly using obscene or abusive language or gestures that are intended or likely to cause a reasonable person to fear imminent bodily harm or that are reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation.
Solicitation is any means of communication, including by spoken, written or printed word, to request an immediate donation or exchange of money or other thing of value from another person regardless of the solicitor's purpose or intended use of the money or other thing of value. A violation of aggressive solicitation is a petty offense. A petty offense is a type of misdemeanor that carries a fine of up to $300. (A.R.S. §§ 13-802 and 13-2914).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires the State of Arizona and political subdivisions of Arizona to determine the locations in which frequent aggressive solicitation occurs and post a sign in those locations that provides a notice of the penalty for aggressive solicitation.
2. Makes conforming changes.
3. Becomes effective on the general effective date.
Prepared by Senate Research
February 12, 2024
ZD/AB/cs