AN ACT Relating to restricting aggressive panhandling at public rest stops and rest areas; adding a new section to chapter 47.38 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1.  A new section is added to chapter 47.38 RCW to read as follows:

(1) A person may not aggressively panhandle when the person solicited is in any public rest stop or rest area.

(2) For purposes of this section, "aggressive panhandling" means any solicitation made in person requesting another person to make a donation of money or to purchase an item in the following manners or circumstances:

(a) Requesting a purchase for 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;

(b) Wearing a military uniform or displaying other indication of military service, when the solicitor is neither a present nor former member of the service indicated;

(c) Stating that the donation is needed to meet a specific need, when the solicitor already has sufficient funds to meet that need and does not disclose that fact;

(d) Making any statement, gesture, or other communication that a reasonable person in the situation of the person solicited would perceive to be a threat;

(e) Coming within three feet of the person solicited, until that person has indicated that he or she wishes to make a donation;

(f) By knowingly making any other false or misleading representation in the course of soliciting a donation not listed herein;

(g) Stating that the funds are needed for a specific purpose and then spending the funds received for a different purpose;

(h) Wearing or displaying an indication of physical disability, when the solicitor does not suffer the disability indicated;

(i) Using profane or abusive language, either during the solicitation or following a refusal;

(j) Stating that the solicitor is from out of town and stranded, when that is not true;

(k) Blocking the path of the person solicited along a walkway or driveway;

(l) Stating that the donation is needed to meet a need that does not exist;

(m) Stating that the solicitor is homeless, when he or she is not;

(n) Following a person who walks away from the panhandler;

(o) Using any makeup or device to simulate any deformity;

(p) Panhandling in a group of two or more persons;

(q) Requesting an immediate donation of money; or

(r) After sunset or before sunrise.

(3) Aggressive panhandling does not include passively standing or sitting with a sign or other indication that one is seeking donations, without addressing any solicitation to any specific person other than in response to an inquiry by that person.

(4) A violation of this section is a misdemeanor.

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