H-4286.1

HOUSE BILL 2911

ByRepresentatives Entenman and Pollet

AN ACT Relating to charitable solicitation near public roadways; adding a new section to chapter 19.09 RCW; and creating a new section.

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

(a) For over fifty years, firefighters across Washington have engaged in charitable fund-raising events to support medical research of debilitating diseases such as muscular dystrophy; provide comprehensive health care and support services, advocacy, and education on behalf of children and adults with neuromuscular diseases; and conduct summer camps for children with muscular dystrophy;

(b) One of the most successful fund-raising events that firefighters have employed is the signature "fill the boot" campaign, which consists of firefighters asking passing motorists to contribute by putting money into firefighter boots or similar such efforts; and

(c) Other nonprofit and charitable organizations may benefit from the ability to solicit and accept donations in a similar manner.

(2) It is, therefore, the intent of the legislature to clarify that local governments may, in their discretion, allow law enforcement personnel and firefighters, other public safety personnel, and nonprofit or charitable organizations to conduct fund-raising activities near public roadways.

NEW SECTION.  Sec. 2. A new section is added to chapter 19.09 RCW to read as follows:

(1) A charitable organization may engage in a solicitation for charitable purposes that involve persons standing in a public roadway soliciting contributions from passing motorists, if the charitable organization files an application with the city, county, or city and county, as applicable, having jurisdiction over the location or locations where the solicitation is to occur. The application shall be filed not later than ten business days before the date that the solicitation is to begin and shall include all of the following:

(a) The date or dates and times of day when the solicitation is to occur;

(b) The location or locations where the solicitation is to occur; and

(c) The manner and conditions under which the solicitation is to occur.

(2) The city, county, or city and county shall approve the application within five business days of the filing date of the application, but may impose reasonable conditions in writing that are consistent with the intent of this section and that are based on articulated public safety concerns.

(3) By acting under this section, a city, county, or city and county granting such approval do not waive or limit any immunity from liability provided by any other provision of law.

(4) This section does not prevent a local agency from adopting an ordinance regulating the time, place, or manner of charitable solicitations in a public roadway by other persons or charities.

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