BILL ANALYSIS                                                                                                                                                                                                    Ó




                   Senate Appropriations Committee Fiscal Summary
                            Senator Kevin de León, Chair


          SB 604 (Anderson) - Soliciting or vending from medians.
          
          Amended: May 7, 2013            Policy Vote: T&H 8-0
          Urgency: No                     Mandate: Yes
          Hearing Date: May 13, 2013      Consultant: Mark McKenzie
          
          This bill does not meet the criteria for referral to the  
          Suspense File. 

          Bill Summary: SB 604 would generally prohibit a person from  
          soliciting, displaying, selling, or vending merchandise or  
          services from a center median within 300 feet of an intersection  
          controlled by a traffic signal.

          Fiscal Impact: No state reimbursable costs related to the  
          mandate.  The only costs that may be incurred by a local agency  
          relate to the new crime created by the bill.  These costs are  
          not reimbursable by the state pursuant to the California  
          Constitution (Section 6(b) of Article XIII B).

          Background: Existing law makes it illegal for a person to vend  
          any merchandise or service in the right-of-way of any freeway,  
          ramp, or shoulder which lies within the right-of-way of the  
          freeway; within any roadway or shoulder within 500 feet of a  
          freeway off ramp; and on any sidewalk within 500 feet of a  
          freeway off ramp when vending or attempting to vend to vehicular  
          traffic.  A first violation is an infraction.  A second or  
          subsequent violation is a misdemeanor.  Existing law allows law  
          enforcement personnel, firefighters, or other persons employed  
          to protect the public safety to solicit charitable contributions  
          in the roadway from passing motorists if the city or county has  
          approved an application from the charity.

          The California Manual on Uniform Traffic Control Devices defines  
          a "median" as the area between two roadways of a divided highway  
          measured from edge of traveled way to edge of traveled way,  
          excluding turn lanes.

          Proposed Law: SB 604 would prohibit a person from soliciting,  
          displaying, selling, offering for sale, or otherwise vending or  
          attempting to vend any merchandise or service from a center  
          median within 300 feet of an intersection controlled by a  








          SB 604 (Anderson)
          Page 1


          traffic control signal, except as provided under existing law  
          for law enforcement, firefighters, or other public safety  
          personnel soliciting charitable contributions.  As with current  
          law, a first violation is an infraction, and a second or  
          subsequent violation is a misdemeanor.

          Staff Comments: This bill is intended to address public safety  
          risks associated with loitering and panhandling from center  
          medians of signalized intersections, and to reduce  
          vehicle-pedestrian accidents and driver distraction.  Staff  
          notes that several local ordinances prohibiting soliciting from  
          persons travelling in a vehicle along public rights-of-way have  
          recently been struck down as an unconstitutional restriction on  
          First Amendment rights, specifically related to day laborers  
          soliciting employment (Comite De Jornaleros De Redondo Beach v.  
          City of Redondo Beach, 475 F.Supp.2d 952, C.D.Cal.,2006).