H.B. 101

This document includes House Committee Amendments incorporated into the bill on Wed, Feb 12, 2014 at 11:48 AM by lerror. --> This document includes House Floor Amendments incorporated into the bill on Mon, Feb 24, 2014 at 4:11 PM by jeyring. --> This document includes House Floor Amendments (CORRECTED) incorporated into the bill on Tue, Feb 25, 2014 at 9:25 AM by jeyring. --> 1

ROADWAY AND SIDEWALK SAFETY AMENDMENTS
2 2014 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Jim Nielson
5 Senate Sponsor: Curtis S. Bramble
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions relating to safety on roadways and sidewalks.
10 Highlighted Provisions:
11 This bill:
12 . prohibits individuals from engaging in conduct that impedes or blocks traffic within
13 certain roadways; and
14 . prohibits individuals from soliciting money or goods in an aggressive manner on
15 sidewalks within 10 feet of the entrance or exit of a bank or an automated teller
16 machine.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 41-6a-1009 , as last amended by Laws of Utah 2011, Chapter 159
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 41-6a-1009 is amended to read:
27 41-6a-1009. Use of roadway by pedestrians -- Prohibited activities.

28 (1) Where there is a sidewalk provided and its use is practicable, a pedestrian may not
29 walk along or on an adjacent roadway.
30 (2) Where a sidewalk is not provided, a pedestrian walking along or on a highway shall
31 walk only on the shoulder, as far as practicable from the edge of the roadway.
32 (3) Where a sidewalk or a shoulder is not available, a pedestrian walking along or on a
33 highway shall:
34 (a) walk as near as practicable to the outside edge of the roadway; and
35 (b) if on a two-way roadway, walk only on the left side of the roadway facing traffic.
36 [(4) A person may not sit, stand, or loiter on or near a roadway for the purpose of
37 soliciting from the occupant of a vehicle:]
38 [(a) a ride;]
39 [(b) contributions;]
40 [(c) employment;]
41 [(d) the parking, watching, or guarding of a vehicle; or]
42 [(e) other business.]
43 (4) (a) An individual may not engage in conduct that impedes or blocks traffic within
44 any of the following:
45 (i) an interstate system, as defined in Section 72-1-102 ;
46 (ii) a freeway, as defined in Section 41-6a-102 ;
47 (iii) a state highway, as defined in Title 72, Chapter 4, Designation of State Highways
48 Act; or
49 (iv) a state route, or "SR," as defined in Section 72-1-102 .
50 (b) The locations described in Subsection (4)(a) include:
51 (i) shoulder areas, as defined in Section 41-6a-102 ;
52 (ii) on-ramps;
53 (iii) off-ramps; and
54 (iv) an area between the roadways of a divided highway, as defined in Section
55 41-6a-102 .
56 (c) The locations described in Subsection (4)(a) do not include sidewalks, as defined in
57 Section 41-6a-102 .
58 (d) Conduct that impedes or blocks traffic may include:

59 (i) loitering;
60 (ii) demonstrating or picketing;
61 (iii) distributing materials;
62 (iv) gathering signatures;
63 (v) holding signs; or
64 (vi) soliciting rides, contributions, or other business.
65 (e) Conduct that impedes or blocks traffic does not include the conduct described in
66 Section 41-6a-209 .
67 (f) A county or municipality may adopt a resolution, ordinance, or regulation
68 prohibiting conduct in locations described in Subsections (4)(a) and (b) within any of the
69 roadways under its jurisdiction.
70 (g) H. (i) .H The state, a county, or a municipality H. [ may ] shall [ grant ] create a
70a1 permitting
70a process for granting .H a person H. [ a ] an [ temporary ] .H exemption
71 from this Subsection (4) H. [ by written authorization for a specified location or time ] .H .
71a1 H. (ii) Upon receipt of a valid permit application, the state, a county, or a municipality
71b1 shall grant a person a temporary exemption from this Subsection (4) for a specified
71c location or time.
71a (h) [ nothing ] Nothing in this section prohibits a temporary spontaneous
71b demonstration. .H
72 (5) A pedestrian who is under the influence of alcohol or any drug to a degree which
73 renders the pedestrian a hazard may not walk or be on a highway except on a sidewalk or
74 sidewalk area.
75 (6) Except as otherwise provided in this chapter, a pedestrian on a roadway shall yield
76 the right-of-way to all vehicles on the roadway.
77 (7) A pedestrian may not walk along or on a no-access freeway facility except during
78 an emergency.
79 (8) (a) As used in this Subsection (8):
80 (i) "Aggressive manner" means intentionally:
81 (A) persisting in approaching or following an individual after the individual has
82 negatively responded to the solicitation;
83 (B) engaging in conduct that would cause a reasonable individual to fear imminent
84 bodily harm;
85 (C) engaging in conduct that would intimidate a reasonable individual into giving
86 money or goods;
87 (D) blocking the path of an individual; or
88 (E) physically contacting an individual or the individual's personal property without
89 that individual's consent.

90 (ii) "Bank" is as defined in Section 13-42-102 .
91 (iii) "Sidewalk" is as defined in Section 41-6a-102 .
92 (b) An individual may not solicit money or goods from another individual in an
93 aggressive manner:
94 (i) during the business hours of a bank if either the individual soliciting, or the
95 individual being solicited, is on the portion of a sidewalk that is within 10 feet of the bank's
96 entrance or exit; or
97 (ii) on the portion of a sidewalk that is within 10 feet of an automated teller machine.




Legislative Review Note
as of 2-3-14 1:25 PM

Office of Legislative Research and General Counsel