A bill that will create a permit system for public panhandlers in Mississippi has passed both chambers of the legislature has now gotten Governor Tate Reeves’ stamp of approval.
House Bill 1197, the “Safe Solicitation Act,” was authored by Rep. Shanda Yates, I-Jackson, and passed its originating chamber in February by a vote of 81-30. It was overwhelmingly approved in the Senate 39-12 more than a month later before heading to the governor’s mansion.
As the bill was discussed in both legislative chambers, proponents of the bill said the new measure will enhance public safety and give law enforcement recourse when solicitation disturbs the peace.
Sen. Joey Fillingane, R-Sumrall, chairman of the Senate Judiciary B Committee and one of the bill’s champions in his chamber, said giving law enforcement teeth when it comes to addressing unsafe or aggressive solicitation will be beneficial for everyone involved.
“We’re getting tons of complaints, especially from mayors but also from constituents all across the state, about the fact that over the years we’ve really done away with a lot of the penalty side of issues dealing with homeless, vagrancy, and panhandling,” Fillingane said. “Law enforcement really has very little that they can hold over the person’s head in terms of penalties or fines. That’s our fault, that’s not law enforcement’s fault.”
HB 1197, which is understood to target mostly those in the homeless population who depend on panhandling for income, outlines that those who wish to solicit in public spaces must obtain a solicitation permit from their local municipality. Municipalities or county governments can charge up to $25 as a permit fee, though it can also be offered for free.
The soon-to-be law also details the conditions under which panhandling can be carried out, establishing limitations including the following:
- All solicitors can only enter or remain in a roadway or street while a traffic signal “prohibits vehicular movement”
- All solicitors must stay within 100 feet of the intersection approved under their specific permit
- Solicitations can only occur during daylight hours
- No solicitor may impede traffic at any time
- No solicitor can “persist” after solicitation is denied or act in a demanding or harassing manner
For the full conditions and definitions, the bill can be read here.
Penalties for violating the “Safe Solicitation Act” will vary depending on how a municipality or county government chooses to apply the law, though violators can face misdemeanor charges, fines of up to $300, and imprisonment for up to six months, or a combination of penalties. The most significant penalties outlined in the bill are specifically for “forgery of a solicitation permit.”
While HB 1197 received minimal pushback in either chamber, some detractors pointed to those in the homeless population being unable to pay permit fees and fines, along with a lack of options when it comes to generating a livelihood.
A similar bill, House Bill 1203, died after the House declined to concur on an amended version passed and sent back by the Senate. HB 1203 would have placed similar restrictions on unhoused people concerning public camping, something that received stiffer dissent in both chambers.
HB 1197 will go into effect on July 1.
